hypertension Two C&p Exams

[Guest jangrin]

Hello,

We took the advise of those of you at Hadit and made some telephone calls regarding the C&P letters and what we thought were three C&P exams. We jumped the gun a bit about getting all upset and emotional in this. It turns out the following.

One of the appointments is to have his blood pressure and vitals taken-

1.this is at 2:00 pm (it could be that they need this info again for his Hypertension claim

2.at 2:30 he has a C&P exam for IBS he didn't file for IBS he filed for gastrointestinal distrubance idiology unknown-

because they didn't specify on the paperwork what the C&P was for - he called- they said IBS-

he actually added the gastrointestinal disturbance at the same time he filed for TDIU. This was a couple of months after he filed for the initial claim

I understand why they need a C&P-he was only treated once at the VA for this (MD said nerves) then we had to move-and he is still waiting to get in to see a doctor at our new home area (5 months for appt)

3. The next C&P is in the PTSD clinic 4 weeks later. I guess in the big scheme of things 3 appointments for three different things 4 weeks apart is not too bad.

We over reacted to the notices because we were told the claim was ready to be rated. Then to find out it wasn't was a big disapointment. Back to the waiting game, but we were releaved that they wern't repeating C&Ps just adding more.

Any help for the Gastro/IBS - would be appreciated.

Thanks,

[Berta]

Jangrin-

this condition (IBS)could be found as secondary to other conditions he can get SC for-

such as :

http://www.va.gov/vetapp06/files2/0602247.txt

"ORDER

Service connection for generalized anxiety disorder is

granted.

Service connection for irritable bowel syndrome is granted."

I wuld imagine it could also be a secondary disability due to the affects of some specific meds- not sure though-

[Guest jangrin]

Thanks Berta,

I was going to hold off on this next question but I quess we will need to address it anyway.

The third C&P exam is in the Mental Health/PTSD clinic about 4 weeks away.

BACKGROUND =

1. When my husband filed for VA comp he told the VA SO that he felt really depressed. She listed depression on the original claim application.

Then she had him look at a check list and he marked off many of the items-she told him to go to the VAMC and get a referal to the MD shrink at the center. He did, and the MD diagnosed him with depression and gave him some medication.

Next the SO helped him get the referal to a clinician who counceled by contract with veterans individually and in group. After quite a few sessions he DX my husband with PTSD/depression.

When my husband went to the SSD mental examination he was DX with depression/PTSD.

He has not been able to get into the group sessions again, since our move.

Also, my husband was in RVN for two tours. He did not have a combat MOS, but did have stressors. I feel that my husband is suffereing from depression caused by the AO DMII and secondary illnesses. And then having to deal with the VA and the doctors etc. has brought about much PTSD symptoms. His stressors may or may not be proven but he was awarded the Army Commendation Medal for Valor. But no buddy statements. PTSD I think will boil down to whether they believe him or not.

The question is two doctors says Depression/PTSD and one doctor says PTSD/depression. Both depression and PTSD we filed for on the original claim.

I fell he suffers from both. How do we proceed with this claim????? All responses are appreciated. Thank you so much

Jangrin and Chuckles

Edited February 3, 2007 by jangrin

[Pete53]

It is very rare to get an award from the VA without a C&P exam. I know that a few say it happened to them but I still think it is like snow in New York City on July 4th. It happened once.

[Guest jangrin]

I have tried to run a search of any BVA decisions regarding DMII with depression/mood as secondary and have been unsuccessful. If anyone has any informational links we can study to aid in this. People say depression is easier to SC but I am having difficulty finding decisions on this topic.

Also if someone out there can explain how to do a search at the CAVC that would also be helpful.

Thank you

[Berta]

The CAVC recently changed their format-

still a search can be done at http://www.vetapp.gov/

under Court cases ---Opinions and decisions-

I couldnt find any cases at the BVA or the CAVC for depression as secondary but they could well have been awarded.

This type of claim would need a strong medical opinion-possibly from an endocrinologist as well as a shrink-to service connect the depression as caused by the diabetes-

[Guest jangrin]

The CAVC recently changed their format-

still a search can be done at http://www.vetapp.gov/

under Court cases ---Opinions and decisions-

I couldnt find any cases at the BVA or the CAVC for depression as secondary but they could well have been awarded.

This type of claim would need a strong medical opinion-possibly from an endocrinologist as well as a shrink-to service connect the depression as caused by the diabetes-

Berta and All,

I found this while searching- the complete article is here at the link, however, there is a section on secondary service connection

and they specifically talk about depression secondary to physical or mental to service connected conditions.

http://www.amvets-alaska.org/servconn.htmSecondary Service Connection

My thoughts on this are as follows... Although my husband does not have combat MOS he did fullfill the criteria for occupations that are prone to have an element of PTSD inherent in them. I know my husband suffers from PTSD and depression and Mood disorders. If VA cannot verify the stressors and deny the PTSD and depression. Once he is SCd for the presumptive DMII and secondarys,and then if he is denied for PTSD and or depression, could we then appeal the denial on the depression (only) as it is secondary to ALL service connected disabilities?

Any disability that is caused by a service-connected disability can be service connected. For example, a mood disorder such as depression can be service connected if it is caused by or related to a service-connected physical disability. Also, a physical condition that is caused by a service-connected mental condition can be service connected. The secondary disability need not appear until years after the original service-connected disability.

If a veteran thinks that a service-connected disability has caused some other physical or mental problem, he or she should try to get a statement to that effect from a doctor. A veteran's statement that a service-connected shoulder condition caused a neck problem is not enough for the VA to grant service connection because the veteran is not a medical expert. In fact, the VA may decide that this claim is not plausible or well grounded.