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Mental Health C&p Secondary Sc For Depression

Question

I filed for depression or other mental/psychological disorder secondary to my chronic lumbar strain with DDD, etc.

The C&P exam by a psychologist seemed to go well enough. She ended up deciding that in addition to Dysthymic D/O (long term depression) that I also have Chronic Pain D/O, with a GAF of 50 and says it affects my productivity and reliability.

However, I think the opinion part pulls the rug out from under me. On the first read, I thought I had it made, but then I read it again. Depression definitely got worse since then LOL. Here's what it says (I eliminated a lot of trivial stuff).. Does this sound as bad as I think as far as getting SC?

A STANDARD MEDICAL OPINION WAS REQUESTED.

PROVIDERS RESTATEMENT OF REQUESTED MEDICAL OPINION. THIS IS NOT THE MEDICAL OPINION ITSELF:

Please provide medical opinion as to the effect of the veteran's service connected disability, which is the service connected chronic lumbar strain with degenerative disc disease?

Depression is due to or a result of the back strain injury the vet encountered circa 1973 when active duty military.

However; further down the same page, it says:

(STANDARD EXAMINERS MEDICAL OPINION)

THE CONDITION/DISABILITY Please provide medical opinion as to the effect of the veteran's service connected disability, which is the service connected chronic lumbar strain with degenerative disc disease?

I CANNOT RESOLVE THIS ISSUE WITHOUT RESORT TO MERE SPECULATION. Blah blah blah. She does note that separation physical from 1974 notes depression and insomnia, which are current problems. But, she says she can't pin down whether they're connected to my current problems.

So, which is the opinion? Cannot resolve, or due to? Anybody?

The rest of the report seems like a good assessment IF this is in my favor. The GAF stuff:

Axis I: Dysthymic D/O; Pain d/o associated w/ both psych facts and gen med condition

(The pain d/o was news to me; she states that signs and symptoms during testing etc. brought that diagnosis.)

Axis II: Personality d/o nos w/ avoidant features, dependent & schizoid features

Axis III: refer to med chart

Axis IV: Social self-restriction; economic probs; occupational probs, medically unemployed

Axis V: GAF Score 50

There is lots more stuff that supports the diagnoses, bu the bottom line is the opinion. I'm keeping my fingers crossed about the "due to", but don't understand the conflicting info. Does anyone know?

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The BVA disregarded a VA C & P opinion for my last claim because the PA said he would have to resort to mere speculation to state my husband's undiagnosed and untreated DMII caused his IHD and strokes.

When he had finished the opinion I called his office to see status of it and his Sec told me he had remarked that I had sent VA a lot of evidence.

I guess he didnt read any of it.

BVA awarded because this opinion they had requested was to speculative and they fully considered my 3 IMOs and my lay evidence.

"I CANNOT RESOLVE THIS ISSUE WITHOUT RESORT TO MERE SPECULATION. Blah blah blah. She does note that separation physical from 1974 notes depression and insomnia, which are cu,,,," Yeah-

there is support here for the claim yet she used the WRTMS (without resort to mere speculation) way out ploy.

You could overcome the negative parts of this opinion with a strong IMO.

Personally I think this type of statement she made is mere BS and some VA doctors use it readily because they don't want to delve into a better medical rationale.

Then again there is support there for the claim------it is hard to know how the VA will consider this opinion.....

hopefully they will make a decision soon.

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