Suffering form TBI migraine and tinnitus (service connected) going to see mental health at the va for depression and anxiety issues that’s I feel are the cause of my current disabilities can I file for mental health already or do I wait to see mental health at the va
Sorry to hear you are having these difficulties. This is a difficult question to answer. Mental health claims are supposed to be within the scope of TBI claims, however, the VA commonly fails to infer the claims. With this in mind, we would strongly recommend expressly claiming “mental health with depression and anxiety secondary to TBI.” If the VA awards service connection for the mental health, it’s possible they give you an effective date from the date of the mental health filing instead of the TBI filing. If that happens, you will need to appeal the effective date. While that’s a potential headache, the most important thing is establishing service connection, and the best way to accomplish that is to expressly claim the condition. All the best!
@@VADisabilityGroup so the best plan of action would be to file MH claim secondary to my existing TBI connection? Also I have not been diagnosed although I’m 100% positive that I’m suffering form depression and anxiety, should I wait till i get seen through the va psychiatrist for MH first and put a intent to file ?
Correct. File mental health secondary to TBI. Filing an intent to file while obtaining an initial diagnosis would be the best approach, but just be careful to not miss the 1-year deadline. Anxiety and depression are quite common following a TBI. It’s a medically accepted principle that depression and anxiety commonly follow TBI’s.
@@VADisabilityGroup thank you so much for your help Im going to see VA MH tomorrow finally getting the help I need it’s been years I’ve been putting it off thank you for your information
I got out in 2011. Started seeing a VA psychiatrist in 2016 to present. Been prescribed several medications. Took my C&P exam and cried during it. Think my chances are good?
We are sorry events from the military are stirring that much emotion. Yes, usually under similar fact patterns we tend to see good results. Examiner’s are human and can be influenced by crying like any other human. Good luck!
@@VADisabilityGroup can I ask something else? Say the C&P examiner was very sympathetic to me. It was over a zoom call by the way. But he seemed to understand and even said “I don’t even think we even need to do this exam” at one point. Can the VA still screw me even though he puts a recommendation of, say 70%? And what would be the reason for them doing that? Isn’t the C&P exam pretty much carry the most weight on all this? Thanks again for responding
Generally, the c&p exam is the most probative factor in establishing service connection. However, keep in mind the examiner must still look at the totality of the records. For example, if the examiner states you were assaulted while stationed at Fort Benning while in active duty and that is the cause of your mental health diagnosis, the adjudicator will at least want to confirm you were actually stationed at Fort Benning to confirm the veracity of the underlying stressor. However, to answer your question, yes, generally the c&p exam report is the most important piece of evidence in the adjudicative process. All the best!
@@VADisabilityGroupcool. Thanks again for the replies. I did my exam Jan 27th. So I guess I have a little or allot of time to wait. Very stressful period right now.
Im already service connected for Adjustment disorder with depression and anxiety at 30% i put in for an increase. I submitted a dbq from my va appointment Psych, 3 buddy letters, and the basic dd214 , blue button report etc. My telehealth c&p exam is coming up. Will this examiner make his own nexus and dbq ?
Usually the examiner will merely assess the severity of your symptoms with a DBQ type of report used by VA contracted examiners. If you are already service connected, then a nexus should not be addressed because that’s already conceded. Bottom line…focus on your occupational and social impairment symptoms during your exam. You don’t need to prove your condition was caused by your military service as that is already established. Good luck!
Typically, if you are awarded service connection on a theory of aggravation of a preexisting condition, the VA is required to ascertain the degree of disability before you joined the military and assign a respective evaluation of your symptoms before joining (let’s say 20% disabled from anxiety disorder before joining). If your current symptoms are 70%, they may reduce the current evaluation by the preexisting 20% and award you a 50% evaluation. However, keep in mind that 99% of veterans who went on active duty would’ve joined the military with no symptoms because they wouldn’t have let them in if they were symptomatic. With this in mind, there should be zero off-setting in evaluation as most servicemembers are presumed to be in sound health when entering active duty. Hope that helps. Thanks for the question!
