Appeal increase claim for depression and anxiety

[Pamela Voss]

When appealing a depression and anxiety increase claim can you request a specific c & p psychologist?

[GBArmy]

Hi Pamela, Welcome to Hadit. Unfortunately, it more than likely won't work. That would be a scheduling nightmare for the VA if they started trying to fulfill that kind of request. They might even argue that it would be a conflict of interest to have your specific doctor eval you for a compensation evaluation. In other words, he/se would necessarily agree with their own clinical evaluations. If you use the VA for treatment, they should have a copy of it in their files already. If there is a specific report that you wanted them to take particular notice of, you could down load it into to file before the exam.  If you are at 70% or expect to get that higher rating, and if your symptom prevent you from gainful employment, they should also evaluate you (later?) for TDIU. If they don't, and you believe it should be done, request it. Otherwise, if you are going to increase your rating from say, 10 to 30% or 30 to 50%, just be as honest and open about what's going on. If you need it, make notes and bring them with you. Just say tou get too nervous and if you don't have your notes you just freeze up and can't remember important stuff.You can do this. Good luck.

[pacmanx1]

13 hours ago, Pamela Voss said:

When appealing a depression and anxiety increase claim can you request a specific c & p psychologist?

If your psychiatrist is willing to help, you can ask him/her to fill out a DBQ (DISABILITY BENEFIT QUESTIONNAIRE) for you or to write an IMO/IME (INDEPENDENT MEDICAL OPINION/INDEPENDENT MEDICAL EXAM) on your behalf. I had my treating CCP (COMMUNITY CARE PROVIDER) to complete one of my DBQs. If not, the psychiatrist could just write his/her opinion in your treatment/progress notes. The Regional Office may still send you to a new C & P exam after you submit this evidence.

[Berta]

Pamela, I see that you are at 80% now.

We dont know your PTSD rating- and PTSD can certainly get worse over time. And that is what you need to prove, with documented evidence.

You asked:  "can you request a specific c & p psychologist?" and I sgree with what both os our members said above.

However,do you have a private psychologist who treats you?

If so their records would probably be beneficial to your claim.

Has the VA changed your PTSD meds to a higher dosage since the last rating?

Have you applied for and been denied by VA Voc Rehab, since your last rating? and they turned you down solely due to your 80% SCs?

I assume the VA could have sent you the TDIU form when you reached 80% but maybe you were  employed at that time?

Do you have any performance appraisals ,if you have been working, that would reflect a change in your work ability due to PTSD?

Do you get, if unemployed ,SSDI from SSA and,if so, is that solely for the PTSD?

I know--- lots of questions-----I m thinking of what evidence I used to get my husband;s PTSD fom 30 to 100% P & T-for PTSD and

I almost forgot this point:

You said:

You asked:  "can you request a specific c & p psychologist?"-

I did that and was successful- I almost forgot - for years my husband was treated by the Chief of Psychology at the local VAMC-he treated my husband as the Employees's psychologist, even long after my huband no longer worked for the VA. He documented Nothing because he didnt want the VA snooping into employee records  about their therapy with him.

I could understand that but he did not have a clue on PTSD. As matter of fact ( I knew him well) he was stunned when I showed him the posthumous award letter from VA with the 100& P & T rating for PTSD. He even said he had no idea how ill my husband was.

But in my husband's life time I got fed up with the fact that the actual PTSD psychologist was not really treating him and I took aggressive steps to get that fixed. Suddenly everything changed. during the last 2 year of his life this psychoogist ( who also was a Vietnam incountry veteran, )gave him hypnosis, taught him how to hypnotize himself, to sleep better, his PTSD meds were changed, and this doctor  gave him extensive tests ( 6 of them) that revealed the true nature of how "catastrophic" in his final assessment , the PTSD was, and also the testing could separate the PTSD from a 1151 stroke he had suffered due to VA malpractice.

So, I need to answer your question with Yes- as a personal experienece.

His original psychologist refered me to a PTSD " expert" they had at this VA, who wasn't even a doctor- I think, because  I was a Vet Center Volunteer in the 1980s, in the PTSD Combat group ( I am a civilian) and I knew more about PTSD than this socalled "expert", who didnt seem to last long at this VAMC.

My husband had applied for a higher PTSD rating before he died, and for many personal reasons, I had to get aggressive with the VA.The fact that there was no documentation from the other doctor was sure not helpful, but they really didnt talk about PTSD  much at all,anyhow.

I dont know if there is a PTSD doctor at your VAMC who you believe would be more helpful to you for treatment and for a DBQ, that you had in mind.

Another point- his newer doctor after he died, was furious when I showed him the VA's initial denial of his claim after he died, as the VA had failed to consider all of the testing reoords and assessment this doctor had done. He said ' I know the RO had my records, and I will write a letter to them immediately ' and he did- he also gave me a copy of his postmortem assessment of my husband's PTSD, which stated " catastrophic"-which sure didnt surprise me. 

Within  a few weeks the VA reversed their denial- I didnt even have to file a CUE on it.100% P & T  SC PTSD.

I dont know if this will help you or anyone out there, but the VA likes to IGNORE probative evidence, hoping we will accept their legal errors and never challenge the denial.

They almost did that to my daughter- she said the letter was so 'professionally crafted' that someone might actually believe what it said- they -VA Education  Dept ( an oxymoron in this case ) gave her one month of DEA and she had served in  the military for 7 years! The only evidence she had to send with the application was her DD 214.

I used their regulations in the letter against them.

Within three weeks they reversed on the scathing CUE Mommy wrote for her.

NO ONe here should allow the VA to ignore their probative evidence.

 

BS to that.

 

 

 

 

However,do you have a privat

 

 

 

Edited February 27, 2022 by Berta