C&P Exam for PTSD increase - might have backfired!

[Navy4life]

C&P Exam PTSD:MST Eating Disorder.pdf

^^^^^^Well the attached report indicates to me a 10% PTSD rating.  I am currently 30% and I do not understand how this happened but I might be in for a reduction.  I thought the exam went well.  I had a PTSD and Eating Disorder C&P.  

Regarding the occupational/social impairment she checked the one that resembles 10% and for "b" she marks YES and goes on to say my trauma impacts my occupational/social impairment.

Look at the symptoms she notes:

Anxiety; Panic Attacks more than once a week; Chronic sleep impairment; difficulty in establishing and maintaining effective work and social relationships

She even stated in the exam that I was BDD (Body Dysmorphic Disorder) but her reports indicates while I have BDD characteristics I don't warrant the BDD rating.

She states for the VA established diagnosis of SPECIFIED TRAUMA AND STRESSOR RELATED DISORDER, there is NO CHANGE in the diagnosis.  At this time the claimant's condition is active.

Does this Exam mean I am going to be reduced or would I fall under the below???

3.344 Stabilization of disability evaluations.

(a) Examination reports indicating improvement. Rating agencies will handle cases affected by change of medical findings or diagnosis, so as to produce the greatest degree of stability of disability evaluations consistent with the laws and Department of Veterans Affairs regulations governing disability compensation and pension. It is essential that the entire record of examinations and the medical-industrial history be reviewed to ascertain whether the recent examination is full and complete, including all special examinations indicated as a result of general examination and the entire case history. This applies to treatment of intercurrent diseases and exacerbations, including hospital reports, bedside examinations, examinations by designated physicians, and examinations in the absence of, or without taking full advantage of, laboratory facilities and the cooperation of specialists in related lines. Examinations less full and complete than those on which payments were authorized or continued will not be used as a basis of reduction. Ratings on account of diseases subject to temporary or episodic improvement, e.g., manic depressive or other psychotic reaction, epilepsy, psychoneurotic reaction, arteriosclerotic heart disease, bronchial asthma, gastric or duodenal ulcer, many skin diseases, etc., will not be reduced on any one examination, except in those instances where all the evidence of record clearly warrants the conclusion that sustained improvement has been demonstrated. Ratings on account of diseases which become comparatively symptom free (findings absent) after prolonged rest, e.g. residuals of phlebitis, arteriosclerotic heart disease, etc., will not be reduced on examinations reflecting the results of bed rest. Moreover, though material improvement in the physical or mental condition is clearly reflected the rating agency will consider whether the evidence makes it reasonably certain that the improvement will be maintained under the ordinary conditions of life. When syphilis of the central nervous system or alcoholic deterioration is diagnosed following a long prior history of psychosis, psychoneurosis, epilepsy, or the like, it is rarely possible to exclude persistence, in masked form, of the preceding innocently acquired manifestations. Rating boards encountering a change of diagnosis will exercise caution in the determination as to whether a change in diagnosis represents no more than a progression of an earlier diagnosis, an error in prior diagnosis or possibly a disease entity independent of the service-connected disability. When the new diagnosis reflects mental deficiency or personality disorder only, the possibility of only temporary remission of a super-imposed psychiatric disease will be borne in mind.

(b) Doubtful cases. If doubt remains, after according due consideration to all the evidence developed by the several items discussed in paragraph (a) of this section, the rating agency will continue the rating in effect, citing the former diagnosis with the new diagnosis in parentheses, and following the appropriate code there will be added the reference “Rating continued pending reexamination ___ months from this date, §3.344.” The rating agency will determine on the basis of the facts in each individual case whether 18, 24 or 30 months will be allowed to elapse before the reexamination will be made.

(c) Disabilities which are likely to improve. The provisions of paragraphs (a) and (b) of this section apply to ratings which have continued for long periods at the same level (5 years or more). They do not apply to disabilities which have not become stabilized and are likely to improve. Reexaminations disclosing improvement, physical or mental, in these disabilities will warrant reduction in rating.

 

Edited February 23, 2016 by Navy4life

[Navy4life]

6 hours ago, Buck52 said:

Wow I just now seen this post

this is great news Navy4life  good for you girl   this puts you close to 100%  right? way to go girl

 

Nice Pic btw

..................Buck

70% as of now. Still awaiting the DRO decision. Thanks!

[flores97]

Navy4life, I thought I had posted congratulations on your PTSD increase(if i had a brain, id be dangerous), but that apparently was in my head so.. Congratulations, i am so glad the rater did the right thing and considered the "whole picture", you deserve it and have a great rest of the weekend!

[ArNG11]

Congrats as well, been missing the posts with good news.  I need to read more carefully.  In any case still again congrats. Best wishes.

[JonathanAD]

I realize this is a couple of years old, but I am in the EXACT same boat.  Claim status is "pending decision approval" now.  I am hoping for the same result! Belated Congrats!

[Navy4life]

I am still around and good luck to you sir!  At this time I did go to 50% but I am now 70% since my latest increase this year.  

[JonathanAD]

That's great news!  My claim status just moved to "Preparation for Notification" an hour or so ago.  I'm hoping for some good news soon myself.