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Disability rated or denied

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whyohwhy

Question

So I just got my rating decision... 20% My question refers to a condition I claimed but wasn't addressed. My claimed contentions are:

  • Chronic Pain Syndrome with Depression (secondary to: shoulder condition) (Secondary)
  • shoulder condition left (New)
  • knee condition right (New)
  • anxiety condition (New)
  • depression (New)
  • tinnitus (New)
  • high blood pressure (secondary to anxiety) (Secondary)
  • sleep disturbances (secondary to depression) (Secondary)

My rated disabilities on ebenefits are:

tinnitus   Not Service Connected    
left shoulder labral tear 20% Service Connected   08/28/2018

major depressive disorder with anxious distress (claimed as depression, anxiety condition, sleep disturbances)(edit:secondary to labral tear symbol didn't paste)

  Not Service Connected    

chronic pain syndrome(edit:secondary to labral tear symbol didn't paste)

  Not Service Connected    

hypertension (claimed as high blood pressure)(edit:secondary to labral tear symbol didn't paste)

  Not Service Connected    
right knee patellofemoral pain syndrome, medial femoral condylar bone marrow contusion with osteochondral lesion  

Not Service Connected

 

 

Edit: The 3 condition below the labral tear have the secondary arrow symbol that didnt paste. The depression and anxiety as a primary condition was not addressed, only the possible secondary condition. Is the NOD the only realistic next step? Or, can I have them make a rating decision on that issue with something quicker (CUE?)? It is based on Whistleblower retaliation and a retaliatory criminal investigation (no probable cause) I gave paperwork on and the psychiatrist diagnosed me with depression and anxiety (He told me after the exam and pushed me towards getting help). 

Edited by whyohwhy
didn't paste correctly
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Not having your decision I cannot make an educated guess on your next course of action.  I am also confused about the whistleblower retaliation and criminal investigation?  I do not see where that has any bearing.

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The VA does not owe you 2 decisions:  one for primary and another for secondary.  Instead, they are required to maximize your benefits and award what you qualify for. ...either presumptive, primary, secondary, etc.  

Thus, if you met the criteria for either primary, secondary, or presumptive SC, you should get a favorable decision awarding benefits.  

So, if you think VA overlooked (secondary or presumptive ) SC, then you should file a nod.  However, its true its cue if the VA failed to consider you for, secondary conditions, if you met the criteria.  

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Thanks for the response Broncovet. Yes, I think I'll have to do the NOD as the ignored the major in-service stressor.

 

Vetquest, the whistleblower retaliation against me (as defined in DOD Directive 7050.6 and 10 USC 1034) and the criminal investigation (a major part of the retaliation while on active duty, along with denying medical care for a physical injury, not paying me, etc.) are the major in-service stressors. The cases that pass the Prima Facia stage take a long time to be resolved and substantiated. DOD is working to fix many of the issues involved with it prior, but it's a slow process on par with the VA. 

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Whyohwhy I think it would be a good idea to file the NOD. Did you get a C&P for Major Depressive Disorder? Others might disagree but I would recommend you get an atty, sounds like a complex case. Welcome to the rabbit hole..😀

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4 hours ago, McRay said:

Whyohwhy I think it would be a good idea to file the NOD. Did you get a C&P for Major Depressive Disorder? Others might disagree but I would recommend you get an atty, sounds like a complex case. Welcome to the rabbit hole..😀

Ya, I think I will get an attorney. Fighting the Army and VA is a nightmare. The Army stuff is about done thankfully. I'd like someone else to deal with the VA. Ya, it was the C and P exam that diagnosed me. I am working on getting my c file so I can see exactly what it says. It may not have explicitly mentioned the whistleblower retaliation.

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I would NOD this  , it should be fairly easy to win  if you have all your medical evidence to submit  or maybe a New IMO. Favorable to you, I would do this before trying a CUE...you can always CUE them if the NOD  Don't workout!

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