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vickia1969.vets |
Adding depression |
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When we filed my husbands claim we only filed it for PTSD. He was awarded his SSD based on the medical evidence for PTSD and was originally awarded 30% for
PTSD. He was just increased to 50% for his PTSD. All of his Mental health progress notes and his C&P mention depression. The C&P even mentions the
Major Depressive disorder as being secondary to his PTSD. I never filed on the depression since I was in the understanding only one mental disorder would be
rated. However can't his major depressive disorder factor in his whole mental evaluation? I am thinking of adding it since it is there and documented.
Reality is determined not by what scientists or anyone else says or believes but by what the evidence reveals to us.
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justavet.vets |
#1 | |||
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If it is secondary to the PTSD and is noted in his Progress Notes it should have been considered. It is not a different disease, but one caused by the PTSD.
Major Depression is mentioned in the 70% rating criteria.
In my C & P it was never mentioned. However it was mentioned several times in clinical notes. Again, like in my previous posts to you regarding your claim, you need to spell out all the things that were overlooked or incorrectly analyzed in the NOD. A paragraph in new and material evidence may go something like: The veteran has been diagnosed with major depression. This is verified in his Progress Notes (dated) by (Dr name), again on (date) by (Dr name) (and then list every time it mentions depression.) As of the last examination (date), despite using numerous psychotropic agents the effects of the major depression is still debilitating (or present). The C & P exam was remiss in not bringing major depression forward in the examination so the claim could be properly rated. (You should use the doctors words because you can not give a medical opinion. I am basing this on what you have said is in his med records).
Vietnam '67 - '68
11B |
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vickia1969.vets |
#2 | |||
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I will thank you. I am expecting a letter soon from thr VA asking about the NOD. I think it should ask about a DRO review??
Reality is determined not by what scientists or anyone else says or believes but by what the evidence reveals to us.
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2581blue |
#3 | |||
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vic,
It is irrelevant if the MDD is added or not. You can only be compensated for one mental diagnosis, even though several could be diagnosed. Blue |
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justavet.vets |
#4 | |||
vickia1969 wrote:When you filed did you just write a one line disagreement? Something like I hereby am filing an NOD with your rating for PTSD at 50% dated such and such? Or did you give them the reasons your are appealing? To answer the question. Yes they will send you a letter asking if you want a DRO review and a DRO hearing or the standard appeal process. You can select just the review and not the hearing or both. By the way how is the dog?
Vietnam '67 - '68
11B |
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justavet.vets |
#5 | |||
2581blue wrote: That is correct and why I stated it should be
part of the PTSD claim as there is a nexus between the depression and the PTSD.
Vietnam '67 - '68
11B |
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vickia1969.vets |
#6 | |||
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The dog is great he really is. He still tries to get things to chew even with his new "chew toys" Catch him carrying shoes with a very nice prance in
his step. He gets caught right away. I keep my shoes away but my husband doesn't.
So would I be wasting time? Reality is determined not by what scientists or anyone else says or believes but by what the evidence reveals to us.
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brianwl |
#7 | |||
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Something to keep in mind is that depression is part of any PTSD diagnosis. The severity of the depression and other symptoms needs to be documented to show
the severity of the PTSD.
Blue is correct, one can only be compensated for one Psych disorder but multiple disorders can and should be identified to show the severity of the main/underlying disorder. Brian E-6 USAF Ch 61 Ret 80% IU/P&T SC SSDI "A veteran - whether active duty, retired, national guard, or reserve - is someone who, at one point in his or her life, wrote a blank check made payable to The 'United States of America', for an amount of 'up to and including my life.'" (Author unknown)
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justavet.vets |
#8 | |||
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I though my dog was over chewing things till I found him chewing the main support for a wall to wall book case. Oh well.
Wasting time as a separate claim would not make any sense. I am assuming that the depression is part of the PTSD issue. You really need to have that NOD state your case. Point by point why he is deserving the higher rating. I will share with you here what I included on just the first page of my NOD. I am in disagreement in your rating evaluation of 50% for Posttraumatic Stress Disorder (PTSD).
I believe a higher rating is warranted based upon the medical evidence in the possession of the Department of Veterans Administration at the time the claim was rated. This information was not accessed despite a request from the claimant for it to be considered. Additionally, I am submitting new and material evidence that eliminates all doubt a higher rating is warranted.
The claimant requested the VA in March, 2009 to have "all medical records of treatment up to March 24, 2009 by Dr.(redacted) included as part of this claim." (Enclosure). In spite of the claimant's request, it appears no medical records were requested by the VA Regional Office. They are not included in the evidence used in the decision. Had the VA met its obligation under its duty to assist, the clinical (progress) notes are evidence of the severity of the claimant's symptoms and would have resulted in a higher rating. There are significant symptoms listed by the claimant's treating psychiatrist in medical records of the VA including the following: ------------- here I wrote word for word the symptoms that the shrink said I had... Anyway, I hope you see my point. You must bring to their attention not only the fact you think they screwed up, but each and every place they did screw up and you have to do it chapter and verse.
Vietnam '67 - '68
11B |
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Ilyanir |
#9 | |||
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File for the depression and request an increase for his PTSD. Whichever comes out the highest of the two evaluations will be the percentage that you will be
compensated for. As Brian and the other people have said you can only be compensated for one mental health issue (whichever is the highest) even though you
might have multiple issues.
"A man must know his destiny. if he does not recognize it, then he is lost. By this I mean, once,
twice, or at the very most, three times, fate will reach out and tap a man on the shoulder. if he has the imagination, he will turn around and fate will point
out to him what fork in the road he should take, if he has the guts, he will take it." Gen. George S. Patton
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