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Appeal Old Decision


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16 replies to this topic

#1 nsallies

 
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Posted 12 April 2010 - 04:53 AM

I filed original claim in 99, amongst other things I claimed Schizoid Personality Disorder as this clearly listed in my medical records as a diagnosis and after the VA's independant evaluation it was denied. Recently went for an IMO for depression and was listed as Schizoid Personality Disorder. In light of the new law which gives a veterans own Dr the final opinion over the QTC Doctors can I reopen this claim?

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#2 Wings

 
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Posted 12 April 2010 - 06:44 AM

I filed original claim in 99, amongst other things I claimed Schizoid Personality Disorder as this clearly listed in my medical records as a diagnosis and after the VA's independant evaluation it was denied. Recently went for an IMO for depression and was listed as Schizoid Personality Disorder. In light of the new law which gives a veterans own Dr the final opinion over the QTC Doctors can I reopen this claim?


x
x
x

Personality D/O is not compensated.

However, Depression is a compensatable disorder.

~Wings

#3 carlie

 
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Posted 12 April 2010 - 09:16 AM

In light of the new law which gives a veterans own Dr the final opinion over the QTC Doctors can I reopen this claim?


nsallies,

This new law that you are referring to - please post a link to enlighten us.
Thanks,
carlie

#4 john999

 
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Posted 12 April 2010 - 09:21 AM

You need a diagnosis of schizophrenia or depression that you can link to your service. What DX did you get in the service? What kind of discharge did you get? You might be able to get a DX of residuals of schizophrenia which means you don't have to be psychotic. The schizoid PD is not compensable. It means you have chacteristics of schizophrenia but not the actual disorder. It is a fine line. In the military if you are not chewing the carpet they will often give a PD diagnosis.

#5 carlie

 
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Posted 12 April 2010 - 10:36 AM

I filed original claim in 99, amongst other things I claimed Schizoid Personality Disorder as this clearly listed in my medical records as a diagnosis and after the VA's independant evaluation it was denied.


nsallies,

Can you scan or post word for word, exactly what the 1999 Rating Decision
states in the Reasons and Bases Section to support their denial ?
Don't post info like real name, address or SSA number.
That would be helpful.
carlie

#6 MikeR

 
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Posted 12 April 2010 - 10:44 AM

That whole personality disorder diagnosis for everyone so they don't have to pay drives me crazy. They will diagnose a person with 15 years in service with "Adjustment Disorder."

#7 nsallies

 
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Posted 13 April 2010 - 04:59 AM

The DAV VSO just emailed me about it..I dont have a link but get in touch with your local Veterans Service Officer..

#8 Berta

 
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Posted 13 April 2010 - 01:48 PM

"In light of the new law which gives a veterans own Dr the final opinion over the QTC Doctors can I reopen this claim? " Could you clarify what new law this is?

The VA NEVER service connects personality disorder.

Did the IMO doc formally diagnose you with depression?

Or did he/she continue the SPD diagnosis?

Many vets have overcome a PD diagnosis (which is doomsday to SC) by proving they have PTSD or depression or any other MH issue that is service connectable- if there is a service nexus as well.

Are you employed- and if not have you applied for TDIU?

#9 john999

 
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Posted 13 April 2010 - 02:07 PM

The military used to kick out thousands of vets with MH problems under the personality disorder DX. They have been hammered for this over and over again by vet advocates and congress. If you IMO said you have a PD you should get your money back.

#10 carlie

 
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Posted 13 April 2010 - 02:41 PM

I just want to post a correction in this thread.

The only way that I do know that a PD CAN BE SERVICE CONNECTED

is if it is secondary to a head injury during active duty.


This, I know can be done.

carlie

#11 Pete53

 
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Posted 13 April 2010 - 09:22 PM

I have seen Veterans who have a PD get service connected but for another diagnosed condition linked to service. In other words you can be service connected for a mood disorder and also have a PD.

Even if you have a PD does not mean that you can't find another way to skin the cat.

#12 Wings

 
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Posted 13 April 2010 - 10:36 PM

I have seen Veterans who have a PD get service connected but for another diagnosed condition linked to service. In other words you can be service connected for a mood disorder and also have a PD.

Even if you have a PD does not mean that you can't find another way to skin the cat.


x
x
x

That's right Pete. You need to have a primary diagnosis listed on Axis 1. See below. ~Wings

Mental disorders are diagnosed according to a manual published by the American Psychiatric Association called the Diagnostic and Statistical Manual of Mental Disorders (DSM-IV).

A DSM-IV diagnosis has five parts. Each part, called an Axis, gives a different type of information about the diagnosis.

Axis I provides information about clinical disorders. Any mental health conditions, other than personality disorders or mental retardation, would be included here.

Axis II provides information about personality disorders and mental retardation.

Axis III provides information about any medical conditions that are present.

Axis IV is used to describe psychosocial and environmental factors affecting the person.

Axis V is a rating scale called the Global Assessment of Functioning; the GAF goes from 0 to 100 and provides a way to summarize in a single number just how well the person is functioning overall.

#13 nsallies

 
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Posted 14 April 2010 - 04:06 AM

Berta, I am 50% SC for Depression,Anxiety & Agoraphobia and 30% for Severe Migraines. I have not been able to obtain a job since @005. I applied for TDIU because I cant even get a job a Mcdonalds as a janitor (work is work). The VA denied my TDIU claim stating I am employable. I tried Vocational Rehabilitation and although I am eligible they sent me a letter saying it was infeasable as my SC dissabilities would prevent me from gaining and keeping employment. I went for an IMO and it states "severe depression, anxiety.....severe occupational Issues" so I sent a NOD with the IMO and am still waiting.

#14 Pete53

 
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Posted 14 April 2010 - 06:10 AM

Did you copy the Voc Rehab decision and have it included in your paperwork with NOD. That should get you the TDIU right there they can't disagree with themselves.

If I were you I would go to the VARO with copies of the Voc Rehab and talk to someone at the VARO about it.

Sad to say but the VA does not always read the C File.

If you can't get to VARO ask your Service Officer to have their people at the VARO hand walk the copy in and discuss with your rating officer.

Good Luck

#15 carlie

 
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Posted 14 April 2010 - 06:23 AM

In light of the new law which gives a veterans own Dr the final opinion over the QTC Doctors can I reopen this claim?



Does ANYONE know ANYTHING about this supposed,
'new law which gives a veterans own Dr the final opinion over the QTC Doctors ? '

I'm still not buying that there is any new regulation or law that states anything like this.

I would like a link if ANYONE knows of such a new law or regulation.

It would just get the million claim back-log, all caught up ~ lol.
jmho,
carlie

#16 nsallies

 
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Posted 16 April 2010 - 04:42 AM

I had my DAV rep hand walk it in and she wrote back that the VARO will probably do a statement of case around may 2011..RRR..this is the case that originally I opened Aug 08. I wonder if I get a sympathetic US Senator to get involved if it would help? I talked to my area senator and he asked me to fill out a privacy release form for his office and he would get right on it. Would this be a wise choice?

#17 Pete53

 
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Posted 16 April 2010 - 09:05 AM

I know its frustrating but I don't think a Senator will help you. Just surprised that your DAV SO can be so precise?




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