Hello, so just to confirm of what I understood at the beggining of the video. Im in active duty still about to start the medboard process I am already diagnosed with PTSD due to some stuff that happened while deployed. My question is does losing close relatives while being on active duty would be a service connected event that could help the outcome of the rating if mentioned? I unfortunely lost my father, mother and sibling a couple of years ago while I was deployed I dont really like talking about it but it would benefit me if i was to bring it up or should i just focus in the deployment events? Thanks in advance for your response and great information on this channel.
If you are already service connected with PTSD, then you should be good to go as long as you didn't have a mental health condition documented before entering active duty. Yes, the death of your family members can suffice as a valid stressor for PTSD purposes. Unlike combat, where the stressor is conceded, a non-combat stressor needs to be verified. Well, a death certificate and statement that these were your family members should be more than adequate. Sorry for your loss That's a hard pill to swallow. Be well. Hope that helps!
I am claiming aggravated depression secondary to service-connected degenerative knee arthritis because I checked depression on my entry physical. How much weight will my preservice disclosure have in compromising my claim? I have no in service treatment but will have a buddy statement attesting to increased issues.
It could provide some challenge, however, that is not a definitive issue. You have the foresight to tie the aggravation of depression to your service-connected condition. Seeking treatment for mental health, completing a symptom log, and obtaining a doctor's opinion would help bolster your claim further. A buddy statement is also helpful. It sounds like you are on the right path.
QUESTION: Can my current therapist write my Nexus letter to provide to the upcoming C&P examiner? I am seeing them at the Vet Center and I found out they are not a psychologist or psychiatrist but rather a Masters level counselor. And if not, how best to go about getting a Nexus statement though I’ve been deployed twice in combat and have the diagnosis for PTSD. It is,not advised to be seeing multiple therapists I was told.
Generally, for VA purposes a psychiatrist or psychologist must give the diagnosis in order for it to be used by the VA adjudicator. It's not uncommon a BVA judge will grant benefits based on a counselor's diagnosis alone, but the VA adjudicators will not. This is because a BVA judge and VA adjudicator are held to different evidentiary standards. The VA has an internal guide known as the "manual rewrite" that dictates adjudicative parameters. We don't agree with this, but that's the status quo at this time. Undoubtedly, a therapist's nexus letter will be helpful. And yes, you should bring it into your C&P exam and also send it to the VA. I strongly encourage you to obtain a diagnosis from a licensed psychologist. There are companies that provide this service. We highly recommend Vet Resource Group to assist with obtaining the nexus letter from a licensed psychologist (vetresourcegroup.com/). Their prices are reasonable and their professionals are familiar with the necessary language. All the best!
@@VADisabilityGroup Does the Psychologist that does your C&P exam count as a diagnosis from a Doctor for purposes of rating your claim? My only diagnosis has come from a Masters Level counselor as well and I have never seen a Psychologist. Thank you.
This gets tricky. As a general rule, Veteran's cannot receive compensation for alcohol induced injuries on active duty. However, there are exceptions. If a service connected condition caused you to drink the alcohol that led to the accident, then you would have a viable claim. We have successfully argued such many times. It's an uphill fight though. For example, we had a veteran with hepatitis. The examiner and adjudicator determined the hepatitis was from illicit active duty needle/drug usage, so it wasn't compensable. In response, we demonstrated the drug use was in response to his PTSD and therefore the subsequent hepatitis should also be service connected. Another example is self-medicating PTSD with alcohol and then getting into a car accident hitting a tree. We have actually had a very specific case almost identical to the fact pattern you suggest and were successful on appeal as we demonstrated the illicit alcohol use was to self-medicate the PTSD, so the injuries stemming from the auto accident should be service-connected. The judge agreed. Again though, this can be an uphill battle. You must demonstrate the drug/alcohol use was because of an underlying condition caused by the military service. All the best.
