Jump to content

Announcements



  • veteranscrisisline-badge-chat-1.gif

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

  • Ads

  • Fundraising-001.jpegFund HadIt.com Veteran to Veteran LLC

    HadIt.com Veteran to Veteran Fundraiser
    Revenues are down, costs are up and I need your help. Financial gifts are always appreciated but never required. If HadIt.com has helped you and you can give back a little it is appreciated Give here https://community.hadit.com/donate/make-donation/

    Give a financial gift to help with the upkeep of HadIt.com. HadIt.com is NOT a non profit. Gifts are not tax deductible, they are just gifts. 

  • Our picks

    • This is the latest Compensation & Pension (C&P) Clinicians Guide dated 20180719. The only other one I've seen is dated 2002, including the one on this website and the VA website. I got this from my claims agent, who got it from the VA.

      VA Compensation & Pension (C&P) Clinicians Guide 2 Final Corrected 20180719.pdf
        • Thanks
        • Like
      • 5 replies
    • I don’t say thank you enough to all of you...
      You, yes you, are the reason HadIt.com has remained a resource-rich resource. Thousands come each month to read, ask questions, or to feel a sense of community.

      Last month June 2020, we over 50k visitors they viewed over 160k pages. Veterans and their advocates, spouses, children, and friends of veterans come looking for answers. Because we have posts dating back 15 years and articles on the home page, they usually can find an answer or at least get pointed in the right direction.

      You all made that possible. Thank you.
        • Like
      • 3 replies
    • Help HadIt.com stay online buy a subscription
      If you can afford it and want to help hadit.com consider buying a subscription this gives you as free viewing of the site and allows me to budget in subscription payments.
       

      You can try it for 1 month for $5 or get a monthly subscription or a yearly subscription.

      Subscribe here https://community.hadit.com/subscriptions/
      • 1 reply
    • VA has a special where we can ask questions TODAY, at 3:00 to "people that matter?"  Someone should ask why we can not ask them questions EVERY day, why today only? (This is a big problem with VA..the 800 number often does not give specific answers).  We should have people in VA who "solve Vets problems" like Allison Hickey did a few years ago. 
        • Like
      • 8 replies
    • The 5, 10, 20 year rules...



      Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.



      Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.



      Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.



      If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"



      At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.



      NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.



      ------



      Example for 2020 using the same disability rating



      1998 - Initially Service Connected @ 10%



      RESULT: Service Connection Protected in 2008



      RESULT: 10% Protected from reduction in 2018 (20 years)



      2020 - Service Connection Increased @ 30%



      RESULT: 30% is Protected from reduction in 2040 (20 years)
        • Thanks
        • Like
      • 9 replies
  • Advertisemnt

  • 0
Sign in to follow this  
LightningFan75

Need Help with an unfavorable C&P for PTSD Secondary to MST

Question

I need some unofficial guidance with my claim for PTSD.  I think I have two uphill battles ahead...I just had my C&P and have received the notes from the exam.  The doctor has completely discounted that the event happened, much less any secondary markers, attributing my trauma to a childhood incident.  His notes contradict themselves on multiple occasions.  He states that I denied any history of alcohol abuse, yet states later in the exam that I disclosed that I started abusing alcohol after the incident.  He also discounted and falsely reported several facts surrounding my time in the service.  He stated I was never in combat, never had foreign service or received any combat medals and to view my DD-214 for more information, yet my DD-214 shows multiple combat medals, foreign service and he his report lists my service dates where i received combat pay and hostile Fire/Imminent Danger pay.

His notes are mostly snippets copied and pasted from my past appointments that support his denial, but he leaves out all of the relevant parts of my session.

He never looked me in the eyes and stared at his clip board the entire time

He said I started therapy after I lost my job and that I lost my job in April, when in fact I was therapy months before I lost my job which was 7/16.  I told him all of this and he reported it wrong.

He also put down: 

On the SIMs, a measure of symptom validity, the score of 37 indicated significant symptom exaggeration/over reporting.

On a PTSD symptom validity screen, the score of 25 indicated significant symptom exaggeration/over reporting.

Basically he's calling into question my integrity and makes no reference to my MH sessions with my provider, who never once questions my honesty in our sessions.

My test scores from my MH sessions are:

PHQ-9 (Depression): 23

PHQ-9 was administered and score indicates severe depression.

