Anxiety Appeal pending.....

[ArmyVet1981]

Hello:)  Pretty new to this site, but have read some great advice, and support, so I will ask for some input for my appeal.

Back story... I filed for anxiety in 2013 (I should've claimed it in my separation exam in 2009-- but didn't want that "stigma"...silly I know)

Claim closed in mid 2014.  They rated me 10%... Mind you, I had anxiety in service (due to a traumatic event) and was on medication for many years.  I filed my NOD in the summer of 2015 ( I know.. it took me a while to file it, but I was going through other family events, either way I got my appeal in within the year mark)

When I did my initial C&P with the mental health DR... I had told them I was missing some work due to this, but wasn't on FMLA yet cause I hadn't been at my job for a year, and that was a requirement...

Still.. 10%

I sent in my NOD requesting a DRO De Novo Review, cause by this time I had been approved FMLA and had already lost over 150 hours of unpaid leave due to panic attacks.... also since then another VA Dr. diagnosed me with a Panic Disorder and other mental health issues, not just the Generalized Anxiety Attacks first stated to me.

I know appeals can take forever.... but I submitted all new paperwork, my new exams are in the system, ..... Just hoping that they can see my issue is more than a 10% rating.. it has literally taken over my life.  Do you think of what I just typed would at least warrant a 30% eval?

It would be great to hear any stories of success, or not such good news on your appeal with similar background....

Thank you all, and God Bless :)

Edited March 31, 2016 by ArmyVet1981
added tags

[Berta]

 

If the C & P was done at a VAMC you can get a copy of it ...or it might be on ebenefits.

One thing for sure...VA needs to have all medical evidence you mentioned and  any documentation from the FMLA decision-which I think would be a strong independent medical assessment of your PTSD.

Higher ratings for PTSD can come from  many other sources...obviously SSA if they awarded SSDI solely for PTSD.

Also Job performance appraisals, or Voc Rehab turn downs ,solely due to SC PTSD,or  the evidence from non VA sources such as ADA, EEOC, DOL, ETC ETC ,if PTSD had caused on the job discrimination and the investigation produced testimony that PTSD impacted on the job by creating a 'hostile' workplace environment, if the employer tried to use that to get out of the discrimination case,

also through VA test results such as the Combat Related MMPI etc etc.

VA is quick to lowball an initial PTSD rating.They awarded 30% for PTSD to my husband in 1983.

He filed for increase in 1994. They awarded 100% P & T for PTSD in 1997 with a very favorable EED back to 1991.

Lot of good that did him because he had been dead by then for almost 3 years.....

But my point is one of his last wishes was for me to continue his claims if he died and the evidence I gathered came from all of the above entities I mentioned plus his continuous VA PTSD treatment records, and his two hospitalizations for PTSD.

 

[ArmyVet1981]

Thank you so much for your thorough and fast response... 

Unfortunately, they did not rate me as having PTSD, only Generalized Anxiety Disorder. 

I filed another claim in 2014 for Chronic Fatigue, and Insomnia (as I cannot sleep without aids of some kind) but that was also denied. 

However when I did talk to the C&P Mental Health eval for Insomnia, she was the one that stated I have severe Panic Disorder, along with other generalized anxiety/depression, impaired sleeping habits.... although that was denied, I am hoping that eval will help with my Anxiety Appeal, as that is the only appeal I have at the moment.

I didn't appeal the other ones as I had already started the Anxiety Appeal, and did NOT want to "confuse" them or make them take longer on my appeal. I remember seeing the C&P report and the way my VSO and I read it sounded like I fell between the 50% and 70% rating under the Mental Health ratings... all FMLA, and documents were submitted with the appeal. 

I am just hoping it does not take 500 something days as everyone seems to be telling me.  

But, if I will wait, and wait, and fight to the end.  That's all I can do.

Thank you again, and thank you for serving  our Veterans.