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What do you think this rates as? Mental Health C&P results


FlyboyLeRoy
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Due to my tired eyes I have only given your attachments a brief glimpse so it appears to me that you have been diagnosed with PTSD that started when you were on active duty and I presume this is a first PTSD diagnosis and that it was done by a VA psychiatrist or psychologist with a PHD in clinical psychology (required).

In order to be VA service connected for PTSD you must meet the following minimum cretier. 

1. A first or original VA PTSD diagnosis by one of the above mentioned VA doctors.

2. A proven in service event or stressor that started or caused this PTSD

3. Medical or other evidence that is a nexus connecting points 1. and 2. above

 A statement (nexus) from one of the above doctors and or treating doctor and or private IMO opinion is very helpful solid evidence.

There are many forms of other evidence that can help prove your in service event or stressor such as official unit after action reports, in service medical treatment (records) for such an event stressor, police report from city, county, state or military police  and I can go on and on such as newspaper articles, buddy statements (eye witness).  Other statements from family, friends, co-workers about your daily actions and attitudes.

For combat PTSD veterans any awards for valor or the Purple Heart or CIB, CMB etc will automatically confirm you were exposed to inservice stressor.

I was first diagnosed with Vietnam combat PTSD in 1985 and then in 1998 I was awarded TDIU P&T due to 70% PTSD and now for over 20 years so I do know something about VA PTSD and I handled my own claims.

Just one of many factors in obtaining a higher PTSD award is to convince VA raters and examiners how much your PTSD adversely impacts your daily life,  ability to work and hold a job.

If you can find  (????) an experienced and MOTIVATED professional VSO located at a VA regional office to assist you then this is your best bet.

The above info is not legal advice as I am not an attorney, paralegal or VSO.

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Assuming your examiner was Qualified to do this Exam.?

I agree with Dustoff 11 about the 3 main elements to prove your PTSD Claim  also remember too VA concedes  the stressors if you have a CIB.P.H. on your DD 214

I would say this should meet the 50% rating criteria depending on the Examiner  if he was a compassionate type  maybe a 70% rating is possible

.But to be honest with you ,Please note: I can't see all the Symptoms that were checked (yes) on this DBQ Form

to check what you should be rated for  check this Mental Illness criteria chart  below and look to see what  criteria best fits your symptoms the examiner check in the boxes on the DBQ form

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.0%

 

Edited by Buck52
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36 minutes ago, Buck52 said:

 

Assuming your examiner was Qualified to do this Exam.?

I agree with Dustoff 11 about the 3 main elements to prove your PTSD Claim  also remember too VA concedes  the stressors if you have a CIB.P.H. on your DD 214

I would say this should meet the 50% rating criteria depending on the Examiner  if he was a compassionate type  maybe a 70% rating is possible

.But to be honest with you ,Please note: I can't see all the Symptoms that were checked (yes) on this DBQ Form

to check what you should be rated for  check this Mental Illness criteria chart  below and look to see what  criteria best fits your symptoms the examiner check in the boxes on the DBQ form

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.0%

 

If I sent the missing paper do You feel you could better give your opinion on the rating?

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I am going to break from the others and be a wet blanket.  I see an lowball award of 30% by the RO.  You can appeal this and request a higher rating and I would see that at 50%.  I hope that I am wrong.

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Yes, she was a psychologist. If i upload the missing part you've mentioned, do you think you'd be able to give a better opinion? 

On 12/22/2019 at 3:04 PM, vetquest said:

I am going to break from the others and be a wet blanket.  I see an lowball award of 30% by the RO.  You can appeal this and request a higher rating and I would see that at 50%.  I hope that I am wrong.

Thanks, hopefully not but I will not be surprised if they do that. 

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Buck posted the criteria and this is good, and I agree.  However, I always like to put the horse first, then the cart, not the other way around.  Before you talk of a disability percentage, you can BET the VA will want to make sure you have all the Caluza elements documented.  Since I can not view your records (and I assume you have, if you have not, then get your cfile and view them yourself)  I dont know if you meet the "diagnosis", "in service event or aggravation" and nexus for certain.  

But, if you do meet the Caluza elements you can apply the criteria Buck posted better than we can, because you know more about your symptoms than we ever will.  Specifically, how does your PTSD affect your (work) and social life?  

Interestingly, your doctor checked the box "suicidal ideation" (SI) .  Notice that SI is present "only" in the 70 and 100 percent categories.  Like youself, I have experience and have documented SI.   This would suggest a minumum of 70 percent.  However, VA lowballed me at 30 percent instead.  

