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  • 14 Questions about VA Disability Compensation Benefits Claims

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    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 ...
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  • Most Common VA Disabilities Claimed for Compensation:   

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

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    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

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Question

I have been out of active duty for 6 months, I am service connected for back and bladder issues. I have been expiriencing some deppression since I am unable to do the physical things I once was able to do. I made a call to the VA and asked if I could file a claim for deppresion secondary to my physical disabilitys. I was told it would be unlikely for me to get anything unless it was in my records while i was on active duty. Well like I said, I did not start expirience this deppression until I got out. I have recently gone to the VA and starting taking deppression meds and I have an appointment with a physc doc soon. Is it possible for me to file for depreesion. I am really overwhelmed with this deppression, I had a fusion and it so limits the things I can do, I am in cronic pain and that is documented.

I was given a tens unit for the pain and ofcourse the meds. Which I am given 120 Vicoden a month, not to mention the flexeral etc. I believe all of these things are a factor for my deppression.

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Yes by all means claim the depression as secondary to the other issues.

Are you able to work at all?

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They lied, you would/will need a doctor (psychiatrist) to state that your depression is related to your service connected conditions and then you can file a claim to get it service connected.

§ 3.310 Disabilities that are proximately due to, or aggravated by, service-connected disease or injury.

(a) General. Except as provided in §3.300©, disability which is proximately due to or the result of a service-connected disease or injury shall be service connected. When service connection is thus established for a secondary condition, the secondary condition shall be considered a part of the original condition.(B) Aggravation of nonservice-connected disabilities. Any increase in severity of a nonservice-connected disease or injury that is proximately due to or the result of a service-connected disease or injury, and not due to the natural progress of the nonservice-connected disease, will be service connected. However, VA will not concede that a nonservice-connected disease or injury was aggravated by a service-connected disease or injury unless the baseline level of severity of the nonservice-connected disease or injury is established by medical evidence created before the onset of aggravation or by the earliest medical evidence created at any time between the onset of aggravation and the receipt of medical evidence establishing the current level of severity of the nonservice-connected disease or injury. The rating activity will determine the baseline and current levels of severity under the Schedule for Rating Disabilities (38 CFR part 4) and determine the extent of aggravation by deducting the baseline level of severity, as well as any increase in severity due to the natural progress of the disease, from the current level.

Edited by pete992

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You were given bad advice as you can claim it secondary to any rated condition. Almost any thing that is service connected can get a depression rated especially if you get a Diagnosis that links it.

Good Luck

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Yes by all means claim the depression as secondary to the other issues.

Are you able to work at all?

I deal with cronic pain. I cant stand or sit more than an hour without the pain being unbearable. When I was first rated the rater said I should file for IU. I did and I was denied. I have just recently been scene at the VA for the deppression and have been on the depression meds for about two months. I have a appointment on the 4 of dec. I just dont know when to file for the depression.

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What was the reason(s) they denied your IU claim. If you have already been seen by the VA for depression they should have diagnosed you and given you a GAF score. Go to the release of information office at the VAMC and get a copy of you latest medical records or progress reports and read them to see what they say.

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