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.

[MikeR]

I agree with Pete. Veterans who were not depressed before they went to the Va will be depressed when they find out how long it takes to get their claim processed. It is also very depressing to know that the VA spends billions fighting against Veterans trying to deny him benefits. If I recall, the Office of General Counsel has something like 300 lawyers whose job is to "attack" Veterans who are appealing a denial of benefits, to help make the denial stick.

If the VA can afford 300 lawyers to deny Veterans claims, it looks to me like 150 of these lawyers should be paid to defend the Veteran, if not all 300 of them. After all, the VA is supposed to serve its Veterans, not attack them.

It's even more depressing when you get sent to the back of the line for several years due to new wars.