One of the resteraunts advertise, "What's your favorite thing?"   Well, we know what VA's favorite things are, in this order:

1.  Delays.  Their absolute favorite is to delay our claim until we die.  Thousands and thousands of Veterans have died waiting on VA to process their benefits.  

2.  Denials.  Sometimes, the delays just have to give.  For VA, this usually means denials.  

3.  Lowballs.  If they can't delay, or deny anymore, then they go to lowball.  

4.  Lastly, if VA cant delay, cant deny, and can no longer lowball, their last "go to" is hornswaggle the effective date.  

     Most Vets are victims of "at least 1" of VA's "favorite things, above.  Well VA must really love me, because they gave me all 4..delays, denials, lowballs and hornswaggled my effective date...in 4 more days, I will be on my 18th year of appealing those 4.  

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Bronco is right on here!  I have had all 4 of these done to me at some point in my claims.  I want to just reach over and slap some sense into these raters!  I am just not sure why they feel the need to do this other than it is taught to them.  That is the worse part of this is we fought in a war or two and then we have to fight a new war of our health when we get home.  

I know I felt so much better when I got home, I just never realized or accepted for years something else had happened too me.  That I was a guinea pig for all their drugs and whatever else we were exposed too.

 

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On 12/27/2019 at 9:35 PM, broncovet said:

 

Interestingly, your doctor checked the box "suicidal ideation" (SI) .  Notice that SI is present "only" in the 70 and 100 percent categories.  Like youself, I have experience and have documented SI.   This would suggest a minumum of 70 percent.  However, VA low balled me at 30 percent instead.  

 

Thanks, bronco. I do meet all of the criteria from dsm 5 and both my private psychiatrist and c&p psychiatrist agreed with the nexus and dqb. What was the outcome of your claim, in particular the SI part being 30% and not 70%? Care to share please and thanks. 

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The outcome, flyboy, is that I fought the VA from 2002, and finally won 100 percent in 2009.  Im still fighting the VA on SMC S, and the effective date.  

I expect my BVA appeals will be complete in 2020, but I dont know that for sure.  

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broncovet 

I THINK WHAT FLYBOY IS ASKING ?

If   you were  low balled For  PTSD  AT 30%  AND YOUR   Symptoms  Showed you had SI  if the examiner checked yes you had SI and the C&P Examiner marked the the yes box  was you given 30% for PTSD?  was that in 2002? you got 100% for PTSD in 2009?//?

AND FIGHTING THE EFFECTIVE DATE FOR? 2002 for the difference in the 30% to the 100% for PTSD?
 

I didn't know you had a PTSD Diagnose and a rating for it  especially a 100% rating?

..I Had I thought you were 100% for hearing loss and Depression??? and was TDIU and later got the 100% for  Major Depression Disorder?  and was fighting the EED on That and the SMC S H.B.????

Edited by Buck52
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Its a little more complicaed than that, but the short answer is, buck, yes.  I was lowballed, eventually won 100 percent and am appealing the effective date of the 100 percent.  

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was the 100% For PTSD alone? or for the hearing loss?

and The MDD?

the SMC is because they failed to Inferr the SMC H.B. when you were 100% or TDIU?

   But I sure didn't know you had been rating 100% for PTSD or rated at all for PTSD?

If you are rated for the Hearing loss and MMD at 100% and then got a separate and distinct rating for PTSD at 100%...and was never infrered the SMC S YOU BEEN FIGHTING  SINCE 2002? OR 2009?  FOR THE SMC-S.H.B.? 

MMD is a mental disorder rating   how did you get two mental health ratings?  MDD & PTSD? AT 100%?

SOMETHING DON'T SEEM RIGHT HERE??

Edited by Buck52
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29 minutes ago, Buck52 said:

broncovet 

I THINK WHAT FLYBOY IS ASKING ?

If   you were  low balled For  PTSD  AT 30%  AND YOUR   Symptoms  Showed you had SI  if the examiner checked yes you had SI and the C&P Examiner marked the the yes box  was you given 30% for PTSD?  was that in 2002? you got 100% for PTSD in 2009?//?

 

That is exactly what I was asking.

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2 hours ago, FlyboyLeRoy said:

Thanks, bronco. I do meet all of the criteria from dsm 5 and both my private psychiatrist and c&p psychiatrist agreed with the nexus and dqb. What was the outcome of your claim, in particular the SI part being 30% and not 70%? Care to share please and thanks. 

