Notice Of Disagreement

[nanaeris]

I had a C&P exam for major depression secondary to service connected knee disability. The doctor stated my mental condition was exacerbated by my physical condition. The doctor stated my GAF was 65. Even with this evidence the VA denied my claim. They stated something about alcohol in remission. Does this makes any since to anyone. My doctor states I might have been an excessive drinker but never an alcoholic. I haven't had a drink in 15 years. Does this make any since to anyone. I appeal the decision. Can someone give me any advice? Thank you,

NanaEris

[nanaeris]

nanaeris-

"The doctor stated my mental condition was exacerbated by my physical condition".

Does this makes any since to anyone?

Yes, if I understand your case, your depression claim is secondary to your SC knee condition. The key word is "exacerbated" and as long as it is not the proximate cause you will have a hard time winning this claim.

exacerbate [ig-zass-er-bate] Verb[-bating, -bated] to make (pain, emotion, or a situation) worse [Latin acerbus bitter] exacerbation n

While your knee condition may make your depression worst, clearly the R/O considers your depression as existing before your knee condition was so sever that it could be the proximate cause.

To win a secondary claim you must prove that your secondary condition is directly caused by your SC condition.

As far as your "excessive drinking", who knows how your doctor came up with this. But, to me the key when you wrote "My doctor states", this would imply that it was not the C&P doctor whom wildly inserted this, but rather your doctor whom is familiar with you and your past medical history.

Clearly you have no claim.

No, this was not my doctor, this is what was on the denial letter so I would assume it came from the C&P doctor. I have not seen the C&P doctor report. I know getting the VA doctors to make a statement in favor of a claim is hard, any recommendation. Also I just had a PTSD exam, the doctor stated I did not have PTSD but I had major depression. Do I need to get all these reports and go through them or can I just ask my doctor and counslor their opinion concerning this matter. I have had a hard time dealing with things like going broke, losing jobs, and other things because of my physical condition. Any advice.

Thank you,

Nanaeris

[RetiredVet]

What I am saying is this is what the VA stated on the denial report. Do I need to get the C&P report and read it. What I wrote on the NOD was I was in a military hospital for 4 months and that my depression started when because of my knee condition and pain kept me from getting jobs. And I stated when I did get a job because I did have a secrect clearance and was a security policeman, after 3 months on the job, I had to have major surgery on my knee and could not due the job anymore. I lost everything I had waiting on the VA and being denied and going through the Appeal process and not being able to hold a job because of my disability.

As I see it, to exacerbate, is to make worse, therefore, the knee makes your psych disorder worse. Clearly stated that it has been made worse by the doc. So the VA should rate this. The statement stating it exacerbated your mental illness means it made it worse.

This in itself connects your increased depression to the knee problem. Therefore you should have gotten an increase in rating.

Also alcohol abuse is very common among people with depression. It won't help the depression, but it does happen and any psych worth their degree knows this happens a lot with people that are mentally depressed. Even people that are depressed will quit taking their meds. I know because I have been told this by VA and other psychs.

I see doctors every month including VA doctors.

Always get a copy of your c-file. And read it or have someone else read it that understands it.

If in doubt always appeal. Every vet has the right to appeal. Appeal to the VBA and CVAC if necessary and then start over again if necessary.

It seems the VA does not want to rate psych evals any higher than they can get away with. I found that out when I was only rated 20% for depression. I have since found out it was much worse.

I no longer have anything good to say about the VBA. I do like the docs and I think they do what they should. Just some people in the VBA that are not docs are making the decisions. Some interpret decisions the way they want to interpret them and the way they feel that day etc.

They are not medical experts and I think they should not be making decisions on medical opinions. Should be a medical board making the rating decisions.

[jbasser]

Like Pete53 says. You could be spinning your wheels. Get copies. Not only the C File but everything related to the VA.

If you dont have copies you could be missing out on other issues.

It happens every day.

J

[cowgirl]

Hello, I agree with Jbasser and Pete53, get a copy of your Compensation (CFile), VA Medical Records and Service Medical Records (SMRs) to read. A copy of the compensation exam should be there. See what was stated as a diagnosis or in clinical notes or from the compensation exam. ALso if your c&p exam for ptsd showed or stated that you have depression, that could help in getting you service connected.

I have to smile when you mentioned going back to the compensation exam doctor. I had a psych exam that was so awful, depressed me more. Thanks to Hadit found VA exam worksheets or compensation exams to know whats going on. Once, by chance, took the exam worksheet with me to a 'comp exam with a hire-a-doc' . result, gave doc a copy & got sc!

Long story short after initial psych exam, entered treatment for depression with counselor and doctor in a VA behavorial health clinic. Clincal records maintained for each visit showed diagnosis and treatment for depression. The records validated my mdd sc, no other exam needed, thank God. But I still had to provide the 'nexus' that tied depression to military service, took some effort, but worked out after I specifically laid out what reports, records and letters the rater should use to award me sc for mdd.

Best to ya,

Cowgirl'up2009!

[john999]

I got my C-File and found an error that was made 37 years ago. It could mean some big money for me when I get to the BVA with my lawyer. It happens every day.