We hesitate to answer definitively as to what the reviewer will decide in your claim. Treatment records, mental health symptom logs, buddy statements, Medical opinions, etc., will all play a roll in what the outcome will be. In the meantime, continue to receive treatment and track your symptoms as you await a decision. Here is a link to our printable symptom log: vadisabilitygroup.com/symptom-logs/ Hang in there!
Great breakdown, thank you. I won't claim this because I fear lising my rights to own firearms. I served 16 years as a paratrooper, and weapons are important to me. Im no threat to anyone, but dont trust gov to maintain my 2A freedom.
This is a common concern we hear routinely from Veterans. Whatever it's worth, we've never seen a single weapon taken from a Veteran in the thousands of cases we've represented. However, that obviously isn't to suggest it can't happen, but it's exceedingly rare. Try listening to this video for more insight on Veterans and gun ownership: ruclips.net/video/5CWykpyKUME/видео.htmlsi=R-G3UM8wSyQHk1Sr We would encourage you to file a claim for mental health if you believe you have symptoms attributable to the military, but ultimately it's your decision. Best of luck in whatever you do!
This gets tricky. If you were wrongly convicted you would likely have a case. However, usually if you are convicted under UCMJ you are ineligible for benefits because of your discharge type. The other possibility is if you have multiple periods of service you could claim disabilities from the periods of service labeled honorable by the VA. Hopes that helps!
Like the way you attacked the subject matter. Quick, fast and to the point. "like a young man coming in for a quickie" great job.
lollll
Brevity!
KGB from Rounders
Great video thanks for the info
You're welcome! Stay tuned, we have a new video every week!
Thank you for this
You are welcome. And thank you for watching!
Spence, thanks.
Suffering form TBI migraine and tinnitus (service connected) going to see mental health at the va for depression and anxiety issues that’s I feel are the cause of my current disabilities can I file for mental health already or do I wait to see mental health at the va
Sorry to hear you are having these difficulties.
This is a difficult question to answer. Mental health claims are supposed to be within the scope of TBI claims, however, the VA commonly fails to infer the claims. With this in mind, we would strongly recommend expressly claiming “mental health with depression and anxiety secondary to TBI.”
If the VA awards service connection for the mental health, it’s possible they give you an effective date from the date of the mental health filing instead of the TBI filing. If that happens, you will need to appeal the effective date. While that’s a potential headache, the most important thing is establishing service connection, and the best way to accomplish that is to expressly claim the condition.
All the best!
@@VADisabilityGroup so the best plan of action would be to file MH claim secondary to my existing TBI connection? Also I have not been diagnosed although I’m 100% positive that I’m suffering form depression and anxiety, should I wait till i get seen through the va psychiatrist for MH first and put a intent to file ?
Correct. File mental health secondary to TBI. Filing an intent to file while obtaining an initial diagnosis would be the best approach, but just be careful to not miss the 1-year deadline.
Anxiety and depression are quite common following a TBI. It’s a medically accepted principle that depression and anxiety commonly follow TBI’s.
@@VADisabilityGroup thank you so much for your help Im going to see VA MH tomorrow finally getting the help I need it’s been years I’ve been putting it off thank you for your information
Of course. Be well!
I got out in 2011. Started seeing a VA psychiatrist in 2016 to present. Been prescribed several medications. Took my C&P exam and cried during it. Think my chances are good?
We are sorry events from the military are stirring that much emotion. Yes, usually under similar fact patterns we tend to see good results. Examiner’s are human and can be influenced by crying like any other human.
Good luck!
@@VADisabilityGroup can I ask something else? Say the C&P examiner was very sympathetic to me. It was over a zoom call by the way. But he seemed to understand and even said “I don’t even think we even need to do this exam” at one point. Can the VA still screw me even though he puts a recommendation of, say 70%? And what would be the reason for them doing that? Isn’t the C&P exam pretty much carry the most weight on all this? Thanks again for responding
Generally, the c&p exam is the most probative factor in establishing service connection. However, keep in mind the examiner must still look at the totality of the records. For example, if the examiner states you were assaulted while stationed at Fort Benning while in active duty and that is the cause of your mental health diagnosis, the adjudicator will at least want to confirm you were actually stationed at Fort Benning to confirm the veracity of the underlying stressor.