FLYBOY YOU CAN MEET ALL THE CRITERIA FOR THE DSM 5  BUT WHAT YOU NEED TO LOOK AT IS THE CRITERIA FOR THE SYMPTOMS THE EXAMINER CHECKED YES IN THE BOXES   THEY RATE PTSD BY THE SYMPTOMS AND THE SEVERITY OF THEM.

..LOOK AT THE MENTAL HEALTH  CRITERIA RATING SHEET I PUT UP AND COMPARE YOUR SYMPTOMS TO THE CRITERIA SHEET  THE CRITERIA THAT BEST FITS YOUR SYMPTOMS  THAT THE EXAMINER CHECKED YES ON.  THAT IS WHAT YOU SHOULD EXPECT TO BE RATED FOR.

I JUST CAN'T SEE WELL ENOUGH TO SEE YOUR DBQ? OR EXAM SHEET THE EXAMINER CHECKED OFF.

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21 minutes ago, broncovet said:

Its a little more complicaed than that, but the short answer is, buck, yes.  I was lowballed, eventually won 100 percent and am appealing the effective date of the 100 percent.  

Are you able to summarize and or explain what happened in your case with being lowballed 30% with the SI symptom at 70%? I'm trying to see how my claim will stand with most of my issues being 50%, some 30%, and one 70%, thanks. 

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2 minutes ago, Buck52 said:

FLYBOY YOU CAN MEET ALL THE CRITERIA FOR THE DSM 5  BUT WHAT YOU NEED TO LOOK AT IS THE CRITERIA FOR THE SYMPTOMS THE EXAMINER CHECKED YES IN THE BOXES   THEY RATE PTSD BY THE SYMPTOMS AND THE SEVERITY OF THEM.

..LOOK AT THE MENTAL HEALTH  CRITERIA RATING SHEET I PUT UP AND COMPARE YOUR SYMPTOMS TO THE CRITERIA SHEET  THE CRITERIA THAT BEST FITS YOUR SYMPTOMS  THAT THE EXAMINER CHECKED YES ON.  THAT IS WHAT YOU SHOULD EXPECT TO BE RATED FOR.

I JUST CAN'T SEE WELL ENOUGH TO SEE YOUR DBQ? OR EXAM SHEET THE EXAMINER CHECKED OFF.

Thanks, I did look at them and compare and most certainly meet 50% based on the criteria. However with the SI being 70% and the rest meeting 50%, will it be an easy appeal and or be granted 70 based on SI?  My symptoms do affect work and social life and both doctors agreed on that part. 

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i WOULD SAY NORMALLY THEY WILL RATE YOU AT THE 70% YOU NEED TO WAIT AND GET YOUR PACKET IN THE MAIL TO BE SURE.

IF THEY DID RATE YOU AT THE 50%   AND WITH YOUR SYMPTOMS IN THE  VA's 70% CRITERIA

 you can copy them and send it in with your Appeal  and just say you disagree with the rating  and ask them to look at the rating critera you sent in as your evidence. YOU WANT TO BE RATED TO THE FULL EXTENT OF THE LAW and you disagree with the 50% raing  that your symptoms meet the 70% rating criteria. for mental health for PTSD.

but wait until you see what they did rate you for. .....> it maybe 70%

they will give you a reason and bases of the decision  or 

''What We Decided''

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On 12/29/2019 at 9:09 PM, Buck52 said:

i WOULD SAY NORMALLY THEY WILL RATE YOU AT THE 70% YOU NEED TO WAIT AND GET YOUR PACKET IN THE MAIL TO BE SURE.

IF THEY DID RATE YOU AT THE 50%   AND WITH YOUR SYMPTOMS IN THE  VA's 70% CRITERIA

 you can copy them and send it in with your Appeal  and just say you disagree with the rating  and ask them to look at the rating critera you sent in as your evidence. YOU WANT TO BE RATED TO THE FULL EXTENT OF THE LAW and you disagree with the 50% raing  that your symptoms meet the 70% rating criteria. for mental health for PTSD.

but wait until you see what they did rate you for. .....> it maybe 70%

they will give you a reason and bases of the decision  or 

''What We Decided''

Understood, thanks for your advice!

On 12/29/2019 at 8:34 PM, broncovet said:

Its a little more complicaed than that, but the short answer is, buck, yes.  I was lowballed, eventually won 100 percent and am appealing the effective date of the 100 percent.  

any update?

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