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cryingbear

Mental C&P and TDIU

Question

I was given a 50% rating last year for my initial claim from 2012-2017 but appealed for a higher rating and TDIU.  I have been on SSDI for more than 10 years for my mental condition.  Here is the exam the rater based my rating on.  Is it possible to get a higher rating and TDIU based on my SSDI and this examination?

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 reduced reliability and productivity

3 . Symptoms

For VA rating purposes , check all symptoms that actively apply to the Veteran ' s diagnoses :
[X] Depressed mood
[X] Chronic sleep impairment
[X] Disturbances of motivation and mood
[X] Difficulty in establishing and maintaining effective work and social relationships

5 . Other symptoms
Does the Veteran have any other symptoms attributable to mental disorders
that are not listed above?
[X] Yes [ ] No

If yes , describe :
The veteran has a very significant history of manic episodes with hyperactivity, increased energy , racing thoughts , significant agitation / anger with increased impulsivity , markedly decreased need for sleep . Such impulsivity in the past included aggression , picking fights .The patient also came to a point where he was psychotic , paranoid with delusions and some hallucinations . 

If the question is about occupational impairment regarding the schizoaffective/bipolar type, this examiner notes that this condition has been quite severe over the past few years , though the veteran has indicated he was not fully compliant with his treatment for a few years in recent times . However , over the last year or so , he has been much more stable and is on a monthly injection that helps ensure compliance . Treatment notes indicate improved stability . It is likely that he would manage some kind of basic employment given his current condition .

Today, the veteran ' s memory appeared grossly intact . There are no current or recent problems with delusions or hallucinations . However , such symptoms have been quite prominent in the past . The veteran has a history of very significant paranoid delusions of being followed , receiving signals from God and messages in code from aliens because he sees papers on the floor . Such symptoms are not presently or recently occurring . There was a history of hallucinations including seeing lights he attributed to aliens . Again such symptoms are absent in recent times and this is corroborated by treatment notes . Medications seem to be keeping him quite stable now . The veteran also denied any suicidal or homicidal ideation . Again , in the past he has had suicidal and homicidal/aggressive thoughts and behaviors . Treatment notes and his presentation today and reports indicate this is not presently or recently occurring . There are no panic attacks and no OCD . He denied problems with anxiety (present in the past however) . He reports medications helped this . Mood does still fluctuate at times .

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2 hours ago, cryingbear said:

I was given a 50% rating last year for my initial claim from 2012-2017 but appealed for a higher rating and TDIU.  I have been on SSDI for more than 10 years for my mental condition.

Is the mental condition that you receive SSDI for totally from prior service? If yes then you should definitely be pushing for a higher rating.

 

2 hours ago, cryingbear said:

It is likely that he would manage some kind of basic employment given his current condition .

This statement certainly doesn't help TDIU.

I'm sure others will chime in about this in time.

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I am thinking that 70%  with possibility for 100% will be awarded  due to these symptoms below

I am unaware of what type on injections are given For M.H. Issues?

 . 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 reduced reliability and productivity

3 . Symptoms

For VA rating purposes , check all symptoms that actively apply to the Veteran ' s diagnoses :
[X] Depressed mood
[X] Chronic sleep impairment
[X] Disturbances of motivation and mood
[X] Difficulty in establishing and maintaining effective work and social relationships
 

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It is a anti-psychotic injection that I get monthly.  It slowly releases medication over a period of a month.  The medication is approved for schizophrenia and schizoaffective disorder.  My doctors diagnosed me with schizophrenia and bipolar disorder.

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I was awarded SSDI from about 18 months out of active duty in 2006 for bipolar disorder.

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Posted (edited)

Oh  Okay Roger that, DEPOT INJECTION  OF  risperidone (Risperdal, Janssen). Treatment with risperidone requires an injection every 2 Weeks,  your just not taking the pill form. And it releases the medication slower to be more effective. 

Are you in therapy ?

Edited by Buck52

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