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jlduty

Question about Active Duty medical negligence

Question

I posted a little about this in another forum but it was structured as a question about my C&P so some of this may be a repeat for the frequent visitors.  I had my C&P exam at the end of April.  At that exam they asked if I had ever been depressed or seen a mental health professional.  I said yes to both but that I had never been diagnosed with depression.  I had seen a mental health professional back in 2012 when I was trying to get my chronic pain diagnosed (while I was Active Duty).  It was basically an appointment to determine if my pain was "all in my head". That C & P examiner put in a request for a mental health exam.  I got the appointment letter in the mail and went to my MH C & P last week.  At my exam the Dr read the report from my appointment in 2012.  The Dr said that she determined that the pain was not in my head and that the patient concurred.  She also stated that the "patient suffers from depression and anxiety and needs to begin treatment.  Will follow up in 2 weeks".  I was only told the first part of this determination.  She never told me that I had depression or anxiety.  While I knew I was struggling, I did not know I was clinically depressed.  It was a very rough time for me and I would have sought treatment if I had been told what she had determined in my appointment.  I realize this forum is about VA questions, but does anyone have any input?  Is there anything I can or should do about this? 

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jlduty,

Well, it certainly seems for sure, one thing in particular, that you were DXd on AD, with depression and anxiety.  That should make SC a slam dunk for you.

Next thing for you is this, sleep issues. Do you suffer any? Chronic pain interferes with sleep quality, and compounds depression, which compounds sleep quality.  Most of us struggle with sleep issues, with our pain and MH issues.  However, most of us don't have a DX from AD to SC MH issues.

Sleep issues can be secondary to MH and chronic pain.

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1 hour ago, Andyman73 said:

jlduty,

Well, it certainly seems for sure, one thing in particular, that you were DXd on AD, with depression and anxiety.  That should make SC a slam dunk for you.

Next thing for you is this, sleep issues. Do you suffer any? Chronic pain interferes with sleep quality, and compounds depression, which compounds sleep quality.  Most of us struggle with sleep issues, with our pain and MH issues.  However, most of us don't have a DX from AD to SC MH issues.

Sleep issues can be secondary to MH and chronic pain.

Andyman,

I am so relieved that the examiner had a copy of that 2012 evaluation.  Like I said, I did not know that I had been DX with either depression or anxiety.  I know that I have had symptoms of both for the last few years but it's hard to know what's normal.  And because it was a MH evaluation a copy was never put into my AD medical record.  

The pain and sleep issues and depression are a very intricate web for me...pull on one thread and the others unravel too.  Lately, I have had better control over my pain and therefore I am sleeping some and less depressed.  I take a muscle relaxer every night just to help me get enough relief to help me fall asleep plus it also makes me sleepier.

I am new to all of this and don't really know how to claim everything such as secondary conditions, etc. I am waiting on my first rating and then will push on with anything they deny or missed.  From what I have gathered on this website, of I try to add anything at this point it will go back to square one.

Thanks for all of you help.

jlduty  

Edited by jlduty

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jlduty,

I don't know if you have your C-file, or were already told about it and that you MUST get a copy, but if not, request it ASAP. Your C-file will have treatment records and exam notes regarding all of your VA claims and treatment. Also, when you do request it, ask specifically for all records pertaining to your military service, military medical record, and VA medical records.

I do understand about the MH eval not being entered into your service/medical record. I was interrupted in the midst of attempting suicide, but there is no mention in my service record of that, nor the following counseling by my dept. OIC or the base Chaplain, either.  On top of that, I was never sent for MH evaluation either, such was the way of the MC in the early mid '90s.

I know if they had done the right thing, all those years ago, I wouldn't be fighting the VA for SC MH issues.

Yes, adding new claims can certainly slow down your current claims, it will also establish your EED.  You can have it as June of '16, or wait till your current claims play out, then enter new claims of much later in 2016, or even....2017.  So, you have to do what's best for you. Others on here will chime in, in favor of either way.

Some things you don't need to wait on secondary claims, if you have a back injury, for example) and will be SC'd, and you also have nerve damage such as sciatica/radiculopathy from it(secondary to back injury) you can file that claim at the same time, and let the VA figure it out.  This may be easier if you have treatment records for the radiculopathy either service or post-service.

Semper Fi

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