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Denied once should I try again? As secondary or Not?


Riplip

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Back in 2017 I claimed for stress and anxiety as secondary to my hearing loss and vestibular disorder and they denied it and obviously i just went on my merry way. These things are really screwing me up mentally. They are and have changed my life dramatically as well as my families. I don't go to functions as i should for work and family. I try to avoid people so I don't have to try and get through a conversation. I can't even schedule meetings anymore for work because I don't know if I'll have vertigo or be dizzy that day. If I'm in a meeting and I can't hear anything I start get all flustered and red face and hot then I get nausea and need to leave immediately. These two issues are running my life right now and it sucks. While I am going for an increase on my hearing loss should I just put stress and anxiety as secondary on all of it again or am I just doing it all wrong? I will be asking my DAV rep. on Monday but so far i haven't had a ton on confidence in him as of yet. Just would like to know what to do on my own if that is where i'll be. Thank you

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JMO (just my opinion)

but the best way to work your claim is do it yourself..do not depend on the VSO  unless you know that are very good at what they do and will do it.

or ask questions here on hadit  you will be lead down the right path if you do.

you quoted

''While I am going for an increase on my hearing loss should I just put stress and anxiety as secondary on all of it again or am I just doing it all wrong?''

''I will be asking my DAV rep. on Monday ''

AS for as you denial   your going to need a qualified Dr to help you  we can't say that stress/ anxiety and is secondary to another condition that we have   it takes Qualified Dr to opine on that in detail ...> not the veteran.

IMO's (Interdependent medical opinions) are good for this  when we appeal the decision of a denial   the VA will only listen to or read what a qualified Dr writes,   our statements on this will not fly  and normally always a denial.

Edited by Buck52 (see edit history)
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Are you seeing a doctor (psychiatrist, or counselor) about your depression currently?  See if they will fill in a DBQ for you.  If you are not you need to start seeing one, what you need is a link to your current SC disability and the claimed condition, continuing care for your depression, and a statement that it is as likely as not that your SC disability caused the new disability.  The DBQ for psychiatric disabilities is found at this link.

https://www.vba.va.gov/pubs/forms/VBA-21-0960P-2-ARE.pdf 

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I went once about a year ago when I felt overwhelmed and my PCP told me I should she this lady. After about 15 minutes of talking to her all she wanted to do was put me on pills. At that point i got angry and the rest of the meeting didn't go so well and never went back. I'm sorry but i feel there are so many problems in this country because they push pills. Lost a family member to drug addiction a few months before i met this lady. If i need meds fine but if you don't even know me and want me to start popping more pills I'm not in. I probably over reacted but i still have her card hanging in my vehicle and I'm at the point when i might need to talk with her again. 

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Well when we get depressed and have stress and just not feel well...and we have another condition that  would cause the other condition   this is what he VA Call secondary claims .

  however you need to see the Dr's about these other condition that your original condition is related to (hearing loss) and get some medical paper trials going, if you take medication for anxiety and depression  and you feel its because of your Hearing loss   check with a Dr about it   usually for depression/anxiety.

   You need to see the Mental Health Clinic  And when they prescribe medications   some of these medications will make us  have other conditions that we never had before and the Dr's realize that   so you need to ask them since you started taking  (these medications that you prescribe for me  will they cause me to feel this way and that way?  if the Dr says yes  then this would be favorable evidence to file with your claims.

you can ask your therapist or psychiatrist  if your hearing loss can caused or be related to your anxiety/depression   ect,,,ect,,   and if they says yes they can   then this would be in your paper tail  of your medical records  and can be use as evidence to help you substantiate your claim  of what you are claiming   it would be a secondary condition.

Depression/high anxiety secondary to your hearing loss.

But unfortunately we can't make that statment  but the Qualified Doctors Can...and some will you just have to ask them   even ask them if they will fill out a DBQ but I never had any luck asking VA Dr's to fill out a proper DBQ

Example  I have chronic PTSD  and take medications for it and depression and high anxiety...since taking these medications it has caused me to  have E.D.  I ask my VA Urologist if these medications can cause my E.D.??  He said yes they can   so I copied that off my medical records and filed for E.D. Secondary to my PTSD   this is only an example ....you could file a secondary claim due to your S.C. profound hearing loss.

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8 hours ago, Riplip said:

Back in 2017 I claimed for stress and anxiety as secondary to my hearing loss and vestibular disorder and they denied it and obviously i just went on my merry way. These things are really screwing me up mentally. They are and have changed my life dramatically as well as my families. I don't go to functions as i should for work and family. I try to avoid people so I don't have to try and get through a conversation. I can't even schedule meetings anymore for work because I don't know if I'll have vertigo or be dizzy that day. If I'm in a meeting and I can't hear anything I start get all flustered and red face and hot then I get nausea and need to leave immediately. These two issues are running my life right now and it sucks. While I am going for an increase on my hearing loss should I just put stress and anxiety as secondary on all of it again or am I just doing it all wrong? I will be asking my DAV rep. on Monday but so far i haven't had a ton on confidence in him as of yet. Just would like to know what to do on my own if that is where i'll be. Thank you

What was the date you received your denial letter? If it's been over a year...you'll need to re-open it with new and RELEVANT evidence as a supplemental claim for DRO review. https://www.va.gov/decision-reviews/supplemental-claim/

"New and Relevant Evidence" such as, new treatment notes for your mental health issues due to hearing loss and vestibular disorder; possibly a filled out mental health DBQ other than PTSD; and a nexus letter from a mental health doctor stating the minimum threshold of "at least as likely as not" the veteran's claimed condition is due to or the result of the veteran's hearing loss and vestibular disorder, plus a rationale linking your stress and anxiety to your SC conditions. 

Below I provided the proper DBQ that a mental health doctor can fill out. You can't fill out the medical part, only your personal information. 

MH disorders DBQ.pdf

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The denial was Dec. of 2017 and it was for anxiety and stress secondary to both hearing loss and tinnitus. 

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I sure hope you sent in your 21.0958  NOD with in a year of the denial? Dec 2018 would be your dead line.

if not you may need to request a reopen and send in new and meterial evidence  or revelent evidence as you will be placed in the RAMP Program    if they do that to you  you may want to choose the S.L. Supplemental lane

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I never sent anything in. I was just going through the motions and the DAV person at the time said "well thats that" and hear I am now. Sucks

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The form to send is xxxxsxxxxxxxxxx

Edited by Buck52 (see edit history)
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I don't see how the employment form pertains to this. I am not seeking IU. I am not 100% and I am working full time and have been for the last 19 years and I don't plan to stop. I guess I missed the bus listening to my last Rep. Now i figure I just need to start the whole process over. 

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sorry about that  I meant the NOD Form 21-21-0958 after you were denied

the employment questioner was meant in another post   sorry.

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Thank you Buck52. This applies even after a year?

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The 21-0958 is the old NOD Form to be used after a Veteran is denied  to appeal his decision...Veterans only have one year to file it after the denial. 

VA is pretty  strick on this too   if the veteran don't file  this form within one year after being denied  then the VA Closes out the claim.

if you missed the one year date  you may need to reopen the claim   your DAV/VSO should have mention this to you and also in your denial  it should have been mention there as well from the VA

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Ok I will need to reopen. My rep. didn't say anything and I apparently missed it being in the beginning stages and not really knowing most of the ins and outs at the time so i'll start doing it over and being more careful and following procedures. Thank you

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