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C&P Anxiety notes. thoughts?

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Dabimmerman

Question

Hey everyone,   I just got my C&P notes back from my anxiety exam.   I am not sure from what it says, but I think it looks to be favorable?    

Any ideas of a possible rating %?


                                  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: F32.9
      
      If the Veteran currently has one or more mental disorders that conform to
      DSM-5 criteria, provide all diagnoses:
      
      Mental Disorder Diagnosis #1: Major Depressivve Disorder
      ICD code: F32.9


   b. Medical diagnoses relevant to the understanding or management of the
      Mental Health Disorder (to include TBI): Lumbar strain   ICD: S39.012
      

   2. Differentiation of symptoms
   ------------------------------
   a. Does the Veteran have more than one mental disorder diagnosed?
      [] Yes  [X] No
      
   b. Is it possible to differentiate what symptom(s) is/are attributable to
      each diagnosis?
      [] Yes  [ ] No  [X ] Not applicable (N/A)
      
            
   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

      
                                  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):
      
        He used to play sports, now he can't.   He cant play legos with his kids
or board games.   "I've lost a lot of my friends, I'm isolated more
        
   b. Relevant Occupational and Educational history (pre-military, military, 
and
      post-military):
      
        He injured his back during military service during routine exerice during drill.

Currently employed full-time, but "I have no interest in my job"   "My back always job, I have alot
of anxiety, and I'm not doing the right thing.
        
   c. Relevant Mental Health history, to include prescribed medications and
      family mental health (pre-military, military, and post-military):

Sleep, I'm up all night, back pain persists.   Gets 2-5 hours of sleep a night.

He still is depressed
No appetite, goes days without eating.
A major part of my life has changed..it sucks.      
       
   3. Symptoms
   -----------
   For VA rating purposes, check all symptoms that actively apply to the
   Veteran's diagnoses:
   
      [X] Depressed mood
      [X] Anxiety
      [] Suspiciousness
      [] Panic attacks more than once a week
      [X] Chronic sleep impairment
      [X] Disturbances of motivation and mood
      [X] Suicidal ideation 
      [X] Neglect of personal appearance and hygiene

   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: 
   He does appear to be in pain, depression.
   He does describe major depression episodes.   He has had suicidal ideation.
   It is at least as likely as not the veterans Major Depressive Disorder w/ anxious distress is due to service connection.

 
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Dabimmerman, that c&p exam looks extremely promising. I don't want to overstate the rating % but if you look up the rating criteria for MDD (or any VA mental health rating), the statement the examiner selected " occupational and social impairment with deficiencies in most areas such as work, school, family relations, ....etc", that is an 70% rating. It's possible that it could be higher, but if would say definitely 70% at the minimum.

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Thanks flores97!   

The exam only lasted about 20 minutes, he asked me a few questions and basically typed the entire time.   I guess he got what he needed from our conversation.   Some of these guys have done this so long, they just know what to look for and then fill-out the DBQ.

I am hoping to get the 70% or dare a say it, 100%.   I am currently at 70%, but you know the drill, its so dang hard to get 100%.    Ultimate goal though, as it should be any and all veterans that have served our country.

 

 

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9 hours ago, Dabimmerman said:

I am hoping to get the 70% or dare a say it, 100%.   I am currently at 70%, but you know the drill, its so dang hard to get 100%. 

 I have to ask about this statement.

Do you currently have a 70% rating for some other condition?

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4 hours ago, Dabimmerman said:

do, do you have any thoughts on my C&P

i should have been more explicit and asked you to post those other ratings and conditions.

However based on just a line by line reading of what you posted, you seem to have a lumbar condition. Assuming that is your 70% or the stuff associated to that condition, being rated for depression would likely be as a secondary to your back problems.

You also don't say if your rating(s) are P&T, are they?

On 10/26/2018 at 7:14 PM, Dabimmerman said:

 It is at least as likely as not the veterans Major Depressive Disorder w/ anxious distress is due to service connection.

This line from the C&P connects the MDD to your service connection conditions, that means it will likely be rated.

Mental health ratings only come in a few percentages, 0, 10, 30, 50, 70 and 100.

MDD is probably not gonna be a 0 or a 10, 30 would likely be a low-ball, 50 or 70 is a good bet. 100 might be a stretch but that is dependent on your entire file, documentation and other information they may have that is not shown here.

Doing the VA math.

If your current Combined Rating is 70%

A 30% rating adds up to 79%  which rounds up to 80% for payment purposes

A 50% rating adds up to 85% which rounds up to 90% for payment purposes

A 70% rating adds up to 91% which rounds down to 90% for payment purposes.

a 100% is of course 100% no matter how you slice it, but in your case might trigger SMC consideration for House Bound or possibly even A&A.

Your current 70% allows you to be consider for IU. If you don't become 100% schedular but do get a rating, it might be to your benefit to file for IU. 

Just remember that getting an IU rating means that over and above getting paid at 100% ($2,9xx.xx per month for a single person, basically $35 K a year)  you would ONLY be allowed to earn additional income (from work) of approx $12k a year, which is the current poverty level for a single person. This might be what you need, that is for you and your doctors to decide. However if you are rated at 100% schedular there is no limit on the amount of income you can earn over and above your compensation.

If you have ED, and have not filed for it, do so. It would be an SMC-K award and it is like $106.00 a month more for "loss of a creative organ", which bumps you to $36K annual in tax free compensation at 100% schedular or TDIU.

Without any further information I would believe you are in good shape to get a rating increase with MDD service connected as secondary to your Lumbar issues.

 

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Thanks for the response GS!

To answer some of your questions, Yes, I am 70% for my back and 10% for foot, but its 70% total.      I wouldn't do the IU, as I do have a current job that pays more, but am looking to hopefully get the 100% schedular.

Question, for the ED, I would have to first be rated on the MDD, correct?

I am kinda late to the game, so just figuring out this VA disability stuff.    I have a c&p for my hip coming up in a few weeks.

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