Concern with my VSO Decision

[DevilDogCurt]

I am confuse....

Me:   Hey Sir,
I just wanted make sure the claim that we just recently submitted is secondary to my service connected disabilities.  I was never seen in the military for depression or anxiety.   Can we please make a note that my depression and anxiety is secondary. 

 

VSO Response:  Mr. Reed
I have reviewed your currently rated disabilities and you can't submit the
contentions as secondary to one of your currently rated disabilities for the
following reason:
- Your currently rated disabilities are all joints or hands and your claim
is for mental issues
- You have to provide medical evidence showing the contentions on your claim
are secondary to a currently diagnosed disability.

 

My PSYD letter in support of my claim is attached.  She also state most statements in her DBQ that she did for me.

[broncovet]

Its okay to call the 800 number, but I dont recommend asking them to "change it to secondary".  Dont "change it to secondary", but ask IN WRITING that you ALSO want to be considered for SECONDARY CONDITIONS as well.  In other words, you want to also be considered for Tinnitus secondary to PTSD or whatever.  

They "should" already do that, but dont count on VA employees to do their job.  

[Berta]

When did you formally file the PTSD claim? Or has a claim been filed that is specific to the diagnosis in the letter you attached here?

Has the VA contacted you yet about that claim?

I agree with the VSO-based on how I understand your post-

You need an award and rating for the MH issue-before you can claim secondaries to it. (or from it)

PTSD claims are different from anxiety- depression claims. 

The 2010 PTSD regulations are here under a search.

or maybe you are claiming you have depression etc , as seondary due to the established disabilities you have now....

Have they denied a claim for MH issues?

In any event- a reconsideration request has to be formally filed by the claimant.

 

Edited June 6, 2018 by Berta

[Gastone]

How about a Two Prong Attack, NOD immediately after notification of the upcoming Denial Decision which has probably already been made and File immediately, a New Claim on your own using your E-Ben site to address the MH Conditions that you believe are Secondary to the PAIN Symptoms associated with your SC Joint Issues.

You could address the supposedly erroneous VSO Direct SC Filing, by personally filing a VA Statement in Support of Claim, discussing how this error unbeknownst to you, occurred.

Did you mention, did your VSO file this Pain Claim as an FDC?

Have you asked, or has your VSO offered to review your C-File to determine the current status of the Claims progression?

[Vync]

@DevilDogCurt

Did your VSO even bother to read the letter from your doc?

I was diagnosed with depression caused by my SC joint pain. I filed a claim, was examined, and approved. Your VSO needs more training.

[DevilDogCurt]

That what I thought.  So I am not mistaken?  Did you read my attached letter and did you get what I was understanding?

[Vync]

It can happen. I had a couple of VSO's who thought they were trained well enough. Sometimes it just helps to work together with them and learn together for the greater good (success in your claims).

The letter from your doctor looks very good, in my opinion. They point to evidence found in your medical record, indicate you had an initial diagnosis right after you got out, and the most important part is the "more likely than not" opinion. They also provided a good write up.

Be sure to fill out a release of information form to go along with it when you submit. This will prevent the VA from wasting more time by coming back later and asking you to do it.