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When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about when it comes to filing Veterans Affairs Disability Claims. Chris Attig - Veterans Law Blog










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chomperjones

Should I File As A Secondary Condition or A New Claim

Question

I have asked a lot of questions and i continue to ask alot of questions to learn even more. I think this may be my final question before i file.

So i am currently service connected at 80%

60% asthma

30% allergic rhinitus

10% carpal tunnel

10% cystic acne (due to jet fumes)

Now here's my question.

Back in 2009 i began seeing a shrink for depression. ive been on pills and have gone to a counselor very often ever since. 

It is believed that my depression came from the 3 plane crashes that i witnessed. And another 1 that i didnt witness, but i was apart of the HR (human remains) team that shipped the 6 recovered bodies home.

It is also believed that my depression has come as a result of the severe asthma and allergy pains.

Recent my therapist marked me down as bipolar I, fyi.

My question is, do you think i would have a better chance claiming bipolar/depression as secondary to the asthma and allergies. 

Or should i just say that ive been depressed from the plane crashes and hr missions.

Or should i just claim depression as its own issue.

please help. Thanks.

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Hello Chomper,

I too have actually had to offload human remains from aircraft.  I actually have recurring nightmares of it.  Thanks for your service loadmaster.  What kind of plane did you work on a C-17?

But onto my suggestion, I think based on what you witnessed would be considered as a depression claim or PTSD claim all by itself which is not secondary to the effects of asthma.  The effects of what you witnessed is service connected, you just need to prove it from your medical records and through your shrink

CaliBay

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5 hours ago, CaliBay said:

Hello Chomper,

I too have actually had to offload human remains from aircraft.  I actually have recurring nightmares of it.  Thanks for your service loadmaster.  What kind of plane did you work on a C-17?

But onto my suggestion, I think based on what you witnessed would be considered as a depression claim or PTSD claim all by itself which is not secondary to the effects of asthma.  The effects of what you witnessed is service connected, you just need to prove it from your medical records and through your shrink

CaliBay

Hi CaliBay, 

Yep, I worked c17's from 06'-10' absolutely loved it. But i guess i just wasn't cut out for some of the stuff i saw and experienced. you're the second person that told me to just file the claim on ts on, i guess im just nervous because i really need the income i'd get and i would be crushed if something went wrong. Well im sending in all my docs tomorrow, monday. i'll post any updates here.

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chomperjones

If I was you I'd file on every condition that you have, some you will probably be denied on some but the medical evidence you have  will probably be S.C. AND RATING ACCORDINGLY. (PTSD)

So my Advise is to file on everything and get your EED ( Early Effective Date) Started on all conditions.....

VA  will put it all together and  when they deny you on the things that you may not have enough evidence for ect,,,ect,,,   then NOD those and get IMO /IME and a nexus to put them together , you will know more after they deny you and they tell you why and there reason...You will have a Year after you get your denial for your NOD ...so hey start that EED.

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so my claim was submitted on 12/12/2016.

I submitted for bipolar/depression (reopen) and tinnitus (new). I sent it in as an FDC with all my evidence.

I checked ebenefits today 12/21/2016 and the status is already showing preparation for decision.

Is this normal? I haven't even gone to a c&p exam....

For the bipolar depression it is a reopen because when i first filed in 2011, I missed my appointment.

They sent me papers saying that they see that i was treated for depression during active duty. but since i failed to show up to the appointment, it was denied.

So now i've sent a ton of new evidence that supports my claim and they've reopened the case. But does it mean i was denied since they haven't scheduled an exam but has already made a decision?

Ebenefits says  again

Estimated Completion: 01/24/2017 - 03/04/2017

 

The Veterans Service Representative has recommended a decision, and is preparing required documents detailing that decision. If more evidence is required, the claim will be sent back in the process for more information or evidence

Edited by chomperjones

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