depression secondary to chronic pain

[Andyman73]

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

[broncovet]

Andyman

    I thought I would weigh in on my experience.  I dont know how it happened, but I have a very Veteran friendly doc.  VA employees, including doctors, have a wide variety of degrees in which they will help Veterans.  Some will "help" them by sabatoging their claim by writing things like "malingering", "congenitial", and the like.  Others will bend over backwards to please you.  And everywhere in between. 

    It is helpful to be "cooperative".  You know, its like the cops.  Its not a great idea to be "uncooperative" to a police officer.  So, do these things:

1.  Show up for appointment on time.  If you cant make the appointment call and reschedule.  VA keeps track of "no shows" and they reflect poorly on the doc, adversely affecting his bonuses and raises. 

2.  Be  open.  Your MH doc can not read your mind.  If you tell him you are "fine", then dont be suprised if he does not give you a diagnosis.  You need to tell him about your mental health problems.  Dont "whine" but do state "what happened".  For example, "On Tuesday, my knees were hurting and I ran out of pain meds.   I got mad and ripped out the phone cord, because my kids were constantly on the phone.  I then withdrew and refused to speak to my family until dinner, and that did not go well either, when I got in an argument with my wife over how she cooked the food."     Dont make stuff up, ever.  Just report what really happened on a bad day.  Dont exaggerate, but dont under report symptoms either.     If you think you are depressed, then say so. 

3.  Dont tell the doc what to do.  He went to college for 8 years or more and may have 100,000 or more of student loans to pay for it.  He does not want to be bullied by you.  Ask him, dont tell him.  "Do you think its a good idea to increase the dosage of my medication, since it did not go well last month?" 

Then abide by his decision.  You chose whether or not you want to ask for another VA doc, so let him choose how to treat you.  I have asked for another VA doc.  She called me and wanted to know why.  I told her, directly, no BS.  She said she would do better, and asked me to withdraw my change of docs.  I agreed, and she changed much for the better.  I did not attack "her", I attacked her treatment.  There is a difference.  Make statements like,  "I did not like it that seemed uninterested in treating my pain, confusing me with a druggie seeking meds."  Dont make general, unsubstantiated insults, like "You are a moron".

4.  Comply with the doc's treatment plan, to the best of your abiiity.  I tell the docs when I forget to take the medicine.  I also tell em, for example, 
"I stopped taking that drug.  It made me feel dizzy on 3 separate occasions after I took it."   So I give them feedback.  They dont know unless you tell them. 

[Buck52]

Andyman

check this one out

CFR 3.159 (c)

Authority: 38 U.S.C. 5103(a), 5103A(a)(2))

(c) VA's duty to assist claimants in obtaining evidence. Upon receipt of a substantially complete application for benefits, VA will make reasonable efforts to help a claimant obtain evidence necessary to substantiate the claim. In addition, VA will give the assistance described in paragraphs (c)(1), (c)(2), and (c)(3) to an individual attempting to reopen a finally decided claim. VA will not pay any fees charged by a custodian to provide records requested.

However my advise is to write a letter and state these CFR's  a copy of your C&P exam/show how he avoid your evidence ect,,ect,, Also site the reasonable doubt  CFR 3.102, &3.159  (C) if the VA fails to include all your submitted evidence   this possibly could open the door for a CUE.

to whom it may concern ,  send to your claims intake center..be sure to add your claim Number and date sign it.

JMO

 

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

Buck

Edited November 25, 2015 by Buck52

[Vync]

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.

I am skeptical that her replacement has not taken the same pro-veteran stand she did. The reaction from your MH doc is one that shows they indeed care and are pro-veteran. I'm hope they stay employed in their current capacity for a long time.

[Andyman73]

Bronco, Buck, and Vync,

First off I just want to say I really appreciate all your comments and guidance ever since I joined this exceptional internet forum family created and maintained by Tbird(name dropping!).

2nd is that I tell my VA MH doc exactly how it's going and how I'm feeling.  He DXd me as MDD reoccuring, with SI.  He's disabled and uses a motorized wheelchair for 85% of his getting around.  He looks like a gray haired version of the Geico Caveman.  I feel very comfortable with him and feel that he truly does have my best interest at heart.  He's been in his position over 30 years treating Vets.  And is the exact opposite from the C&P exam MH doc.

He's the talking type of MH doc with PHD after his name, whereas the examiner is the drug pushing type with MD after his name.

I go to all of my appointments, and try to be 30 minutes early at the minimum.  Sometimes more, like the other day, I was 2 hours early, which gave me time to hit up the benefits counselor to scan and upload claim docs for me.  That guy is another one of the good ones, too.

Andyman

[Vync]

Andyman,
Glad to help answer questions. I am a firm believer that the only wrong questions are those which are not asked. Lol, Geico caveman - that was pretty good...

Broncovet,
I like your analogy of the VA to the cops and how being nice to them can make a difference.

[Andyman73]

Vync,

I do try to be as polite as possible, and not just because a good friend is a Lt. on the VA Federal Police force assigned to my VAMC, either! LOL!