Denied On Depression.

[Scout Swimmer]

Just got off the phone with my DAV POA, in which he informed me I was denied. He explained they looked at it as a single traumatic event or diagnoses from the military, not as a secondary to my TBI, in which my mental health practitioner clearly stated and which I have 45 pages of supporting evidence stating exactly that. The rep from the DAV told me it was written up wrong. He is talking with the rater as we speak to change it. I'm pretty upset.

[Berta]

That is the Spirit.....!!!!!

A TBI can cause PTSD as well as depression, and VA must rate the PTSD separately......

But you seem to have exactly what you need for the depression claim......

If you dont feel this is getting the quickest result, you could IRIS them ,state to IRIS what you told us here, and send it as a complaint because they violated your rights under 38 CFR 4.6.....by ignoring your probative medical evidence.

At 80% now are you still employed?

Reason I ask regards TDIU.

"What was written wrong- I have no idea." I wonder if the DAV wrote something wrong.....????

[63SIERRA]

Phil I know its a hard emotional blow as well, but try to look at things in a business like manner, because it will cloud your thinking when you take it personally. Its nothing to do with whether your deserving or not, its the VA trying to deal with the tide of compensation that will enevitably flow. Many of us are going thru the same situation. you got the evidence . hang in there. you will win.,

[Scout Swimmer]

Thanks everyone for your support. I haven't felt this beat down since I don't even know when. Went to work without a seconds sleep. Just looked at the ceiling all night laying down. I talked to my POA today at around 2:00pm. He said my claim is closed and I'll be getting an unofficial decision, but then it will reopen and be re-rated. He says I don't need a bit more evidence. Does this sound right? Why do I have this feeling like I'm being played?

[Mont36]

It happens all the time. I feel you. The same fight you did for our country is the same if not more fight you will need to do. The VAhas a mind of there own because they read the laws set by congress the wrong way. I once heard the under secretary Allison Hickey tell raters not to act like lawyers instead apply the law without personal beliefs because when its all said and done this is your claim and livelihood. Wish we could put in a claim secondary for all the stress they put us through.....

[63SIERRA]

Thanks everyone for your support. I haven't felt this beat down since I don't even know when. Went to work without a seconds sleep. Just looked at the ceiling all night laying down. I talked to my POA today at around 2:00pm. He said my claim is closed and I'll be getting an unofficial decision, but then it will reopen and be re-rated. He says I don't need a bit more evidence. Does this sound right? Why do I have this feeling like I'm being played?

It makes you wonder, why dont they just stop the train and fix it NOW, being they know what the problem is. Why do they let it go to final descision. Is it for the numbers crunchers? one completed claim .. check! . clearing the backlog ,. check! Winkeys job is secure . check!

Veteran gets screwed again ... check!

[Scout Swimmer]

Lol yup pretty much.