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depression secondary to chronic pain

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Andyman73

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I finally did it.  I asked my MH doc if he thought I had enough basis for a claim.  He has me currently DXd with MDD.  He told me that while I do have MDD, he's not so sure I could be successful with that as a claim for SCD.  He asked me if I was 100%, I said no, but I am 80%.  And he asked, then, if I was being paid at 100%.  Said no, and he hmmmmm'd. 

Then I asked if chronic pain made any difference.  He said all depends.  I told him that I fell down a flight of stairs during my 5th day of boot camp back in November of '92.  Said I've been dealing with pain in my knees and lower back ever since that day.  And have developed other issues that cause more pain as well.  He asked if I have fibromyalgia, said no, not that I'm aware of.  Said most of my pain is in various joints...with only some of the pain in muscle groups only.  And that I've been dealing with radiculopathy for some time now, as well.

Then his whole countenance changed, I could see his brain working.  Told me that chronic pain plays a huge part in causing depression.  I mentioned faulty memory, sleep issues, chronic sinusitis and IBS also.  He said all those things for sure can and will and do cause depression.  He said I can't say if you'll get enough to get bumped to 100%, but I certainly do have enough for a good solid claim for depression secondary to chronic pain.

What should I submit for evidence?  Should I submit copies of every STR entry showing where I mention any pain and was prescribed something for the pain?  And every entry where I mention sleep issues, or drinking, or repeated bouts of IBS and sinusitis/URIs? 

I only filed it this past Friday, so I do have a few weeks to get this together and send it off.  Any and all suggestions are welcome, thank you in advance.

Semper Fi.

Andyman

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  • Content Curator/HadIt.com Elder

I agree, it is common sense that if a c&p examiner continuously gets exams thrown out for ignoring credible evidence from vets, then they should no longer be allowed to do c&ps.  I firmly believe VA should give weight to how many complaints are against a dr, if these quacks are constantly having exams challenged and set aside for sheer incompetence, and the vet is then having to go to yet another doctor, seems to me that the VA is wasting more money by the amount of c&p exams they are requiring vets to have then by actually paying out benefits.  Its a shame they cant, and probably won't, see that.

If Allison Hickey was still at the VA, this would be a perfect email to send to her.

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  • Content Curator/HadIt.com Elder

I will certainly be watching to see how the RO plays this.  Especially when they see the statement sent today by the benefits counselor in regards to the examiner leaving out vital information..

I hope it works out for the best.

The VA needs physicians who are pro-veteran, not pro-reject.

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I wish you luck as well, Handyman, I believe you will succeed!  USAF-VET, I believe you are right, most examiners are contracted, sometimes i think they are handpicked by VA depending on their views, but more than likely they select doctors that cannot be employed anywhere else, jmo, i could be wrong, but...

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Sorry about the typo, Andyman, my keyboard is not the best.

No problem, makes me think of "In Living Color" tv show!  LOL!

Vync,

I did think about emailing her, till I remembered she's no longer at the VA.  I am still amazed at how my MH doc reacted when I told him about this whole thing.  Too bad he couldn't have  been the one to do the exam.

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Andyman

Make sure that the benefits counselor writes that letter and sends it, I believe when we go to there office and talk to them about claims and what examiners do  by not adding in our evidence ect,,ect....that they will tell us anything to satisfy us and never write anything to anyone (not saying your benefits office is like that but most are). trust no one until you see it in writing yourself.

I would write a letter telling about this C&P Dr and how he left out your evidence that would be crucial to your claim, send it to your designated ''claims intake center'', they will direct it to the person that needs to read it  such as a rater./DRO

site this (b)

§3.156   New and material evidence.

(a) General. A claimant may reopen a finally adjudicated claim by submitting new and material evidence. New evidence means existing evidence not previously submitted to agency decisionmakers. Material evidence means existing evidence that, by itself or when considered with previous evidence of record, relates to an unestablished fact necessary to substantiate the claim. New and material evidence can be neither cumulative nor redundant of the evidence of record at the time of the last prior final denial of the claim sought to be reopened, and must raise a reasonable possibility of substantiating the claim.

(Authority: 38 U.S.C. 501, 5103A(f), 5108)

(b) Pending claim. New and material evidence received prior to the expiration of the appeal period, or prior to the appellate decision if a timely appeal has been filed (including evidence received prior to an appellate decision and referred to the agency of original jurisdiction by the Board of Veterans Appeals without consideration in that decision in accordance with the provisions of §20.1304(b)(1) of this chapter), will be considered as having been filed in connection with the claim which was pending at the beginning of the appeal period.

(Authority: 38 U.S.C. 501)

 

We veterans have to stay on top of our claims and basically work them ourselves.

 

jmo

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

Edited by Buck52
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