Depression ..how To Claim

[c&p man]

I am claiming depression for my service connected back,migrains, and foot and ankle. i got a letter stating they are still working on my claim. I was denied depression before but i didnt submit a reason for having it before..... I have a diagnoses from the va theriapist but its for a non service connected issue which the va knows about and stated in the letter ..The va stated that i do have a dianoses of depression and was denied it a copuple of years ago and that i need to show a connectin.. i know the va will throw the non connected issue up in the final decision since they all ready sent me this letter stating i need something to show that my service connected issue have casued me depression.... well my serivice connected issues and my non service have casued depression as the eveidence shows and the va know about my non service connected diagnoses of depression...... I have been seeing a private theriapist for about 2 months i know i will have to get some kinds of imo to get a nexus .... and that i will hae to ask him to seperate the 2 eents and show how they both give me depression...how can i make a stronger arugrement for the service connected issue since the va is focused on my non service connect issues in order to denie me?

[LarryJ]

I think that you answered your own question.

[carlie]

I am claiming depression for my service connected back,migrains, and foot and ankle. i got a letter stating they are still working on my claim. I was denied depression before but i didnt submit a reason for having it before..... I have a diagnoses from the va theriapist but its for a non service connected issue which the va knows about and stated in the letter ..The va stated that i do have a dianoses of depression and was denied it a copuple of years ago and that i need to show a connectin.. i know the va will throw the non connected issue up in the final decision since they all ready sent me this letter stating i need something to show that my service connected issue have casued me depression.... well my serivice connected issues and my non service have casued depression as the eveidence shows and the va know about my non service connected diagnoses of depression...... I have been seeing a private theriapist for about 2 months i know i will have to get some kinds of imo to get a nexus .... and that i will hae to ask him to seperate the 2 eents and show how they both give me depression...how can i make a stronger arugrement for the service connected issue since the va is focused on my non service connect issues in order to denie me?

c&pman,

If your prior denial for depression was over one year ago, you will need more than a nexus.

New & Material evidence will be required to re-open the claim.

Obtaining N&M is not as easy as it sounds.

If it is something that is repetative but from a different doctor - that will not necessarily

meet the requirements of it being N&M.

There is a rule for N&M - maybe someone will dig it up and post it here.

jmho,

carlie

[carlie]

However, if new and material evidence is presented or secured

with respect to a claim which has been disallowed, VA shall

reopen the claim and review the former disposition of the

claim. Manio v. Derwinski, 1 Vet. App. 145 (1991). When

determining whether additional evidence is new and material,

VA must determine whether such evidence has been presented

under 38 C.F.R. § 3.156(a) in order to have a finally denied

claim reopened under 38 U.S.C.A. § 5108 (West 2002 & Supp.

2007). Effective from August 29, 2001, the regulations

defining "new and material evidence" were revised and

clarify the types of assistance the VA will provide to a

claimant attempting to reopen a previously denied claim.

38 C.F.R. §§ 3.156(a) and 3.159(b). These specific

provisions are applicable only to claims filed on or after

August 29, 2001. As the veteran filed his claim seeking to

reopen in December 2002, the Board has considered these

provisions.

To reopen a claim which has been previously denied and which

is final, the claimant must present new and material

evidence. 38 U.S.C.A. § 5108 (West 2002 & Supp. 2007).

Under the amended regulations,

new evidence means

existing evidence not previously submitted to agency decision makers.

Material evidence means existing evidence that, by itself or

when considered with previously evidence of record, relates

to an unestablished fact necessary to substantiate the claim.

New and material evidence can be neither cumulative nor

redundant of the evidence of record at the time of the last

prior final denial of the claim sought to be reopened, and

must raise a reasonable possibility of substantiating the

claim. 38 C.F.R. § 3.156(a) (2007).

[broncovet]

Never Lie, but always give plenty of reasons favorable to your claim. If your back pain depresses you, for example, if you take pain meds for it, and you look up on the internet that depression is a side effect of the pain meds you are on, then tell your doc that.

If you feel depressed because your back pain prevents you from being able to repair your house, fix your car etc, and you feel worthless because of it, then tell the doc that.

If the pain medication you are taking disrupts your sleep, or makes you sleep longer, tell your doctor, and explain how you think your poor sleep habits contribute to your deprssion, then tell him.

(One symptom of depression is poor sleep habits..inability to fall asleep, etc)

After you go to the doc, go read his exam report. If he writes down what you said and it sounds like he is favorable to your claim, then keep seeing him. On the other hand, if he suggests you saying that the pain meds causing your depression is hogwash, then get another Doc..he isnt on your side. Get a doc on your side. You dont want to be treated by a doctor who is trying to help the VA reduce or deny your rating. You want one that cares about you, not about how much money is in government coffers.

Edited August 28, 2009 by broncovet

[Ricky]

You will have to have a current diagnosis of depression - along with an opinion from the doc that your service connected disabilities aggravate the depression. As Larry said "you answered your own question".

[c&p man]

You will have to have a current diagnosis of depression - along with an opinion from the doc that your service connected disabilities aggravate the depression. As Larry said "you answered your own question".

i do have a current daignose of depression and i did before... i just need to seprerate my nono connected depresion from my service connected depression... when i filed for depresion the first time i just said i had depression from service and that it..that wsa before this site....i dont understand why they keep refering back to that denied claim when this is for my back,migrain,ankle,foot service connected issues.... i know it a claim for depression but it a different reason....? my diagnose is major depression ...i just know that the va is going to use my non service connected issue to denie me ...i fill like just giving up so many times..