I applied for IU and an increase for MDD (50% awarded on 3/8/14) on 4/17/14. I submitted a DBQ my VA psychiatrist filled out and just want some feedback on it. I'm currently 50% MDD, 20% right femur claimed as right knee and 10% left knee. My claim jumped from "Under Review" to "Prep for Decision" on 6/11/14.
Axis I
Major Depressive Disorder
Panic Disorder, secondary to #1 above
Fibromyalgia + Migraine, secondary to #1. Worsened by her MDD
Axis III
780.57 Sleep Apnea
Axis IV
Minimal current stressors other than symptoms
Axis V
45
Does the Veteran have more than one mental disorder diagnosed?
[X] Yes
Is it possible to differentiate what symptom(s) are attributable to each diagnosis?
[X] No, Anxiety, panic and fibromyalgia are part of MDD
Does Veteran have a diagnosed traumatic brain injury (TBI)?
[X] No
Occupational and Social Impairment
[X] Total occupational and social impairment
For the indicated level of Occupational and Social Impairment, is it possible to differentiate what portion of the occupational and social impairment indicated is caused by each mental disorder?
[X] No, All attributable to her MDD
Symptoms
[X] Depressed Mood
[X] Anxiety
[X] Suspiciousness
[X] Panic attacks more than once a week
[X] Near-continuous panic or depression affecting the ability to function independently, appropriately and effectively
[X] Chronic sleep impairment
[X] Mild memory loss, such as forgetting names, directions, or recent events
[X] Impairment of short and long term memory
[X] Flattened affect
[X] Difficulty in understanding complex commands
[X] Impaired judgment
[X] Impaired abstract thinking
[X] Disturbances of motivation and mood
[X] Difficulty in establishing and maintaining effective work and social relationships
[X] Difficulty adapting to stressful circumstances, including work or a work like setting
[X] Inability to establish and maintain effective relationships
[X] Obsessional rituals which interfere routine activities
[X] Impaired impulse control
[X] Persistent danger of hurting self or others
[X] Intermittent inability to perform activities of daily living, including maintenance of minimal personal hygiene
[X] Disorientation to time or place
Other Symptoms
Chronic physical pains of fibromyalgia secondary to the MDD
These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.
Service Connection
Frost v. Shulkin (2017)
This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected.
Saunders v. Wilkie (2018)
The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.
Effective Dates
Martinez v. McDonough (2023)
This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.
I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful. We decided I should submit a few new claims which we did. He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims. He said that the VA now has entire military medical record on file and would find the record(s) in their own file. It seemed odd to me as my service dates back to 1981 and spans 34 years through my retirement in 2015. It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me. He didn't want my copies. Anyone have any information on this. Much thanks in advance.
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”
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.
Question
Tela
I applied for IU and an increase for MDD (50% awarded on 3/8/14) on 4/17/14. I submitted a DBQ my VA psychiatrist filled out and just want some feedback on it. I'm currently 50% MDD, 20% right femur claimed as right knee and 10% left knee. My claim jumped from "Under Review" to "Prep for Decision" on 6/11/14.
Axis I
Major Depressive Disorder
Panic Disorder, secondary to #1 above
Fibromyalgia + Migraine, secondary to #1. Worsened by her MDD
Axis III
780.57 Sleep Apnea
Axis IV
Minimal current stressors other than symptoms
Axis V
45
Does the Veteran have more than one mental disorder diagnosed?
[X] Yes
Is it possible to differentiate what symptom(s) are attributable to each diagnosis?
[X] No, Anxiety, panic and fibromyalgia are part of MDD
Does Veteran have a diagnosed traumatic brain injury (TBI)?
[X] No
Occupational and Social Impairment
[X] Total occupational and social impairment
For the indicated level of Occupational and Social Impairment, is it possible to differentiate what portion of the occupational and social impairment indicated is caused by each mental disorder?
[X] No, All attributable to her MDD
Symptoms
[X] Depressed Mood
[X] Anxiety
[X] Suspiciousness
[X] Panic attacks more than once a week
[X] Near-continuous panic or depression affecting the ability to function independently, appropriately and effectively
[X] Chronic sleep impairment
[X] Mild memory loss, such as forgetting names, directions, or recent events
[X] Impairment of short and long term memory
[X] Flattened affect
[X] Difficulty in understanding complex commands
[X] Impaired judgment
[X] Impaired abstract thinking
[X] Disturbances of motivation and mood
[X] Difficulty in establishing and maintaining effective work and social relationships
[X] Difficulty adapting to stressful circumstances, including work or a work like setting
[X] Inability to establish and maintain effective relationships
[X] Obsessional rituals which interfere routine activities
[X] Impaired impulse control
[X] Persistent danger of hurting self or others
[X] Intermittent inability to perform activities of daily living, including maintenance of minimal personal hygiene
[X] Disorientation to time or place
Other Symptoms
Chronic physical pains of fibromyalgia secondary to the MDD
Remarks
Vets condition results in Unemployability
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