I think I should have got the 100% not 70%

[Mr cue]

o
 
 7. Remarks (including any testing results), if any:
 ---------------------------------------------------
 Regarding judgment, Veteran reported in the last year that he has gotten out
 of the car and gotten into a verbal argument with a stranger on one 
occasion.
 Otherwise, denied any recent physical violence towards others, specific
 thoughts of hurting or killing others, drinking and driving, excessive
 speeding, reckless driving, or other risky situations. 
 Mental health symptoms frequently interfere with the Veteran's ability 
to
 complete tasks at home. Veteran spends his day watching TV, online on phone,
 and occasionally playing video/computer games. Showers daily. No hobbies.
 Veteran leaves the house every day for various activities, approximately 2xs
 per week: goes to appointments, and visits with aunt. Aide does errands and
 goes grocery shopping for Veteran. When asked directly by this examiner,
 Veteran stated that does not feel that he is a productive or reliable person
 ("I used to be all that"). 
 Based upon this examiner's interview with the Veteran, review of the
 Veteran's VA electronic medical record, and review of the 
Veteran's
 electronic folder in VBMS it is the opinion of this examiner that the
 Veteran's symptoms of major depressive disorder cause the Veteran to
 experience impairment in several areas of functioning. As the Veteran is not
 currently employed, it is not possible to determine his current occupational
 functioning based upon current job performance. However, if the Veteran were
 to attempt to return to work at this time, it is expected that the Veteran
 would experience a severe level of occupational impairment due to severe
 symptoms of major depressive disorder. Veteran would have difficulty
 completing tasks, establishing and maintaining work relationships, and

managing his emotions if he were to return to work at this time. Veteran
 would be expected to exhibit severe impairment in occupational functioning 
in
 both physical and sedentary employment due to mental health symptoms. Severe
 impairment in family functioning. Veteran is not married or in a 
relationship
 at this time. Limited contact with children. Distant relationship with
 father. Fair relationship with half-brother. No relationship with sister.
 Severe impairment in social functioning with Veteran reporting that he does
 not have any friends. One reported situation of poor judgment, otherwise, no
 impairment in judgment. Mild impairment in thinking with mild memory loss.
 Severe impairment in mood with diagnosis of severe major depressive 
disorder.
 Veteran stated that mental health symptoms frequently interfere with his
 ability to complete tasks 

[broncovet]

Im posting the criteria for mental health disorders:

Quote

General Rating Formula for Mental Disorders

	Rating
Total occupational and social impairment, due to such symptoms as: gross impairment in thought processes or communication; persistent delusions or hallucinations; grossly inappropriate behavior; persistent danger of hurting self or others; intermittent inability to perform activities of daily living (including maintenance of minimal personal hygiene); disorientation to time or place; memory loss for names of close relatives, own occupation, or own name.	100
Occupational and social impairment, with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood, due to such symptoms as: suicidal ideation; obsessional rituals which interfere with routine activities; speech intermittently illogical, obscure, or irrelevant; near-continuous panic or depression affecting the ability to function independently, appropriately and effectively; impaired impulse control (such as unprovoked irritability with periods of violence); spatial disorientation; neglect of personal appearance and hygiene; difficulty in adapting to stressful circumstances (including work or a worklike setting); inability to establish and maintain effective relationships.	70
Occupational and social impairment with reduced reliability and productivity due to such symptoms as: flattened affect; circumstantial, circumlocutory, or stereotyped speech; panic attacks more than once a week; difficulty in understanding complex commands; impairment of short- and long-term memory (e.g., retention of only highly learned material, forgetting to complete tasks); impaired judgment; impaired abstract thinking; disturbances of motivation and mood; difficulty in establishing and maintaining effective work and social relationships.	50
Occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks (although generally functioning satisfactorily, with routine behavior, self-care, and conversation normal), due to such symptoms as: depressed mood, anxiety, suspiciousness, panic attacks (weekly or less often), chronic sleep impairment, mild memory loss (such as forgetting names, directions, recent events).	30
Occupational and social impairment due to mild or transient symptoms which decrease work efficiency and ability to perform occupational tasks only during periods of significant stress, or symptoms controlled by continuous medication.	10
A mental condition has been formally diagnosed, but symptoms are not severe enough either to interfere with occupational and social functioning or to require continuous medication.

