Ask Your VA Claims Questions | Read Current Posts
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules
- 0
-
Tell a friend
-
Recent Achievements
-
Our picks
-
VA Disability Claims: 5 Game-Changing Precedential Decisions You Need to Know
Tbird posted a record in VA Claims and Benefits Information,
These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.
Service Connection
Frost v. Shulkin (2017)
This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected.
Saunders v. Wilkie (2018)
The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.
Effective Dates
Martinez v. McDonough (2023)
This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.
Rating Issues
Continue Reading on HadIt.com-
- 0 replies
Picked By
Tbird, -
-
Are all military medical records on file at the VA?
RichardZ posted a topic in How to's on filing a Claim,
I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful. We decided I should submit a few new claims which we did. He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims. He said that the VA now has entire military medical record on file and would find the record(s) in their own file. It seemed odd to me as my service dates back to 1981 and spans 34 years through my retirement in 2015. It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me. He didn't want my copies. Anyone have any information on this. Much thanks in advance.-
- 4 replies
Picked By
RichardZ, -
-
Caluza Triangle defines what is necessary for service connection
Tbird posted a record in VA Claims and Benefits Information,
Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL
This has to be MEDICALLY Documented in your records:
Current Diagnosis. (No diagnosis, no Service Connection.)
In-Service Event or Aggravation.
Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”-
- 0 replies
Picked By
Tbird, -
-
Post in ICD Codes and SCT CODES?WHAT THEY MEAN?
Timothy cawthorn posted an answer to a question,
Do the sct codes help or hurt my disability ratingPicked By
yellowrose, -
-
Post in Chevron Deference overruled by Supreme Court
broncovet posted a post in a topic,
VA has gotten away with (mis) interpreting their ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.
They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.
This is not true,
Proof:
About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because when they cant work, they can not keep their home. I was one of those Veterans who they denied for a bogus reason: "Its been too long since military service". This is bogus because its not one of the criteria for service connection, but simply made up by VA. And, I was a homeless Vet, albeit a short time, mostly due to the kindness of strangers and friends.
Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly. The VA is broken.
A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals. I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision. All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did.
I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt". Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day? Va likes to blame the Veterans, not their system.Picked By
Lemuel, -
-
Question
chriscond
I'm currently rated at 50% for Anxiety Disorder NOS. I have a few issues with some of the things he wrote because some were flat out wrong, but I don't know if I should fuss about it.
Is this DBQ being completed in conjunction with a VA 21-2507, C&P
Examination
Request?
[X] Yes [ ] No
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: F41
If the Veteran currently has one or more mental disorders that conform to
DSM-5 criteria, provide all diagnoses:
Mental Disorder Diagnosis #1: Generalized Anxiety Disorder
ICD code: F41
Mental Disorder Diagnosis #2: Major Depressivve Disorder
ICD code: F33
Mental Disorder Diagnosis #3: Panic Disorder
ICD code: F41
b. Medical diagnoses relevant to the understanding or management of the
Mental Health Disorder (to include TBI): Per Veteran, Headaches
2. Differentiation of symptoms
------------------------------
a. Does the Veteran have more than one mental disorder diagnosed?
[X] Yes [ ] No
b. Is it possible to differentiate what symptom(s) is/are attributable to
each diagnosis?
[X] Yes [ ] No [ ] Not applicable (N/A)
If yes, list which symptoms are attributable to each diagnosis and
discuss whether there is any clinical association between these
diagnoses:
The Veteran's anxiety is secondary to Generalized Anxiety Disorder
(GAD). Depression and feelings of guilt are secondary to Major
Depressive Disorder (MDD). Panic Attacks are secondary to Panic
Disorder. Symptoms of low energy, low concentration, low
motivation,
low sex drive, irritability and insomnia are secondary to both GAD
and MDD.
c. Does the Veteran have a diagnosed traumatic brain injury (TBI)?
[ ] Yes [ ] No [X] 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 deficiencies in most areas,
such as work, school, family relations, judgment, thinking and/or
mood
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?
[X] Yes [ ] No [ ] No other mental disorder has been diagnosed
If yes, list which portion of the indicated level of occupational and
social impairment is attributable to each diagnosis:
GAD and MDD both appear to have a significant impact in his level
of
dysfunction. They are both complex, overlapping in symptoms and
interactive in nature.
