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

Depression Secondary To Hearing Loss

Rate this question


killemall

Question

I went to the va mental health a year ago. told them I was depressed because of my hearing loss.

Made me do all kinds of testing. my GAF score was an 55.

On axis 1 the doctor wrote depression secondary to medical condition plausable.

Do I have a shot at a depression claim?

Link to comment
Share on other sites

Recommended Posts

  • 0

 

...PRELIMINARY RESULTS BASED ON EBENIFITS...

I've was rated 0% for hearing loss in 2004

20% hearing loss 2009

30% hearing loss plus 10% tinnitus 2011

50% hearing loss 2013

In 2013 I put in a claim for depression secondary to hearing loss. I had a doctors evaluation that stated my depression was due to my hearing loss. It was denied in 2014

Within a year I appealed to bva.

Several years pass and in 2018 my bva appeal converts to a ramp appeal.  In 2019 my Ramp appeal for depression secondary to hearing loss was denied.

Within a year I start an AMA see a  bva judge lane appeal.  I include a second letter from a doctor also stating my depression is due to my hearing loss.

In 2020 the judge denied my depression secondary to hearing loss and stated that my doctor did not specifically use the phrase "atleast as likely as not"

In 2020 within a year of the bva denial I start a supplemental claim and include two new letters from 2 doctors and ensure they both state atleast as likely as not.

I attend a c@p exam and 8 days later Ebenifits shows that I am now service connected at 30% for depression secondary to hearing loss...

BUT WITH AN EFFECTIVE DATE OF DECEMBER 2020

Any thoughts on why such an effective date would be selected?

I "feel" that I did everything to preserve my 2013 start date

Link to comment
Share on other sites

  • 0

Sorry so many questions.

 

Is tdiu from the same etoligy possible with...

 

50% hearing loss

30% depression secondary to hearing loss

10% tinnitus.

 

I also have other disibilities that make my total current rating 80% but they are not ear related.

Link to comment
Share on other sites

  • 0
  • HadIt.com Elder

killemall

If you have all your documentation  and its all in your C-file from the first time you ever applied for your claim or multi claims, I would suggest you find a experince attorney  or SOMEONE EXPERIENCED AND CERTIFIED IN PREPARING CLAIMS FOR VETERANS  WITH YEARS EXPERIENCE.

   IT WOULD BE BENEFICIAL FOR YOU TO DO THAT ,  GATHER UP ALL YOUR DOUCUMENTS AND TAKE TO  A ATTORNEY.

You stand the chance of getting retro all the way back to when you first filed your claim/claims   if you kept up your time line appeals? OR SOMETIMES THAT DON'T MATTER,   then if I was you I would find me a good experience Attorney  or Accredited Claims Agent with years of experience.

your denials should tell a storey and let a experince Attorney figure it all out.

if you want preference or what to know of a good Law Firm just ask on hadit  they are a lot of experience highly qualified men and women out there that can certainly help you out. (JMO)

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

Link to comment
Share on other sites

  • 0
2 hours ago, Buck52 said:

killemall

If you have all your documentation  and its all in your C-file from the first time you ever applied for your claim or multi claims, I would suggest you find a experince attorney  or SOMEONE EXPERIENCED AND CERTIFIED IN PREPARING CLAIMS FOR VETERANS  WITH YEARS EXPERIENCE.

   IT WOULD BE BENEFICIAL FOR YOU TO DO THAT ,  GATHER UP ALL YOUR DOUCUMENTS AND TAKE TO  A ATTORNEY.

You stand the chance of getting retro all the way back to when you first filed your claim/claims   if you kept up your time line appeals? OR SOMETIMES THAT DON'T MATTER,   then if I was you I would find me a good experience Attorney  or Accredited Claims Agent with years of experience.

your denials should tell a storey and let a experince Attorney figure it all out.

if you want preference or what to know of a good Law Firm just ask on hadit  they are a lot of experience highly qualified men and women out there that can certainly help you out. (JMO)

Thank you very much.  Truly appreciated

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

    • KMac1181 went up a rank
      Rookie
    • 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
  • 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