New Claim: Depression, Anxiety, Psd

[tk3000]

Hi Folk,

I am about to file a claim for depression and anxiety since there is a direct relation of such conditions with my chronic pain and difficulties of mobility, etc. I have been under pain meds (Piroxicam, another med for muscle spams, also gerd, and medication for anxiety and depression prescribed by the VA psychologist for over 3 years).

My question is: Everybody has ups and downs in life (death of family member, financial difficulties, personal difficulties, etc) and may have depression and have taken meds at some point in life. Previously to join the military I have had such episodes in life, and took some meds back then for a short time. So my question is: could the VA deny the claim on the basis that one have had episodes of depression before?

Considering the fact that more than half of the American population is taking or has taken such meds at any given time in life, for instance, and that such episodes happen to almost everyone. Also considering the strong and directly relation that does exist between chronic pain and difficulties to perform normal task, etc. Could the VA deny such claim based on such nonsense basis arguing that it is somehow a preexisting condition.

Any help would be greatly appreciated,

tk3000

[Pete53]

I see that you are already rated at 40%. Depression and anxiety can be caused by a chronic health problem.

Good Luck on your claim remember the building block to a solid claim are a current diagnosis with a provable link to the time you were in service and evidence.

[mags1023]

Hi Folk,

I am about to file a claim for depression and anxiety since there is a direct relation of such conditions with my chronic pain and difficulties of mobility, etc. I have been under pain meds (Piroxicam, another med for muscle spams, also gerd, and medication for anxiety and depression prescribed by the VA psychologist for over 3 years).

My question is: Everybody has ups and downs in life (death of family member, financial difficulties, personal difficulties, etc) and may have depression and have taken meds at some point in life. Previously to join the military I have had such episodes in life, and took some meds back then for a short time. So my question is: could the VA deny the claim on the basis that one have had episodes of depression before?

Considering the fact that more than half of the American population is taking or has taken such meds at any given time in life, for instance, and that such episodes happen to almost everyone. Also considering the strong and directly relation that does exist between chronic pain and difficulties to perform normal task, etc. Could the VA deny such claim based on such nonsense basis arguing that it is somehow a preexisting condition.

Any help would be greatly appreciated,

tk3000

I am rated for depression as secondary to my chronic DDD to my cervical spine. When making your claim, associate it with what you are going through now and don't mention the past. If your chronic pain is causing your depression and anxiety then that is all you need. I actually got my rating through the QTC examiner that the VA sent me to. He said the right things, so I didn't need an IMO. Of course, the VA low balled my percentage for Dep at 10%, so I am in an appeal waiting for the BVA hearing. I would recommend going to 38 CFR and reviewing the rating criteria for mental disorders. See what symptoms you have and what rating criteria they fall under. Those are the conditions that they will rate you by. Of course, it depends on who your rater is. Mine ignored many conditions I suffer from and that the QTC examiner noted that fall in the 30 or 50% category. Your GAF score is also important, but you have little control over that. The examiner will provide that score to the VA. Good luck and be sure to check Rentalguy1's profile. He has info in his signature line that is very beneficial.

Good luck, Mags

[Commander Bob]

Hi Folk,

My question is: Everybody has ups and downs in life (death of family member, financial difficulties, personal difficulties, etc) and may have depression and have taken meds at some point in life. Previously to join the military I have had such episodes in life, and took some meds back then for a short time. So my question is: could the VA deny the claim on the basis that one have had episodes of depression before?

Could the VA deny such claim based on such nonsense basis arguing that it is somehow a preexisting condition.

Any help would be greatly appreciated,

tk3000

Merry Christmas tk3000. excellent question. I have always thought that if you passed the military physical and you were approved fit for duty. your preexisting condition was not disabling. Now it is. Was it exacerbated by your service or your sc disability, like Pete53 mentioned earlier? Again, excellent question. I wonder what the VA's position is on preexisting conditions?

[tk3000]

Merry Christmas CommanderBob, mags1023, Pete! Thanks for the insights!

I will carefully build up and develop my case. The problem is that apart of be taking meds I usually do not talk to the VA's pshychiatrist about all issues and usually I downplay the situation (I guess I will have to change that). But the fact that I am under meds issued by the VA to control depression and anxiety which should weight quite a bit. When I filed the claim through IRIS I was told among other things that it would be a good idea to have people close to me to write a statement indicating that I am suffering from depression.

I remember reading a case on the VAB wherein it was said that even if the veteran have had depression before his pain condition would at least aggravated the depression. Besides depression can be a result of several factors and in my case was never a chronic condition (as it is now).