My Supplemental Claim was closed in less than two weeks

[oldfatman]

I did a supplemental claim regarding my Severe anxiety and depression . I am already receiving SSD for this issue. My initial Claim was denied. They said it was not service related. I sent the VA 5 new pieces of evidence and asked them to look up 3 things in my service and medical records. I can't believe they did any of that in less than two weeks. I have been advise to get a lawyer for the next appeal step. Is this Normal for VA to just blow off my Appeal?

[Guest]

17 hours ago, oldfatman said:

I received my decision Letter for the Supplemental Claim today : "The Previous Denial of Service Connection for Major Depressive Disorder is Confirmed and Continued.

" Service Connection for major depressive disorder is denied since this condition neither occurred in nor was caused by service" 

"You have been diagnosed with a disability. Your VA examination dated October 23, 2019 shows a diagnosis of major depressive disorder."

 

I never said the Marines caused my condition. Only that my service time made it worse. They seem to completely ignore this.

They do not deny my Disability, only that the Marines didn't cause it. I never said it did.

 

Did not submit my original Claim correctly? 

OK, a little off here.  What are you service connected for?  Never put the cart before the horse.  If your claim is not service connected, don't apply for secondary.  VA will see a way to deny both primary and secondary claims to kill two birds with one stone.   Please explain "I never said the Marines caused my condition. Only that my service time made it worse." The more you explain the better we can help.

[oldfatman]

27 minutes ago, pete992 said:

OK, a little off here.  What are you service connected for?  Never put the cart before the horse.  If your claim is not service connected, don't apply for secondary.  VA will see a way to deny both primary and secondary claims to kill two birds with one stone.   Please explain "I never said the Marines caused my condition. Only that my service time made it worse." The more you explain the better we can help.

 

My Anxiety and Depression issues started in my childhood. I have been fighting them for decades, but didn't realize what was wrong with me until about 3 years ago when I asked for help after trying to commit suicide. Since then I have been seeing a Psychiatrist and a Psychologist and spent several hours in counseling. I never saw combat, but there were several instances that made my Anxiety, Depression, and self Worth much worse while I was in the Marines. My Parents and my friends could see the difference in me after I got out. They all wrote letters to the VA. I have been receiving SSD for about a year for my Mental problems. I can not hold down a job anymore even with my medication.

 

I am receiving 10% from the VA since 1992 for a unrelated issue.

Edited January 28, 2020 by oldfatman

[Guest]

On 1/21/2020 at 4:14 PM, broncovet said:

There is no such thing as "normal" at VA.  

I recommend you wait a couple months for the envelope, if it does not arrive, then raise a fuss about your claim being closed.  

 

On 1/22/2020 at 12:04 PM, oldfatman said:

Thank you for the info.  Is the next step to request a higher level review or go straight to the VA court? I am assuming they denied the appeal because of them taking less than two weeks. Also, nothing has changed on my E-Pay.

The only normal at VA is VA will 80 to 90% of the time will deny a veteran's claim.  Even with good evidence VA is in the habit of denying claims.  I do agree that your decision letter will explain more but you can get your mental health doctors to review your evidence and write  a letter stating that it is as least likely as not that those incidents in service aggravated your mental health condition.   Yes, you may have to appeal.

[oldfatman]

I sent off my paperwork for a BVA review. Hopefully I get them to at least recognize my Mental Problems got worse because of my time in the Corps. Even if it's only 10-30% At least it would be something. I am not holding my breath.

[Berta]

You said:

". I sent the VA 5 new pieces of evidence and asked them to look up 3 things in my service and medical records. I can't believe they did any of that in less than two weeks. I have been advise to get a lawyer for the next appeal step. Is this Normal for VA to just blow off my Appeal?"

The VA is not going to "look up" anything- in my opinion ( as a hardcore claimant since the late 1990s)

They barely read SMRs ,if they look at them at all.

You also stated :

"I sent off my paperwork for a BVA review"

I assume your appeal has been transferred to the BVA. Once you get a Docket # you can send the BVA any evidence that you feel would be relevant to the claim.

I had a AO IHD claim denied in 3 weeks. The denial said my dead  husband's SMRs did not reveal IHD ( what the claim was for)

I immediately Cued them yhr nrxt day ,with a short but scathing CUE reminding the RO idiot ( I put attention to and then the initials into the alpha numeric ,on the denial, to reach who this idiot was) that most Vietnam Veterans were Kids when they got to Vietnam ( my husband was barely 18) and None of them would have been accepted into service  if they had IHD ( Ischemic Heart disease).I also made the point that I have been involved with the AO issue since 1991 (husband and then I ,as his widow, were in the in the original AO Settlement Fund, and that Nehmer (the reg and court order  that controls AO claims) does NOT require any need to go over the SMRs of AO presumptive claims  due to Vietnam service and AO documented disabilities..) I won that claim, not long after they got the CUE.

In Jan 2020 you were advised to get a lawyer- have you done that?

 

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[oldfatman]

The address The BVA was sent to Was Washington,DC , but it was apparently forwarded to JANESVILLE, WI 53547 . Does anyone know why??