What Rating Do I qualify for

[Hotdigitty]

I went for my mental health C&P and these are the checked diagnoses.  What % do I fall under in your opinion?

1. Occupational and social impairment with deficiencies in most areas, such as work, school, family relations, judgment, thinking and/or mood
2. Depressed mood
3. Anxiety
4. Panic attacks that occur weekly or less often
5. Panic attacks more than once a week
6. Near-continuous panic or depression affecting the ability to function independently, appropriately and effectively
7. Chronic sleep impairment
8. Mild memory loss, such as forgetting names, directions or recent events
9. Disturbances of motivation and mood
10. Difficulty in establishing and maintaining effective work and social relationships
11. Difficulty adapting to stressful circumstances, including work or a work like setting
12. Suicidal ideation
13. Intermittent inability to perform activities of daily living, including maintenance of minimal personal hygiene.

[ArNG11]

1 hour ago, Hotdigitty said:

Thank you all for for help and opinions.  Sometimes pain will make you get offensive.  I apologize

No worries I understand the pain thing, it messes with you and can sometimes interferes with your perception of people who are trying to help you not hinder you.  Things will be okay.  Cover your bases, get the information you need and you can make educated decisions to suit your situation best.

[pwrslm]

On 1/10/2022 at 6:09 PM, Hotdigitty said:

Near-continuous panic or depression affecting the ability to function independently, appropriately and effectively

...

Intermittent inability to perform activities of daily living, including maintenance of minimal personal hygiene.

Seems like these 2 would put him into the 100% rating via TDIU.

Both are almost word for word out of the CFR.

 

Edited January 24, 2022 by pwrslm

[ArNG11]

I would tend to agree but I don't want to feed into the emotional aspect of what he should be rated for in my wording.  Per the CFR and the rating criteria and if his medical records to state these statements, then Im in agreement.   If indeed these statements are in his medical records then I don't see much trouble in him getting the rating.  At worst an IME might be needed, however, the service connection has already been made so its just a matter of VA or his docs medical opinion trumping.  An as we all should remember in a situation where there is relative equipoise it should be decided in the veterans favor.  Should being the key word.   Hotdiggity you should fight for the rating in my opinion, again please note, in my opinion.   I am not a lawyer or VSR, or anything above just another Veteran tryin to help out another Veteran.   You have no better advocate than yourself, no else will care more about your claims.   It is worth its weight in gold to consider the opinions of folks that have gone through the fight and have a better understanding of the specifics regulations around certain claims.  Anyone please interject if I am out of line here.  I'm just trying to give the best advice from my experiences.   Good luck and good hunting.