Jump to content
VA Disability Community via Hadit.com

 Click To Ask Your VA Claims Question 

 Click To Read Current Posts  

  Read Disability Claims Articles 
View All Forums | Chats and Other Events | Donate | Blogs | New Users |  Search  | Rules 

  • homepage-banner-2024-2.png

  • donate-be-a-hero.png

  • 0

Notice Of Disagreement

Rate this question


nanaeris

Question

I had a C&P exam for major depression secondary to service connected knee disability. The doctor stated my mental condition was exacerbated by my physical condition. The doctor stated my GAF was 65. Even with this evidence the VA denied my claim. They stated something about alcohol in remission. Does this makes any since to anyone. My doctor states I might have been an excessive drinker but never an alcoholic. I haven't had a drink in 15 years. Does this make any since to anyone. I appeal the decision. Can someone give me any advice? Thank you,

NanaEris

Link to comment
Share on other sites

  • Answers 11
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

Recommended Posts

  • HadIt.com Elder

nanaeris-

"The doctor stated my mental condition was exacerbated by my physical condition".

Does this makes any since to anyone?

Yes, if I understand your case, your depression claim is secondary to your SC knee condition. The key word is "exacerbated" and as long as it is not the proximate cause you will have a hard time winning this claim.

exacerbate [ig-zass-er-bate] Verb[-bating, -bated] to make (pain, emotion, or a situation) worse [Latin acerbus bitter] exacerbation n

While your knee condition may make your depression worst, clearly the R/O considers your depression as existing before your knee condition was so sever that it could be the proximate cause.

To win a secondary claim you must prove that your secondary condition is directly caused by your SC condition.

As far as your "excessive drinking", who knows how your doctor came up with this. But, to me the key when you wrote "My doctor states", this would imply that it was not the C&P doctor whom wildly inserted this, but rather your doctor whom is familiar with you and your past medical history.

Clearly you have no claim.

Link to comment
Share on other sites

nanaeris-

"The doctor stated my mental condition was exacerbated by my physical condition".

Does this makes any since to anyone?

Yes, if I understand your case, your depression claim is secondary to your SC knee condition. The key word is "exacerbated" and as long as it is not the proximate cause you will have a hard time winning this claim.

exacerbate [ig-zass-er-bate] Verb[-bating, -bated] to make (pain, emotion, or a situation) worse [Latin acerbus bitter] exacerbation n

While your knee condition may make your depression worst, clearly the R/O considers your depression as existing before your knee condition was so sever that it could be the proximate cause.

To win a secondary claim you must prove that your secondary condition is directly caused by your SC condition.

As far as your "excessive drinking", who knows how your doctor came up with this. But, to me the key when you wrote "My doctor states", this would imply that it was not the C&P doctor whom wildly inserted this, but rather your doctor whom is familiar with you and your past medical history.

Clearly you have no claim.

Interesting. When I retired I had depression and a lot of other things. I was given a choice of retiring or put out on medical. Guess which one I chose?

I had 2 different c&p exams to get my previous rating of 100% IU P&T. Both C&P psychologists stated I had major depression. My local psychs stated I had major depression. SS psychs said my mental conditon was totally disabling. VA rater only stated depressive disorder 20%. Social worker at VA put it in the computer as dysthymic disorder. So you never know what someone at the VA will do. I did not appeal the VA decision at the time because they also gave me P&T.

A year later the SSDI judge asked me "who in the h... said dysthymic disorder". I told him the VA. The judge said "it figures". SS rated my mental condition alone as totally disabling even though they had my VA c-file. SS determined my wife had to handle my money, but changed that decision since I have never abused money and my wife has taken care of our money for many years anyway. So it still goes in the joint account. She even reminds me to take my meds and orders them for me through the VA except for one med I have to see a VA doc for each month.

Now the VA says my P&T is in error. But something I did not notice before. The VA only referenced one line in the P&T decision as being in error. Guess it takes time and a lawyer to catch this. But with my depression I was in no condition to notice anything. I do have a psych appointment tomorrow. I hope I can be back on here tomorrow night. My wife says since she is here to watch me they probably will not put me in the hospital.

I have my wife type things for me. I am a lousy typer and I don't always make sense. But she knows it helps me to keep in touch with veterans that also have so many problems.

