Depression, should I claim primary or secondary?

[Andyman73]

Hello,

I want to know, is it better to file for depression, my MH doc has DXd me with MDD, but didn't clarify as SC, or go for depression as secondary to chronic pain?  I have paper proof of NSAID usage since 1992 on AD and through the VA.  Thanks

 

Andy

[bluevet]

Do you have any history of depression or other mental health issues while on AD? If you claim it non-secondary, you will need an in service event/illness of some kind to link it to in order to form the necessary nexus for service connection.

[Andyman73]

Bluevet,

I do not have a DXd history, but do have several different markers of depression in my SMR.  I had an alcohol related incident that got me a 3 week all expenses paid vacation to the SACO for outpatient treatment. And at least one mention of sleep issues and stress.  Also multiple entries for IBS and sinus/URI as well.  Oh, and 1 attempted suicide. 

Andy

[Buck52]

I would file for PTSD  being that the VA only rates one of the conditions & file the others separate at the same time.

That way you have your EED set on all your contentions & rather or not you get denied...you can always  Appeal.

 

jmo

 

................Buck

Edited September 3, 2015 by Buck52

[Andyman73]

Ok, Buck, how would I do that? Since on eBenefits, it specifically asks for an incident or nexus event. And I don't have that.  I don't really want to go down a dead end road, if you know what I'm sayin.

As for the others, I can file for IBS, chronic sinusitis, alcohol abuse/dependency?

I am currently DXd w/ OSA by my own Dr. But I can only recall 1 mention of sleep issues in my SMR. Would that be enough?

Thanks again, Buck.

Semper Fi.

Andy

[Matthew Hill]

Andyman73,

A claim for service connected compensation is what the veteran states and what the evidence states.  So if you say it is directly related and they find that t was actually a 2nd issue, it does not matter VA must still process the case.  

VA used to do a similar thing with the diagnosis of a mental health disability.  You would claim PTSD and VA would say you do not have PTSD but bipolar.  Since you claimed PTSD and not bipolar you lose.  The Veterans Court came down hard on the VA in this scenerio in Clemons, finding that a veteran is not competent to limit himself to a certain diagnosis. You fear of pleading your case wrong-- saying secondary and not direct-- is covered by the the Clemons case.

As far as an incident, i would point to the drinking.  Regarding the nexus, presumably, you have suffered from this problem since service.  

Good luck

 

[Andyman73]

Matt H.,

Ok, so file for ptsd and use the alcohol related incident(that got me an NJP and outpatient treatment) as the nexus?  Still drink, mostly to help fall asleep now .  

Once I get to the point of a C&P exam do I mention the suicide attempt? Or that I regularly hear voices trying to convince me it's for the best? Do I even dare mention the demon that tried to kill me in my sleep? Or my sleep apnea w/cpap?

Thanks for chiming in, Matt. Your words are the answers to some questions I didn't know how to ask.

Semper Fi.

Andy