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Thinking Of Filing A Claim For A Second Mental Condition

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betrayed

Question

Currently I am rated at 30% for Depression secondary to serious pain syndrome.

The following is what I wrote for appeal to my 30% rating, read it and you will see a 30% rating is lowballed in my case. Then I will show you what happened when I filled for PTSD another mental condition and how it has helped me.

MAJOR DEPRESIVE DISORDER

I suffer from Major Depression, I started treatment at the Ann Arbor VAMC on July 26th 2005 at which time XXXXXXXX Social Work Intern and XXXXXXXX MHC/HIOT Social Worker assigned a GAF Score of 35.

On September 22nd 2005 XXXXXXXX (Ann Arbor VAMC) diagnosed Major Depression and prescribed Effexor and Trazodone, and recommended psychotherapy.

On January 25th 2006 I had a C&P Physical at the Ann Arbor VAMV by XXXXXXXX M.D.

Dr XXXXXXXX diagnosed Major Depressive disorder secondary to pain syndrome with a GAF score of 40-45.

XXXXXXXX became my TRICARE Primary Care Manager in March 2006.

On March 14th, 2006 after waiting 6 months for the VAMC to contact me for psychotherapy (as recommended by Dr XXXXXXXX M.D. on 9/22/05) and fearing my depression was worsening I asked my NON VA Primary care manager (Dr XXXXXXXX ) for a mental health referral so I could receive psychotherapy.

On March 30th2006 I was seen by XXXXXXXX MSW LMSW at the OAKLAND PSYCHOLOGICAL CLINIC. XXXXXXXX completed a Comprehensive Assessment and diagnosed Major Depressive Disorder, Recurrent, Severe Without Psychotic Features 296.33. and generalized anxiety disorder 300.02 SEE ENCLOSURE ( ).

On APR 4, 2006 I was seen by XXXXXXXX . at the OAKLAND PSYCHOLOGICAL CLINIC. XXXXXXXX completed a Psychiatric Assessment and diagnosed Major Depressive Disorder, Recurrent, Severe Without Psychotic Features 296.33, Opioid Dependence 304.00 and indicated a GAF score of 45. SEE ENCLOSURE ( ).

I was not able to afford the weekly TRICARE co-pays, and subsequently unable to continue treatment at OAKLAND PSYCHOLOGICAL CLINIC.

On June 13th 2006 nine months after being recommended by Dr XXXXXXXX , I started psychotherapy with Dr XXXXXXXX at the Ann Arbor VAMC.

On July 11th 2006 XXXXXXXX administered a BDI2. In his progress notes Dr XXXXXXXX stated “scored in severe range of depression on BDI2 (29)”. I am continuing psychotherapy with XXXXXXXX .

On August 31st 2006 XXXXXXXX prescribed 20 mg of Citalopram Hydrobromide (Celexa) and continued my prescription for Trazodone.

I have been given GAF Scores from a low of 35 to a high of 45 by mental health professionals.

In accordance with DSM-IV: GAF scores from 41-50 indicate “ serious symptoms ( e.g., suicidal ideation, severe obsess ional rituals, frequent shoplifting) OR any serious impairment in social, occupational or school functioning ( e.g., no friends, unable to keep a job).” GAF scores from 31-40 indicate “Some impairment in reality testing communication (e.g., speech is at times illogical, obscure, or irrelevant) or major impairment in several areas, such as work or school, family relations, judgment, thinking or mood (e.g., depressed man avoids friends, neglects family, and is unable to work, child frequently beats up younger children, is defiant at home, and is failing at school).”

My Beck Depression Inventory score indicates I suffer from severe depression.

I do not believe my current rating of 30% for Depression is commensurate with the severity of my depression and pain I suffer. I believe my diagnosis, my symptoms, my GAF scores, and my Beck Depression Inventory score substantiate a much higher rating than 30%. You would be remiss not to consider the synergistic effect of the depression and chronic pain.

“CFR Title 38 § 4.126 Evaluation of disability from mental disorders. The rating agency shall assign an evaluation based on all the evidence of record that bears on occupational and social impairment rather than solely on the examiner's assessment of the level of disability at the moment of the examination. When evaluating the level of disability from a mental disorder, the rating agency will consider the extent of social impairment, but shall not assign an evaluation solely on the basis of social impairment.”

Under Major depressive Disorder the Diagnostic and Statistical Manual of Mental Disorders (DSM-IV) states “Severity is judged to be mild, moderate, or severe based on the number of criteria symptoms, the severity of the symptoms, and the degree of functional disability and distress.” “Episodes that are Severe without Psychotic Features are characterized by the presence of most of the criteria symptoms and clear-cut, observable disability (e.g., inability to work or care for children).”

Under the criteria for Severity for current (or most recent) Major Depressive Episode the Diagnostic and Statistical Manual of Mental Disorders (DSM-IV) states “.x3-Severe Without Psychotic Features: Several Symptoms in excess of those required to make the diagnosis, and symptoms markedly interfere with occupational functioning or with usual social activities or relationships with others.”

