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nanaeris

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I was denied depression as secondary to my service-connected knee disability. Although the C&P doctor stated my condition excertabated my depression. The Rating Specialist stated the doctor said I had depression before I had severe pain. In my NOD I stated I had pain while in the military and had pain every since. So when did I developed depression, before the military? The DRO agreed with the Rating specialist and denied my claim again. My question is if I ask the RO how the C&P doctor came up with that conclusion are they required to give me an answer? Also I had a psych evaluation in 2000 although the doctor had excess to my VA mental health record and came to the conclusion that my depression was caused by my physical pain the DRO stated the Doctor opinion did not count because she didn't have excess to my military medical records. Does this make sense? Any suggestion

Nana Eris

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If you had knee pain in the military and are SC'ed for it then I think they are just playing games with you. You need a doctor to review your SMR's and say that your depression is secondary to your SC'ed knee pain. Was the pain you had in military knee pain?

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If you had knee pain in the military and are SC'ed for it then I think they are just playing games with you. You need a doctor to review your SMR's and say that your depression is secondary to your SC'ed knee pain. Was the pain you had in military knee pain?

Yes, that is what my 40% service-connected disability is. Also when I was in California and on SSDI, I produced the opinion of the Phychistrist report that stated that my depression was related pain. The DRO stated that her opinion was not revelant because she did not have access to my military service record. Although she reviewed my VA mental health treatment records. Also In the orginal denial I don't see any mention of my VA mental health treatment from California or from the DRO decision. Do you think I should ask the Waco regional office was this information in my file. Also I had requesed a copy of My C-File from the Waco regional about 2 months ago and their response was they did not have the complete file and would send it to me when they got it. So I assume they had to get it from the LA Regional Office in California. So I am still waiting for my C-File. I don't know if these decisions was made without my complete C-file or my mental health record from the VA in California. Is their any way I can find out?

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Yes, that is what my 40% service-connected disability is. Also when I was in California and on SSDI, I produced the opinion of the Phychistrist report that stated that my depression was related pain. The DRO stated that her opinion was not revelant because she did not have access to my military service record. Although she reviewed my VA mental health treatment records. Also In the orginal denial I don't see any mention of my VA mental health treatment from California or from the DRO decision. Do you think I should ask the Waco regional office was this information in my file. Also I had requesed a copy of My C-File from the Waco regional about 2 months ago and their response was they did not have the complete file and would send it to me when they got it. So I assume they had to get it from the LA Regional Office in California. So I am still waiting for my C-File. I don't know if these decisions was made without my complete C-file or my mental health record from the VA in California. Is their any way I can find out?

You should have just one C-file. Once you opened the claim at another regional office, they should have sent for your file from the other RO. Ask for reconsideration with the medical information from the VA in California. In the Duty to Assist letter they asked you for information that support your claim. You have to tell them where the information is. Do not assume that it is at their desposal. They do not have access to nationalwide hospital records. They have to send for those records. Regional offices are given access to the records in their state and sometimes surrounding areas.

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I don't know if these decisions was made without my complete C-file or my mental health record from the VA in California. Is their any way I can find out?

Look in the EVIDENCE and REASON's and BASES SECTION of the Rating Decisions

to see if those records were listed and/or referred to.

jmho,

carlie

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If you had knee pain in the military and are SC'ed for it then I think they are just playing games with you. You need a doctor to review your SMR's and say that your depression is secondary to your SC'ed knee pain. Was the pain you had in military knee pain?

Yes, I was diagnosed with patella tendonitis after falling during training and playing basketball. I also was diagnosed with chondromalacia and given a temporary profile change. I was sent to combat trainning for Air Force Security Policeman this is something I will never forget because I asked to go to the doctor because of swelling in my knees and the Sgt. said I could go but I would have to starting trainning over. When I got back to my base the doctor wasn't to happy. What they did is took me out of one section and put me in another section that didn't require stress on my knees. These was orthropedic doctors that I was seeing and making the diagnosis. When I got overseas I was put in Flightline security. I got assaulted and fail on my knees and was sent to the clinic. X-rays showed I had osgood schlatters disease and the doctors determined I had this before I entered the military but my military service aggravated it although I had grew 2-1/2" while in the service. When I was sent to an orthropedic doctor he stated I also hand chondromalacia. The Air Force PEB stated I had the condition before entering the military and it was aggravated by service. Although this is only part of the story, I had a hell of a fight with the VA about this being service connected. To get back to the point what I plan on doing is getting all this information and ask for another evaluation. I have had two surgeries since being out of the military and I am service connected for hearing loss and tinnitius although this is only part of the story do you think this is a good idea to present to a doctor?

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