Depression Secondary To Service Connected Disability

[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.

[bern381]

I have an appointment scheduled for today. I will try to get different language (at least as likely, or more than likely) to submit. Thanks for all of your input.

[rentalguy1]

I have an appointment scheduled for today. I will try to get different language (at least as likely, or more than likely) to submit. Thanks for all of your input.

Good luck, bern! Please post up and let us know how it went at the doctor.

[bern381]

I visited the "Doc" the other day. It took me a few days to obtain the exam notes. The wait was worth it. The statement changed to, " The patient presents syptoms of depression which is caused by chronic pain." I feel very confident about my claim. On a different note, I called the regional office today and they still haven't recieved my notice of disagreement after 2 weeks. They said it was probably in the mail room.

[betrayed]

I visited the "Doc" the other day. It took me a few days to obtain the exam notes. The wait was worth it. The statement changed to, " The patient presents syptoms of depression which is caused by chronic pain." I feel very confident about my claim. On a different note, I called the regional office today and they still haven't recieved my notice of disagreement after 2 weeks. They said it was probably in the mail room.

DUDE U NEED TO FILE FOR PAIN SYNDROME 9422. I WILL EXPLAIN AFTER WHILE

[cowgirl]

Larry, what you wrote is interesting. How is aggravation of preexisiting compensated for? Is it considered a new sc issue? thanks. cg

or, as an alternative, if they will not say that ALL of your depression was/is caused by your shoulder problem/pain such as in their statement " Client's depression has continually increased (see, herein lies a problem seeing as how they do NOT say that your service caused your depression, only that it 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."

Then what you need to do is file for AGGRAVATION of a pre-existing condition....and, seeing as how they can't quantify the degree of disability that pre-existed, then they will have to rate it as if NO disability existed prior to service. All this is assuming that they DO deny DIRECT service connection, which you won't know whether they did or not until you receive their decision.

Just another avenue that you can explore if and when you find that you need to.

[john999]

Bern

That is the kind of language you want where X causes Y. No room for doubt or alternative causation. Are you SC'ed for chronic pain syndrome? You should ask to be SC'ed for that as well as depression since they just go hand in hand. I have chronic pain syndrome and it has aggravated my depression, anxiety and agoraphobia. It adds another layer to my problems because I have to take narcotics to deal with the pain. Nacotic use alone can cause depression. The VA does a very poor job of treating this syndrome. They treat bits and pieces of it without coordination.