You know your symptoms better than we do.  If you think you have "total occupational and social impairment", then by all means file a NOD.  

[Mr cue]

RECORDS REVIEW
 
 C-File: Reviewed; Medical records: Reviewed.
 
MEDICAL HISTORY
===============
 IS VETERAN PERMANENTLY BEDRIDDEN? No
 IS VETERAN CURRENTLY HOSPITALIZED? No
 CAN VETERAN TRAVEL BEYOND CURRENT DOMICILE? No
 MODE OF TRAVEL TO THIS EXAM: Alone
 DESCRIPTION OF TYPICAL DAILY ACTIVITIES:
 unable to dress, dishes, housework, shoes, cooking, putting away groceries
 DOES THE INDIVIDUAL USE AN ORTHOPEDIC OR PROSTHETIC APPLIANCE? No
 ABILITY OF VETERAN TO PROTECT SELF FROM DAILY HAZARDS/DANGERS
 -------------------------------------------------------------
 DIZZINESS: Never
 MEMORY LOSS: None
 DOES IMBALANCE AFFECT THE ABILITY TO AMBULATE: Never
 ARE THERE OTHER BODY PARTS OR SYSTEM IMPAIRMENTS THAT AFFECT THE ABILITY OF
 VETERAN TO PROTECT SELF FROM THE DAILY ENVIRONMENT? Yes
 DESCRIPTION OF IMPAIRMENTS:
 neck and arms

[Mr cue]

No I am asking if in the remark they stated I cnt work do to my mdd would that not grant 100%? That a copy of my comp exam

[broncovet]

Again, read the criteria I posted for 100 percent.  "Total occupational and social impairment".  Then it lists examples.  

"Cant do work" due to sc conditions is the defination of TDIU.  

The VA has to rate USING THE CRITERIA, that I posted.  

You can appeal, but you "may" need additional evidence, such as an IMO, that you have "total occupational and social impairment".  

"Social Impairment" means things like not getting along with your family and/friends.  

All this said, you dont have to meet "every single one" of the criteria examples for 100 percent.  But your decision maker needs to decide that your conditions more closely approximate a 100 percent rating.  

One Vet took his exams, and highlighted each symptom in either 70 or 100 percent..then sent that to the VA.  He eventually got his 100 percent.  

Total occupational and social impairment, due to such symptoms as: gross impairment in thought processes or communication; persistent delusions or hallucinations; grossly inappropriate behavior; persistent danger of hurting self or others; intermittent inability to perform activities of daily living (including maintenance of minimal personal hygiene); disorientation to time or place; memory loss for names of close relatives, own occupation, or own name.

100

Occupational and social impairment, with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood, due to such symptoms as: suicidal ideation; obsessional rituals which interfere with routine activities; speech intermittently illogical, obscure, or irrelevant; near-continuous panic or depression affecting the ability to function independently, appropriately and effectively; impaired impulse control (such as unprovoked irritability with periods of violence); spatial disorientation; neglect of personal appearance and hygiene; difficulty in adapting to stressful circumstances (including work or a worklike setting); inability to establish and maintain effective relationships.

 

[Buck52]

Actually I think they were generous giving you the 70%   your symptoms don't seem to meet the 100% criteria or even the 70%

Now if you can't return to work because of your MDD  THEN YOU SHOULD ASK FOR IU  you need to file a claim for IU   THEY WILL NOT JUST GIVE IT TO YOU IF YOU DON'T ASK 

  Use to the rater would see your unable to work due to your S.C. Condition and give you the IU ...they do not do that anymore   we have to file for it.  when were under 100%

[Buck52]

They should have sent you the IU FORM TO FILE. IN YOUR AWARD.LETTER