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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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OK.. since you have left out some info...lets suppose for a bit that there IS a valid stressor, though the evidence you provided didnt define it as being an "in-service" stressor, but anyway...

This seems pertinent..

Citation Nr: 0525261

Decision Date: 09/15/05 Archive Date: 09/29/05

DOCKET NO. 97-28 865 ) DATE

)

)

On appeal from the

Department of Veterans Affairs Regional Office in Cleveland,

Ohio

THE ISSUES

1. Entitlement to service connection for post-traumatic

stress disorder (PTSD).

2. Entitlement to an effective date prior to June 20, 1997,

for the grant of service connection for a mood disorder.

3. Entitlement to an effective date prior to June 20, 1997,

for the grant of a total rating due to individual

unemployability resulting from service-connected disability

(TDIU).

REPRESENTATION

Appellant represented by: The American Legion

WITNESSES AT HEARING ON APPEAL

Appellant and his friend

ATTORNEY FOR THE BOARD

D. L. Wight, Counsel

INTRODUCTION

The veteran served on active duty for training (ADT) from

March 1960 to September 1960. Thereafter, he served on

active duty from January 1961 to May 1963.

This matter initially came before the Board of Veterans'

Appeals (Board) on appeal from a July 1997 rating decision by

the Cleveland, Ohio, Regional Office (RO) of the Department

of Veterans Affairs (VA). In that decision, the RO found

that new and material evidence had not been submitted to

reopen the veteran's claim for service connection for a

psychiatric disability, to include PTSD.

In October 2000, the veteran was afforded a videoconference

hearing before the undersigned Veterans Law Judge. A

transcript of this hearing is associated with the claims

folders. The Board subsequently issued a December 2000

decision finding that new and material evidence had been

submitted to reopen the claim for service connection for a

psychiatric disability, to include PTSD. At that time, the

Board remanded the reopened claim to the RO for additional

development.

Thereafter, the case was returned to the Board and the Board

issued a June 2003 decision which awarded service connection

for psychiatric disability, diagnosed as a mood disorder. At

that time, the Board chose to undertake additional

development of the issue of service connection for PTSD.

In August 2003, the RO effectuated the Board's decision and

assigned an effective date of June 16, 2003, for the grant of

service connection for a mood disorder. The RO evaluated the

mood disorder as 70 percent disabling from June 16, 2003, and

also granted a TDIU from that date.

Following additional remands of the case in October 2003 and

August 2004, the case has been returned to the Board for

further action.

FINDING OF FACT

In July 2005, the veteran indicated that he wished to

withdraw his appeal.

CONCLUSION OF LAW

The criteria for a withdrawal of the veteran's substantive

appeal with respect to the issues of entitlement to service

connection for PTSD and entitlement to effective dates prior

to June 20, 1997, for the grant of service connection for a

mood disorder and the grant of TDIU have been met.

38 U.S.C.A. § 7105(:lol:(2), (d)(5) (West 2002); 38 C.F.R.

§§ 20.200, 20.202, 20.204(:), © (2004).

REASONS AND BASES FOR FINDINGS AND CONCLUSION

An appeal consists of a timely filed Notice of Disagreement

in writing, and after a Statement of the Case has been

furnished, a timely filed Substantive Appeal. 38 U.S.C.A. §

7105(a) (West 2002); 38 C.F.R. § 20.200 (2004).

Under 38 U.S.C.A. § 7105, the Board may dismiss any appeal

which fails to allege specific error of fact or law in the

determination being appealed. Further, a substantive appeal

may be withdrawn in writing at any time before the Board

promulgates a decision. 38 C.F.R. §§ 20.202, 20.204(B)

(2004). Except for appeals withdrawn on the record at a

hearing, appeal withdrawals must be in writing. 38 C.F.R.

§ 20.204(B) (2004).

The record reflects that the veteran perfected an appeal of a

July 1997 rating action that denied service connection for

PTSD and an August 2003 rating action that denied effective

dates prior to June 20, 1997, for the grant of service

connection for a mood disorder and entitlement to a TDIU. On

a January 2005 VA Form 9, Appeal to Board of Veterans'

Appeals, the veteran requested a hearing before a Member of

the Board sitting at the RO. In a subsequent statement dated

in February 2005, he clarified his request by expressing a

desire for a videoconference hearing before a Member of the

Board.