The evidence of record clearly demonstrates I suffer from severe depression and chronic pain. On 3/11/05 Dr XXXXXXXX noted in his records (previously submitted to the VA) that I was suffering from work related anxiety and prescribed Klonopin. Two months later I was fired from that job.

In the past few years my health has deteriorated and my physical and mental pain has increased to the point that it has caused severe depression. In May of this year I was diagnosed with Coronary Artery Disease and in June I underwent heart catherization with stent placement, which caused my depression to worsen to a level that has destroyed my emotional functioning on a daily basis.

Due to chronic pain, sadness, hopelessness, frustration, unprovoked irritability and anxiety on a daily basis I have been transformed from a professional with the occupational abilities to manage departments of more than two hundred personnel to a person who has problems managing a household. In the last two years I have been fired from two jobs one of which (Brighton Harley Davidson) was a dream come true. After my Heart Disease diagnosis I was unable to cope with the stress of delivering pizzas 12 hours a week and quit. My memory is pretty much non existent, during my time as a pizza delivery person I would often forget where I was going or I would become confused to where I was, and this is in my hometown where I grew up. Often times in the middle of a conversation I will forget what I am talking about or what I was going to say, this has caused major embarrassment and frustration on more times than I can count.

My mood on a daily basis is hopelessness. I have suicidal ideations, which are documented within the evidence of record (VAMC records and those records from OAKLAND PSYCHOLOGICAL CLINIC). I suffer from sleep problems, significant worry, panic attacks and anxiety. I have been treated for anxiety by Dr XXXXXXXX with Klonopin, Dr XXXXXXXX with Oxazepam, and Dr XXXXXXXX with Xanax ER. The only one that seems to control my anxiety is the Xanax ER, unfortunately it makes me into a zombie.

I have no friends; I don’t socialize with anyone except my spouse and her daughter. My relationship with my only child has become estranged and consists of a monthly email. My ever-changing moods have put a stress on the relationship with my spouse, although she understands that I am ill, it is very frustrating to her. I no longer ride motorcycles, go fishing or hunting, the loss of strength and coordination in my hands prevent me from wood carving, I no longer have the desire to do anything.

The following are excerpts from a Statement in Support of Claim completed by my spouse on July 17th, 2006 and provided to the VA on July 18th 2006.

“His depression is scary, I have seen my husband loose his temper and fly into a fit of rage, and then three seconds later breakdown in a uncontrollable crying episode. His moods are ever changing. He and I have talked about suicide. This conversation was when we were just friends. He told me that the chronic pain is a terrible thing to live with and sometimes he just doesn’t want to deal with it any more. I was brought up catholic so I don’t believe in suicide. But I know my husband feels different. He has told me repeatedly if it wasn’t for me he would of killed himself by now. I completely understand what my husband is going through, but I do worry a great deal about his frame of mind. I also know he has nightmares, I know he has seen some death and doesn’t like to talk about it, but I know it sometimes bothers him when he remembers certain things. I believe all of the stress and stuff is the reason my husband lost the jobs he had since retiring from active duty. I personally know that he told both of his bosses off, and was fired for it. He says he can’t stand incompetent people, and isn’t going to take crap from incompetent people. His memory is pretty much non-existent, he will forget something in three seconds, or in a middle of a conversation forget what he was talking about.”

“My husband has become a recluse. He does not socialize with anyone except my daughter and myself. He rarely talks to his siblings or his son. He rarely leaves the house. He is obsessed with locking everything up. The doors, the garage, the vehicles, everything and anything he can lock up he does. He carries his keys on his belt like a janitor. He says its cause he was a cop and all the stuff he saw people loose. He doesn’t trust anyone, and he thinks most people are crooks or dirt bags as he calls them.”

"I filled a claim for PTSD against the advice of my DAV VSO, he said you would never win. I recently had my C&P Exam and the doctor stated in her report

" The prognosis for improvement is deemed poor in light of the veterans deteriorating Health. His Capacity for employment is felt to be poor in light of his overall impaired functional and emotional status."

Had I never filled for PTSD I would have never got a statement like that, which is one powerful statement on a C&P Exam.

So my point is what have you got to loose by filling for a second mental disability? I gained a hell of allot IMO :lol:

Betrayed

540% SC Schedular P&T

LOWER YOUR EXPECTATIONS AND THE VA WILL MEET THEM !!!

WEBMASTER BETRAYEDVETERAN.COM

-----------------------------------------------------------------------------------------------------------------------

You hit the street, you feel them staring you know they hate you you can feel their eyes a glarin'

Because you're different, because you're free, because you're everything deep down they wish they could be.

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Jim-I think it would be easier to attempt to get a higher rating for the depression that is already sced- based on what medical evidence you have-

than to try for a PTSD diagnosis-

PTSD is an anxiety disorder - depression is something else-as you know and both can have symptoms of the other-

I just think once the VA gives a vet a diagnosis that the vet is able to get service connected they might want to stick with that diagnosis and see if their treatment records etc support a higher rating or TDIU claim for what the VA has already diagnosed them with.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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  • HadIt.com Elder

filing is not the problem the question is if you have the stressors to back up your claim for PTSD, as you noted in your statements your condition worsened as a result of your coronary problems and the stent, not from your stressor related problems, so you are getting into the area where your motives are going to be brought into question...Just my opinion

100% SC P&T PTSD 100% CAD 10% Hypertension and A&A = SMC L, SSD
a disabled American veteran certified lol
"A journey of a thousand miles must begin with a single step."

