Last summer I was rejected on a claim for depression secondary to service connected shoulder problems. The examiner stated that my condition could have precipitated depression. The VA said that this language was too speculative and denied my claim as a result of this. I have filed a notice of disagreement and submitted the following evidence and personal opinions to substantiate my claim. What do you think my chance are of winning? Thanks, Bern
· Progress Notes (dated May 16, 2007) which state, “ Client’s depression has continually increased since experiencing pain in left shoulder and limitations related to limited range of motion and not being able to manage all aspects of his assisted daily living.” This note clearly shows that the chronic pain and accompanying limitation of motion that I am experiencing preceded and caused depression.
· Progress Notes (dated November 20, 2007) which state, “ The veteran presents symptoms of depression, which by history is related and caused by chronic pain, which is likely true, will change the diagnosis to reflect this: adjustment disorder with depressed mood, chronic related to pain.” This statement clearly refutes the July 2007 opinion of the VA examiner because it eliminates speculative language and proposes a direct cause. The statement shows that the pain I am experiencing is a result of my service connected disabilities and it preceded/caused the depression I am experiencing.
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bern381
Last summer I was rejected on a claim for depression secondary to service connected shoulder problems. The examiner stated that my condition could have precipitated depression. The VA said that this language was too speculative and denied my claim as a result of this. I have filed a notice of disagreement and submitted the following evidence and personal opinions to substantiate my claim. What do you think my chance are of winning? Thanks, Bern
· Progress Notes (dated May 16, 2007) which state, “ Client’s depression has continually increased since experiencing pain in left shoulder and limitations related to limited range of motion and not being able to manage all aspects of his assisted daily living.” This note clearly shows that the chronic pain and accompanying limitation of motion that I am experiencing preceded and caused depression.
· Progress Notes (dated November 20, 2007) which state, “ The veteran presents symptoms of depression, which by history is related and caused by chronic pain, which is likely true, will change the diagnosis to reflect this: adjustment disorder with depressed mood, chronic related to pain.” This statement clearly refutes the July 2007 opinion of the VA examiner because it eliminates speculative language and proposes a direct cause. The statement shows that the pain I am experiencing is a result of my service connected disabilities and it preceded/caused the depression I am experiencing.
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