The veteran was informed by letter dated in July 2005 that

the requested hearing had been scheduled. However, the

veteran responded to the notice of the hearing by submitting

a statement dated in July 2005 expressing his desire to

withdraw his appeal. The Board finds that this statement

qualifies as a valid withdrawal of the veteran's appeal of

the denial of service connection for PTSD and for effective

dates prior to June 20, 1997, for the grant of service

connection for a mood disorder and a TDIU.

In light of the veteran's withdrawal of his appeal with

respect to these issues, there remains no allegation of error

of fact or law for appellate consideration. Accordingly, the

appeal will be dismissed.

(CONTINUED ON NEXT PAGE)

ORDER

The appeal of the denial of service connection for PTSD is

dismissed.

The appeal of the denial of an effective date prior to June

20, 1997, for the grant of service connection for a mood

disorder is dismissed.

The appeal of the denial of an effective date prior to June

20, 1997, for the grant of TDIU benefits is dismissed.

____________________________________________

Shane A. Durkin

Veterans Law Judge

Board of Veterans' Appeals

Department of Veterans Affairs

.............................

So, the board granted the mood disorder and deferred the PTSD... why? Is it because if the PTSD had been MORE disableing they would have had to use it? Thats the only conclusion I can come to, but here the important bit.......

They recognized it as a seperate issue, so even if they did have to take the highest, then what would you stand to lose?

I do feel though that the C&P addresses BOTH aspects, the mood disorder and PTSD... saying that PTSD was 40% of your total mental illness. OK, so can an argument be made that since they ONLY rated you for the depression (which was 60% of the total mental illness) and MADE NO MENTION OF THE PTSD in your rating (I dont know that becase I havent SEEN your rating but lets assume for now they ONLY rated you for the Depression) well then dont they owe you at least service connection for the PTSD?

The C&P doc said you mental health makeup was 60% mood disorder deprssion (I think)

and 40% PTSD

You received a rating of 50% for mood disorder... since you cannot PYRAMID, the rater has to determine WHICH mental health issue takes presedence... it would appear according to M21-1 that the MOST DISABELING disorder takes prescedence...

so by that, the depression at 60% was more disableing than the PTSD...

so I think that if you do have a good stressor you can certainly get service connection which is what you said you wanted... but I dont think that it will change your compensation UNLESS new and material evidence comes to light that shows the due to your PTSD your symptology has worsend over time, then I can see them relooking the claim and the issue of which mental health disorder takes prescedence.

-------- anyway, thats what I think...

Bob Smith

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Citation NR: 9629457

Decision Date: 10/17/96 Archive Date: 10/30/96

DOCKET NO. 95-09 070 ) DATE

)

)

On appeal from the

Department of Veterans Affairs Regional Office in Wichita,

Kansas

THE ISSUES

1. Whether a rating decision of November 10, 1988, involved

clear and unmistakable error.

2. Whether a rating decision of July 19, 1990, involved

clear and unmistakable error.

REPRESENTATION

Appellant represented by: Kenneth M. Carpenter, Attorney

at Law

ATTORNEY FOR THE BOARD

James A. Frost, Counsel

INTRODUCTION

The veteran served on active duty from June 1969 to January

1978.

This appeal arises from a rating decision in October 1994 by

the Department of Veterans Affairs (VA) Regional Office (RO)

in Wichita, Kansas.

CONTENTIONS OF APPELLANT ON APPEAL

The veteran contends that a rating decision in November 1988,

which denied a disability evaluation in excess of 50 percent

for post-traumatic stress disorder, involved clear and

unmistakable error, because the agency of original

jurisdiction did not adjudicate claims of entitlement to

service connection for depression and alcohol/drug abuse as

secondary to post-traumatic stress disorder. The veteran

also contends that a rating decision in July 1990, which

denied entitlement to a total disability evaluation based on

individual unemployability due to his service-connected

disabilities, involved clear and unmistakable error because

the agency of original jurisdiction did not arrange for a

social and industrial survey and did not cite specific VA

regulations or give specific reasons and bases for the

decision.

