I’ve been rated twice for Mental Disorder. Please Help!

M

Manny30

PEB Forum Regular Member
Registered Member
Hi all,

Hope everyone is well! So, I got rated Twice for Mental Disorder. I have 70% for Unspecified Depressive Disorder, alcohol use disorder, moderate insomnia and 30% for Anxiety Disorder not otherwise specified (claimed as sleeping problems and loss of memory). But I don’t think the VA is taking the 30% into consideration (counting basically) and I’m wondering what should I do? I’m at 90% now and if the VA adds the 30% I’ll be at 100%. Please help.
 
It honestly sounds like keeping them separate is giving you more than you would have if they were combined. The 30% means the anxiety disorder is causing some but not much occupational and social impairment. If they combined that with the 70% which is significant impairment, then it is very unlikely to increase the rating. THe only thing it goes to is TOTAL occupational and social impairment which you have never been rated so far. I’d say there is no chance for the 30 to combine with the 70 disorder and make 100% unless something has significantly changed with your disorders. Maybe apply for IU if working is particularly difficult.
 
They are supposed to combine all mH disorders into one rating to avoid “pyramiding”. It’s VA policy. You should not have recieved two MH ratings.

I’m 70% for MDD, anxiety NOS, and borderline personality disorder. 3 things, one rating.
 
Manny30 said:
Hi all,

Hope everyone is well! So, I got rated Twice for Mental Disorder. I have 70% for Unspecified Depressive Disorder, alcohol use disorder, moderate insomnia and 30% for Anxiety Disorder not otherwise specified (claimed as sleeping problems and loss of memory). But I don’t think the VA is taking the 30% into consideration (counting basically) and I’m wondering what should I do? I’m at 90% now and if the VA adds the 30% I’ll be at 100%. Please help.
Click to expand...
Welcome to the PEB Forum! :)

As based only upon the information provided in your above thread in reference to using the DoVA Combined Ratings Table, disability ratings are not additive. As such, if a Veteran has one disability rated 60% and a second disability 20%, the combined rating is not 80%. In accordance with 38 CFR §4.25 VASRD, it states "Table I, Combined Ratings Table, results from the consideration of the efficiency of the individual as affected first by the most disabling condition, then by the less disabling condition, then by other less disabling conditions, if any, in the order of severity."

First, I would suggest re-calculating all of your VA disability ratings from highest to lowest using the DoVA Combined Ratings Table at 38 CFR VASRD §4.25 to actually validate your assumption. Basically, a 90% rating combined with a 30% rating yields a 93% rating. But, the total combined rating or the final degree of disability (as referenced in §4.25) will be rounded down to 90% since it must be converted to the nearest degree divisible by 10. So, using the DoVA Combined Ratings Table would seem to match your total combined rating of 90% at this particular point in time.

Secondly, a mental illness can often result from a military service-connected physical condition. As such, anxiety is often secondary to physical pain; therefore, it can be linked to your physical condition(s). Moreover, veterans often develop secondary mental conditions as a result of a physical disability caused on military active duty. If you have a service-connected physical disability that resulted in depression or some other mental ailment, you are entitled to an additional disability rating for your mental illness. This is called "secondary service connection" because your second condition, the mental illness, was caused by your primary physical disability, for which you were awarded DoVA compensation.

Hmm, is this applicable in your own specific medical situation? Was your Anxiety Disorder NOS (claimed as sleeping problems and loss of memory) awarded as a secondary service connection for a mental illness? Take care!

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer!"

Best Wishes!
 
Oxymoron said:
It honestly sounds like keeping them separate is giving you more than you would have if they were combined. The 30% means the anxiety disorder is causing some but not much occupational and social impairment. If they combined that with the 70% which is significant impairment, then it is very unlikely to increase the rating. THe only thing it goes to is TOTAL occupational and social impairment which you have never been rated so far. I’d say there is no chance for the 30 to combine with the 70 disorder and make 100% unless something has significantly changed with your disorders. Maybe apply for IU if working is particularly difficult.
Click to expand...
I will have to call the Regional Office and see what they tell me, because I truly believe they are not calculating it correctly.
Thanks for the information! Have a blessed day.
 
Warrior644 said:
Welcome to the PEB Forum! :)

As based only upon the information provided in your above thread in reference to using the DoVA Combined Ratings Table, disability ratings are not additive. As such, if a Veteran has one disability rated 60% and a second disability 20%, the combined rating is not 80%. In accordance with 38 CFR §4.25 VASRD, it states "Table I, Combined Ratings Table, results from the consideration of the efficiency of the individual as affected first by the most disabling condition, then by the less disabling condition, then by other less disabling conditions, if any, in the order of severity."

First, I would suggest re-calculating all of your VA disability ratings from highest to lowest using the DoVA Combined Ratings Table at 38 CFR §4.25 VASRD to actually validate your assumption. Basically, a 90% rating combined with a 30% rating yields a 93% rating. But, the total combined rating or the final degree of disability (as referenced in §4.25) will be rounded down to 90% since it must be converted to the nearest degree divisible by 10. So, using the DoVA Combined Ratings Table would seem to match your total combined rating of 90% at this particular point in time.

