bern381

I received a denial of my sleep apnea claim secondary to chronic pain (shoulders) and depression. My question is, my claim was denied on some of the evidence that I sent. I had no c&p exam. Can I be denied without an exam. I submitted civilian diagnosis of sleep apnea, 2 lay statements (weren't mentioned), and medical notes ( weren't mentioned) that show a clear link between my apneic events and the treatment I am receiving . How should I proceed? Thank you

Will the va rate these seperately or try to lump them together?

I have had a miriad of health issues. The latest has been sleep. Went to the civilian doctor and was referred to a sleep study. I have both central and obstructive sleep apnea. I have at least one episode per minute all night long. Accordingly, I have been prescribed a c-pap. I am thankful for that. The last thing that I want is to have a heart attack. I have been increasingly tired even after the c-pap. The doctor has diagnosed me with chronic fatigue syndrome. I am dragging butt all of the time, even if I nap. Funny thing is that I can't fall asleep, stay asleep, and am always tired. It is negatively impacting my life in every area. I don't have the energy or inclination to do anything. I don't know what the answer is. I want to continue to work. I want to be a good husband and father. Unfortunately, I am failing. I do not want to go on total disability. I want to take care of my family and be the best I can be.

I have a lawyer. Should I have the firm file a writ?

I have requested a videoconference hearing before a traveling judge (3 YEARS AGO). My file has stalled at the RO. I called the BVA and was informed that my file is being reviewed at the RO. I cannot be scheduled for a hearing until they are finished reviewing my file. All I am ever told is that the file is currently under review. Getting very disgusted with the whole process. I just want an honest answer from somebody who knows anything about my claim. Thanks for listening to me vent.

Some time ago, when I went to the pain clinic, I had a meeting with a psychologist. She was down right confrontational and I felt like I was back peddaling the whole time. After this meeting, I obtained a copy of the notes and there were several untrue statements written in them. These statements were later copied and pasted directly into C&P exam notes. My question is, can I file a complaint? Could I get statements retracted? Would doing so delay my appeal further?

The funny thing is that I assumed that my claim was at the BVA. However, when I called the BVA they informed me that my claim file is at the RO being "reviewed". I can't seem to get a straight answer from anyone at the VA. Imagine that!

Quite some time ago, 2-3 years, I elected to have a video conference hearing on an appeal for depressive disorder secondary to chronic shoulder pain. My claim is at the Clevelan RO. What is a reasonable time frame to wait for a hearing? Am I as a Gulf War 1 vet being put on the back burner because of current returning veterans? I am frustrated because I cant find out anything about my claim other than it is currently under review. Would the fact that I hired an attorney cause my claim to be delayed. I am afraid to contact a congressman because I am afraid it would further delay my appeal. This process isexhausting. The worst part of it is the lack of meaningful communication.

I am having shoulder surgery on my service connected shoulder from a civilian doctor. As far as the V.A goes, how do I handle this? Thanks.

Through the wisdom of the members of this board it has become apparent that I will need to obtain a psych IMO and/or obtain legal representation in order to win my claim. Is anyone familiar with a doctor or lawyer in Notheast Ohio that could help my cause? Thanks.

axis 5 gaf 55 I was researching the dsm4 and it appears that axis 4 refers to things that that contribute to the disorder. Should I use this in my appeal? Any and all comments are appreciated. Thanks for your input.

The DRO review has recently denied my claim of depression secondary to service connected shoulder pain. The basis for this denial appears as follows: The above cited report of the VA psychiatric examination from the VAMC in Cleveland was reviewed and considered. The VA examiner again reviewed your claim folder and medical chart and conducted another clinical interview and examination. The examiner noted that throughout the examiniation that you focused on chronic pain as the source of your depressive symptoms although you did not appear to be in distress during the interview. The examiner also noted that you have been enrolled in the VA pain clinic and per assessment notes, you displayed a passive approach to treatment and were focused on being found permanently and totally disabled rather than on pain management. In conclusion, the VA examiner that it is not clear what the basis of your depression is and that, while there is some relation to chronic pain, your depressive symptoms are more consistent with a dysthmic disorder that is more characterlogical in nature. The examiner noted that your pain clinic notes that your shoulder pain should not limit your ability to work and that you have been focused on being disabled rather than recovering. The examiner concludes that while some of your depression appears to be secondary to chronic pain, some of it is charaterlogical and has its roots in your personality make-up. It is impossible to assign percentages to each of these sources of depressive symptoms, but it would be helpful to see how well you respond to treatment recommendations from the pain clinic. In short, the examiner indicates that a diagnosis of depressive disorder not otherwise specified and does not attribute this disorder to your service connected shoulder pain. As the medical evidence fails to establish a secondary relationship of your depressive symptoms to service connected disability, service connection must remain denied. How does one rebutt an out and out lie - I never mentioned nor do I want to be declared permanently and totally disabled. Also, I have never reported that I did not think I could work. The person who prepared this report and the person who examined me have both stated that my pain at least to some extent causes my depression. Now, however, their focus is on depression as part of my personality make-up. Should I or could I claim that the pain at the very least aggravates or increases the depression. If I changed the basis of my claim in this way would my calendar start over again as far as the date of the claim? Last but not least, the C & P examiner described my DSM 4 as follows: axis 1 depression axis 2 passive dependant traits axis 3 referred to appropriate specialist axis 4 problems coping with pain axis

OOPS!!! I accidently hit the wrong button. I'll take up where I left off. While the results of the evaluation indicate that the veteran is depressed, it is not entirely clear what the source of depression is. To some extent it is related to pain, but in other ways it is more consistent with a dysthmic disorder that is characterological in nature. Both notes from psychological testing and notes from the pain assessment clinic indicate that he is a passive individual who is not likely to take an active part in therapy aimed at reducing the level of his pain. In addition, he has developed a very dependant relationship with his wife and may not be doing as much for himself as he is capable of. Records indicate that he is not doing well at work. He calls off a lot and has been criticized for not taking initiative and is resentful about the response he is getting from management. Pain management notes indicate that his shoulder problem should not prevent him from teaching but, he feels otherwise and is focused on being declared permanently disabled (I have no idea where the examiner or the pain clinic got this quote, I want to get better and have a better quality of life). In conclusion, XX XXXXX is diagnosed with depressive disorder. While some of the depression appears to be secondary to chronic pain, some of it is characterological and has roots in his personality makeup. It is impossible to assign percentages to each of these sources of depression. axis I: Depressive disorder nos axis II: passive dependent traits axis III: deferred to appropriate specialist axis IV: problems coping with pain axis V : 55 Thanks for the input, it is greatly appreciated.

Here's a note from my exam. Is this favorable?? XXXXX is a 50% service connected married male who has filed a claim alleging he suffers from depression secondary to chronic pain associated with a service connected right shoulder injury. While

I recieved four separate appointment letter from the VA today. I could tell what they were before I opened them. As I was leafing through them, I nearly hit the floor. Much to my surprize, the VA scheduled me for another mental health C & P in April. It seems as though they want to gather more info before they make a decision. I have been previously denied for depression secondary to chronic pain from service connected disabilities and I elected a DRO review. The anxiety is already building. However, all I am going to do is keep it real, state the facts, and be honest. I pray that my examiner is both honest and competent. Any suggestions before I present my case? Thanks, Bern