DECISION OF THE BOARD

The Board, in accordance with the provisions of 38 U.S.C.A.

§ 7104 (West 1991 & Supp. 1995), has reviewed and considered

all of the evidence and material of record in the veteran's

claims files. Based on its review of the relevant evidence

in this matter, and for the following reasons and bases, it

is the decision of the Board that the RO granted service

connection for substance abuse and a mood disorder, to

include depression, in the rating decision of November 10,

1988; it is further the decision of the Board that by

failing to classify depression or bipolar disorder as service

connected in the rating decision of July 19, 1990, said

rating decision involved clear and unmistakable error.

FINDINGS OF FACT

1. A rating decision of November 10, 1988, implicitly

granted a claim of entitlement to service connection for

substance abuse and a mood disorder as secondary to post-

traumatic stress disorder as part of the adjudication of the

issue of entitlement to an increased rating for post-

traumatic stress disorder.

2. The rating decision of July 19, 1990, failed to grant

service connection for bipolar disorder or recognize it a

part of the service connected psychiatric impairment,

although a board of VA psychiatrists had found such a mood

disorder to be secondary to service-connected PTSD and there

was no medical evidence to the contrary.

CONCLUSIONS OF LAW

1. The rating decision of November 10, 1988, was not clearly

and unmistakably erroneous since it implicitly granted

secondary service connection for substance abuse and a mood

disorder. 38 C.F.R. §§ 3.105(a), 3.157(a)(1995).

2. The rating decision of July 19 1990, was clearly and

unmistakably erroneous by failing to recognize secondary

service connection for bipolar disorder. 38 C.F.R.

§ 3.105(a).

........................................

This one is interesting because they granted a CUE on the basis of the rater failing to include ALL the mental health issues as service connected... in this case they did grant PTSD but didnt bipolar, and in so doing CUEd themselves....

IF in fact they did NOT include PTSD in your rating decision then on this you have grounds for a CUE claim...

Dont know what it will get you, but it seems apparent that they MUST at least address ALL the issues

(by the way I truncated the decison, just do a VACA search for it and you get all the explinations)

Bob Smith

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Fl,

Maybe I missed it -- but in all that posting I did not see a very solid nexus that would show connection to military service. ?

Axis V did say I think Navy, military police, vet witnessed traumatic events - I'm wrong quite a bit but I would sure like to see a better connection than that.

carlie

Edited by carlie

Carlie passed away in November 2015 she is missed.

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Fl,

Maybe I missed it -- but in all that posting I did not see a very solid nexus that would show connection to military service. ?

Axis V did say I think Navy, military police, vet witnessed traumatic events - I'm wrong quite a bit but I would sure like to see a better connection than that.

carlie

post-768-1169557987_thumb.jpg

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...

post-768-1169558703_thumb.jpg

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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Share on other sites

Good luck with that! You DO have specific details describing the stressor event, with date, location, witnesses that you will send in with your claim in addition to just this diagnosis and just this general statement that you meet the criteria for PTSD? Just stating veteran witnesses traumatic events, death, and injury in the diagnosis,etc. is not what is called a "credible in-service stressor". You have to be more detailed and explain the stressor event.

Not saying that you haven't and I realize the "stressor event" is you own personal business that you do not want to share.

I'm just saying if you are using just that diagnosis, it would hard for an RO to verify the stressor event. In otherwords that diagnosis is a description that applies to any and all veterans that have been exposed to traumatic events and not specific or detailed for your specific in stressor event. Just make sure you submit your stressor letter with details of the event WITH the diagnosis. If not, that diagnosis isn't worth anything to receive VA Comp for PTSD.

The RO will have the diagnosis but will ask "Where is the description of the actual in stressor event that can be corroborated?"

Why don't you just state you have submitted a stressor letter describing the in stressor event, then everyone here would know that you have the diagnosis and the stressor letter, so we know you are good to go with a well grounded claim. That is not personal and we respect you privacy as far as detailing the stressor, I just believe you should have one to go with the diagnosis if you want to prevail.

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