(RANGES: 0-4 Minimal; 5-9 Mild; 10-14 Moderate; 15-19 Moderately severe;

20-27 Severe)

GAD-7 (Anxiety): 19

GAD-7 was administered and score indicates severe anxiety. (RANGES: 0-4 Minimal; 5-9 Mild; 10-14 Moderate; 15-21 Severe)

PCL-5 (Posttraumatic distress): 64 (very severe symptoms reported)

PCL-5 was administered and the score is > or equal to cutoff score of 33 and may be consistent with a diagnosis of PTSD..

 

That leads me to my next issue...my MH provider continually throws out the term PTSD in our sessions, has started me on a treatment plan that consists of BOTH MST and PTSD therapy and yet WILL NOT put PTSD as a diagnosis.  Instead I'm diagnosed with:

DIAGNOSES (per chart):

Major depressive disorder, single episode, moderate

Anxiety disorder, unspecified

 

On top of that my VA psychiatrist put contradicting statements in my last exam:

DIAGNOSIS:

Mental Health Diagnoses and Relevant Medical Conditions:

Unspecified Trauma-Stressor-related Disorder r/o PTSD

Significant Psychosocial and Contextual Factors: MST (Sexual assault)

CASE FORMULATION AND RESPONSE TO TREATMENT:

35 y/o female veteran with anxiety, depressive Sx's and significant

clinical

distress since index trauma, in 2011. High suspicion for PTSD. No prior MH treatment.

 

So he in essence ruled out PTSD and then stated he had a high suspicion for PTSD.

 

I apologize that these thoughts may seem all over the place, but my treatment notes are a mess and the C&P examiner added 112 pages to it with mostly copy and paste, so it's hard for me to make sense of and I'm very hesitant to upload personal information.  I just don't know what to do when MH provider says I have PTSD from MST, puts me in treatment but won't diagnose me, and then a C&P appointment with a doctor who acted like he had better things to do and went mostly off my test scores and didn't really listen to a word i said since his notes are riddled with inaccuracies.

 

 

 

 

Share this post


Link to post
Share on other sites

Recommended Posts

  • 0
On 10/19/2019 at 8:47 PM, Oceanbound said:

I would suggest to you getting a real IMEO by a neuropsychologist, the fee for the 5 hour test is two grand. This private IMEO by the neuropsychologist will spank the VA C&P exam out of the water. 

Also considered lawyering up, I did with GloverLuck, because I Hadit with the VA circus. 

I would love nothing more than to get a private IMEO.  Unfortunately, my PTSD has cost me my job and my IU is getting the run around too.  We're blowing through our savings like water and barely making ends meet as it is, so 2K is mighty hard to scrape together right now.  I'm in the process of getting a new Primary MH doctor (I'd love to force them to send me outside using the MISSION ACT, but that seems like a whole other roadblock).  Since my last post, I've requested a Nexus letter from my current one and his messages gave me less than warm feelings about his handling of my case or recollection of who I am.  Not only that but I think I hurt his ego when I sent him the VA rules on NEXUS and a sample letter.  Now he's butt hurt that I'm including the local VA chief of staff on all my communications so he can't deny what he's saying.  It's a match of wits and rather than being a professional and approaching as a psychologist he's trying to beat me into the ground and tear me apart like I don't know what I'm talking about.  The only bright spot in all of this is that I start Prolonged Exposure next week with a new doctor who is the ONLY MH provider who comes out and greets my without calling my name like a roster.  He actually makes me feel like he knows who I am.  My psychologist and psychiatrist come out read off my name and wait for me to come up...real impersonal.   Unfortunately my PE therapist doesn't believe in Nexus letters so that's a dead end.  Now my MH "team" thinks I'm in it for a pay day and not therapy.  Nevermind the fact that the VBA put me in this spot and it's VBA that's causing me to prove everything at every turn.  

 

I did finally get a buddy letter from a shipmate who reached out and actually remembered more about the incident than I remembered...so that's been uploaded to ebenefits.  

 

End of the day, I'd love to get an IMO or a lawyer...it's just not financially in the cards right now. 

 

Thanks all for your input...it's all valuable and more helpful than anything and everything I get from VA.

Share this post


Link to post
Share on other sites
  • 0

 I have not read all your post  so this is only my opinion.

you may know the three main elements to file a claim

1.A current, diagnosed disability;

2.An in-service event, injury, or illness; and

3.A medical nexus between the current disability and the in-service event, injury, or illness.

