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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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Tomahawk

Mood Disorder Rating

Question

So I just had my C&P exam for depression secondary to my CRPS.  Based on the exam can anyone speculate on what rating I would get?

 

 

                           SECTION I:
                                   ----------
    1. Diagnosis
    ------------
    a. Does the Veteran now have or has he/she ever been diagnosed with a mental
       disorder(s)?
       [X] Yes  [ ] No
       
       ICD code: F32.89
       
       If the Veteran currently has one or more mental disorders that conform to
       DSM-5 criteria, provide all diagnoses:
       
       Mental Disorder Diagnosis #1: Other specified depressive disorder
       ICD code: F32.89

    b. Medical diagnoses relevant to the understanding or management of the
       Mental Health Disorder (to include TBI): complex regional pain syndrome,
       OSA, herniated disks
       

    2. Differentiation of symptoms
    ------------------------------
    a. Does the Veteran have more than one mental disorder diagnosed?
       [ ] Yes  [X] No
       
    c. Does the Veteran have a diagnosed traumatic brain injury (TBI)?
       [ ] Yes  [X] No  [ ] Not shown in records reviewed
       
    3. Occupational and social impairment
    -------------------------------------
    a. Which of the following best summarizes the Veteran's level of 
occupational
       and social impairment with regards to all mental diagnoses? (Check only
       one)
       
       [X] Occupational and social impairment with occasional decrease in work
           efficiency and intermittent periods of inability to perform
           occupational tasks, although generally functioning satisfactorily,
           with normal routine behavior, self-care and conversation

    b. For the indicated level of occupational and social impairment, is it
       possible to differentiate what portion of the occupational and social
       impairment indicated above is caused by each mental disorder?
       [ ] Yes  [ ] No  [X] No other mental disorder has been diagnosed
       
    c. If a diagnosis of TBI exists, is it possible to differentiate what 
portion
       of the occupational and social impairment indicated above is caused by 
the
       TBI?
       [ ] Yes  [ ] No  [X] No diagnosis of TBI

3. Symptoms
    -----------
    For VA rating purposes, check all symptoms that actively apply to the
    Veteran's diagnoses:
    
       [X] Depressed mood
       [X] Near-continuous panic or depression affecting the ability to function
           independently, appropriately and effectively
       [X] Chronic sleep impairment
       [X] Disturbances of motivation and mood

 

--------------
    TEST RESULTS: Mr. XXX completed the Beck Depression Inventory-II (BDI-II),
    a widely used self-report instrument concerning depressive symptoms
    experienced in the last two weeks. There are no norms. The instrument lacks 
a
    validity scale and is therefore susceptible to either under- or
    over-reporting of symptoms. Mr. XXX scored 30, which the test developer
    considers to represent "severe" depression.

    --------------------

    OPINION: Mr. XXX's current symptoms meet diagnostic criteria for other
    specified depressive disorder, a diagnosis based on depressive symptoms that
    do not fully meet diagnostic criteria for a specific depressive disorder. 
The
    veteran's depressive disorder is as least as likely as not proximately due 
to
    or the result of complex regional pain syndrome, left lower extremity with
    atrophy; and to herniated disks.

 

Edited by Tomahawk

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Is this the whole report it was done under the general mental exam right what was the occupational report any problems? Maybe lowball at 10 my gues is 30 though... surprised nothing about occupational impairment was mentioned i see it could be maybe construed as being the same as independently but I'm. O expert but definately a secondary SC claim...

Edited by jfrei

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Added the pertinent info to my original post.   I understand based on the occupational report it could be 30%.  However the fact that he indicated:

"Near-continuous panic or depression affecting the ability to function independently, appropriately and effectively"

makes me think it may be higher.  Just curious what the experts/former raters on here think.

 

My question is based off of reading:
 

 

VAZQUEZ-CLAUDIO V. SHINSEKI

In Vazquez-Claudio v. Shinseki, the Federal Circuit ruled that the most important consideration when rating psychological disorders is the symptoms associated with each rating. For example, if a veteran is trying to get a 70% rating, it is less important that he prove that he have "[o]ccupational and social impairment, with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood," and more important that he prove that he have the symptoms associated with that rating, which include "suicidal ideation; obsessional rituals which interfere with routine activities; speech intermittently illogical, obscure, or irrelevant; near-continuous panic or depression affecting the ability to function independently, appropriately and effectively; impaired impulse control (such as unprovoked irritability with periods of violence); spatial disorientation; neglect of personal appearance and hygiene; difficulty in adapting to stressful circumstances (including work or a worklike setting); inability to establish and maintain effective relationships."

So, in any case where you are trying to receive a higher rating for PTSD, remember that the most important thing you must prove is that you have the symptoms associated with each disability rating.

 

As the symptom selected is associated with the 70% rating, I am curious what the likelihood is that they will grant the 70%

Edited by Tomahawk

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So the likelihood is s certainty.   They gave me 70%

 

 

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GREAT!!! did the VA say anything about TDIU in the decisions or enclose the TDIU form?

Or if not you are probably employed.

This is Great News.

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I have yet to received the letter.  Though I am indeed employed. 

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