Can A Denied Condition Be Later Approved If Linked To An Service Connected Injury?

[kent76]

I guess what I am asking here is, once the VA deny a claim using evidence from that condition, can they use that same evidence to deny someone if they claim the previous injury as being secondary to an approved service-connected condition?

Please don't beat me up with this but a claim for depression can be denied based on the evidence when linked to a personality disorder but could very well be established in a condition such as IBS if proven to be service-connected.

Does this fall under reopening a claim if you filed for the condition previously as a primary condition or is it a new claim altogether thus disallowing the previous claim for depression to be a basis for denial in the new claim.

[Ricky]

Based upon what I think you are asking I will try to answer your question. If you now have depression, lets say, because of a service connected condition such as IBS etc.... that is medically documented as such then it is a new claim. In other words if you can get a doctor to provided that the depression is due to the service connected claim then you have a new claim. I hope this helps you!

By the way what did your original claim for depression look like - what exactly did you claim?

[kent76]

Based upon what I think you are asking I will try to answer your question. If you now have depression, lets say, because of a service connected condition such as IBS etc.... that is medically documented as such then it is a new claim. In other words if you can get a doctor to provided that the depression is due to the service connected claim then you have a new claim. I hope this helps you!

By the way what did your original claim for depression look like - what exactly did you claim?

Thanks Ricky for your reponse!

So, what you are saying is, it would then become a new claim? If it is a new claim, can the VA still use the personality disorder argument to deny the new claim if you a doctor agrees that the depression is the result of the IBS and anxiety?

My old claim for my knees was denied in 1990. I am waiting until I get more evidence before I file again.

I hope that I didn't confuse you too much! lol

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[john999]

If a doctor will state that your depression is at least as likely as not due to your service connected IBS then that would be a secondary claim. I am not sure it is a brand new claim or a claim for an increase. Either way, it has nothing to do with the PD diagnosis. There is more than one way to skin a cat.

[Testvet]

like the others state you need a doctor to plainly state that your IBS is more likely than not the cause of your current depression, and explain his rationale for it the nexus statement you have to show a cause that is different than the denial of depression that is linked to PD. You have a hurdle but it is not an insurmontable hurdle you just need the right doctors....this is the type of claim that Doctors like DR Bash earn their IMO fees for better to pay for the opinion and get approved than save the money and get denied again. With that said there is NO guarantee with an IMO you will win, but your chances improve substantially

[Ricky]

Kent - Yes it will be a new issue. If they nexus letter is written well by the doctor your old knee claim or personality order should not be a factor. Notice I said should not. You are dealing with the VA and anything is possible. However, with a proper current diagnosis and then a nexus letter associating the depression with that current diagnosis you do have a proper and winnable claim.

[cowgirl]

Your statement regards Personality Disorder struck a bell with me. Had that 'diagnosed" by the VA (contractor) years back. Now my MDD is SC using same data I filed years ago. I wonder is there a way to get the Personality Disorder monkey off my back, out of my VA C-file and reconsidered for MDD from "back in the day" after retirement? Thanks,cg

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