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
SECTION II:
-----------
Clinical Findings:
------------------
1. Evidence Review
------------------
Evidence reviewed (check all that apply):
[X] VA e-folder (VBMS or Virtual VA)
2. History
----------
a. Relevant Social/Marital/Family history (pre-military, military, and
post-military):
The Veteran currently lives in Silverdale, Washington, with his partner
of seven years and her their children. He stated that his relationship
with her was, "Rocky...I'm just hard to deal with. She's told me
multiple times that she wants to leave." He stated that he'd remained
emotionally connected to his children. He has two friends who he has
rare contact with. He spends his time reading, listening to music,
watching tv and on the internet. He explained that he often spent time
alone in his room because he was anxious and felt disconnected from
others. He denied having problems with activities of daily living.
b. Relevant Occupational and Educational history (pre-military, military,
and
post-military):
The Veteran is currently unemployed. He most recently worked for one
week in 2009 as a sterile processing tech. He struggled with anxiety,
panic attacks and depression which led to him leaving the position. He
said, "I can become violent sometimes." He hadn't been employed since
then. He said, "My mental health provider recommended me to take care
of myself."
c. Relevant Mental Health history, to include prescribed medications and
family mental health (pre-military, military, and post-military):
The Veteran has been in mental health treatment at the VA in Seattle
since 2013. He's currently prescribed prozac, clonazepam, lithium and
hydroxyzine. He said he'd been diagnosed with GAD, MDD and Panic
Disorder. He was previously in mental health treatment at the Front
Street Clinic in Poulsbo, Washington.
d. Relevant Legal and Behavioral history (pre-military, military, and
post-military):
The Veteran reported that he'd been convicted of a misdemeanor in 2013
after pushing a police officer. No other history of legal issues were
reported.
e. Relevant Substance abuse history (pre-military, military, and
post-military):
The Veteran reported that he most recently consumed alcohol in February
2013. He said he abused alcohol "off and on" since 2008. He's been in
substance abuse treatment in Silverdale, Washington, "for almost one
year." He meets criteria for Alcohol Use Disorder.
f. Other, if any:
No response provided.
3. Symptoms
-----------
For VA rating purposes, check all symptoms that actively apply to the
Veteran's diagnoses:
[X] Depressed mood
[X] Anxiety
[X] Suspiciousness
[X] Panic attacks more than once a week
[X] Chronic sleep impairment
[X] Impairment of short- and long-term memory, for example, retention of
only highly learned material, while forgetting to complete tasks
[X] Disturbances of motivation and mood
[X] Difficulty in establishing and maintaining effective work and social
relationships
[X] Difficulty in adapting to stressful circumstances, including work or
a
worklike setting
[X] Inability to establish and maintain effective relationships
4. Behavioral observations
--------------------------
See Remarks below.
5. Other symptoms
-----------------
Does the Veteran have any other symptoms attributable to mental disorders
that are not listed above?
[ ] Yes [X] No
6. Competency
-------------
Is the Veteran capable of managing his or her financial affairs?
[X] Yes [ ] No
7. Remarks (including any testing results), if any:
---------------------------------------------------
Clinical Examination: The Veteran was interviewed for approximately 61
minutes to obtain a psychosocial history, assess clinical symptoms, and
evaluate quality of life and functional status. The examiner
Psy.D., is a Washington state licensed clinical psychologist who is
privileged at the VAMC, Puget Sound, to perform Mental Disorders, PTSD and
cognitive screening C&P exams. Limits of confidentiality for this
assessment
were reviewed. It was explained that the resulting report, which includes a
review of medical records, would be sent to regional office for
determination
of benefits. The Veteran did not express any concerns about this.
Additionally, the Veteran was informed that if he/she presented as a danger
to him/herself or others or reported that elders or children were being
harmed, confidentiality would be breached.
Clinical Measures: The Veteran completed psychological evaluations to assess
for the presence of anxiety and mood disorders. Specifically, the Veteran
completed self-report measures to for PTSD (PCL-5), depression (PHQ-9), and
alcohol use (Audit-C).
The PTSD Symptom Scale Interview (PSSI) was completed as a structured
interview for PTSD and further assessment of other anxiety disorders and
depression was completed as well.
RESULTS OF DIAGNOSTIC INSTRUMENTS:
The Veteran scored 58/80 on the PCL-5, indicating significant symptoms of
PTSD (below 38 indicates subclinical symptoms of PTSD).
He scored 18/27 on the PHQ-9 (indicating moderately severe depressive
symptoms). PHQ-9 scores from 5-9 represent mild depression, 10-14 moderate,
15-19 moderately severe, and 20 or above severe (Kroenke, Spitzer, &
Williams, 2001).
The Veteran score 12/40 on the AUDIT-C, indicating alcohol use appears to be
a concern for the Veteran at this time.
MENTAL STATUS
APPEARANCE AND BEHAVIOR: The Veteran drove to the evaluation with his
partner. Presented as cordial. Was casually dressed and well-groomed. Eye
contact was good. Hygiene and dress were adequate and appropriate on all
accounts. Level of activity was normal. Veteran was cooperative and
talkative during the interview process.
ORIENTATION AND CONSCIOUSNESS: The Veteran appeared fully oriented to time,
place, person, purpose.
MEMORY LOSS OR IMPAIRMENT: The Veteran did not display any obvious signs of
memory problems across the interview, as evidenced by his ability to track
questions and produce response from immediate, short term, long term and
episodic memory.
SPEECH: Speech was normal in volume and pace; verbalizations were relevant,
logical, well-organized, and coherent. Veteran could articulate thoughts.
At times, the Veteran was off-topic due to heightened emotions.
THOUGHT PROCESS AND CONTENT: There was no significant impairment in
organization of thinking or communication; thinking was goal-directed and
focused.
