diabetes Request To Reopen Mdd Claim

[donews]

For those of you that are not familiar with my MDD claim, here is the basics:

Originally filed for Major Depression as Secondary to my Service Connected Diabetes in 4/2005.

Denied Service Connection for my Depression due to the VA claiming my Depression was caused by my Heart Disease.

Fast Forward to 1/2008 the VA gave me Service Connection for my Heart Diseases that I have been appealing since 4/2005.

Please view my Request to Reopen the claim for MDD and let me know if you think I need to revise anything.

Thanks in advance for your time.

mdd_rquest_reopen.pdf

[free_spirit_etc]

It looks pretty good.

I apologize for not keeping up with everyone's stuff - but I am having a hard time keeping up with my own. ACK!

Anyway - I was thinking that you had BOTH depression and heart disease pending at the same time - and they denied the depression as it was due to heart disease - your other pending claim.

Anyway - I was thinking about the BVA often using the term "inextricably intertwined."

They probably shouldn't have decided the inextricably intertwined issues separately.

So I was just thinking IF that was the case for you - working up a sentence or two about - Though I was granted service connection for my heart disease, my depressional claim that was denied on the basis that it was caused by my heart condition (which was pending SC) rather than a condition that had already been granted SC.

As these conditions were inextricably intertwined, I should have been granted SC for the depression at the same time I was granted SC for the heart disease that the VA maintains caused my depression...

Oh..dang.. I am not saying this well - and am actually typing standing up...(popped on the computer while my students are taking a test )

But -- I wouldn't go into a whole lot of detail on it - but you might want to check out the inextricably intertwined psrt -- and throw those words in there somewhere.

http://www.va.gov/vetapp06/files2/0608100.txt

The Board notes that the claim for service connection for an

acquired psychiatric disorder, secondary to a left knee

disability is inextricably intertwined with the issue of

whether service connection is warranted for a left knee

disability. Where a pending claim (i.e., service connection

for an acquired psychiatric disorder, secondary to a left

knee disability) is inextricably intertwined with a claim

currently on appeal (service connection for a left knee

disability), the appropriate remedy is to remand the claim on

appeal pending the adjudication of the inextricably

intertwined claim. See Harris, supra; cf. Holland v. Brown,

6 Vet. App. 443 (1994)..

[Guest Vietnam Tanker]

donews, go for it you have nothing to lose

[Berta]

Beautiful Don-

their own words became the evidence to re-open this claim!

Why ask for DRO- even the lowest level VA rater could easily handle this and make an award.

well maybe you SHOULD ask for a DRO-

this is a no brainer award- most of them probably couldnt handle it.

[john999]

I don't see how they could parse out how your DMII was not responsible for your depression and your heart condition might be. I believe that depression is one secondary condition to any major disability or disease. i think they were just playing games with you but you got them with their own words,ha,ha. Let's see them wriggle out of this.

[donews]

Free,

Thank you, I am going to rewrite this to add the intertwining thingy ma bobber. It can only help just incase they don't like my original arguement.

Berta,

Exactly why I asked for a DRO, the rater would need the capacity to do something easy and normal, and we know just how likely that is. NOT!

Thank you to everyone for the responses.

I will post the rewritten claim tommorow and then off she goes to the big ole VA.

[Josephine]

I like it, but I am anxious to read the "intertwining thingy" version.

Always,

Betty