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Top Stinger

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Top Stinger

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I have been diagnosed with depression by my VA PCP and referred to a Social Worker with the same diagnosis.  I was sent to pain management class which I have completed and now I have been referred to a Behavior Activation for Depression and Anxiety Class which I am now attending.  The Psychologist stated this class is for us to change our behavior how we deal with pain.  I want to file a claim for depression secondary to pain.  My question do I need to wait for a diagnosis from a Psychiatrist before I file my claim

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My current Service Connection is Degenerative joint disease in both knees 10 % each knee, Bilateral Foot Pain 10%, Pain dislocated elbow 10%, Ankyosis left ankle 10 %, cubital tunnel left wrist 10%, tinnitus 10%, and hearing loss 0%

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Thanks for the Link.  My current Service Connection is Degenerative joint disease in both knees 10 % each knee, Bilateral Foot Pain 10%, Pain dislocated elbow 10%, Ankyosis left ankle 10 %, cubital tunnel left wrist 10%, tinnitus 10%, and hearing loss 0%

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No.  You dont need to wait to file.  File now.  The sooner you file the sooner your benefits can start.  They MAY start later than the date you apply if the doctor gives a different date he says your disability began.

The regulation states that your effective date is generally the later of the date you applied or facts found.  There are multiple exceptions to this general rule, tho.  

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  • HadIt.com Elder

 Some great information above.

 JMO,I think the PCP's now don't likem to fil out the DBQ's

They may have use to do it but if you can get yours to fill it out  hell yes please do.

I ask my PCP to fill out one for my claim one time and she said she can't  its not what she does  ''I need to go see the DAV  They are the ones to help with claims''..I said well Dr they are not Doctor's There VSO's...she said Well I will be sent to a C&P ...so I just shut up after that....my DBQ even stated it needs to be filed out by a MD or your treating PCP.

It is hard to get a PCP to fill out one anymore  especially at my VAMC anyway.

 

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

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

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  • Our picks

    • 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.

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      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.

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