Jump to content
  • Latest Donations

  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

Sponsored Ads

  • Available Subscriptions

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • Searches Community Forums, Blog and more

  • 0
nanaeris

Notice Of Disagreement

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

Share this post


Link to post
Share on other sites

Recommended Posts

Welcome to Hadit. A GAF of 65 is not much help for a claim.

Share this post


Link to post
Share on other sites

Ad

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.

Share this post


Link to post
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.

Share this post


Link to post
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.

Share this post


Link to post
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.

Share this post


Link to post
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

  • Ads

  • Ad

  • Latest News
  • Our picks

    • SHOW YOUR SUPPORT: Ad Free Subscriptions to the Forum available
      Ad free subscriptions are available for the forum. Subscriptions give you the forums ad free and help support the forum and site. Monthly $5 Annually $50 https://community.hadit.com/subscriptions/

      Every bit helps - Thank you.

       
      • 0 replies
    • Choosing a VA Disability Attorney Means Learning What Questions to Ask
      Choosing a VA Disability Attorney Means Learning What Questions to Ask. Chris Attig - Veterans Law Blog 

      <br style="color:#000000; text-align:start">How to Hire an Attorney For Your VA Claim or Appeal Free Guidebook available on the Veterans Law Blog

      I got an email the other day from a Veteran.  It had 2 or 3 sentences about his claim, and then closed at the end: “Please call me. So-and-so told me you were the best and I want your help.”

      While I appreciate the compliments, I shudder a little at emails like this.  For 2 reasons.

      First, I get a lot of emails like this.  And while I diligently represent my clients – I often tell them we will pursue their claim until we have no more appeals or until we win – I am most assuredly not the best.

      There are a LOT of damn good VA Disability attorneys out there.  (Most, if not all, of the best are members of the National Organization of Veterans Advocates…read about one of them, here)

      Second, I don’t want Veterans to choose their attorney based on who their friend thought was the best.  I want Veterans to choose the VA Disability attorney who is BEST for their case.

      In some situations, that may be the Attig Law Firm.

      But it may also be be Hill and Ponton, or Chisholm-Kilpatrick, or Bergman Moore.  Or any one of the dozens of other attorneys who have made the representation of Veterans their professional life’s work.

      There are hundreds of attorneys that are out there representing Veterans, and I’m here to tell you that who is best for your friend’s case may not be the best for your case.

      How do you Find the Best VA Disability Attorney for your Claim?

      First, you have to answer the question: do you NEED an attorney?

      Some of you don’t...
      • 1 reply
    • VA Emergency Medical Care
      VA Emergency Medical Care
      • 3 replies
    • Veterans Appeals Improvement and Modernization Act
      Veterans Appeals Improvement and Modernization Act
      • 0 replies
    • Thanks Berta for your help. I did receive my 100% today for my IU claim on 6/20/2018. It only took 64 days to complete and it is p&t. Thanks for your words of wisdom. 
×

Important Information

{terms] and Guidelines