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Depression Secondary To Service Connected Disability

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bern381

Question

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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Any chronic medical condition that affects the quality of your life is likely to trigger depression.It should not be to hard to get a Doc to spell it out for you.

Good Luck

I thoroughly agree with this statement.

In my VAMR progress notes it states: "...chronic depression due to chronic pain syndrome that began while in service."

The intrigue here: I have never filed a claim for a MHD. But it is documented all throughout my SMR's that the pain I was in then (in service) caused me to be depressed. Did not even remember all of that. I still haven't filed a claim for "depression due to chronic pain syndrome."

My point for sharing was to let you know that wording with the VARO is everything. I have known of vets who were awarded a service connect for conditions they didn't even file claims for just because of the way a VAMC doctor and or rating examiner worded an IMO.

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I guess I was lucky. I got depression SC'd as a secondary to lower back strain on the first try. I got 10% which is what I should have gotten. At least VA does the right thing once and awhile. DJ 8 :o

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I'm happy for you Dale. I just had my C&P in Baltimore,MD for depression SC'd as a secondary to lower back strain. Wish me good luck What is highest rating one can get?

DAV IU 100%

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  • HadIt.com Elder

It depends how depressed you are and what your symptoms do to you. If you are so depressed you can't get out of bed in the morning that is serious. Do you take meds for depression? If not the VA is probably going to give you a lower rating. Think like the VA: Sick people take medications. Sick people look sick. Sick people complain about being sick.

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