Wasn't honest

[Shadowpr]

So after 5 years of appeals, I was finally sc for depression. I was rated at 30%. My issue is that I wasn't honest with the doctors or evaluator about suicidal thoughts. 

 

It was stupid, but I just don't trust them enough to have told them. I just found out though that having the thoughts would qualify for 70%. 

 

I looked through my mental health notes and saw at least one time the doctor did mention that I had them. 

 

My question is, should I appeal the decision again and start being honest or just start being honest and file for an increase in a few months? 

 

Thank you. 

[Buck52]

If a Veteran is rated at 100% for PTSD, he or she is likely in need of constant medical care. Here is how the 38 CFR outlines the criteria for a 100% PTSD rating:

The Veteran has total occupational and social impairment, due to such symptoms as gross impairment in thought process 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.

(You’ll likely agree that an individual meeting the above criteria probably shouldn’t be allowed to own a weapon.)

[john999]

If the vet is housebound and 100% for PTSD he probably should have designated Caregiver.  So the Caregiver should have money from the VA as well.  100% for any mental disorder means the person is probably psychotic and needs much help.  Now we know this is not always the case since not many here with 100% are psychotic and totally out of their minds.  If you are 70% for a mental issue the regs reveal a person with major, major malfunction and we know most of those guys just can't work a job.  They are not basket cases.

[Shadowpr]

OK. From reading the comments and talking to my wife, I'm going to appeal again. 

 

I'm also going to message my mh doctor and tell them the truth. 

[Buck52]

On 11/3/2020 at 4:09 PM, Shadowpr said:

So after 5 years of appeals, I was finally sc for depression. I was rated at 30%. My issue is that I wasn't honest with the doctors or evaluator about suicidal thoughts. 

 

It was stupid, but I just don't trust them enough to have told them. I just found out though that having the thoughts would qualify for 70%. 

 

I looked through my mental health notes and saw at least one time the doctor did mention that I had them. 

 

My question is, should I appeal the decision again and start being honest or just start being honest and file for an increase in a few months? 

 

Thank you. 

yes  and always be honest with your answers...if you don't know  or unsure? just simply say you don't know.

but look at your MH Symptoms ,because this is how they rate us M.H. Veterans   & there are boo-coos of symptoms but only one rating given that best fits the veterans symptoms... however if the veteran has more than one MH Condition then they  can differentiate between these symptoms and give the highest rating for that condition that best meets or best fits the veterans symptoms.

PTSD IS Given from and rated for by the symptoms the veterans has, from 10% to 100%again depending on your symptoms,  but if your diagnosed for a TBI also... that is different & they will rate secondary conditions seperate that the TBI is related to,  it gets complicated for these Dr's to differentiate the different symptoms the TBI CAN CAUSE OR RELATED TO nurmouse conditions that you may have or or that may/might arouse later on in life.

Edited November 9, 2020 by Buck52

[USMC_VET]

36 minutes ago, Shadowpr said:

OK. From reading the comments and talking to my wife, I'm going to appeal again. 

 

I'm also going to message my mh doctor and tell them the truth. 

You have on year to appeal so dont rush things.  As has been mentioned consider the following.

1) get a IMO, Dr. Elaine Trippi is someone i have used multiple times in the past for both fighting reduction and increase+OSA secondary to PTSD (she charges about $500 but has excellent accredidation and bonafides).  

2) have Sworn Declarations from yourself, wife, family, friends, coworkers, whoever you are comfortable asking and will do it. use the format at the bottom of this comment.  While i cant point to any VA reg that states this, i think that sworn statements have much more "punch" than a buddy letter.  The reason why is, if your buddy writes a letter that is total BS its just that a BS letter, no penalites, but technically a sworn declaration carries the penalty of perjury if a false statement so i think that it adds much more validity to the statements contained in side.

Especially for you list EVERYTHING EVERYTHING EVERYTHING that you feel and experience, how that effects your relationship with your wife, how it affects your job performance or ability to get, keep or hold a job, how it affects your friendships and how it effects the lives of those you love.  Dont leave anything out. anything that is affected by your condition list it from not wanting to get out of bed, not concentrating at work to your family not being able to enjoy going to a fair because you cant deal with the crowds or have to sit facing the entrances at a restaurant.  Dont hold back.

 

 

SWORN DECLARATION OF FIRST NAME LAST NAME

 

STATE OF  YOUR STATE  §

COUNTY OF YOUR COUNTY  §

Pursuant to 28 U.S.C. 1746, I, FIRST NAME LAST NAME, declare under penalty of perjury that the foregoing statement is true and correct:

1. "My name is FIRST NAME LAST NAME,. I am more than eighteen years of age, of sound mind, and fully competent to make this affidavit. I have personal knowledge of the matters set forth below.:

2. Statements/facts

3. Statements/facts

 

Executed on 6/27/2019

Signed:

 

___________________________________________

First Name Last Name

 

[AllTheWay]

Some very good advice have been giving. The advice that were given about Dr. Trippi, I would think twice about that. While I was in Michigan, I had a very close co-worker that used Dr. Trippi in 2017. Dr. Trippi did write up a good report but the VA do not like to use outside sources for mental claim so therefor, my co-worker was denied. Yes the co-worker appealed it and as of today, still waiting for a hearing.