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nanaeris

Question

I was denied depression as secondary to my service-connected knee disability. Although the C&P doctor stated my condition excertabated my depression. The Rating Specialist stated the doctor said I had depression before I had severe pain. In my NOD I stated I had pain while in the military and had pain every since. So when did I developed depression, before the military? The DRO agreed with the Rating specialist and denied my claim again. My question is if I ask the RO how the C&P doctor came up with that conclusion are they required to give me an answer? Also I had a psych evaluation in 2000 although the doctor had excess to my VA mental health record and came to the conclusion that my depression was caused by my physical pain the DRO stated the Doctor opinion did not count because she didn't have excess to my military medical records. Does this make sense? Any suggestion

Nana Eris

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Look in the EVIDENCE and REASON's and BASES SECTION of the Rating Decisions

to see if those records were listed and/or referred to.

jmho,

carlie

No, their is no mention about my mental health treatment from Calif. Also I found the release form I signed give the SSDI doctors to have access to my VA medical records. So the Psychiatrist that Social Security sent me to did have access to my VA mental health record. In fact she knew my VA psychiatrist. Do you think this would be enough information to get this resolved or do you think I need more. It seems no matter evidence you produce these people come up with something else. Because I can't see any difference if it was a pre-existing condition or secondary to an existing condition the law states it should be compensated. Am I wrong?

nanaeris

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No, their is no mention about my mental health treatment from Calif.

I would get copies of this medical evidence and submit it to VA, along with a signed

ROI for for VA to also acquire it themselves.

Also I found the release form I signed give the SSDI doctors to have access to my VA medical records. So the Psychiatrist that Social Security sent me to did have access to my VA mental health record. In fact she knew my VA psychiatrist.

My question would be does VA have a ROI form from you for them to get your SSA records?

Do you think this would be enough information to get this resolved or do you think I need more. It seems no matter evidence you produce these people come up with something else. Because I can't see any difference if it was a pre-existing condition or secondary to an existing condition the law states it should be compensated. Am I wrong?

There is a huge difference in getting SC granted for a pre-existing

condition versus a SC grant for a secondary condition.

For a pre-existing condition you have to show medical evidence of aggravation

of an existing disability during active duty.

In other words, regarding a pre-existing condition

you would need to show medical evidence of a diagnosis of depression

prior to your knee pain

and then

medical evidence of an increase in your depression DUE to your knee pain.

Secondary SC is addressed in a different way.

Other's will chime in here and correct me if need be.

carlie

nanaeris

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