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filing is not the problem the question is if you have the stressors to back up your claim for PTSD, as you noted in your statements your condition worsened as a result of your coronary problems and the stent, not from your stressor related problems, so you are getting into the area where your motives are going to be brought into question...Just my opinion

My motives are simply to get every illness or condition service connected nothing more nothing less, am I not entitled to this under the law

§ 4.23 Attitude of rating officers.

top

It is to be remembered that the majority of applicants are disabled persons who are seeking benefits of law to which they believe themselves entitled. In the exercise of his or her functions, rating officers must not allow their personal feelings to intrude; an antagonistic, critical, or even abusive attitude on the part of a claimant should not in any instance influence the officers in the handling of the case. Fairness and courtesy must at all times be shown to applicants by all employees whose duties bring them in contact, directly or indirectly, with the Department's claimants.

Betrayed

540% SC Schedular P&T

LOWER YOUR EXPECTATIONS AND THE VA WILL MEET THEM !!!

WEBMASTER BETRAYEDVETERAN.COM

-----------------------------------------------------------------------------------------------------------------------

You hit the street, you feel them staring you know they hate you you can feel their eyes a glarin'

Because you're different, because you're free, because you're everything deep down they wish they could be.

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  • HadIt.com Elder

yes, you are entitled, like I said as long as you have the verifiable stressors have at it, PTSD is the only thing I am SC for and I was told I would never be SC for it by a SO 4 years ago, but I had the copies of the court martial records of 4 of the men who tried to kill me when they robbed me in Alaska. But I am only replying to what you stated below

Edited by Testvet

100% SC P&T PTSD 100% CAD 10% Hypertension and A&A = SMC L, SSD
a disabled American veteran certified lol
"A journey of a thousand miles must begin with a single step."

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I believe it is a waste of time, unless you feel the PTSD would be evaluated with a higher rating than the mental disorder you already have. I just received my rating decision last Tues and they stated in it that both mental disorders and neurological deficits are combined because you can only have one mental disorder and neurological deficits, and when combined the highest evaluation is the one used and the one mental/neurological with the highest is the dominate disability.

I had cognitive disorder, Post traumatic encephalopathy, depression, Post concussion residuals, and PTSD. They combined the PTSD and explained that I had two mental conditions, therefore they must be comined into one rating. Thus my highest rating was 50% for PTSD.

If you have 50% already for one mental disorder for Major Depression, they will not give you a separate rating for PTSD even if it warranted 50%. You would stay at 50% compensation and they would just add your conditions so it would now state Major Depression with PTSD - 50%.

Apparantly mental disorders are pyramiding, because a lot of the symptoms for mental disorders overlap.

If you are thinking you will get a separate rating for PTSD in addition to the already service connected Major Depression......forget it or GOOD LUCK. See below:

Sec. 4.126 Evaluation of disability from mental disorders.

(a) When evaluating a mental disorder, the rating agency shall

consider the frequency, severity, and duration of psychiatric symptoms,

the length of remissions, and the veteran's capacity for adjustment

during periods of remission. The rating agency shall assign an

evaluation based on all the evidence of record that bears on

occupational and social impairment rather than solely on the examiner's

assessment of the level of disability at the moment of the examination.

(:lol: When evaluating the level of disability from a mental disorder,

the rating agency will consider the extent of social impairment, but

shall not assign an evaluation solely on the basis of social impairment.

(c) Delirium, dementia, and amnestic and other cognitive disorders

shall be evaluated under the general rating formula for mental

disorders; neurologic deficits or other impairments stemming from the

same etiology (e.g., a head injury) shall be evaluated separately and

combined with the evaluation for delirium, dementia, or amnestic or

other cognitive disorder (see Sec. 4.25). (d) When a single disability has been diagnosed both as a physical

condition and as a mental disorder, the rating agency shall evaluate it

using a diagnostic code which represents the dominant (more disabling)

aspect of the condition (see Sec. 4.14).

(Authority: 38 U.S.C. 1155)

[61 FR 52700, Oct. 8, 1996]

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If you are thinking you will get a separate rating for PTSD in addition to the already service connected Major Depression......forget it or GOOD LUCK.

I understand how it works,

the fact of the matter is I get 30% for MDD,

my PTSD C&P states " The prognosis for improvement is deemed poor in light of the veterans deteriorating Health. His Capacity for employment is felt to be poor in light of his overall impaired functional and emotional status."

Dont you think that will get me more than 30%?

Betrayed

540% SC Schedular P&T

LOWER YOUR EXPECTATIONS AND THE VA WILL MEET THEM !!!

WEBMASTER BETRAYEDVETERAN.COM

-----------------------------------------------------------------------------------------------------------------------

You hit the street, you feel them staring you know they hate you you can feel their eyes a glarin'

Because you're different, because you're free, because you're everything deep down they wish they could be.

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