Rating a Mental Health claim

[Mover1993]

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? 

[Buck52]

Yes I agree it looks like a 70% rating too!! Mover1993

if you get a 50% or below rating  send in a NOD disagree with that rating  and send a copy in with your NOD that has the 70% criteria checked by the Examiner  but you need to wait for a decision and see what they do?

Note  : Theres not that much difference in the 70% vs 100% other than bad hygiene and not caring for yourself or well being.  

I got 70% for my combat PTSD Myself and the only thing that they checked that was different was.....> I had dressed causal and comb my freaking hair  so I had good Hygiene according to the examiner.

I never Appeal the decision because the examiner was correct on my hygiene.  so most your boxes was checked like mine was  but you still could get the 100%  if you went in the exam  dirty clothes &stinking and smelly and messy dirty hair/beard and have a body order   ect,,ect,,,

[Mover1993]

On 7/26/2019 at 6:18 PM, Buck52 said:

Yes I agree it looks like a 70% rating too!! Mover1993

if you get a 50% or below rating  send in a NOD disagree with that rating  and send a copy in with your NOD that has the 70% criteria checked by the Examiner  but you need to wait for a decision and see what they do?

Note  : Theres not that much difference in the 70% vs 100% other than bad hygiene and not caring for yourself or well being.  

I got 70% for my combat PTSD Myself and the only thing that they checked that was different was.....> I had dressed causal and comb my freaking hair  so I had good Hygiene according to the examiner.

I never Appeal the decision because the examiner was correct on my hygiene.  so most your boxes was checked like mine was  but you still could get the 100%  if you went in the exam  dirty clothes &stinking and smelly and messy dirty hair/beard and have a body order   ect,,ect,,,

Thanks for the reply, Buck. I sure hope you're right in your assessment of my rating!

[GeekySquid]

On 7/26/2019 at 8:40 AM, broncovet said:

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

and yet in my case and thousands of others the experience is different...maybe they just don't like you.

[GeekySquid]

On 7/26/2019 at 6:43 AM, Mover1993 said:

Along with checking symptoms that are in both the 70 and 50% categories as well as one symptom in the 30% category

The different examples in each percentage listed in the CFR and on the DBQ are just that, examples. There are many analogous conditions in the DSM and the CFR by statute wholly incorporates the current DSM, at all times the Current DSM.

When you see mentions of conditions from different Strata in an particular conditions definitions it does not mean that that strata or percentage is the one you will get. The raters will essentially glob them together and decide which strata your overall picture as laid out in the DBQ, notes and code sheet most accurately reflects you condition. Remember also that by law this is supposed to be a non-adversarial process and all benefit of the doubt goes to the veteran. So if you have a lot of things listed and most of them are at higher percentages you will get that higher percentage. If you just have tons and tons of lower percentage items you will get bumped up a strata or even two.

Every case is different as is every C&P Doctor and Every Rater....it is a crap shoot.

[broncovet]

Geeky squid..

You posted:

Quote

and yet in my case and thousands of others the experience is different...maybe they just don't like you.

 

Maybe.  But virtually 100 percent of the people who have lowballed or denied me, have never met me.  

If there is no such thing as a lowball or improper denial, then we should just close down the BVA, and the CAVC.   After all,"in your case and thousands of others the experience is different." 

[vetquest]

Broncovet, you are not the only vet to get constantly lowballed.  The VA has lowballed every claim I made with the exception of the neuropathy claim that the BVA remanded to them.  I guess they don't like me either.