Does This Make Sense?

[betrayed 2]

I was just laying in bed thinking about my claim for chronic pain. It was listed on my first claim, they ignored it, they ignored it when I told them in my nod. They ordered a exam for it, the doctor diagnosed it and put it in the C&P report and that was the end of it. But get this, when I applied for depression on a second claim they approved it as a secondary condition to ................Serious Pain Syndrome..............WTF???????????

[Berta 4,215]

WTF is what I just said too- when I read this ----

But then again pain itself is not a ratable disability -is it?

The disability that causes the pain is ratable with the pain considered. Right???

[betrayed 2]

WTF is what I just said too- when I read this ----

But then again pain itself is not a ratable disability -is it?

The disability that causes the pain is ratable with the pain considered. Right???

Wrong I think !

from the DSM-IV

307.89 Pain Disorder associated with both psychological factors and a general medical condition.........

from the CFR

Somatoform Disorders

------------------------------------------------------------------------

9421 Somatization disorder

9422 Pain disorder

9423 Undifferentiated somatoform disorder

9424 Conversion disorder

9425 Hypochondriasis

[betrayed 2]

Berta, remember my meeting with the Service Center Manager....................I asked during that meeting why I did not receive a rating for this...........her assistant piped up and said sir, its because you have a rating for depression, you can only have one mental health rating.........................

the problem with that answer other than its BS is that I didnt get my rating for depression until 8 months after they ignored the claim for chronic pain...............

they tried to baffle me with bull sh1t, and it worked until the next day when I realized the time line was all wrong. Plus they had the nerve to tell me this in front of my congressmans staffer which was at that meeting with me.............

Edited September 15, 2006 by FLHRCI

[john999 978]

I get drugs for chronic pain due to PN and other stuff. I got service connection for just paralysis of the nerves and not for any pain syndrome. I get plenty heavy duty pain meds and the VA says it is for SC condition. I wonder if I have another claim in there somewhere?

[betrayed 2]

I get drugs for chronic pain due to PN and other stuff. I got service connection for just paralysis of the nerves and not for any pain syndrome. I get plenty heavy duty pain meds and the VA says it is for SC condition. I wonder if I have another claim in there somewhere?

Get yourself a copy (library) of DSM-IV and look up the criteria for Somatoform Disorders

307.89 Pain Disorder associated with both psychological factors and a general medical condition.........

Considering that I was diagnosed with this during two different C&P's it should be a no brainer..........but were talking about RO's............the pain syndrome has to very serious to fit within the diagnostic criteria of DSM-IV, my case just happens to fit in there real good and has been diagnosed by other doctors going back 5 years. Good luck, if your like me you will need it!

Edited September 15, 2006 by FLHRCI

[Berta 4,215]

WOW_ thanks for correcting me Jim- you are absolutely correct ---I will copy that for future reference-

And what you said about this :

Berta, remember my meeting with the Service Center Manager....................I asked during that meeting why I did not receive a rating for this...........her assistant piped up and said sir, its because you have a rating for depression, you can only have one mental health rating.........................

It is BS because the VA wll service connect something on top of something else-

This recent remand and many other claims at BVA support what you said:

http://www.va.gov/vetapp06/files3/0615208.txt

This veteran claims PTSD, acquired psychiatric disorder,bi polar disorder and depression

Also, in the remand (due to VCAA violation re: lack of Dingess-Hartman letter-)the BVA had

recognized that the veteran's January 1986 separation

examination indicated an abnormal psychiatric examination due

to depression, suicidal thoughts, and difficulty sleeping.

Post-service, a June 2000 VA examination (without explicit

claims file review) had rendered diagnoses of bipolar

disorder, by history; alcohol abuse, in remission; panic

disorder of unknown etiology since 1990; and borderline

personality disorder.

Obviously this veteran, whose claimed stressor is personal assault,

has numerous overlapping disabilities and, with proof of stressor , this veteran has a valid claim for PTSD with depression and sleep disorder as secondary to.

[Berta 4,215]

Jim- I only found 4 BVA decision in 2006 with the pain disorder under 9422-yet this one is good for all to read:

ORDER

Entitlement to a 30 percent rating, but no higher, for pain

disorder associated with a left shoulder disability is

granted from the effective date of the grant of service

connection, subject to the law and regulations governing the

payment of monetary benefits.

from:http://www.va.gov/vetapp06/files2/0606671.txt and it supports what you mean- I sure learn something new every day!

thanks for sharing this with us all---

Pain was a factor in claims I have worked on mainly regarding Gun shot wounds and imbedded shrapnel.I have a neighbor with a potential 1151 claim and this would be part of his additional disability that I had not even considered. Improper meds and misdiagnosis at the local VAMC and considerable pain that he did not have prior to the misdiagnosis.

The VAMC is fully aware of this situation and certainlyis trying to mitigate this vet's problems and if they are successful he will not pursue the 1151.

He said the VAMC was fully aware that he was Native American and yet they still prescribed a statin medication known by the VA to cause potential serious side affects in Native Americans.

It always seemed to me that the pain was factored in under 9422 yet the overall rating seemed to include it on my GSW claims, that involved muscular damage as well as the imbedded schrapel-if this caused residual problems.

Thank you VERY much!

And I see how distinct this can be as a ratable disability-

Edited September 16, 2006 by Berta

[timetowinarace 0]

Don't know if it makes sence or not, but it's not uncommon I don't think.

I was denied for head injury but later rated for depression secondary to head injury. No rating for the injury itself.

Figure that out.

I think they just don't pay attention to detail. Trying to get it off their desk as soon as possible I guess.

Time