Depression Due To Chronic Pain

[Resqflyr]

I was discharged from the military December of 2004 due to multiple convalescent for Right Knee issues (4 Knee Surgery's).  I am Service Connected for Right Knee Medial Meniscal Tear  with Patellofemoral Pain Syndrome and Degenerative Arthritis that has been getting worse over time. 

Due to the nature of the pain, I am submitting a (Secondary) claim for Depression due to Chronic Pain.  Any advise on what I should do before/after submittal to support my claim?

Example:

Should I see a Counselor about my Depression First or wait for the VA C&P Exam?

 

Thanks in Advance!

 

 

[broncovet]

Go ahead and submit the claim, unless you have too much money, then wait forever.  The "claim date" is often the date which determines your retro, so a later claim date is less retro.  

However, you will need to see a VA doc before benefits are actually awarded, but by applying early, you get an earlier effective date.  You will need 2 things:

1.  Current diagnosis (of depression).

2.  Nexus, or doc's statement that your depression is "at least as likely as not" due to pain from your (service connected condition(s).  

[Resqflyr]

Thanks for the rapid response to my question Broncovet.    You mentioned I would need the following:

1.  Current diagnosis (of depression).

2.  Nexus, or doc's statement that your depression is "at least as likely as not" due to pain from your (service connected condition(s).  

 

So that I am clear, I don't currently have a diagnosis (of depression).  Will I need to obtain that before the VA sees me?

As for the Doctor statement, I understand it basically needs to say that more likely that not caused by the pain correct?

What is Nexus?

Thanks for looking out for the "Boot" of the site. :)

[brokensoldier244th]

You can submit the claim to secure the date, but its going to be a lot easier if you have a series of notes from a provider rather than just relying on the C&P guy. I think my depression was being treated for at least a few months before I submitted my claim and then I kept going (and still do, though Im medicated and stable now) . They had a lot of evidence to show for it, and I made copies of my notes from Release of Information or MyHealthVet Blue Button and highlighted the relevant parts that pertained to my pain and where I talked about it in each session. I had a cover page with some quotes from those notes on the top with page numbers so they could flip through it like a book and find what they wanted/needed. 

[kanewnut]

In my case a doctor in pain management had sent me to another doctor for pain coping skills and he diagnosed me with depression from my service injuries. When I had the C&P exam I don't know if the doctor had all the records to look at. I know the exam was very short in my memory. It seems like just a few questions about how I felt and how I was doing and he seemed to be nodding his head and leading me on. 

I you get a good C&P exam you may not have any trouble, but if you don't then I think you will have to find a doctor to diagnose you and opine about it being secondary to your military injuries.

Good luck.

[Resqflyr]

Roger that.  Thanks for sharing your experience.  This site is most helpful..

[broncovet]

Broken Soldier is correct.  It wont likely fly if you apply for benefits, go to the doc, and sit and wait.  You need to be "in treatment" for depression.  That means you will be going to the doc regurarly..at least once every 3 months.  

A diagnosis only of depression along with the nexus and in service event will get you sc, but to be awarded above about zero percent you need to have symptoms.  Mostly these symptoms are about "occupational and social impairment".  Translation:  To what degree your symptoms affect your work and social life.  You can read the criteria for yourself and guess which you fall into:

Scroll down to "General Rating Formula for Mental Disorders"

https://www.law.cornell.edu/cfr/text/38/4.130