Chronic Pain Claim Revisited....

[sawgunner]

Ok guys.....

A while back I posted that my claim for chronic pain syndrome had been denied due to the fact that pain was considered in my original rating for my hip and DDD in my back.

Question.....

If CPS/Pain Disorder is considered a mental health condition by the VA, how can they deny my claim for it when I have no mental health rating with VA????

I provided the VA with a letter from my shrink where he diagnosed me with Chronic Pain Syndrome under civi mental health, VA says it's pyrmiding due to the fact that I had painful range of motion... However, I have no mental health rating with the VA.

My local VA rep looked at the decision and said it muct have been a "rookie rater".

What say hadit??

This claim is going to be VERY INMPORTANT to me.

Also....

He stated that my chronic pain syndrome has accopanying depression and I"m sure he will ad anxiety and insomnia to it as well.. I have been diagnosed with an anxiety driven insomina by a sleep specialist....

Will the insomina be considered with the chronic pain claim, or is insomina not considered mental health.

I understand that you can only recieve one mental health claim.

Thanks.

[mrb]

Sawgunner

Does the VA have a claim number that you can file just the chronic pain syndrome under or is it under a similiar type number, say adjustment disorder etc. I see nowhere in th (38) any info on chronic pain syndrome. So I guess it would be fied under some form of similiar syndrome. I JUST DON"T KNOW!!!!!!!!!!!!

[john999]

Chronic pain disorder is considered an emotional disorder because of interacation between pain and mood. Nobody in chronic pain feels that good. Sleep is often poor and depression is common. I am SC for it.

[sawgunner]

The rating code for pain disorder is 9442

John.

I have been diagnosed with chronic pain syndrome by a shrink.

The VA syas that pain was part of my claim on my hip and ddd in my spine, it therefore will not grant my claim, stating it would be pyramiding......

How can the VA argue that chronic pain is a mental disorder, and then turn around and tell me that I am allready rated for it, WHEN I HAVE NO MENTAL HEALTH RATING WITH VA???????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????

[carlie]

The rating code for pain disorder is 9442

John.

I have been diagnosed with chronic pain syndrome by a shrink.

The VA syas that pain was part of my claim on my hip and ddd in my spine, it therefore will not grant my claim, stating it would be pyramiding......

How can the VA argue that chronic pain is a mental disorder, and then turn around and tell me that I am allready rated for it, WHEN I HAVE NO MENTAL HEALTH RATING WITH VA??????

Yes, it does sound like a rookie rater mis-understanding.

The rating that factored in pain from your hip and ddd in the spine

is related to the DeLuca factor.

A mental health disability for chronic pain disorder needs to be adjudicated

as a secondary disability due solely to the already SC'd disability.

It is of utmost importance for your MH doc to write it up basically like that.

How about posting exactly what is stated in the Reasons and Bases Section

that denied the claim.

If the denial is completely dur to what you have stated I would get my VSOS

to request reconsideration right away - (be sure to submit your private medical

evidence that supports your contention) and in the request for reconsideration

I would quote from the Court decision that refers to property rights of VBA claimants.

Also, I would mark my calendar, to be sure I did not miss an opportunity to file

a formal NOD if needed.

JMHO

The rating code for pain disorder is 9442

John.

I have been diagnosed with chronic pain syndrome by a shrink.

The VA syas that pain was part of my claim on my hip and ddd in my spine, it therefore will not grant my claim, stating it would be pyramiding......

How can the VA argue that chronic pain is a mental disorder, and then turn around and tell me that I am allready rated for it, WHEN I HAVE NO MENTAL HEALTH RATING WITH VA??????

Yes, it does sound like a rookie rater mis-understanding.

The rating that factored in pain from your hip and ddd in the spine

is related to the DeLuca factor.

A mental health disability for chronic pain disorder needs to be adjudicated

as a secondary disability due solely to the already SC'd disability.

It is of utmost importance for your MH doc to write it up basically like that.

How about posting exactly what is stated in the Reasons and Bases Section

that denied the claim.

If the denial is completely dur to what you have stated I would get my VSOS

to request reconsideration right away - (be sure to submit your private medical

evidence that supports your contention) and in the request for reconsideration

I would quote from the Court decision that refers to property rights of VBA claimants.

Also, I would mark my calendar, to be sure I did not miss an opportunity to file

a formal NOD if needed.

JMHO

[retiredat44]

Sawgunner

The pain disorder code is 9422 under 4.130. It took me a while to find it.

I have been going for cronic pain meetings through hospitals for 20 years... only go dhting is you get to share the stories of hell with other surviors, those that haven't kileld themselves, and doctors that listen, gather data... still have to take my narcotics to kill pain... after all telling everyone you know and strangers you are in severe pain and don't want to go places gets old with them, no one wants to hear about others being sick.. not many places and people to go to..

wether they actually give you a diagnosis for depression, and if theat gets you some type of rating for pain, I have no clue.. forst they have to find a reason for pain, if they cannot get some positive medical diagnosis for pain, they think you are a nut..

a drug seeker... but I think they do better with chronic pain patients than they did a while back... maybe more sick people? maybe they teach the doctors to understand pain more?

Each docotro is different. Then comes the problems of the bad guys ont he street taking drugs and giving gthe really sick people a very hard time getting legal pain killers because the doctors were running scared becase the DEA were chasing the doctors for giving out pain meds..

what a frakkin mess! The poor sick people in pain get screwed..

[john999]

Sawgunner

I would appeal the denial of a rating for chronic pain disorder. The only way you get anywhere with the VA is to appeal, appeal and appeal.