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McRay

New Claim or More Evidence for Appeal?

Question

I won an appeal for PTSD, unspecified mental disorder and depressive disorder last Oct and was rated at 50%.  My atty filed a NOD for Increased Rating, Mood Disorder.  I recently completed a psych evaluation and the tests and psychologist gave a "diagnostic impression" of Bipolar I, by history -- Cyclothymic Disorder currently -- Narcissistic personality disorder. My question is if I should file another claim for the Bipolar stuff, or is it just additional evidence for the NOD? I sent a copy of the Evaluation to my case manager but haven't heard back yet so thought I'd ask you folk.

This was in the report too. I disagree with it. I had read about this before and was aware of it. I did drowse off a little and had to go back and redo about 30 questions (finger on the 2 key). That was also noted in the report.

Quote

(HE) showed good comprehension of the test items and answered them in a consistent manner. Overall, most measures of over reporting were negative, and no underreporting was noted. He did show elevations on Fp?r of 85 which may indicate possible overreporting of somatic or cognitive symptoms.

Thanks!

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Please do not allow them to claim you have bi-polar and narcissistic personality traits.  I would get an IMO from a private psychiatric doctor.  The bi-polar would open you up to some serious medication and the narcissistic personality traits are unratable since they are a personality disorder.  The VA claimed I was somatic, narcistic, obsessive compulsive, borderline personality, and several others before they rated me as PTSD.  This is a sad fact of VA mental health medicine sometimes.  They just throw things up against the wall and see what sticks.  

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When you have an attorney, its difficult for us to say, "Oh, your attorney should have .........." , when we have not so much as even seen your file.  

My advice is to follow your attorney's advice.  

All mental health disorders are rated under the same schedule..PTSD, depression, bipolar, etc.  etc.  

Once service connected, you are rated on symptoms.  Apparently, your attorney feels your symptoms of mental health disorder(s) deserve higher than 50%.

I will show the schedule, and you know your symptoms better than I do:

Note, it sounds like several of the disorders you mentioned are on this list:

Quote
§ 4.130 Schedule of ratings - Mental disorders.

The nomenclature employed in this portion of the rating schedule is based upon the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM-5) (see § 4.125 for availability information). Rating agencies must be thoroughly familiar with this manual to properly implement the directives in § 4.125 through § 4.129 and to apply the general rating formula for mental disorders in § 4.130. The schedule for rating for mental disorders is set forth as follows:

9201 Schizophrenia
9202 [Removed]
9203 [Removed]
9204 [Removed]
9205 [Removed]
9208 Delusional disorder
9210 Other specified and unspecified schizophrenia spectrum and other psychotic disorders
9211 Schizoaffective disorder
9300 Delirium
9301 Major or mild neurocognitive disorder due to HIV or other infections
9304 Major or mild neurocognitive disorder due to traumatic brain injury
9305 Major or mild vascular neurocognitive disorder
9310 Unspecified neurocognitive disorder
9312 Major or mild neurocognitive disorder due to Alzheimer's disease
9326 Major or mild neurocognitive disorder due to another medical condition or substance/medication-induced major or mild neurocognitive disorder
9327 [Removed]
9400 Generalized anxiety disorder
9403 Specific phobia; social anxiety disorder (social phobia)
9404 Obsessive compulsive disorder
9410 Other specified anxiety disorder
9411 Posttraumatic stress disorder
9412 Panic disorder and/or agoraphobia
9413 Unspecified anxiety disorder
9416 Dissociative amnesia; dissociative identity disorder
9417 Depersonalization/Derealization disorder
9421 Somatic symptom disorder
9422 Other specified somatic symptom and related disorder
9423 Unspecified somatic symptom and related disorder
9424 Conversion disorder (functional neurological symptom disorder)
9425 Illness anxiety disorder
9431 Cyclothymic disorder
9432 Bipolar disorder
9433 Persistent depressive disorder (dysthymia)
9434 Major depressive disorder
9435 Unspecified depressive disorder
9440 Chronic adjustment disorder

General Rating Formula for Mental Disorders

  Rating
Total occupational and social impairment, due to such symptoms as: gross impairment in thought processes or communication; persistent delusions or hallucinations; grossly inappropriate behavior; persistent danger of hurting self or others; intermittent inability to perform activities of daily living (including maintenance of minimal personal hygiene); disorientation to time or place; memory loss for names of close relatives, own occupation, or own name. 100
Occupational and social impairment, with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood, due to such symptoms as: 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. 70
Occupational and social impairment with reduced reliability and productivity due to such symptoms as: flattened affect; circumstantial, circumlocutory, or stereotyped speech; panic attacks more than once a week; difficulty in understanding complex commands; impairment of short- and long-term memory (e.g., retention of only highly learned material, forgetting to complete tasks); impaired judgment; impaired abstract thinking; disturbances of motivation and mood; difficulty in establishing and maintaining effective work and social relationships. 50
Occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks (although generally functioning satisfactorily, with routine behavior, self-care, and conversation normal), due to such symptoms as: depressed mood, anxiety, suspiciousness, panic attacks (weekly or less often), chronic sleep impairment, mild memory loss (such as forgetting names, directions, recent events). 30
Occupational and social impairment due to mild or transient symptoms which decrease work efficiency and ability to perform occupational tasks only during periods of significant stress, or symptoms controlled by continuous medication. 10
A mental condition has been formally diagnosed, but symptoms are not severe enough either to interfere with occupational and social functioning or to require continuous medication. 0
 

 

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Thanks for the replies. It keeps getting more complicated as time goes by.. I will get in touch with the atty next week and try to get some feedback. I'm ok with most of the dx but am having some trouble with the narcissistic dx. Vetquest, I agree they just throw sh*t against the wall to see what will stick. Broncovet, I'm not saying the atty should have done anything different, he's supposedly one of the best in M/H cases. I am a little rattled by the dx and wanted to post here and see what you guys -- who've been further down this road than me -- have to say. Thanks again.

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I did not note that you had an attorney, my bad there.  Broncovet is right about not second guessing someone's legal attorney.  

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