Secondly, a mental illness can often result from a military service-connected physical condition. As such, anxiety is often secondary to physical pain; therefore, it can be linked to your physical condition(s). Moreover, veterans often develop secondary mental conditions as a result of a physical disability caused on military active duty. If you have a service-connected physical disability that resulted in depression or some other mental ailment, you are entitled to an additional disability rating for your mental illness. This is called "secondary service connection" because your second condition, the mental illness, was caused by your primary physical disability, for which you were awarded DoVA compensation.

Hmm, is this applicable in your own specific medical situation? Was your Anxiety Disorder NOS (claimed as sleeping problems and loss of memory) awarded as a secondary service connection for a mental illness? Take care!

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer!"

Best Wishes!
Click to expand...
Hi Warrior644,

Thank you for the warm welcome!

So my disability breakdown is as follow:
Unspecified Depression - 70%
Anxiety (claimed as sleep problems and memory loss) - 30% - “Not awarded as a secondary condition”
Migraine - 30%
Neck - 20%
L wrist - 10%
R Wrist - 10%
Lower Back - 10%
GERD - 10%
Feet & Finger Fungus - 10%
Acne - 10%
Razor Bumps - 10%
R Shoulder - 10%

I’ve done the calculation about 6 times on different va calculators that I found on google. I spoke with a representative from the Regional Office and they are currently doing an Audit in regards to this issue and I was told that if I’m correct they will backpay me. I do not know what else to do, but wait until they reach out to me.

Thank you for all your help & God bless!

Thanks,
Manny
 
The combining of MH benefits in to the highest rating is the norm. VA benefits are based on lost functioning. It would be impossible, in most cases, to parse out the lost earning capacity among each comorbid MH conditions. So the VA rates "occupational and social functioning" for all MH conditions and compensates on that basis. It is the only method that is fair to Veterans with multiple MH diagnoses.
 
Manny30 said:
Hi Warrior644,

Thank you for the warm welcome!

So my disability breakdown is as follow:
Unspecified Depression - 70%
Anxiety (claimed as sleep problems and memory loss) - 30% - “Not awarded as a secondary condition”
Migraine - 30%
Neck - 20%
L wrist - 10%
R Wrist - 10%
Lower Back - 10%
GERD - 10%
Feet & Finger Fungus - 10%
Acne - 10%
Razor Bumps - 10%
R Shoulder - 10%

I’ve done the calculation about 6 times on different va calculators that I found on google. I spoke with a representative from the Regional Office and they are currently doing an Audit in regards to this issue and I was told that if I’m correct they will backpay me. I do not know what else to do, but wait until they reach out to me.

Thank you for all your help & God bless!

Thanks,
Manny
Click to expand...
Hello and indeed, you are welcome! :)

Since your Anxiety NOS disability wasn't awarded as a secondary mental condition as a result of a physical disability, it would seem that your total combined rating or final degree of disability (as referenced in §4.25) of 90% may be valid in accordance with 38 CFR VASRD §4.25 Combined ratings table.

As such, if you suffer from more than one mental disorder but the symptoms from each illness are similar, then you will receive one disability rating for DoVA compensation as mentioned by @chaplaincharlie in the above #7 message of this thread.

However, via a historical knowledge perspective, it would be interesting to know your official outcome as a direct result of the VA audit upon receipt of any updated information from the DoVA Regional Office. Take care!

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer!"

Best Wishes!
 
chaplaincharlie said:
The combination of rating is guided by the CFR.
Click to expand...
Indeed, that's a very good catch! I annotated the wrong location of 38 CFR VASRD §4.130 in my reply #8 message. Therefore, reply #8 has been updated to reflect the correct reference of 38 CFR VASRD §4.25 as previously mentioned in my reply #4 message.

As such, thank you Mike; I truly appreciate your eagle eyes in support of our continuation to provide the PEBFORUM with sound insightful information! Again, thanks! Take care!

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer!"

Best Wishes!
 
Warrior644 said:
Indeed, that's a very good catch! I annotated the wrong location of 38 CFR VASRD §4.130 in my reply #8 message. Therefore, reply #8 has been updated to reflect the correct reference of 38 CFR VASRD §4.25 as previously mentioned in my reply #4 message.

As such, thank you Mike; I truly appreciate your eagle eyes in support of our continuation to provide the PEBFORUM with sound insightful information! Again, thanks! Take care!

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer!"

Best Wishes!
Click to expand...
I did an IRIS Inquiry. So, I guess I’ll just have to wait for their reply and see what they tell me. Thank you both for the help.
 
Manny30 said:
I did an IRIS Inquiry. So, I guess I’ll just have to wait for their reply and see what they tell me. Thank you both for the help.
Click to expand...
Indeed, good deal; that's definitely being "positively proactive" for sure!

