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Found 6 results

  1. It was my understanding that VA would not rate Obstructive Sleep Apnea (OSA) as secondary to Major Depressive Disorder (MDD). I thought VA would only rate OSA as secondary to the PTSD mental health condition, but on the Chisholm Chisholm & Kilpatrick website it appears that VA can rate OSA secondary to MDD. https://cck-law.com/blog/secondary-conditions-to-depression-va-disability/ I know we were discussing this elsewhere on Haddit, but try as I might I cannot find it. I was left with the impression, from that discussion, that VA will not consider OSA as secondary to MDD. I could be wrong... Does anyone here have knowledge or experience of VA granting OSA as secondary to MDD?
  2. Hello everyone and thank you for accepting me in to the forum. Last year I filed a new claim for Generalized Anxiety Disorder and Major Depression. For the past 3 years, I have been seeing a civilian psychiatrist for my anxiety and depression. She had already diagnosed me with GAD and Major Depression, and I have been on anti-anxiety medications, antidepressants, and sleep medication. I was on differing types of the same medications since coming out of the service, but it wasn't until about 3 years ago, that I admitted to myself that I needed mental help, and that is when I started seeing my civilian psychiatrist, and that is when I first heard of GAD and Major Depression, when she said she had diagnosed me with them. It was at her suggestion, that I file a claim with the VA for GAD and Major Depression. She said she very much felt like my conditions were associated with my time in the service. When it was finally time to have my C&P exam, I was interviewed by a VA psychologist. I told her about my civilian psychiatrist, and her diagnosis for me, and the medications she had me on. I also talked to her about my time in the service, me being overseas in the Gulf War, and me being in a humanitarian mission in Ecuador. I told her about my friend who was with me during basic training. And how he was shot and killed right in front of me, in a horrible accident, during one of our live ammunition training exercises. I told her how all this had affected me from those moments on, all the way until now. At the end of our meeting, she told me that she felt like my condition was more PTSD, rather than Generalized Anxiety Disorder and Major Depression. At the time I didn't think anything of what she said; that is until I was sent my denial letter. In my denial, it stated that my 2 claims for GAD and Major Depression, was changed to GAD (to include PTSD) and Major Depression (to include PTSD). So the VA psychiatrist did what she said she would. She essentially changed what I had claimed, and added (to include PTSD) on each of my 2 claims. So, for the basis of PTSD, there has to be a proven stressor. The VA used what I had talked to the psychiatrist about the death of my friend during boot camp, as my stressor. The VA said they searched records during the time I was at boot camp, and found no incidents related to what I was saying. So, because the VA psychiatrist took it upon herself, to change my claimed conditions from GAD and Major Depression, to GAD (to include PTSD) and Major Depression (to include PTSD), now it was up to me to prove a stressor, because with claims associated with PTSD, you must prove your stressor. I knew from talking to other Army buddies of mine, how difficult it could be sometimes to find old records of deaths. The death of my friend during boot camp happened in 1962 at Ft. Jackson, SC. My civilian psychiatrist never suggested to me that I had PTSD. She always said it was Generalized Anxiety Disorder and Major Depression. If I had wanted to file a claim for PTSD, I would have done so. But I knew how difficult it would be for the VA to search for and find any record of the death of my friend at boot camp. So I filed GAD and Major Depression, because I was told those claims did not require a specific stressor (exact time, place, person, etc). I was told that GAD and Major Depression, could be claims based on your entire military career, with everything you've done and everything you've experienced, all amounting to intense anxiety and depression. So that is why I claimed GAD and Major Depression, over that of PTSD. But because the VA psychiatrist took it upon herself to change my 2 claimed conditions, and added the words (to include PTSD) to each of my claimed conditions, it was not just GAD and Major Depression any longer; it includes PTSD, which requires a specific and provable stressor. I had a stressor, and very specific one - the death of my friend during live ammunition exercises during our time at Ft. Jackson, SC boot camp in the summer of 1962. But the VA said neither they nor the JSRRC could find any record of that taking place. If my 2 claims had remained what they were suppose to be, simply GAD and simply Major Depression, I do not think I would have been denied. But because the VA psychiatrist added PTSD to each of my conditions, the VA asked for my stressor, the VA and JSRRC said they could find no record of my stressor, so my claims were denied. I believe I would have been approved if not for the VA psychiatrist adding PTSD to my 2 claimed conditions. So with all that said (and I apologize for the length of it), is there any hope for me, if I appeal my denial? And do any of you know how I would go about appealing it? Would I simply say to the VA that I disagree with the VA psychiatrist adding PTSD to my 2 claims, when I never claimed PTSD myself?; that that was her decision entirely. I have had a VA Disability Representative for the past couple of years, but he was utterly useless. He never answered my calls or emails. He basically never helped me at all. I did most all myself over eBenefits. But now, since I've had this recent denial, I have considered hiring a VA Disability Law Firm to take my case. I've spoken with 2 so far. They both told me I had a very strong case and that I could win. But they also said they couldn't take my case because of their huge client load. I think it was simply that they could probably win my case, but there wouldn't have been much in the line of backpay, so they wouldn't have gotten much compensation for their work for me. So I guess I will continue searching for other VA Disability Lawyers, or I may have to appeal my denied claim myself over eBenefits. Could any of you, please help me with this? I have read many questions on here regarding GAD and Major Depression, but I haven't come across one yet, where they filed a claim for GAD and Major Depression, and then the VA psychiatrist during the C&P exam, decided to change the claim (to include PTSD), thereby changing the criteria for acceptance, by now making me prove a specific stressor, instead of it she had just left my 2 claimed conditions alone, without including PTSD to them, then no specific stressor was required - it would simply go by your overall experiences while in service. I am a 20 year Veteran by the way, with most of my time served in the National Guard. But I was activated numerous times during my 20 years, including during the Gulf War. It isn't my fault that the death of my friend during boot camp, isn't something the VA or JSRRC can locate in records. If the VA psychiatrist had just left my 2 claimed conditions alone, instead of tacking on (to include PTSD), then the VA wouldn't have even had to search for a specific incident, they would have just based my conditions on my overall military experiences. Thank you for any help, assistance, or advice you might be able to give. Donald
  3. I have been rated 80% with TDIU since 2013. I recently attended my 5 year re-evaluation for PTSD. My exam results showed up on Myhealthyvet today, but I shouldn't get a decision until June or July according to VA.gov. I just wanted to know what you guys thought my rating "MAY" be based on this C&P. Of course, my PTSD and MDD are firing at max speed right now worrying about it. My concern is the part where the Dr says "Moderately Severe" PTSD and depression. I have heard stories about the raters pulling small words like that out and using them for a reason to reduce benefits. Thank you in advance for your time and responses. cp1.pdf cp2.pdf cp3.pdf cp4.pdf cp5.pdf cp6.pdf cp7.pdf cp8.pdf cp9.pdf cp10.pdf
  4. Hello, I currently have a claim, "Pending decision Approval". I looked at my current disabilities, currently rated at 70%. On the pending disabilities that I requested, there is a new one, added a few days ago, "Major Depressive Disorder". I am confused on how this was added, since I did not claim it in the process. I am currently 70% PTSD. Can anyone explain why a claim I filled 3 months ago, all of a sudden has an addition to the claim, "Major Depressive Disorder"? Thank so much all!!!
  5. A Gulf War veteran friend showed me this decision he just received: "1. Service connection for the purpose of establishing eligibility to treatment for generalized anxiety disorder, panic disorder and adjustment disorder with depressed mood is established." "2. The previous denial of service connection for post-traumatic stress disorder is confirmed and continued." "6. The previous denial of service connection for major depressive disorder is confirmed and continued." "9. The previous denial of service connection for anxiety disorder is confirmed and continued." We determined that the following conditions were not related to your military service so service connection remains denied Post-traumatic Stress Disorder Anxiety Disorder Major depressive disorder *Reasons For the Decision ( #1): A determination of service connection under 38 U.S.C.1 702 is for the purpose of providing eligibility for hospital and medical treatment for veterans of World War II, Korean Conflict, or Vietnam era; or for Gulf War veterans who develop an active psychosis or any active mental illness during or within two years from the date of separation from such service or within two years of the end of the war period, which ever is earlier. The veteran was discharged on May XX. 201l . A psychosis/mental illness was first diagnosed on June XX, 2012. Entitlement to treatment is established because a psychosis/mental illness was diagnosed within the required period of time. ----------------------------------------------------------------------------------------------------------------------------------------------------- It appears then that service connection for treatment for generalized anxiety disorder, panic disorder and adjustment disorder with depressed mood was OK'd, but, apparently denied for compensation purposes. Not even a 0% rating. Anyone ever heard of such a thing? Seems like a contradiction as 38 USC 1702 provides for a presumption of the mental illness disability being incurred from military service. The mental illness disability must therefore be service connected. No C&P exam(s) whatsoever were provided to this veteran. A claim for PTSD was denied even though his VA mental health doctor diagnosed it and provided a nexus letter which was mentioned in the decision but apparently not considered. -Any help appreciated
  6. This is what I would tell any veteran who had symptoms or events in the military involving psychological distress or a post service diagnosis of PTSD. Stay in therapy. Get a service officer and file a claim that results in the adjudication of every post service diagnosis of a mental condition. If the veteran is diagnosed with PTSD file a claim for PTSD. If the veteran has a dual diagnosis of PTSD and Major Depression, file a claim for PTSD and major depression. Make sure each individual diagnosis is adjudicated. If later the veteran is diagnosed with schizoaffective disorder file yet another claim for schizoaffective disorder. Psychiatric symptoms need to be evaluated by a clinician. It is not the job of the service officer to play doctor. The service officer should file the claim and let the doctors figure it out. Also, consider that service officers will ask you if there are any treatment records or notes in your personnel file. If you say no they just might throw you out of there office. It happened to me. The problem is that doctors could have noted things and not even told you. File the claim and get the SMR and personnel file and read them before saying no to any potential records. After getting thrown out of the service officer’s office I got my SMR. When I got my treatment notes my angioedema had been diagnosed in the military and I did not even know it. Read BVA cases. Go to the BVA decision search site. Type in the name of a post service diagnosis and start reading cases. These claims can get complex. Multiple diagnoses, changing diagnoses, not properly supported diagnoses etc. Both the VA and the service officers are capable of dropping the ball. The BVA is full of decisions showing the diagnostic histories and logic used to win and lose claims that were denied by the regional offices.
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