depression secondary to chronic pain

[Andyman73]

I finally did it.  I asked my MH doc if he thought I had enough basis for a claim.  He has me currently DXd with MDD.  He told me that while I do have MDD, he's not so sure I could be successful with that as a claim for SCD.  He asked me if I was 100%, I said no, but I am 80%.  And he asked, then, if I was being paid at 100%.  Said no, and he hmmmmm'd. 

Then I asked if chronic pain made any difference.  He said all depends.  I told him that I fell down a flight of stairs during my 5th day of boot camp back in November of '92.  Said I've been dealing with pain in my knees and lower back ever since that day.  And have developed other issues that cause more pain as well.  He asked if I have fibromyalgia, said no, not that I'm aware of.  Said most of my pain is in various joints...with only some of the pain in muscle groups only.  And that I've been dealing with radiculopathy for some time now, as well.

Then his whole countenance changed, I could see his brain working.  Told me that chronic pain plays a huge part in causing depression.  I mentioned faulty memory, sleep issues, chronic sinusitis and IBS also.  He said all those things for sure can and will and do cause depression.  He said I can't say if you'll get enough to get bumped to 100%, but I certainly do have enough for a good solid claim for depression secondary to chronic pain.

What should I submit for evidence?  Should I submit copies of every STR entry showing where I mention any pain and was prescribed something for the pain?  And every entry where I mention sleep issues, or drinking, or repeated bouts of IBS and sinusitis/URIs? 

I only filed it this past Friday, so I do have a few weeks to get this together and send it off.  Any and all suggestions are welcome, thank you in advance.

Semper Fi.

Andyman

[Vync]

 

Vync,

According to the chart, my suicide ideation should make it easy to rate me at 70%. 

I had a therapy session yesterday, and we spoke about the exam.  He told me that it was a serious error that the examiner left out the pain related issues!

Serious error indeed! Geez, I guess anyone can be an examiner nowadays...

[Andyman73]

Vynce,

More on that....my doc said that he knows that dr, and he treats all Vets like he did me, during the exam.  Says that guy has a real hard on for weeding out fraudulent claims.  I said, ok, at least I wasn't singled out.  But what about him leaving out all my references to pain, especially in relation to my SCDs of which several are directly pain related?  He said that I need to speak with the benefits counselor, to see if there is anything I can do.

So, I did that, this morning, and he said that there is nothing to do, before RO rules on claim.  But he said he will send a letter stating what happened during the exam, disregarding my pain issues, and that I saw in the notes that the he left out all comments about pain except to say how he can't see one minor leg injury leads to chronic pain related depression.

I told the benefits counselor same as I told my MH dr and the examiner(and wrote on my statement in support of my claim that was sent with my evidence package)that the VA SCd me back in 11-98 for pain related issues, for my knees and lowerback.  And that I was recently awarded another rating for pain related issues with my feet, that date back to service time as well.  I said this is as plain as day for establishing a case for chronic pain..23 years since the initial injury.  And 17 years since the initial SCD was awarded.

The benefits counselor said it seems obvious to him, too.

I understand the need to weed out the false claims, but to totally disregard the key evidence that makes the basis for the claim(depression 2ndary to chronic pain) is borderline criminal!

[Vync]

Andyman,
It is pretty bad when a doctor has a reputation like that. Hadit needs a forum topic dedicated solely to physicians to avoid and explaining why. So much for the VA being perceived as "non-confrontational". Sounds like something the VA OIG might be interested in hearing about...

[flores97]

I agree, it is common sense that if a c&p examiner continuously gets exams thrown out for ignoring credible evidence from vets, then they should no longer be allowed to do c&ps.  I firmly believe VA should give weight to how many complaints are against a dr, if these quacks are constantly having exams challenged and set aside for sheer incompetence, and the vet is then having to go to yet another doctor, seems to me that the VA is wasting more money by the amount of c&p exams they are requiring vets to have then by actually paying out benefits.  Its a shame they cant, and probably won't, see that.

[USAF-Vet]

I believe most of our C&P doctors are contracted.

[Andyman73]

Andyman,
It is pretty bad when a doctor has a reputation like that. Hadit needs a forum topic dedicated solely to physicians to avoid and explaining why. So much for the VA being perceived as "non-confrontational". Sounds like something the VA OIG might be interested in hearing about...

I will certainly be watching to see how the RO plays this.  Especially when they see the statement sent today by the benefits counselor in regards to the examiner leaving out vital information..