Jump to content


  • veteranscrisisline-badge-chat-1.gif

  • Advertisemnt

  • Trouble Remembering? This helped me.

    I have memory problems and as some of you may know I highly recommend Evernote and have for years. Though I've found that writing helps me remember more. I ran across Tom's videos on youtube, I'm a bit geeky and I also use an IPad so if you take notes on your IPad or you are thinking of going paperless check it out. I'm really happy with it, I use it with a program called Noteshelf 2.

    Click here to purchase your digital journal. HadIt.com receives a commission on each purchase.

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    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 ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    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

  • fundraising.jpegGive a financial gift to help with the upkeep of HadIt.com. HadIt.com is NOT a non profit. Gifts are not tax deductible, they are just gifts. 

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • Our picks

    • So, my lawyer sent an IME w/ IMO and filed a supplemental claim solely for IU on March 20.

      It was closed on March 25, and va.gov just states claim closed and nothing more.

      Hopefully, I get good news.
    • Thanks for the responses. I am filing a new claim but will continue pushing the NOD. My new question is it stated in law or statute that if during the claims process the VA finds conditions that could possibly rate service connection that was not originally filed for, the VA will “invite” the veteran to file the claim on the claims form. Reason I ask is that my private DBQs, NEXUS letter, and even the VA nurse examiner's DBQs lists bilateral upper radiculopathy as present. If it is written in statute or official guidance it might qualify as a CUE. Just looking at all angles. 
    • Everyone needs to read our stories so they can try to avoid these screws by the va...
      Thank you, everyone contributes, good or bad, all of our stories will help others, and yes, they have been stated by others for ages, over and over, but we just get depressed, and the time turns into years as they screw us..

      Welcome to the department of Veterans Affairs!  I can honestly say, "been there, done that".  

      Even after winning my tdiu in 2017, it was back to the drawing board as VA hornswaggeld my effective date.  (but of course).  

      I finally won my tdiu effective date in Feb. 2020, 18 years after I first applied!!!  

      Here is how they managed to drag mine out 18 years:

      1.  They never adjuticated my decison until 2009, where they called it "moot".  

      2.  I appealed, said it was not moot because it could result in an earlier effective date and SMC S under Bradley vs Peake.  The judge agreed with me, and ordered VARO consider me for extra schedular TDIU, under 4.16 b.  

      3.  The VARO piddles with  the remand for 3 years, and hoped I wouldnt notice.  I noticed and raised cane until they adjuticated it.  (denied of course).  

      4.  Finally, after the baord denied again, I hired a lawyer, in 2014, and appealed to CAVC.   

      5.  The lawyer won a remand, got an IMO and I won tdiu in 2017.  But at the wrong effective date, even after 15 years.  

      6.  I hired another lawyer, Chris Attig, and appealed the effective date, and he won a remand for effective date.  Trip 2 to CAVC.  

      7.  Mr. Attig won a remand, and advised me to get another IMO.  

      8.  The board awarded my earlier effective date in Feb. 2020.  

           So, I do have advice fighting VA for TDIU, they fought and fought and I hung in there and won it all.  

      ADVICE:  Dont count on VA, they could easily throw your fax in the trash.  Follow up!  
    • "Keep in mind that due to the nature of the digestive system, VA would most likely combined your conditions and pay you at the higher rate to avoid pyramiding".    That is one of my main gripes.  They are only listing the GERD with hiatal hernia and ignoring the rest of my gastric issues such as the gastritis which I also had in service.  I included it in my 2007 request for increase and again in 2019.  The info from the civilian dr that stated I had the gastritis with H pylori was not even provided to the examiner in 2007, nor did he have my VA health records. The 2019 request was based on an EGD I had AT THE VA in Jan 2019.   I filed for an increase 6 Mar and they did an ACE on 27 Mar and downgraded to noncompensable on that date.  The only reason I was thinking CUE:  38 CFR § 3.326 - Under Examinations  it states (c) Provided that it is otherwise adequate for rating purposes, a statement from a private physician may be accepted for rating a claim without further examination".  
    • Enough has been said on this topic. This forum is not the proper forum for an attorney and former client to hash out their problems. Please take this offline
  • Advertisemnt

  • 0
Sign in to follow this  
finajones

MST C&P exam contradictory

Question

I recently had my c&p for mst ptsd.  The c&p examiner diagnosed me with ptsd.  The stressor was MST.  Her opinion on the DQB form was MST.  

However, she wrote that she couldn't say without speculation if my stressor contributed to my diagnosis.  The rater sent the exam back to her for clarification saying that she said on the DBQ that attributed my ptsd diagnosis with the MST but her written opinion said something different.  She responded and stated the same thing that she couldn't say without speculating that the stressor caused the ptsd.   

What do I make of this?  