FUND OF KNOWLEDGE AND COGNITIVE FUNCTIONING: At least average intellectual
abilities, as evidenced by the Veteran's use of language, fund of knowledge
and academic achievement.
MOOD: Mood appeared to be anxious and irritable.
AFFECT: The Veteran presented with an expansive affect which was
appropriate
in nature.
MOTIVATION AND ENERGY: Motivation for improvement is good.
IMPULSE CONTROL: No impairment based on behavior during the evaluation.
PSYCHOSIS: Veteran denied hallucinations and prominent delusions and did
not
present with any obvious signs of psychosis across the interview.
ACTIVITIES OF DAILY LIVING AND SELF-CARE: Based on the Veteran's report, he
performs most basic activities of daily living, including meeting basic
requirements for nutrition, shelter, and hygiene and grooming. He denied
experiencing any notable problems with ADLs.
DIAGNOSTIC FORMULATION
The Veteran experiences persistent anxiety in response to a wide range of
issues in his life. He discussed that "little things" often trigger his
anxiety. He often spends time in isolation while he feels disconnected from
others. He struggles with low attention, low energy, insomnia and low
motivation on a regular basis. He's depressed on a daily basis. He
experiences panic attacks multiple times per week. He also reported low sex
drive and a fluctuating appetite. Stressors were identified as, "Chores, my
family, being around people." He meets criteria for Major Depressive
Disorder, Generalized Anxiety Disorder and Panic Disorder.
RISK ASSESSMENT
At the time of the evaluation, the Veteran denied feeling hopelessness or
experiencing suicidal ideation. He reported experiencing passive thoughts of
suicide several days per week. On occasion, he experiences more intense
thoughts of harming himself, although he denied having a plan.
DISCUSSION
In summary, this is a 32-year-old male Veteran who presents for evaluation
of
Mental Disorder.
After carefully reviewing the Veteran's electronic medical records,
psychometric data, and interviewing the Veteran, it is my opinion that the
Veteran meets DSM-V criteria for Generalized Anxiety Disorder, Major
Deprssive Disorder and Panic Disorder. It's believed that his current
psychiatric symptoms are a continuation of the mental disorder that had been
diagnosed in the past.
The Veteran's psychiatric symptoms include persistent anxiety,
depression,irritability, feeling emotionally empty, feeling distant from
others, lacking drive and motivation, panic attacks, disturbance in sleep
and
a low sex drive.
These issues appear to have a moderate to severe impact in his ability to
work a full-time job. He often isolates while he has minimal trust in
others. He's likely to have difficulties working with co-workers, while
agitation is easily triggered. More severe symptoms, compared to a few
years
ago, were noted as irritability, scattered thinking and panic attacks. It's
believed that he's unable to adapt to mild stress in a work environment.
For the purpose of this evaluation, the severity of the impairment is
believed to be best classified as, "Occupational and social impairment with
deficiencies in most areas, such as work, school, family relations,
judgment,
thinking and/or mood."
The Veteran is competent for VA purposes. He is capable of managing his
benefit payments and financial affairs in his own best interest.
------
My issues with his report: Should I leave it alone or request it to be fixed?
He said I told him my most recent alcohol use was in February 2013. No, I specifically said February of this year. Then he said I have been in alcohol treatment for 1 year currently, NO, i was in alcohol treatment in 2013. So he got those mixed up.
He said I drove to the appointment with my partner. NO-I specifically told him my mom drove me to the appointment because I cannot handle driving long distances.
Stuff about the hygiene and ADL's-NO, I specifically told him I sometimes do not want to eat or get out of bed. I also told him my girlfriend keeps track of when I shower because I'm not able to gauge how frequently I do it and she told me I've showered 3-4 times in the last 6-8 weeks.
That's about it that I can tell from first read through...I dunno how big of a deal those things are but still.
To me, at first glance, looks like he is saying that I couldn't work a full time job and probably not even a part time job. Or maybe I'm reading it wrong. I'll wait for some of you guys to chime in.
Link to comment
Share on other sites
Top Posters For This Question
12
4
3
2
Popular Days
Apr 9
6
Apr 10
6
Jun 4
5
Apr 8
2
Top Posters For This Question
chriscond 12 posts
Berta 4 posts
Vync 3 posts
Buck52 2 posts
Popular Days
Apr 9 2018
6 posts
Apr 10 2018
6 posts
Jun 4 2018
5 posts
Apr 8 2018
2 posts
Popular Posts
Vync
In my opinion, it looks like you might qualify for an increase to a minimum of 70% and... §4.130 Schedule of ratings—Mental disorders.
chriscond
Just to clarify some things, since a few of the responses have mentioned it. I am already receiving SSDI based SOLELY on my S/C anxiety/depressive disorder. I've been receiving SSDI since 2010. Actual
Berta
"The VA is aware of my SSDI award." "I am already receiving SSDI based SOLELY on my S/C anxiety/depressive disorder. I've been receiving SSDI since 2010. " If they were aware of it when the
30 answers to this question
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now