Will Va Recognize Depression And Anxiety From Years Of Chronic Pain?

[usmc0599]

Good afternoon brothers and sisters,

I've been going to a VA therapist for four months concerning anxiety attacks and depression. The anxiety attacks are triggered when I get sinus

(0%) infections because Im extremely claustrophobic and being "stuffy" stimulates a feeling of being closed in. The meds Ive been perscribbed have helped to reduce these attacks. Im on several depression and anxiety meds.

The depression itselfs stems from being in constant pain and discomfort. I suffer from chronic cervical arthritis(20%) which is spreading throughout my right arm and shoulder. I also had four surgeries to correct severe high arches (30%)

that created more problems than they solved. would it be a waste of time to submit a claim for depression and anxiety since i didn't suffer any while in the Marine Corps.

Im currently 60% disabled for cervical arthritis and pes cavus (high arches) related issues. Im rated 0% for chronic sinus infections and tension headaches. Thank you all.

[usmc0599]

*Just an update*

Thank you to all who helped through this process. You know who you are.-

The VA declined my claim for Sc Anxiety/depression secondary to chronic pain. Although I’ve been seen by a VA Dr for the past year and a half for the conditions, the VA claimed that it was not service connected because I was not seen for it while in service.

I never claimed it was, but rather caused by my several SC'ed chronic issues. Oh well, I’ve decided not to pursue this any further until I can afford to go see a real shrink that can connect the dots. I did, however, receive an increase for my cervical arthritis from 10% to 20%.

And, to my surprise, without filing for it the VA gave me a 20% rating for my right arm and 30% for my left arm. I am now at 80% overall....... I will now begin the process of pursuing service connection for knee, hip and lower back, secondary to multiple surgeries that were meant to correct my high arches. To keep it short, three different surgeries were done to correct the same problem. The result has been one corrected foot and a severely arched foot. Every VA podiatrist agreed that my knee, hip and lower back are a direct result of these surgeries, but refuse to put it in writing. Any advise on how to approach this would be greatly appreciated. Thank you again.

[donna68]

usmc0599,

Glad to hear you got an increase, but I still think you should persue the mental health claim if you truley feel they are related to your medical conditions. If you can get one psychologist or psychiatrist to put in writing that your depression and or anxiety is at least as likely as not or a 50/50 probabilty that the mental health conditions are a result of your service connected medical conditions, you will prevail. Just my opinion, but if I were you, I would work on getting the documentation and appeal the denial, you have a year to do so. If you feel you deserve the beneft, go for it!

[deanbrt]

I agree with Donna and Mik. It took me 6 years and BVA but I finally won.

[Berta]

“Every VA podiatrist agreed that my knee, hip and lower back are a direct result of these surgeries, but refuse to put it in writing.”

You could certainly file a Section 1151 ,38 USC claim, if the VA did the surgeries and caused you additional disability because of medical errors. I am sure,however, you will need an IMO for the medical link.

There is plenty of info on Section 1151 in our FTCA forum with a little in the Section 1151 forum.

There is also a template there for this type of claim.

But-have you also filed for TDIU?

With 80% , unless you are still working, the VA should have sent you a TDIU form or at least stated why they didnt defer or consider a TDIU issue.

[deanbrt]

"The VA declined my claim for Sc Anxiety/depression secondary to chronic pain. Although I’ve been seen by a VA Dr for the past year and a half for the conditions, the VA claimed that it was not service connected because I was not seen for it while in service."

This really bothers me. That rater had to know that was not true.....

[usmc0599]

“Every VA podiatrist agreed that my knee, hip and lower back are a direct result of these surgeries, but refuse to put it in writing.”

You could certainly file a Section 1151 ,38 USC claim, if the VA did the surgeries and caused you additional disability because of medical errors. I am sure,however, you will need an IMO for the medical link.

There is plenty of info on Section 1151 in our FTCA forum with a little in the Section 1151 forum.

There is also a template there for this type of claim.

But-have you also filed for TDIU?

With 80% , unless you are still working, the VA should have sent you a TDIU form or at least stated why they didnt defer or consider a TDIU issue.

Berta,

I still work mam and I think they did send something about TDIU, but I havent filed for it. Im 32 years old and im still in denial about the thought of not being able to work. It frightens me that some days i feel like my body is falling apart.

Ive been avoiding the issue, but its something I will have to adress soon.

The surgeries were done while I was in the Marine Corps. Can I still file a Section 1151 ,38 USC claim?

Tahnk you mam.