 1. Diagnostic Summary  

   Does the Veteran have a diagnosis of PTSD that conforms to DSM-5 criteria    based on today's evaluation?    [X] Yes   [ ] No           ICD code:  F43.10        

  2. Current Diagnoses      a. Mental Disorder Diagnosis #1: PTSD           ICD code: F43.10
    b. Medical diagnoses relevant to the understanding or management of the       mental health disorder (to include TBI): none identified
    3. 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   [ ] No   [X] Not shown in records reviewed        

  4. 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
    b. For the indicated occupational and social impairment, is it possible to       differentiate which impairment is caused by each mental disorder?       [ ] Yes   [ ] No   [X] Not Applicable (N/A)           c. If a diagnosis of TBI exists, is it possible to differentiate which       occupational and social impairment indicated above is caused by the TBI?       [ ] Yes   [ ] No   [X] Not Applicable (N/A) 

              SECTION II:        

Clinical Findings:  

1. Evidence Review    Evidence reviewed (check all that apply):        [X] VA e-folder    [X] CPRS
 3. Stressors 

Describe one or more specific stressor event(s) the Veteran considers    traumatic (may be pre-military, military, or post-military):      

 a. Stressor #1: Veteran repors verbal harrassment at her unit from 2004-2006   and being sexually assaulted in 2006          
          Does this stressor meet Criterion A (i.e., is it adequate to support          the diagnosis of PTSD)?          [X] Yes  [ ] No            

       Is the stressor related to the Veteran's fear of hostile military or          terrorist activity?          [ ] Yes  [X] No                        If no, explain:                reported MST 

    Is the stressor related to personal assault, e.g. military sexual          trauma?          [X] Yes  [ ] No  

 If yes, please describe the markers that may substantiate the              stressor.                
 4. PTSD Diagnostic Criteria   

Note: Please check criteria used for establishing the current PTSD diagnosis.    Do NOT mark symptoms below that are clearly not attributable to the Criterion
 A stressor/PTSD.  Instead, overlapping symptoms clearly attributable to other    things should be noted under #7 - Other symptoms.  The diagnostic criteria    for PTSD, referred to as Criterion A-H, are from the Diagnostic and    Statistical Manual of Mental Disorders, 5th edition (DSM-5). 

Criterion (A) Exposure to actual or threatened a) death, b) serious injury,    c) sexual violence, in one or more of the following ways:  

                                    [X] Directly experiencing the traumatic event(s)

Criterion (B) Presence of (one or more) of the following intrusion symptoms  associated with the traumatic event(s), beginning after the  traumatic event(s) occurred:                                       [X] Recurrent, involuntary, and intrusive distressing memories of the traumatic event(s).                   [X] Recurrent distressing dreams in which the content and/or affect of the dream are related to the traumatic event(s).    [X] Intense or prolonged psychological distress at exposure to  internal or external cues that symbolize or resemble an   aspect of the traumatic event(s).

 Criterion (C) Persistent avoidance of stimuli associated with the traumatic event(s), beginning after the traumatic events(s) occurred,  as evidenced by one or both of the following:                         [X] Avoidance of or efforts to avoid external reminders  (people, places, conversations, activities, objects,  situations) that arouse distressing memories, thoughts, or                       feelings about or closely associated with the traumatic  event(s).
Criterion (D) Negative alterations in cognitions and mood associated with  the traumatic event(s), beginning or worsening after the traumatic event(s) occurred, as evidenced by two (or more) of  the following:

[X] Persistent, distorted cognitions about the cause or   consequences of the traumatic event(s) that lead the  individual to blame himself/herself or others.   [X] Markedly diminished interest or participation in  significant activities.   [X] Feelings of detachment or estrangement from others.

Criterion (E) Marked alterations in arousal and reactivity associated with  the traumatic event(s), beginning or worsening after the  traumatic event(s) occurred, as evidenced by two (or more) of  the following:   [X] Irritable behavior and angry outbursts (with little or no provocation) typically expressed as verbal or physical aggression toward people or objects. [X] Hypervigilance.   [X] Sleep disturbance (e.g., difficulty falling or staying asleep or restless sleep).

Criterion (F)                          [X] Duration of the disturbance (Criteria B, C, D, and E) is  more than 1 month.
Criterion (G)                          [X] The disturbance causes clinically significant distress or impairment in social, occupational, or other important  areas of functioning. Criterion (H)      

[X] The disturbance is not attributable to the physiological                       effects of a substance (e.g., medication, alcohol) or                       another medical condition.
Criterion (I)  Which stressor(s) contributed to the Veteran's PTSD  diagnosis?:    [X] Stressor #1
5. Symptoms    ----------    For VA rating purposes, check all symptoms that actively apply to the 

 [X] Depressed mood       [X] Anxiety       [X] Suspiciousness       [X] Panic attacks that occur weekly or less often       [X] Chronic sleep impairment       [X] Disturbances of motivation and mood       [X] Difficulty in establishing and maintaining effective work and social           relationships

 The following contentions need to be examined:       post traumatic stress disorder (PTSD) personal trauma - mental disorders        (related to: PTSD - personal trauma)
       DBQ PSYCH PTSD Initial:
       Please review the Veteran's electronic folder in VBMS and state that it       was        reviewed in your report.
       MEDICAL OPINION REQUEST
       TYPE OF MEDICAL OPINION REQUESTED: Military Sexual Trauma (MST)
       OPINION: Military Sexual Trauma (MST)
 

What the rater sent back to the examiner:

  Please return the exam to the examiner as on the exam she attributed the PTSD diagnosis to the Veterans MST and then in the separate opinion said     differently. Please have the examiner provide an opinion as to whether the     current PTSD diagnosis is at least as likely as not (50 percent or greater     probability) caused by or a result of the in-service MST-related marker(s),     and provide a rationale. Please note that only PTSD can be service connected based on circumstantial marker evidence    *****************************************************************************    *************

What the examiner wrote back:

Veteran's Service Treatment Records document the presence of events that VBA    has identifiend as potential markers for MST prior to the reported incident    as well as following the reported incident. Writer is unable to opine without    resorting to speculation if Veteran's diagnosis of PTSD is at least as likely    as not caused by or a result of the in-service MST-related marker.
    Determining if a MST stressor occurred is a legal issue not a clinical issue.    Writer is not qualified to opine if a specific marker is sufficient evidence    to support a claim of MST or if the absence of a marker is sufficient    evidence to dispute the claim of MST.
 

 

Share this post


Link to post
Share on other sites

Recommended Posts

  • 0

finajones I echo Pete's response; don't give up on this. You're going after a disability that, if you win, will result in a high total disability rating. In my opinion, the VA doubles their efforts to deny the higher up the ladder you go. If you have been reading here, you shouldn't be surprised. It's what they do. If you just received the formal paperwork on the denial, you might do well to consider BVA supplemental lane. Give it some thought; is there some additional evidence that you should add to make it stronger? Be objective; is your case strong enough right now to go with just what you have? This lane might take a little less time than the supplemental lane but you want to be sure if you are investing the time to appeal to BVA. Be good and attentive on your paperwork too; don't miss deadlines. You can do this.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Sign in to follow this  

  • Ads

  • Our picks

    • So, my lawyer sent an IME w/ IMO and filed a supplemental claim solely for IU on March 20.

      It was closed on March 25, and va.gov just states claim closed and nothing more.

      Hopefully, I get good news.
    • Thanks for the responses. I am filing a new claim but will continue pushing the NOD. My new question is it stated in law or statute that if during the claims process the VA finds conditions that could possibly rate service connection that was not originally filed for, the VA will “invite” the veteran to file the claim on the claims form. Reason I ask is that my private DBQs, NEXUS letter, and even the VA nurse examiner's DBQs lists bilateral upper radiculopathy as present. If it is written in statute or official guidance it might qualify as a CUE. Just looking at all angles. 
    • Everyone needs to read our stories so they can try to avoid these screws by the va...
      Thank you, everyone contributes, good or bad, all of our stories will help others, and yes, they have been stated by others for ages, over and over, but we just get depressed, and the time turns into years as they screw us..

      Welcome to the department of Veterans Affairs!  I can honestly say, "been there, done that".  

      Even after winning my tdiu in 2017, it was back to the drawing board as VA hornswaggeld my effective date.  (but of course).  

      I finally won my tdiu effective date in Feb. 2020, 18 years after I first applied!!!  

      Here is how they managed to drag mine out 18 years:

      1.  They never adjuticated my decison until 2009, where they called it "moot".  

      2.  I appealed, said it was not moot because it could result in an earlier effective date and SMC S under Bradley vs Peake.  The judge agreed with me, and ordered VARO consider me for extra schedular TDIU, under 4.16 b.  

      3.  The VARO piddles with  the remand for 3 years, and hoped I wouldnt notice.  I noticed and raised cane until they adjuticated it.  (denied of course).  

      4.  Finally, after the baord denied again, I hired a lawyer, in 2014, and appealed to CAVC.   

      5.  The lawyer won a remand, got an IMO and I won tdiu in 2017.  But at the wrong effective date, even after 15 years.  

      6.  I hired another lawyer, Chris Attig, and appealed the effective date, and he won a remand for effective date.  Trip 2 to CAVC.  

      7.  Mr. Attig won a remand, and advised me to get another IMO.  

      8.  The board awarded my earlier effective date in Feb. 2020.  

           So, I do have advice fighting VA for TDIU, they fought and fought and I hung in there and won it all.  

      ADVICE:  Dont count on VA, they could easily throw your fax in the trash.  Follow up!  
    • "Keep in mind that due to the nature of the digestive system, VA would most likely combined your conditions and pay you at the higher rate to avoid pyramiding".    That is one of my main gripes.  They are only listing the GERD with hiatal hernia and ignoring the rest of my gastric issues such as the gastritis which I also had in service.  I included it in my 2007 request for increase and again in 2019.  The info from the civilian dr that stated I had the gastritis with H pylori was not even provided to the examiner in 2007, nor did he have my VA health records. The 2019 request was based on an EGD I had AT THE VA in Jan 2019.   I filed for an increase 6 Mar and they did an ACE on 27 Mar and downgraded to noncompensable on that date.  The only reason I was thinking CUE:  38 CFR § 3.326 - Under Examinations  it states (c) Provided that it is otherwise adequate for rating purposes, a statement from a private physician may be accepted for rating a claim without further examination".  
    • Enough has been said on this topic. This forum is not the proper forum for an attorney and former client to hash out their problems. Please take this offline
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines