Jump to content
VA Disability Community via Hadit.com

VA Disability Claims Articles

Ask Your VA Claims Question | Current Forum Posts Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users

  • hohomepage-banner-2024-2.png

  • 27-year-anniversary-leaderboard.png

    advice-disclaimer.jpg

  • donate-be-a-hero.png

  • 0

Rating a Mental Health claim

Rate this question


Mover1993

Question

Morning all,

I've read my c&p and apparently (according to you all) it is favorable. On box 3A my doctor checked "Occupational and Social impairment with reduced reliability and productivity". Along with checking symptoms that are in both the 70 and 50% categories as well as one symptom in the 30% category. My question is will the rater simply see which box is checked in 3A and give me a rating based on that? 

Link to comment
Share on other sites

Recommended Posts

  • 0
  • HadIt.com Elder

They are suppose to give you the highest rating that meets your symptoms criteria  ,f they checked box for 30% 50% &70%  then 70% being the highest for your symptom's  70%  is what you will be rated.

Link to comment
Share on other sites

  • 0
  • HadIt.com Elder

Mover1993 ''Quoted

''On box 3A my doctor checked "Occupational and Social impairment with reduced reliability and productivity". 

is this the C&P Examiner?

 

This is the 50% rating criteria  but if he/she check the 70% criteria  then this is what you should be expecting to be rated. (70%)

Link to comment
Share on other sites

  • 0
  • Moderator

The Chevron deference (aka the Auer defense), is a Supreme court case that basically says that VA and other agencies get to interpret their own regulations in most cases.  

So, the VA interprets Ab Brown's statement about "Veteran is assumed to be seeking the maximum benefit"   to mean: 

Quote

The Veteran is seeking the lowest benefit possible in order to save the VA money.  

In other words if you have symptoms in all of the criteria, expect Va to lowball you.  I have rarely seen otherwise.  

     In my own case, the VA assumed I was seeking a zero percent rating..and gave that to me...only after a lengthy appeal, of course!!!!

     This "interpretation", of course, meant I lost my home waiting on benefits.  This was in 2002.  Im hoping this will finally be straightened out in 2019..after 17 years of fighting with VA.  

 

Edited by broncovet
Link to comment
Share on other sites

  • 0
52 minutes ago, Buck52 said:

Mover1993 ''Quoted

''On box 3A my doctor checked "Occupational and Social impairment with reduced reliability and productivity". 

is this the C&P Examiner?

 

This is the 50% rating criteria  but if he/she check the 70% criteria  then this is what you should be expecting to be rated. (70%)

Yes I'm referring to my C&P Examiner. These are all the symptoms he checked as well:

X] Depressed mood

[X] Anxiety

[X] Panic attacks more than once a week
 [X] Chronic sleep impairment

 [X] Mild memory loss, such as forgetting names, directions or recent events

 [X] Impaired judgment

[X] Impaired abstract thinking

[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

[X] Suicidal ideation

2 minutes ago, broncovet said:

The Chevron deference (aka the Auer defense), is a Supreme court case that basically says that VA and other agencies get to interpret their own regulations in most cases.  

So, the VA interprets Ab Brown's statement about "Veteran is assumed to be seeking the maximum benefit"   to mean: 

In other words if you have symptoms in all of the criteria, expect Va to lowball you.  I have rarely seen otherwise.  

 

Okay thank you for letting me know. 

Link to comment
Share on other sites

  • 0
  • Moderator

Dont make the mistake I made, however.  I started calculating my percentages, neglecting to make sure I had all the Caluza elements documented.  

Dont forget about the Caluza elements.  (current diagnosis, in service event and nexus).  The VA wont forget them.  

Even tho I had all Caluza elements documented, the VA decided to shred some of the evidence which confirmed at least one of the Caluza elements, so they denied me.  

So, I learned another hard lesson at 
Veteran's Hard Knock University:

Quote

Dont assume VA has all your records.  Get a copy of your cfile and read it yourself.  

 

Link to comment
Share on other sites

  • 0

On my last DBQ, he checked the %70 box but ended up with %100.

So there’s hope after all, mainly the rater should( loose terms) go over all supported evidence and medical records.

looks like %70 to me but, I’ve seen vets get low balled also.

Link to comment
Share on other sites

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 account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use