diabetes What Type Of Claim To File.

[donews]

I filed for Depression as Secondary to DMII when I originally filed for compensation in 2005.

My claim was denied in 2006 because the C&P examiner had opined that my Depression was caused by my Heart Disease, here is the actual paragraph from my Decision Letter about my Depression claim:

"We have continued the denial of service connection for depression secondary to your diabetes. Upon VA examination, you were diagnosed with depressive disorder, not otherwise specified but the examiner states that this condition's onset was related to your open heart surgery and not your diabetes. Your heart condition has not been service connected so service connection for any condition caused by your heart is not in order."

During this time I had an active claim for my Heart Diseases as Secondary to my DMII.

In January 2008, I was given a Full Grant of Service Connection for my Heart Diseases.

In February and March 2008 a VA Mental Health doc told me my Depression was related to my two tours in Nam and aggravated by my DMII, Heart Diseases, Chronic Pain, Other SC conditions, The Loss of my wife, and the loss of my ability to work due to my Service Connected issues.

That is some background information for those not familiar with my previous posts on this issue.

So now for the questions:

What type of claim should I file? -

Should I just file a regular NOD of the Decision from 2006?

Should I file a CUE if there is one?

Should I file this as if it was a new claim?

Should I ask for the Effective Date to go back to the original filing date since they gave me an Effective Date of 2005 on the Heart Diseases?

Or should I just get the claim approved then fight for the Effective Date later?

Should I only claim that the Depression was caused by the Heart Disease?

Or should I also claim it was related Directly to my service as a back up?

Or should I also claim it was related to the Heart Disease, My Service, and Chronic Pain?

Should I request a DRO review ot hearing if I can at this stage in the claim?

I have most of the evidence together and ready to go.

I just need to figure out which way to file and get the ball rolling.

[carlie]

I filed for Depression as Secondary to DMII when I originally filed for compensation in 2005.

Question: When was your DMII SC'd?

My Opinion: Remember the doc has already provided a nexus to Heart Disease in the January 2008 Decision.

My claim was denied in 2006 because the C&P examiner had opined that my Depression was caused by my Heart Disease, here is the actual paragraph from my Decision Letter about my Depression claim:

"We have continued the denial of service connection for depression secondary to your diabetes. Upon VA examination, you were diagnosed with depressive disorder, not otherwise specified but the examiner states that this condition's onset was related to your open heart surgery and not your diabetes. Your heart condition has not been service connected so service connection for any condition caused by your heart is not in order."

During this time I had an active claim for my Heart Diseases as Secondary to my DMII.

In January 2008, I was given a Full Grant of Service Connection for my Heart Diseases.

QUESTION: How did this grant come about ? What ED did VA

provide on this grant, yes you are within time limits to file a NOD on a January 2008 decision, you can do this and request a DRO if you like, or just play dot to dot with them.

My Opinion: This is the Rating Decision I would use as evidence to present for service connection for depression as secondary to already service connected Heart Disease.

In February and March 2008 a VA Mental Health doc told me my Depression was related to my two tours in Nam and aggravated by my DMII, Heart Diseases, Chronic Pain, Other SC conditions, The Loss of my wife, and the loss of my ability to work due to my Service Connected issues.

That is some background information for those not familiar with my previous posts on this issue.

So now for the questions:

What type of claim should I file? -

Should I just file a regular NOD of the Decision from 2006?

Answer: It is past the one year deadline to file a NOD on a 2006 Decision

Should I file a CUE if there is one?

Answer: If there was no evidence with a nexus at the time of the 2005 denial for depression then I see no CUE, in that decision.

Should I file this as if it was a new claim?

Should I ask for the Effective Date to go back to the original filing date since they gave me an Effective Date of 2005 on the Heart Diseases?

Question: What was the ED of your January 2008 grant for Heart Disease?

Answer: This is the ED I would request, as all the evidence is there and will produce the least amount of resistence from VA to you. With medical evidence you may be able to get it back a year earlier.

Or should I just get the claim approved then fight for the Effective Date later?

My Opinion: Your claim for Heart Disease is now SC'd - so currently your disagreement is the ED.

Should I only claim that the Depression was caused by the Heart Disease?

Or should I also claim it was related Directly to my service as a back up?

Or should I also claim it was related to the Heart Disease, My Service, and Chronic Pain?

Should I request a DRO review ot hearing if I can at this stage in the claim?

I have most of the evidence together and ready to go.

I just need to figure out which way to file and get the ball rolling.

My Opinion:

I would go into 38 CFR and M21-1MR and research Request for Reconsideration on Claims

and check out the time restraints and situations to request a reconsideration under. Perhaps this is a case to file a Request for Reconsideration of an ED you are in disagreement with --

in your NOD.

Hope I didn't just confuse you more.

jmho,

carlie

[carlie]

donews,

I believe you can request reconsideration in a Notice of Disagreement.

carlie

[rentalguy1]

I would file a new claim for depression secondary to sc'd heart conditions. When this is granted, I would file a NOD to get the EED back to when the heart conditions were sc'd, based upon the comments made in the first MH C&P. It should be a slam dunk, because a C&P doc has already tied your MDD to the heart conditions. This looks like it could be a fairly quick claim to wrap up. Good luck.

[free_spirit_etc]

Can you file a claim for depression - AND ALSO file an NOD on the heart disease claim, indicating that you agree with the heart diease, but the NOD is about the fact that they missed the implied claim for depression - as your record clearly indicates you have depression and that it is caused by your heart disease.

Free

I would file a new claim for depression secondary to sc'd heart conditions. When this is granted, I would file a NOD to get the EED back to when the heart conditions were sc'd, based upon the comments made in the first MH C&P. It should be a slam dunk, because a C&P doc has already tied your MDD to the heart conditions. This looks like it could be a fairly quick claim to wrap up. Good luck.