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Thinking Of Filing A Claim For A Second Mental Condition

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betrayed

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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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Remember for PTSD, the diagnosis part is just a part of it. Without a credible in-service stressor to go along with a diagnosis they do not award PTSD. That said, if you have the credible in-service stressor along with your diagnosis of PTSD, I wouldn't think they would deny it. Remember also it is evaluated based on the severity of social and industrial impairment.

I would speculate that since you already have 30% MDD and if the PTSD is determined for example 50%, Your MDD would be increased to 50% for MDD with PTSD. I think the higher of the two evaluations comes into play here.

Does that answer your question?

"The evaluation assigned for a service-connected disability is

established by comparing the manifestations indicated in the

recent medical reports with the criteria in the VA's Schedule for

Rating Disabilities. 38 C.F.R. Part 4 (1993).

When there is a

question as to which of two evaluations should be applied, the

higher evaluation will be assigned if the disability picture more

nearly approximates the criteria required for that rating.

Otherwise, the lower rating will be assigned. 38 C.F.R.

§ 4.7 (1993)."

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Remember for PTSD, the diagnosis part is just a part of it. Without a credible in-service stressor to go along with a diagnosis they do not award PTSD. That said, if you have the credible in-service stressor along with your diagnosis of PTSD, I wouldn't think they would deny it. Remember also it is evaluated based on the severity of social and industrial impairment.

Rocky read the attachments then tell me what you think. the the severity of social and industrial impairment are addressed in Axis V.

Also M21-1MR, Part III, subpart iv, chapter 4, Section H States Important do not schedule a VA examination before receiving corroboration of the claimed stressor from JSRRC, NARA, or the Marine Corps.

So it seems to me my stressors have been verified :lol:

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Edited by FLHRCI

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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Also M21-1MR, Part III, subpart iv, chapter 4, Section H States Important do not schedule a VA examination before receiving corroboration of the claimed stressor from JSRRC, NARA, or the Marine Corps.

This is just the reg explaining what to do if there is no credible stressor provided to corroborate the veterans in-claimed stressor. The reg I also believe tell the VA not to arbitrarily send requests to the Marine Corps for verification or corroboration. It is a last resort.

First you have to provide a in-service stressor, if you have combat award the in-service stressor is conceded. If you do not have a combat award, you must have written a in-service stressor and if there are no buddy statements, then the VA sends the in service stressor you provided to the Marine Corps so they can either corroborate the in-service stressor or deny that the incident happened.

In the abscence of providing an in-service stressor does not mean the Marine Corps will do anything because how can they corroborate a stressor incident that you never documented your own self.

Is this what you are talking about out of the M21-1MR?

f. Review of Evidence

(1) If a VA medical examination fails to establish a diagnosis of PTSD, the claim will be immediately denied on that basis. If no determination regarding the existence of a stressor has been made, a discussion of the alleged stressor need not be included in the rating decision.

(2) If the claimant has failed to provide a minimal description of the stressor (i.e., no indication of the time or place of a stressful event), the claim may be denied on that basis. The rating should specify the previous request for information.

(3) If a VA examination or other medical evidence establishes a valid diagnosis of PTSD, and development is complete in every respect but for confirmation of the in-service stressor, request additional evidence from either the Center for Unit Records Research (CURR) or Marine Corps. (See Part III, paragraph 5.14.)

(4) Do not send a case to the CURR or Marine Corps unless there is a confirmed diagnosis of PTSD adequate to establish entitlement to service connection. Correspondingly, always send an inquiry in instances in which the only obstacle to service connection is confirmation of an alleged stressor. A denial solely because of an unconfirmed stressor is improper unless it has first been reviewed by the CURR or Marine Corps.

(5) If the CURR or the Marine Corps requests a more specific description of the stressor in question, immediately request the veteran to provide the necessary information. If the veteran provides a reasonably responsive reply, forward it to the requesting agency. Failure by the veteran to respond substantively to the request for information will be grounds to deny the claim based on unconfirmed stressor. (See Part III, paragraph 5.14.)

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OK,

I read the two attachments. There is a diagnosis of PTSD and nothing else. Am I missing something? The only thing in there regarding military is "Served in the Navy, Military Police Duty". That is not what is called an in-service stressor, nothing in there identifying a in-service stressor event or occurence.

"Service connection of post-traumatic stress disorder requires medical evidence diagnosing the condition, a link established by medical evidence between current symptoms and an in-service stressor and credible supporting evidence that the claimed in-service stressor occurred."

You still need to furnish a credible in-service stressor in order to prevail in a PTSD claim. You can have the diagnosis of 100% and be hospitalized, but if you do not have a conceded or credible in-service stresser describing the event, witnesses, and approx date, with location the incident occured you will be SOL. By conceded I mean a combat award or combat arms MOS if the in-service stressor was from combat.

If it is for a personal assault or other than combat, you must really detail the incident, witnesses, official reports, police reports, date, location, and describe the stressful event.

The paragraph in quote is from an actual completed rating decision. After that paragraph they either state that your DD-214 documents the receipt of Combat Action Ribbon, etc, therefore the in service stressor is conceded.

If you don't have at least that, then the next paragraph in the rating will document the in-service stressor is supported by credible evidence or the Marine Corps could not confirm that the event happened. If the Marine Corps corroborated the stressor fine, if not, you will be denied.

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OK,

I read the two attachments. There is a diagnosis of PTSD and nothing else. Am I missing something? The only thing in there regarding military is "Served in the Navy, Military Police Duty". That is not what is called an in-service stressor, nothing in there identifying a in-service stressor event or occurence.

stressors are identified in pages 1 thru 5 and are my personal business which I didnt care to air

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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I havent read this entire thread, but I do know Rocky is right on about the stressor. I am handleing a claim right now where the VA repeatedly has diagnosed a veteran with PTSD, but is denying compensation simply because he has not sufficiently proven the stressor. So even a diagnosis from the VA itself doesnt entitle someone to compensation.

I will read the rest of the thread, PTSD is so hard to work sometimes, and already being rated for a mood disorder... hmm like I said let me research it some, but my gut wants to say I wouldn't do it... but thats just my gut... let em do some research...

Bob Smith

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