I do know that a GAF is based on just the time you are there with the psych. It probably won't be the same each time if you have a severe mental disorder. And it is not a diagnosis. After seeing the same psychs for 10,15 or 20 years they get to know the person more. My wife watches my moods and has at times had to make me an appointment between appointments because I got bad off even though I did not think I was doing bad.

I guess people see me different than I see myself.

Link to comment
Share on other sites

I had a C&P exam for major depression secondary to service connected knee disability. The doctor stated my mental condition was exacerbated by my physical condition. The doctor stated my GAF was 65. Even with this evidence the VA denied my claim. They stated something about alcohol in remission. Does this makes any since to anyone. My doctor states I might have been an excessive drinker but never an alcoholic. I haven't had a drink in 15 years. Does this make any since to anyone. I appeal the decision. Can someone give me any advice? Thank you,

NanaEris

I am service connected for Major Depressive Disorder secondary to the chronic pain in my spine. At my C&P, the psych put that my MDD condition was due to the chronic pain. I believe your only hope here is to consult the doctor that stated your mental condition was exacerbated by your physical condition. I would ask if he or she meant to say it was caused by your physical condition and if he would ammend his report to indicate that it is the primary cause. Did you suffer from depression prior to your physical condition problems? These C&P docs sometimes don't realize how the VA scrutinizes their every word. I got low ball rated (10%) because the psych put that I had a blunted affect instead of flattened affect. Flattened affect is under the criteria for 50%, but since he didn't write it that way, I now have an to appeal. If you look at blunted affect in medical dictionaries it refers you to flattened affect, but the VA rater and DRO weren't smart enough (actually we know they didn't care enough) to check.

Link to comment
Share on other sites

I am service connected for Major Depressive Disorder secondary to the chronic pain in my spine. At my C&P, the psych put that my MDD condition was due to the chronic pain. I believe your only hope here is to consult the doctor that stated your mental condition was exacerbated by your physical condition. I would ask if he or she meant to say it was caused by your physical condition and if he would ammend his report to indicate that it is the primary cause. Did you suffer from depression prior to your physical condition problems? These C&P docs sometimes don't realize how the VA scrutinizes their every word. I got low ball rated (10%) because the psych put that I had a blunted affect instead of flattened affect. Flattened affect is under the criteria for 50%, but since he didn't write it that way, I now have an to appeal. If you look at blunted affect in medical dictionaries it refers you to flattened affect, but the VA rater and DRO weren't smart enough (actually we know they didn't care enough) to check.

What I am saying is this is what the VA stated on the denial report. Do I need to get the C&P report and read it. What I wrote on the NOD was I was in a military hospital for 4 months and that my depression started when because of my knee condition and pain kept me from getting jobs. And I stated when I did get a job because I did have a secrect clearance and was a security policeman, after 3 months on the job, I had to have major surgery on my knee and could not due the job anymore. I lost everything I had waiting on the VA and being denied and going through the Appeal process and not being able to hold a job because of my disability.

Link to comment
Share on other sites

I am service connected for Major Depressive Disorder secondary to the chronic pain in my spine. At my C&P, the psych put that my MDD condition was due to the chronic pain. I believe your only hope here is to consult the doctor that stated your mental condition was exacerbated by your physical condition. I would ask if he or she meant to say it was caused by your physical condition and if he would ammend his report to indicate that it is the primary cause. Did you suffer from depression prior to your physical condition problems? These C&P docs sometimes don't realize how the VA scrutinizes their every word. I got low ball rated (10%) because the psych put that I had a blunted affect instead of flattened affect. Flattened affect is under the criteria for 50%, but since he didn't write it that way, I now have an to appeal. If you look at blunted affect in medical dictionaries it refers you to flattened affect, but the VA rater and DRO weren't smart enough (actually we know they didn't care enough) to check.

Do I go back to the C&P doctor too get this clarified or do I go to my doctor and counslor to get a clarification? I have not read the C&P report. I did let my doctors know about my limitations and the problems my disabilities has caused me. I have had to take lower paying jobs because of my disabilities and have to work in pain. Right now I am working as a clerk although I have been trained as a network technician and have turned down jobs paying twice as much as I am now making. Any advice.

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
×
×
  • Create New...

Important Information

Guidelines and Terms of Use