In retrospect, the Web Automated Reference Material System (WARMS), M27-1 Benefits Assistance Service Procedures, Part V. Access and Business Applications, Chapter 3 - Inquiry Routing and Information System (IRIS), Subsection 3. Timeliness Standard for Responses and Reports, 3a. Timeliness Standard for IRIS Responses states...

"The timeliness standard for responding to IRIS inquiries is five business days, starting the business day after the receipt of the inquiry as recommended by the Office of the Inspector General. If we cannot provide a reply with a complete response within the five business day, an interim response is required.

This standard is automatically programmed into the IRIS application."

With that all said, hopefully you shall actually receive your IRIS inquiry response as referenced in the DoVA WARMS with a topic Change Date of September 14, 2017. No worries and you are welcome. Take care!

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer!"

Best Wishes!
 
Warrior644 said:
Indeed, that's a very good catch! I annotated the wrong location of 38 CFR VASRD §4.130 in my reply #8 message. Therefore, reply #8 has been updated to reflect the correct reference of 38 CFR VASRD §4.25 as previously mentioned in my reply #4 message.

As such, thank you Mike; I truly appreciate your eagle eyes in support of our continuation to provide the PEBFORUM with sound insightful information! Again, thanks! Take care!

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer!"

Best Wishes!
Click to expand...
@Warrior644,

You give me too much credit. I did not catch any error, I was simply linking to the chart that would allow the original poster the opportunity to calculate his own final percentage. Blessing to you in 2018 brother, @Warrior644.
 
chaplaincharlie said:
@Warrior644,

You give me too much credit. I did not catch any error, I was simply linking to the chart that would allow the original poster the opportunity to calculate his own final percentage. Blessing to you in 2018 brother, @Warrior644.
Click to expand...
Okay albeit I shall give you credit for ultimately guiding me to revise a previous reply message within this thread. ;)

Indeed, blessings are extended to you in the 2019 calendar year also! Thanks and take care, brother! :)

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer!"

Best Wishes!
 
Here is a link to a combined ratings calculator. The 30% for anxiety will not be included in the calculations due to anti-pyamiding rules. It is entirely possible to have multiple ratings for mental health conditions due to varying rules such as service-connection etc.

Here is what the rating should be: 92.768% rounding down to 90%

Since they are trying to hit you with anxiety due to sleep related conditions, have your requested a sleep study or have you been seen by sleep medicine? This seems like it would be the easiest way to get past the 95% threshold.
 
gsfowler said:
Here is a link to a combined ratings calculator. The 30% for anxiety will not be included in the calculations due to anti-pyamiding rules. It is entirely possible to have multiple ratings for mental health conditions due to varying rules such as service-connection etc.

Here is what the rating should be: 92.768% rounding down to 90%

Since they are trying to hit you with anxiety due to sleep related conditions, have your requested a sleep study or have you been seen by sleep medicine? This seems like it would be the easiest way to get past the 95% threshold.
Click to expand...
Hi,

Thanks for the information! I did a sleep study and the VA doctor told me everything was good even though I hardly slept that day. He told me that my breathing is good but my snoring is probably caused by something else. Can I claim my Anxiety as a secondary disability?
 
Warrior644 said:
Okay albeit I shall give you credit for ultimately guiding me to revise a previous reply message within this thread. ;)

Indeed, blessings are extended to you in the 2019 calendar year also! Thanks and take care, brother! :)

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer!"

Best Wishes!
Click to expand...
Hi Warrior644,

Can I claim my Anxiety (claim as sleeping problems and memory loss) as a secondary to my depression?
 
The rating for anxiety is mental health and it will be combined with the remainder of your mental health conditions. 70% is what you say they rated you at. To get to 100% you must have:

Total occupational and social impairment, due to such symptoms as: gross impairment in thought processes or communication; persistent delusions or hallucinations; grossly inappropriate behavior; persistent danger of hurting self or others; intermittent inability to perform activities of daily living (including maintenance of minimal personal hygiene); disorientation to time or place; memory loss for names of close relatives, own occupation, or own name.
 
Manny30 said:
Hi Warrior644,

Can I claim my Anxiety (claim as sleeping problems and memory loss) as a secondary to my depression?
Click to expand...
Hello Manny30,

Well, you can submit a DoVA disability claim for any medical condition and/or submit a DoVA NOD appeal upon receipt of the DoVA ratings decision letter if you are in disagreement at that particular point in time. As such, please remember that the medical evidence and/or medical documentation must support such a DoVA claim or DoVA appeal while the DoVA Rating Agency will adjudicate the aforementioned in accordance with its applicable DoVA regulations.

Albeit in your particular situation with the Unspecified Depressive Disorder at 70% and an Anxiety NOS diagnosis at 30%, the determination from the DoVA Rating Agency unfortunately will remain the same in accordance with 38 CFR VASRD and as reminded by @gsfowler's comment above. Take care!

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer!"

Best Wishes!
 
You must log in or register to reply here.
Top