Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

Top 10 VA Disability Claims Articles

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Request To Reopen Mdd Claim

Rate this question

donews

Asked by donews,

 Share

Question

donews Rising Star

donews

Posted
Posted

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

Donewsome

Link to comment
Share on other sites
  • Answers 30
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

Popular Days

30 answers to this question

Recommended Posts

free_spirit_etc Grand Master

free_spirit_etc

Posted
Posted

I thought the same thing. They should be able to grant it - no problem.

Looks like Don can turn their won game against them. They didn't notice the intertwining of the claims - so they used one claim to deny another.

I agree with john999 on this. How in the world could they decide with ALL the issues he had going on, that his depression was CAUSED by ONLY the Nonservice connected condition (that ended up being service connected.)

I think they were playing a game - but now the game can turn back on them - because they used heart condition as a CAUSE for the depression to DENY the claim - now that the heart condition is SC - they will have a hard time saying it is NOT caused by the heart condition. (Though I still think it is a good idea to tie it in to the other SC conditions.)

Free

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.

Think Outside the Box!
Link to comment
Share on other sites
free_spirit_etc Grand Master

free_spirit_etc

Posted
Posted

LOL @ the thingy ma bobber!

Free

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.

Think Outside the Box!
Link to comment
Share on other sites
free_spirit_etc Grand Master

free_spirit_etc

Posted
Posted

Pardon us women folk while we talk Don...

But I LOVE your quilt Betty! It is so colorful and beautiful!

I have thought of having a quilt or wall hanging made out of some of my favorite clothes of my husband's. (Notice it is not HIS favorite clothes - but MY favorite ones of HIS) lol

Anyway - I only was able to come up with a VERY small pile to get rid of so far. Because he wore this shirt to tat event and that shirt to this event - and I always loved that one - etc. etc.

So I have thought of having something made from them. Not a rug -- don't want to step on him that much. lol

Tomorrow is our wedding anniversary. So even today is very bitter-sweet.

Free

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

Always,

Betty

Think Outside the Box!
Link to comment
Share on other sites
  • HadIt.com Elder
Josephine Grand Master

Josephine

Posted
  • HadIt.com Elder
Posted (edited)
Pardon us women folk while we talk Don...

But I LOVE your quilt Betty! It is so colorful and beautiful!

I have thought of having a quilt or wall hanging made out of some of my favorite clothes of my husband's. (Notice it is not HIS favorite clothes - but MY favorite ones of HIS) lol

Anyway - I only was able to come up with a VERY small pile to get rid of so far. Because he wore this shirt to tat event and that shirt to this event - and I always loved that one - etc. etc.

So I have thought of having something made from them. Not a rug -- don't want to step on him that much. lol

Tomorrow is our wedding anniversary. So even today is very bitter-sweet.

Free

Free,

Don won't mind if we have a little talk on his post.

I wanted to wish you a Happy Anniversary. I wish the circumstances could be better.

I want to see your win your claim with the VA.

A quilt would be lovely, free. It would be a beautiful keepsake and something to cherish.

I could never make one, too nervous, but I love to buy them and display them.

Always,

Betty

Edited by Josephine
Link to comment
Share on other sites
donews Rising Star

donews

Posted
  • Author
Posted (edited)

Free & Josephine,

No problem at all, you ladies chit chat all you need.

Happy Anniversary Free!

Thank you both for your comments!

By the way, yes Josephine that is a beautiful quilt.

I can not quilt, but I can chrochet!

Edited by donews

Donewsome

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to question listing


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!

  • Recent Achievements

    • Week One Done
      spazbototto
      spazbototto earned a badge
      Week One Done
    • Week One Done
      Paul Gretza
      Paul Gretza earned a badge
      Week One Done
    • Community Regular
      Troy Spurlock
      Troy Spurlock went up a rank
      Community Regular
    • Week One Done
      KMac1181
      KMac1181 earned a badge
      Week One Done
    • Week One Done
      jERRYMCK
      jERRYMCK earned a badge
      Week One Done

  • Our picks

    • VA Disability Claims: 5 Game-Changing Precedential Decisions You Need to Know

      Tbird posted a record in VA Claims and Benefits Information,

      These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

      Effective Dates

      Martinez v. McDonough (2023)
      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

      Rating Issues

      Continue Reading on HadIt.com
      • 0 replies
      Tbird

      Picked By

      Tbird,

    • Are all military medical records on file at the VA?

      RichardZ posted a topic in How to's on filing a Claim,

      I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
      RichardZ

      Picked By

      RichardZ,
    • Caluza Triangle defines what is necessary for service connection

      Caluza Triangle defines what is necessary for service connection

      Tbird posted a record in VA Claims and Benefits Information,

      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
      Tbird

      Picked By

      Tbird,

    • Post in ICD Codes and SCT CODES?WHAT THEY MEAN?

      Timothy cawthorn posted an answer to a question,

      Do the sct codes help or hurt my disability rating 
      yellowrose

      Picked By

      yellowrose,

    • Post in Chevron Deference overruled by Supreme Court

      broncovet posted a post in a topic,

      VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
      Lemuel

      Picked By

      Lemuel,
    View All
×
×
  • Create New...

Important Information

Guidelines and Terms of Use

  I accept