Have you ask the VA MH MST COORDINATOR?  as for as how to come up with your medical records  to file a claim? or help you get it started? they are not obligated to ,but some compassionate VA  MST Coordinators will.

...this is what you need to do...you need the records of the event that traumatized you,   if you were raped you need the Law Enforcement Records and if it was on a military base you need the records for that ..who seen it happen or at least the report from the police ant help from a unit member.(buddy statments)..your NCO OR Company Commander..once you proved it happen while in military  then that's your nexus..

You need to get a VSO to help you figure this all out...there are some MST Survivors on here that has filed a MST Claims  and any secondary conditions that this has caused from.

It's hard to answer all these questions and may bring back some horrified memory's  but its something you got to do   to claim MST.

you need treatment records and all medical records from the VA or Private...Law enforcement records  and the dates all need to be in order from the date the MST Occurred. 

IF YOU HAVE THE THREE MAIN ELEMENTS  THEN I SEE KNOW PROBLEMS?  But dealing with the VA is always a problem they don't make anything easy,  this is why most of us has had to fight for years to get our benefits.

As for as getting a certified Attorney  or a VA Accredited Claims Agent   they charge a 20% fee when you win your claim from Retro  or in a special circumstance  the VA Pays the Attorney fees..your not out any $$$   it well worth it when you Win. 

check with broncovet on this  he knows all about attorney fees and if/when the veteran don't have to pay any fees.

 

 

Edited by Buck52

Share this post


Link to post
Share on other sites
  • 0

I just mentioned to another vet the if you are in danger of losing your home or being homeless you can apply for hardship with the VA.  Your case is supposed to be stepped up in the que.

Share this post


Link to post
Share on other sites
  • 0

Sometimes you have to crack eggs to make an omelet.

I lawyered up and not paying anything upfront as Buck said. Also made steps to leave the rotten VA because this isn't new and there is even a song for it because of it born in the usa. Read the lyrics to the catchy tune.   She'd get 20% of almost 20 years of retro of how the VA ruined my life. So you can read the current status here - 

 

 

Share this post


Link to post
Share on other sites
  • 0

I would suggest getting a VA attorney or agent INSTEAD of a VSO.

VSO are over worked and have averages of 1200 to 1500 other vets they have to help while attorney/agents have a tenth of that.  

The known ones here at Hadit are GloverLuck (mine), Asknod, Katrina Eagle, Dr David Anaise.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Sign in to follow this  

  • Ads

  • Our picks

    • This is the latest Compensation & Pension (C&P) Clinicians Guide dated 20180719. The only other one I've seen is dated 2002, including the one on this website and the VA website. I got this from my claims agent, who got it from the VA.

      VA Compensation & Pension (C&P) Clinicians Guide 2 Final Corrected 20180719.pdf
      • 5 replies
    • I don’t say thank you enough to all of you...
      You, yes you, are the reason HadIt.com has remained a resource-rich resource. Thousands come each month to read, ask questions, or to feel a sense of community.

      Last month June 2020, we over 50k visitors they viewed over 160k pages. Veterans and their advocates, spouses, children, and friends of veterans come looking for answers. Because we have posts dating back 15 years and articles on the home page, they usually can find an answer or at least get pointed in the right direction.

      You all made that possible. Thank you.
        • Like
      • 3 replies
    • Help HadIt.com stay online buy a subscription
      If you can afford it and want to help hadit.com consider buying a subscription this gives you as free viewing of the site and allows me to budget in subscription payments.
       

      You can try it for 1 month for $5 or get a monthly subscription or a yearly subscription.

      Subscribe here https://community.hadit.com/subscriptions/
      • 1 reply
    • VA has a special where we can ask questions TODAY, at 3:00 to "people that matter?"  Someone should ask why we can not ask them questions EVERY day, why today only? (This is a big problem with VA..the 800 number often does not give specific answers).  We should have people in VA who "solve Vets problems" like Allison Hickey did a few years ago. 
        • Like
      • 8 replies
    • The 5, 10, 20 year rules...



      Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.



      Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.



      Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.



      If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"



      At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.



      NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.



      ------



      Example for 2020 using the same disability rating



      1998 - Initially Service Connected @ 10%



      RESULT: Service Connection Protected in 2008



      RESULT: 10% Protected from reduction in 2018 (20 years)



      2020 - Service Connection Increased @ 30%



      RESULT: 30% is Protected from reduction in 2040 (20 years)
        • Like
      • 9 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines