tdiu Need Advice Or Opinions

[USArmy98J]

...Hi again. I went today and got copies of my C&P from 14 Aug and I will be quoting the doc statements and wanted your opinion insight and to what to expect.

One Doctor says " In my opinion, the depression is most likely caused or is a result of his back condition and his unemployability due to his work history and the fact that h this veteran has to wear a narcotic patch for relief of his pain".

The second doctor says AXIS I: Adjustment disorder with depressed mood.....AXIS V: GAF is 49

Quoting from the repost...."I believe his symptoms are moderate and have persisted for a number of years. I did not find evidence that depression in and of itself precluded employment. The veteran did report some social isolation. I did not find evidence that depression precluded activities of daily living. I do believe the veteran's depression is secondary to his back problems."

What do you make of this?

Thanks

Bill

Edited August 22, 2007 by USArmy98J

[Berta]

The first statement there- supports a potential finding of TDIU due to your SC back condition.

BUT-the second opinion also finds the depression as secondary to your SC back condition yet contains this arbitrary statement:

"I did not find evidence that depression in and of itself precluded employment."

In and of itself- I think if the raters can read they will get that point-

I do feel these are statements that should certainly award TDIU.The first doctor factored in the high pain level -re: the pain patch.

I feel that although the second statement made apparently by a shrink-seems a little negative as to TDIU-(but only based on the depression) the fact is you would not have the depression but for the back condition and that is the main reason you are unemployable.

As .long as there are no other pitfalls in these opinions or any negative statements-this is all good evidence to support an award of TDIU- in my opinion-

One can never know however ----what the RO will do-

VA medical opinions are weighed by raters who have no medical expertise.

[john999]

Dr. is saying that your depression is likely caused by your back condition which would make the depression service connected. He is also saying that the depression alone is not enough to account for being IU. It would seem to me that if all are considered together then you are service connected TDIU. He says your depression is moderate but your GAF is more in the serious range. I think with the narcotic patches, back injury, and the depression you should try and get a doctor to tie this all together and write an opinion that you are TDIU due to this group of disabilites. If each disability or medical condition is taken alone and out of the context of all your injuries you don't have enough to get IU. However, if a good doctor would tie it all together you would have enough. This is the first step, however, since the doctor is admitting your depression is most probably service connected. If you keep working on this claim you will get IU because the pieces are there.

[USArmy98J]

John/Berta

Thanks for the thoughts. I was thinking along the same lines too. It seems to me the shrink is confirming SC for the depression and then to other doc I saw the same day is saying the narcotics lead to unemployability.

Who knows, I will just wait and see what they say and either be happy or continue the fight for what I deserve.

Bill

[Pete53]

Good Luck

[cloudcroft]

USArmy98J,

Quoting from the repost...."I believe his symptoms are moderate and have persisted for a number of years. I did not find evidence that depression in and of itself precluded employment. The veteran did report some social isolation. I did not find evidence that depression precluded activities of daily living. I do believe the veteran's depression is secondary to his back problems."

That statement will hurt your TDIU chances big time...and the VA will probably cite it in their denial letter.

-- John D.