However, to answer your question, yes, generally the c&p exam report is the most important piece of evidence in the adjudicative process.
All the best!
@@VADisabilityGroupcool. Thanks again for the replies. I did my exam Jan 27th. So I guess I have a little or allot of time to wait. Very stressful period right now.
Hang in there!
Im already service connected for Adjustment disorder with depression and anxiety at 30% i put in for an increase. I submitted a dbq from my va appointment Psych, 3 buddy letters, and the basic dd214 , blue button report etc. My telehealth c&p exam is coming up. Will this examiner make his own nexus and dbq ?
Usually the examiner will merely assess the severity of your symptoms with a DBQ type of report used by VA contracted examiners. If you are already service connected, then a nexus should not be addressed because that’s already conceded. Bottom line…focus on your occupational and social impairment symptoms during your exam. You don’t need to prove your condition was caused by your military service as that is already established.
Good luck!
@@VADisabilityGroup thank you.
What about a prior to service disorder that has a service connected aggravation?
Typically, if you are awarded service connection on a theory of aggravation of a preexisting condition, the VA is required to ascertain the degree of disability before you joined the military and assign a respective evaluation of your symptoms before joining (let’s say 20% disabled from anxiety disorder before joining). If your current symptoms are 70%, they may reduce the current evaluation by the preexisting 20% and award you a 50% evaluation.
However, keep in mind that 99% of veterans who went on active duty would’ve joined the military with no symptoms because they wouldn’t have let them in if they were symptomatic. With this in mind, there should be zero off-setting in evaluation as most servicemembers are presumed to be in sound health when entering active duty. Hope that helps.
Thanks for the question!
Hello, so just to confirm of what I understood at the beggining of the video. Im in active duty still about to start the medboard process I am already diagnosed with PTSD due to some stuff that happened while deployed. My question is does losing close relatives while being on active duty would be a service connected event that could help the outcome of the rating if mentioned? I unfortunely lost my father, mother and sibling a couple of years ago while I was deployed I dont really like talking about it but it would benefit me if i was to bring it up or should i just focus in the deployment events?
Thanks in advance for your response and great information on this channel.
If you are already service connected with PTSD, then you should be good to go as long as you didn't have a mental health condition documented before entering active duty. Yes, the death of your family members can suffice as a valid stressor for PTSD purposes. Unlike combat, where the stressor is conceded, a non-combat stressor needs to be verified. Well, a death certificate and statement that these were your family members should be more than adequate.
Sorry for your loss That's a hard pill to swallow. Be well.
Hope that helps!
I am claiming aggravated depression secondary to service-connected degenerative knee arthritis because I checked depression on my entry physical. How much weight will my preservice disclosure have in compromising my claim? I have no in service treatment but will have a buddy statement attesting to increased issues.
It could provide some challenge, however, that is not a definitive issue. You have the foresight to tie the aggravation of depression to your service-connected condition. Seeking treatment for mental health, completing a symptom log, and obtaining a doctor's opinion would help bolster your claim further. A buddy statement is also helpful. It sounds like you are on the right path.
@@VADisabilityGroup A symptom log wasn't part of my plan but will be now, thank you.
QUESTION: Can my current therapist write my Nexus letter to provide to the upcoming C&P examiner? I am seeing them at the Vet Center and I found out they are not a psychologist or psychiatrist but rather a Masters level counselor. And if not, how best to go about getting a Nexus statement though I’ve been deployed twice in combat and have the diagnosis for PTSD. It is,not advised to be seeing multiple therapists I was told.
Generally, for VA purposes a psychiatrist or psychologist must give the diagnosis in order for it to be used by the VA adjudicator. It's not uncommon a BVA judge will grant benefits based on a counselor's diagnosis alone, but the VA adjudicators will not. This is because a BVA judge and VA adjudicator are held to different evidentiary standards. The VA has an internal guide known as the "manual rewrite" that dictates adjudicative parameters. We don't agree with this, but that's the status quo at this time.
