PTSD IMO Questions

[McRay]

I checked VA.gov this morning and see there sending me a SOC for the appeal I submitted on Nov 27, 2018. No fun to get appeal turned down, but I guess it's good things are progressing to the next phase. And I suppose this is more of the denial to eliminate case backlogs. 

There are a couple of questions that come up so I'll post them here. I know ebenefits.com/VA.gov is notoriously bad for putting up the wrong information... When I look at the page for tracking claims, it says that my appeal for PTSD claim filed on March 22, 2016 was granted, also granted was an appeal for PTSD, generalized anxiety disorder and major depressive disorder filed on Feb 23, 2016. I was granted 50%. Recently, I got a copy of the C&P exam I took August 13 of 2018. In that exam the psychologist specifically stated I don't have a PTSD diagnosis, but checked all the other boxes eg., I had experienced an event first hand and it was at least 50% likely that I my condition was caused by events in the service. I was surprised so I called my atty and the case manager told me I don't have a PTSD dx. ?? I believe I've read on here that Mental Health claims are combined and that's what I'd 'assumed' had taken place until I read the C&P exam. Now, I'm curious as to how they separate out the PTSD claim and why? Is there a specific reason they wouldn't want to SC the PTSD? I had 2 IMO's stating I have PTSD, one from a psychiatrist at the VET Center in Florida and another from a psychiatrist in Venice, FL.

So now it's the form 9. I see if I don't submit new evidence it goes to BVA and I can have a Vet Law Judge look at it or if I submit new evidence I go back to the DRO Review? I was thinking of getting another IMO but that might just slow things down more.

 

Thanks!

 

[GeekySquid]

13 hours ago, McRay said:

left out relevant evidence like the motorcycle accident  and concussion 10 days before initial hospitalization.

I read your DBQ...before anything else I sent you a PM. do what I say in that PM. ASAP

As for this opinion. The Dr literally said your subclinical PTSD criteria is not related to an in-service event.

That is what you have to overcome.

To be rated you have to prove an in-service event that caused your condition or made an existing condition worse.

That is not noted in these DBQ's. If they left it out then you have a shot.

If you have that in-service stressor, then both the rater and the doctor seem to have missed it.

I will also let you know you have 2 dbq's there, that is the reason for the mixed messages. He is SC'ing the first one, but denying that it is PTSD in the Second DBQ. Though to be fair he doesn't do a real good job documenting the first DBQ stressors.

Edited August 11, 2019 by GeekySquid

[Berta]

 You have a 50% SC now for MH disabilities- 

what actually was the newer claim for?

VA only pays for one MH issue- did you send them evidence that would possibly garner a higher MH rating?

Did you claim TBI due to the accident?

You stated:

." Now, I'm curious as to how they separate out the PTSD claim and why? Is there a specific reason they wouldn't want to SC the PTSD? I had 2 IMO's stating I have PTSD, one from a psychiatrist at the VET Center in Florida and another from a psychiatrist in Venice, FL."

VA only pays comp for one MH issue.The comp can increase if the veteran can prove they fit into a higher rating for what the VA has already SCed.Such as if the medical evidence shows that this disability  of "depressive disorder" has gotten worse:

"unspecified depressive disorder, claimed as chronic psychiatric disability and as post traumatic stress disorder"

To me that only means you claimed PTSD and a chronic psychiatric disability, nd the SC is for the unspecified depresion disorder.

 

I am glad GeekySquid PMed you- I dont think this would be  a problematic DBQ unless they propose to reduce the 50% MH you get now.

Then again, it is difficult to opine on this without seeing the actual redacted decision, and the evidence list.

And besides you have a lawyer who said you were not diagnosed with PTSD.

" I had 2 IMO's stating I have PTSD, one from a psychiatrist at the VET Center in Florida and another from a psychiatrist in Venice, FL."

As someone here stated, the VA will only accept a PTSD diagnosis from a VA psychiatrist, but , as Asknod has said, I think-sometimes that can be reversed with a strong independent  medical opinion.

The DBQ doctor used the 2010 PTSD regulations.

I have  been dealing with PTSD vets since 1983 and I believe the doctor's DBQ was correct. The 2010 PTSD  regulations are here.

Only about 600 vets and advocates, lawyers, and VSOs protested the regulations, as to the required  "VA Diagnosis of PTSD".Only 3 of us here protested that part of the regulation in the Federal Register.

PTSD has specific and unique characteristics, as well.

I feel, if the depression has gotten worse, that is what you would need an IMO for. The comp ratings are the same for all MH issues.

But that is my opinion, without seeing the VA decision.

Edited August 11, 2019 by Berta

[Berta]

https://community.hadit.com/topic/68290-ptsd-exam/

( 2010 PTSD regulations)

[McRay]

Thanks for the replies and looking at the DBQ. Berta, I didn't put in a 2nd claim. The first was filed for unspecified depressive disorder, anxiety and PTSD. A month later my VSO at the time filed another claim for PTSD. After the VA granted my appeal and I received the SC , my attorney filed a NOD for increased rating and EED. Thus far I don't have any new evidence, other than continuing treatment at local VA. I had thought I might get another IMO to submit with NOD, but atty advised against it. 

[GeekySquid]

41 minutes ago, McRay said:

A month later my VSO at the time filed another claim for PTSD.

did your VSO discuss this with you in advance? did they tell you that you needed a specific in-service event? if they didn't they belong in the trash pile with my own VSO.

 

[McRay]

No, there was no discussion. He later encouraged me to use a law firm he recommended, which I did. I wish I had been reading this site back then. Hind sight is always so clear.