ptsd Depression, Recurrant And Ptsd Advice?

[cowgirl]

Okay, claims filed, denials recieved, getting IMO to establish nexus. VA official written diagnosis;depression recurrant.

A> In appeals, s it true i can reference each claim ptsd/depression to the other, since both connected?

B>If medical records show condition incorrectly "diagnosed" over 20 years ago, then current VA pysch helps "define" the correct diagnosis, how does VA handle that ? Is that a CUE if the diagnosis was wrong in military medical records?

C>How does this "depression" statement affect my occasional employability? No meds, still do I need to disclose? Thanks, cg

[Berta]

The depression can be found as secondary to the PTSD.

I recall some time ago that Wings gave you excellent advise on how to support your stressor.

I hope you were able to find some of the evidence that she listed.

A IMO can support the fact that a stressor could have occurred but an IMO is not an eye witness account.

It would help to show the IMO doc any inservice evidence you have to prove the stressor.And of course the VA needs that too.

[john999]

You can get 100% benefits for PTSD or MDD. If you have SMR's that show MDD you go with that and add the PTSD to bolster your claim. If your records or evidence show PTSD the MDD will just be added fuel to get a higher rating. If the MDD is in your SMR's that would be easier to connect than PTSD. Whatever is documented in your SMR's will be the easiest to service connect. You know with PTSD you must have the verifiable stressor. Remember, the VA is not giving anything away so you have to prove it with evidence. PTSD from non-combat source is harder to prove and I think the VA has a bias against these claims. That is just my opinion from reading cliams and posts here on Hadit. Sexual assults and other serious physical assults with plenty of documentation seem to win. The thing is the evidence must be there. For the combat vet his PH or CIB is usually enough but even he/she has to write the stressor letter even when they have gunshot wounds and metal still in their bodies. I imagine that amputees even have to prove the stressor.

[Wings]

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CG, If your SMR's show Depression AND you are currently diagnosed with Depression AND you can show some evidence of continuity of symptomology, then Claim SC Depression! You can keep working on proving your PTSD Claim as a separate issue! ~Wings

38 CFR 3.303 Principles relating to service connection

(a) General. Service connection connotes many factors but basically it means that the facts, shown by evidence, establish that a particular injury or disease resulting in disability was incurred coincident with service in the Armed Forces, or if preexisting such service, was aggravated therein.

This may be accomplished by affirmatively showing inception or aggravation during service or through the application of statutory presumptions.

Each disabling condition shown by a veteran’s service records, or for which he seeks a service connection must be considered on the basis of the places, types and circumstances of his service as shown by service records, the official history of each organization in which he served, his medical records and all pertinent medical and lay evidence.

Determinations as to service connection will be based on review of the entire evidence of record, with due consideration to the policy of the Department of Veterans Affairs to administer the law under a broad and liberal interpretation consistent with the facts in each individual case.

(b) Chronicity and continuity. With chronic disease shown as such in service (or within the presumptive period under §3.307) so as to permit a finding of service connection, subsequent manifestations of the same chronic disease at any later date, however remote, are service connected, unless clearly attributable to intercurrent causes.

This rule does not mean that any manifestation of joint pain, any abnormality of heart action or heart sounds, any urinary findings of casts, or any cough, in service will permit service connection of arthritis, disease of the heart, nephritis, or pulmonary disease, first shown as a clearcut clinical entity, at some later date.

For the showing of chronic disease in service there is required a combination of manifestations sufficient to identify the disease entity, and sufficient observation to establish chronicity at the time, as distinguished from merely isolated findings or a diagnosis including the word “Chronic.”

When the disease identity is established (leprosy, tuberculosis, multiple sclerosis, etc.), there is no requirement of evidentiary showing of continuity. Continuity of symptomatology is required only where the condition noted during service (or in the presumptive period) is not, in fact, shown to be chronic or where the diagnosis of chronicity may be legitimately questioned. When the fact of chronicity in service is not adequately supported, then a showing of continuity after discharge is required to support the claim.

( c) Preservice disabilities noted in service. There are medical principles so universally recognized as to constitute fact (clear and unmistakable proof ), and when in accordance with these principles existence of a disability prior to service is established, no additional or confirmatory evidence is necessary. Consequently with notation or discovery during service of such residual conditions (scars; fibrosis of the lungs; atrophies following disease of the central or peripheral nervous system; healed fractures; absent, displaced or resected parts of organs; supernumerary parts; congenital malformations or hemorrhoidal tags or tabs, etc.) with no evidence of the pertinent antecedent active disease or injury during service the conclusion must be that they preexisted service. Similarly, manifestation of lesions or symptoms of chronic disease from date of enlistment, or so close thereto that the disease could not have originated in so short a period will establish preservice existence thereof. Conditions of an infectious nature are to be considered with regard to the circumstances of the infection and if manifested in less than the respective incubation periods after reporting for duty, they will be held to have preexisted service. In the field of mental disorders, personality disorders which are characterized by developmental defects or pathological trends in the personality structure manifested by a lifelong pattern of action or behavior, chronic psychoneurosis of long duration or other psychiatric symptomatology shown to have existed prior to service with the same manifestations during service, which were the basis of the service diagnosis will be accepted as showing preservice origin. Congenital or developmental defects, refractive error of the eye, personality disorders and mental deficiency as such are not diseases or injuries within the meaning of applicable legislation.

(d) Postservice initial diagnosis of disease. Service connection may be granted for any disease diagnosed after discharge, when all the evidence, including that pertinent to service, establishes that the disease was incurred in service. Presumptive periods are not intended to limit service connection to diseases so diagnosed when the evidence warrants direct service connection. The presumptive provisions of the statute and Department of Veterans Affairs regulations implementing them are intended as liberalizations applicable when the evidence would not warrant service connection without their aid.

[cowgirl]

THanks Berta, Wings John, some days its just hard to get it all together in my brain, I have soemtimes written down information 2 or 3 times, only to find something new the third time. The most exciting thing just now is finally my VA Dr. is writing seperate diagnosis statement in next few days (thats what I have been wanting all along, have asked for and delayed in getting the last several months)! I am happy sad and ready to get on with the appeals for MDD, then the next appeal for PTSD/MST.

Oh, and I felt like a dullbrain when I realized that I thought I had my Cfiles and have requested them now. A few months ago when I requested my VA medical records I thought those were my Cfiles; rusty on acronyms and have to review again&again - so many military abbreviatios used to be in my head all at once. with three major things (depression/back/feet) identified in my records, Called to apply for SSDI, was told I had to apply for SSI as first step, denial will be in mail, now I have appointment for SSDI app.- Not easy to but I am having to accept "disability" label for compensation. I will read up on TDIU also. Thansk for hangin in there with me! cg