Undoubtedly, a therapist's nexus letter will be helpful. And yes, you should bring it into your C&P exam and also send it to the VA.
I strongly encourage you to obtain a diagnosis from a licensed psychologist. There are companies that provide this service. We highly recommend Vet Resource Group to assist with obtaining the nexus letter from a licensed psychologist (vetresourcegroup.com/). Their prices are reasonable and their professionals are familiar with the necessary language.
All the best!
@@VADisabilityGroup Does the Psychologist that does your C&P exam count as a diagnosis from a Doctor for purposes of rating your claim? My only diagnosis has come from a Masters Level counselor as well and I have never seen a Psychologist. Thank you.
Would crashing your car into a tree and getting a dui during active duty be a suitable service connected connection?
This gets tricky. As a general rule, Veteran's cannot receive compensation for alcohol induced injuries on active duty. However, there are exceptions. If a service connected condition caused you to drink the alcohol that led to the accident, then you would have a viable claim. We have successfully argued such many times. It's an uphill fight though.
For example, we had a veteran with hepatitis. The examiner and adjudicator determined the hepatitis was from illicit active duty needle/drug usage, so it wasn't compensable. In response, we demonstrated the drug use was in response to his PTSD and therefore the subsequent hepatitis should also be service connected.
Another example is self-medicating PTSD with alcohol and then getting into a car accident hitting a tree. We have actually had a very specific case almost identical to the fact pattern you suggest and were successful on appeal as we demonstrated the illicit alcohol use was to self-medicate the PTSD, so the injuries stemming from the auto accident should be service-connected. The judge agreed.
Again though, this can be an uphill battle. You must demonstrate the drug/alcohol use was because of an underlying condition caused by the military service.
All the best.
@@VADisabilityGroup Thank you so much.
So does a psychologist or psychiatrist hold more weight for a medical opinion
Doesn’t really make a difference. They carry equal probative weight.
I only have 1 box checked for the 70 percent . Will I get it ??? Neglect of personal hygiene.
Please respond, Thanks.
We hesitate to answer definitively as to what the reviewer will decide in your claim. Treatment records, mental health symptom logs, buddy statements, Medical opinions, etc., will all play a roll in what the outcome will be. In the meantime, continue to receive treatment and track your symptoms as you await a decision.
Here is a link to our printable symptom log: vadisabilitygroup.com/symptom-logs/
Hang in there!
i under reported my symptoms and they awarded me 100 without waiting.
Glad to hear that you had a positive outcome. It is refreshing! Be well!
Great breakdown, thank you. I won't claim this because I fear lising my rights to own firearms. I served 16 years as a paratrooper, and weapons are important to me. Im no threat to anyone, but dont trust gov to maintain my 2A freedom.
This is a common concern we hear routinely from Veterans. Whatever it's worth, we've never seen a single weapon taken from a Veteran in the thousands of cases we've represented. However, that obviously isn't to suggest it can't happen, but it's exceedingly rare.
Try listening to this video for more insight on Veterans and gun ownership: ruclips.net/video/5CWykpyKUME/видео.htmlsi=R-G3UM8wSyQHk1Sr
We would encourage you to file a claim for mental health if you believe you have symptoms attributable to the military, but ultimately it's your decision.
Best of luck in whatever you do!
can being put in the brig and being punished to bread and water and hard labor give you PTSD
This gets tricky. If you were wrongly convicted you would likely have a case. However, usually if you are convicted under UCMJ you are ineligible for benefits because of your discharge type.
The other possibility is if you have multiple periods of service you could claim disabilities from the periods of service labeled honorable by the VA.
Hopes that helps!
You talk to fast !!! 🎉🎉😂 Thanks
Spencer is a talented orator! So glad you appreciate his high word-per-second count. We do, too!