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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

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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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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.

I have submitted 11 stressor letters, 3 when I intially filled the claim and those are the ones I asked by personal letter to the JSRRC to verify and I beleive they have been verified. The other 8 stressor letters are covered by buddy letters.

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, you are confusing a DIGNOSIS of PTSD, with a stressor. Yes it CLEARLY states you have PTSD, but NOWHERE in the info you gave does it say that the PTSD is SERVICE connected. Thats the point that everyone is trying to make... however In my last 2 posts I stated...

"assuming that the PTSD IS service-connected"

So, assuming that it is - because you say it is, not because of ANY evidence you have provided thus far since it DOESNT prove in service connection... it just proves a diagnosis of PTSD...

Again just to be clear... it says the Veteran has claimed... not shown, and it says it would appear that the veterans claim for post traumatic stress disorder is supported... not the veterans claim for post traumatic stress disorder would appear to be supported and service connected...

Thats the disconnect you are having... nobody is saying you are wrong, just that by what you have provided there is no determination of service connection... and that is clearly true... but you may very well have multiple proof of stressors etc., you just have not posted them here so what we go off of is what is in front of us...

However, again assuming that an in service stressor is valid... and the PTSD was NOT mentioned in your rating you do.. absolutely have grounds for a CUE based upon the last CAVC decision I posted...

again thats assuming a valid stressor, and no mention in any of your ratings....

OK? I'm not trying to be antagonistic here, just it seems we are talking in circles...

Bob Smith

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Gotta add my two cents. The C&P examiner supports the diagnosis that you have PTSD and apparently concedes stressors based on information "you" told him. I suggest not assuming that the stressors have been verified. They may not have verification and are denying SC for that reason. The RVSR is the one that makes that decision. I'm dealing with a claim for someone, with PTSD, who was a sentry dog handler, at an air base and we have published proof of 2 attacks on that base, while he was present, and they're still denying SC. Good luck! jmo

pr

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I've been reading the post on this thread...You will prevail with your claim...this is what I think or maybe I should say feel...sometimes when we post here in hadit it is for information on regs ect...to make sure we covered all our basis...and even after we have done everything we believe is correct and the packet is sent in...then the wait and it starts to eat at us...that is Part of PTSD...it is axiety and due to that stress one with PTSD needs confirmation that there is hope...that he or she has a more then good chance of prevailing...yet at the same time we have already set ourselves up for the worst case and in the back of your mind you are already starting to get things in order for your appeal...I know first hand what it feels like..but I am one of the luckey ones...and the wait was not long at all...

But anyways...I do not know what horrors you encountered while serving our country and I am truly sorry that in the course of being a True American that you became injured...and if I could reach across this screen and absorb all your pain I would...but that is not possible ...so I will keep you in my thoughts and add you to my prayer list that you will receive a favorable decision so you can then begin to heal.

God Speed

MT

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"* Quit my job, early retirment, due to this Sced condition"

Did a doctor tell you you had to quit your job ? Did the doc put it in writing

that you are unable to hold substantial gainful employment due solely to you'r SC disabilities of ?? %.

carlie

Carlie passed away in November 2015 she is missed.

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