Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

I Cant Claim Depression So How To Claim?

Rate this question


rgero311975

Question

I need help on filing for the pain i suffer from service connected spine,migrain,sciaticia,degerative ankle disease and achilles tendinitis.. I can not claim depression becasue of these as i have tried 3 times ,but i was stabbed when i got out of the military and they related all my depression... I have tried to file depression secondary to all my service connected issues but it not going to work!!!!!!!!!!!! May be PAIN SYNDROME or some other diagnoses that doesnt relate to depresison but i can get services connected for.. I have depression for my service connected issue but they relate it to the stabbing!!!!!!!!!!! codes 9435 Mood disorder,9422 Pain disorder for all my service connected issues? would this be far away from deprression?

Link to comment
Share on other sites

  • Answers 9
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

Recommended Posts

  • HadIt.com Elder

I need help on filing for the pain i suffer from service connected spine,migrain,sciaticia,degerative ankle disease and achilles tendinitis.. I can not claim depression becasue of these as i have tried 3 times ,but i was stabbed when i got out of the military and they related all my depression... I have tried to file depression secondary to all my service connected issues but it not going to work!!!!!!!!!!!! May be PAIN SYNDROME or some other diagnoses that doesnt relate to depresison but i can get services connected for.. I have depression for my service connected issue but they relate it to the stabbing!!!!!!!!!!! codes 9435 Mood disorder,9422 Pain disorder for all my service connected issues? would this be far away from deprression?

Do you actually have a doctor's diagnosis for "depression"?

Is the VA taking care of your healthcare needs?

If so, are you seeing a VA psychiatrist or psychologist?

WHO are you seeing? Who decided that the depression was related to your being stabbed?

You filed three times for depression related to your service-connected issues. What was the outcome of all three of these claims? What did the Statement Of the Case (SOC) have to say about each one?

Do you have ANY help with this claim? A Veterans Service Organization? What are they telling you?

"It is cold and we have no blankets.

The little children are freezing to death.

My people, some of them, have run away to the hills, and have no blankets, no food; no one knows where they are-perhaps freezing to death.

I want to have time to look for my children and see how many of them I can find.

Maybe I shall find them among the dead.

Hear me, my chiefs! I am tired; my heart is sick and sad.

From where the sun now stands, I will fight no more forever."

Chief Joseph

Link to comment
Share on other sites

Do you actually have a doctor's diagnosis for "depression"? yes it from the va related to my stabbing

Is the VA taking care of your healthcare needs?yes they are but i quit going for the mental side of things since they wre focused on depression from stabbing

If so, are you seeing a VA psychiatrist or psychologist?va phychiatrist but i am looking for a private dr...

WHO are you seeing? Who decided that the depression was related to your being stabbed? the va dr did since that all i talked about before i claimed stuff

You filed three times for depression related to your service-connected issues. What was the outcome of all three of these claims? What did the Statement Of the Case (SOC) have to say about each one?

Do you have ANY help with this claim? yes A Veterans Service Organization? yes What are they telling you? too claim something beside depression for my sc issue becasue like before they keep getting deinided\\\

Link to comment
Share on other sites

  • HadIt.com Elder

If you get connected for chronic pain I don't see how they can deny you for depression as secondary to all those other issues. If would file for all those things and when you file NOD go get a lawyer or get Larry. Just because they deny you does not mean you can't get connected eventually. I got denied for an increase about five times before I finally got wise. I got me some good doctors and got help here on Hadit and I got my increase.

Link to comment
Share on other sites

  • Moderator

If you don't have a diagnosis or treatment for depression, you can' t file for it. Without a medical nexus or a doctor (better yet, a therapist) saying that your depression is the result of pain, etc, it won't happen. The SOC should tell you exactly why you were denied. Use the SOC as the map for building your rebuttal.

Edited by brokensoldier244th

The Earth is degenerating these days. Bribery and corruption abound.Children no longer mind their parents, every man wants to write a book,and it is evident that the end of the world is fast approaching. --17 different possible sources, all lacking verifiable attribution.

B.S. Doane College, Mgt Info Systems/Systems Analysis 2008

M.S.Ed. Purdue University, Instructional Development and Technology, Feb. 2021

M.S. Purdue University Information Technology/InfoSec, Dec 2022

100% P/T

MDD

Spine

Radiculopathy

Sleep Apnea

Some other stuff

-------------------------------------------
B.S. Info Systems Mgt/Systems Analysis-Doane College 2008
M.S. Instructional Technology and Design- Purdue University 2021

 

(I AM NOT A RATER- I work the claims BEFORE they are rated, annotating medical evidence in your records, VA and Legal documents,  and DA/DD forms- basically a paralegal/vso/etc except that I also evaluate your records based on Caluza and try to justify and schedule the exams that you go to based on whether or not your records have enough in them to warrant those)

Link to comment
Share on other sites

my vso has told me to always go see the shrinks, to get the rating for depression disability. The thing is my doctors have been sending me to them for many years, espcially when a new docotrs didn't understand my pain.. and also when I spent a long time in a death bed in the hospital....

so I went to many appointments and special sessions for depression and also for pain clinics..

apparently, you must go to the shrinks for a long time to get a claim through..

but, it's not like I was faking it, having been sick in bed and not working for 20 years.. it is extremely miserable and you do wonder why life is worth putting up with nothing but suffering..

in any case, play the game..

IMHO

Not in appeals, since I got 100%, and some of it was winning an 1151 negligence, which the VA turns out does not give ful benefits if you win 1151 negligence they squirm and legal loophhole you and your family out of many benefits, really crapp nasty bunch running the va benefits, they wil backstab and scre wyou even if you win you lose. May 2021.

01-01-11_My_Medical_Records2.jpg

Link to comment
Share on other sites

Request a consult at the local VAMC for the Pain Clinic, afterwards the Psychologist/Psychiatrist should add this into your GAF score. It isn't easy, but it should be effective eventually.

Operation Iraqi Freedom 07-08

40% lower back, 10% migraines, 10% depression, 10% dermatitis 0% residuals of right foot, 0% esophagitis & 0% hypertension

"To care for him who shall have borne the battle and for his widow, and his orphan"

- Abraham Lincoln

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


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • Lebro earned a badge
      First Post
    • stuart55 earned a badge
      Week One Done
    • stuart55 earned a badge
      One Month Later
    • Lebro earned a badge
      Conversation Starter
    • Sparklinger earned a badge
      First Post
  • Our picks

    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
    • Welcome to hadit!  

          There are certain rules about community care reimbursement, and I have no idea if you met them or not.  Try reading this:

      https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/

         However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.  

         When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait!  Is this money from disability compensation, or did you earn it working at a regular job?"  Not once.  Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.  

          However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.  

      That rumor is false but I do hear people tell Veterans that a lot.  There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.  

      Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.  

          Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:

      https://www.law.cornell.edu/cfr/text/38/3.344

       
    • Good question.   

          Maybe I can clear it up.  

          The spouse is eligible for DIC if you die of a SC condition OR any condition if you are P and T for 10 years or more.  (my paraphrase).  

      More here:

      Source:

      https://www.va.gov/disability/dependency-indemnity-compensation/

      NOTE:   TO PROVE CAUSE OF DEATH WILL LIKELY REQUIRE AN AUTOPSY.  This means if you die of a SC condtion, your spouse would need to do an autopsy to prove cause of death to be from a SC condtiond.    If you were P and T for 10 full years, then the cause of death may not matter so much. 
×
×
  • Create New...

Important Information

Guidelines and Terms of Use