Depression Questions

[retiredat44]

I filed for depression and have been under a doctors care since about 1989. I was under a doctors care on active duty from illnesses int he USAF for a couple years when I was almost always sick from about (78-82-active duty) 1980-1982 - sick most the time. But, I was not seen by a physciatrist for mental health while on active duty. I was seen for neurolgicial disease, including MRI's from headaches,pain, sweling, and also doctors for the extreme edema and other illnesses from toxic chemcials. Again, I was never sent to mental health even though I suffered in great pain and crying from pain.

Then, 8 year later the doctors at Kaiser had me seeing pshycs because of my complaints of illnesses and pain. The notes by the doctors cleary state I was in depressions. The VA insited I get mental health help fo rillnesses since the 1990's and I have been under their care since the 1990's. The VA has treated me for depression for15 years too.

When I applied for my claims, one of the claims was for depression. The denials I got kept saying there was no proof of depression in the the USAF. Even though I was under their care for illnesss and pain. I had lost 2 jobs because of illnessses and had bene hsopitalized several times. That was on active duty USAF. Yet the VA claims ther eis no record of depression. Yet , look at all the records of depressiona nd illness from active duty and kaiser, and then the VA, this all going back to 1982.

I am totally dumbfounded how they can deny that part of my claim with all that I have shown from the doctors in my medical records. Do they lie like this about everyone that has suffered in pain and has had all the doctors writing I suffer form depression. I never begged any doctor to write depression, they all put this in my records on their own when I went for treatment.

I have volunteered at the VA to join chronic paint patietn groups going to goup meeting for weekly meetings for month at a time. I would also go to the mental health doctors when my doctors requested I go. I have been going al these years as the doctors requested.

My SSDI is for depression. I got that in 1995.

Yet, It is still being denied.

Again, I was uanble to work since the early 1990's. I will never work again because of permanent total illnesses.

Anyone else have a similar experience go through all these denails and finally get approved for depression int he appeals stages?

Thanx..

Edited April 1, 2011 by retiredat44

[stillhere]

Getting service connected for depression is your main objective at this time. If as you say you have filed and been denied. You are going to have to proof/point out to the VA where in your records it states you have depression and when.

Another way you might try is to get a IMO where the doctor states that more than likely your depression started in service and back that up with some rationale facts.

Until one of the other is accomplished I feel you will continue to be denied.

Not good news but I feel this is what you need.

[Berta]

I thought you had a VERY strong basis for a Section 1151 claim some time ago- based on what you posted here from a SOC you received.

I also posted a very similiar 1151 award from the BVA to support exactly what I meant.The BVA vet had exactly the same pancresatic results from the same procedure you had and was awarded under 1151.

I also suggested to print off my replies and ask your rep to consider what I had posted.

In my opinion you were malpracticed on,based from what you posted here) sometime ago and I felt this would garner a possible 100% P & T award under 1151.

Did you ever ask your rep to opine on my posts?

Did he then file a Section 1151 claim for you?

I read your posts here in great frustration because it seems to me that the RO knows full well that your claim could have the 1151 basis yet they will not award under 1151 because you didn't raise that as a potential issue warranting SC.

Did your Rep disagree with me as to 1151 or did he finally file the 1151 claim?

[Berta]

This was the BVA case I referred your rep to:

http://www4.va.gov/vetapp01/files03/0122585.txt

To summarize, the evidence shows that in October 1996 the

veteran underwent an endoscopic retrograde

cholangiopancreatography at a VA facility in order to

evaluate for chololithiasis. This procedure resulted in an

injury to his pancreas which pancreas which required

hospitalization at a VA facility in October 1996. He

continues to have pancreatic symptoms, diagnosed as a

pancreatic process in September 1999. Accordingly, Board

finds that VA treatment render in October 1996 resulted in

additional disability, diagnosed as pancreatitis. Therefore,

compensation under the provisions of 38 U.S.C.A. § 1151 is

warranted.

ORDER

Compensation benefits under the provisions of

38 U.S.C.A. § 1151 for pancreatitis is granted.

Because this is what I thought your decision posted here at hadit said:

"The VA examination shows a diagnosis of status post necrotizing pancreatitis secondary

to endoscopic retrograde cholangiopancreatography with residual chronic pancreatitis.'

In my opinion this was an admission of VA that they caused your pancreatitis.

[john999]

If you have SC condition that is the cause of your pain and depression you need a shrink to make a secondary link for depression. This is one way to do it if you have no DX for depression while on active duty.

[Hoppy]

The advice you got from John was pointing you in the right direction. Just because the word depression

is not in your SMR does not mean that a doctor might interpret things differently than the raters did.

If you have been denied, you will need new and material evidence. Sometimes literature will work. However do not count on it. Tell your primary doctor that you have been informed that ongoing pain/somatization that occurred while in the military might be related to your current depression. Show him the abstract pasted below and get a referral to a VA shrink to see if they will help you. If a VA shrink will not help then you will need to get an IMO.

Have a doctor review both you SMR and your personnel file. See if the doctor (shrink) would write an

opinion that your symptoms would have been inclusive of depression. Maybe the doctor will see your

symptoms of head pain and edemas as indicative of a major depressive episode.

This is not such a long shot especially if the military doctors did not provide a confirmable diagnosis for the pain and edemas. The lack of a medical diagnosis for any symptoms could be interpreted as somatization. The word somatization might even appear in your SMR. What a doctor (shrink) would know that the raters do not know is the somatization can replace the symptoms of sadness when making a diagnosis of major depressive episode.

Available online 19 March 2004.

Abstract

This article reviews the relationship between depressive disorders and somatoform disorders, somatization, and pain.

These disorders and symptoms are clinically interrelated, yet the nature of the interrelation is not well understood.

This review of the literature from 1975 through mid-year 1990 addresses the epidemiology and treatment of these

conditions and/or symptoms when they occur together. When robust criteria are used to determine which publications

are included, only 14 are available that address depressive disorders, somatoform disorders, and somatization. Similarly,

there are only 13 that address depressive disorders and pain. Taken together, these studies indicate that 1) in somatization

disorder patients, there is a high prevalence of depression; 2) in patients with major depression, there are substantial levels

of hypothondriacal and somatizing symptoms; 3) that depression in the face of coexisting somatization disorder can be

successfully treated; 4) in chronic pain patients, there is a high prevalence of depressive disorders; 5) in patients with

major depression, pain is a frequent complaint; 6) and finally, that pain improves with the treatment of depression.

What is most striking from this review, however, is the very limited number of studies that address these important problems.

This lack of research-based data calls for new aggressive research efforts in this area.

[Berta]

I forgot to add to my post

“Endoscopic retrograde cholangiopancreatography (ERCP) remains the most common cause of iatrogenic pancreatitis [1]. Studies have shown post-ERCP complications were responsible for greater than 65 percent of malpractice claims [2, 3]. “

http://americanmedicalexperts.com/Medical-Malpractice-Tips/Pancreatitis-associated-with-ERCP-medical-malpractice-case.html