Mental Health disability appeals limits

[GBArmy]

I saw a comment on the internet that implies that you can only submit two appeals for any mental health condition as a supplemental or a HLR. After that, a third try you must go to the BVA for appeals. Does anyone know if this is correct and is there a reference we can look up?

[USMC_VET]

On 9/18/2020 at 8:43 PM, Buck52 said:

VA Diagnosed me for MDD  and also diagnosed me for chronic PTSD I FILLED A CLAIM ON THE PTSD  , AND NOT THE DEPRESSION I GUESS I COULD  BUT WE ONLY GET ONE OR THE OTHER  FOR DIRECT SERVICE CONNECTION.

 *I CAN FILE A CLAIM  SECONDARY TO MY PTSD FOR OSA, I BEEN DIAGNOSE  FOR SLEEP APNEA AND PRESCRIBE A  C-Pap MACHINE MEDICALLY  NESSESSARY TO USE..

SO FOR A VETERAN WITH MDD SERVERE DEPRESSION   CAN FILE A SECONDARY CLAIM FOR THAT   SAY HEARING LOSS,  HEARING LOSS MADE THE VETERAN DEPRESSED,. AND GET BOTH CLAIMS SERVICE CONNECTED

if approved ?  THERES SERVERAL SECONDAY CLAIMS THAT CAN BE FILED IF THE VETERAN DIRECT SERVICE CONDITION CAUSED OR IS RELATED TO ANOTHER CONDITION,

AS LONG AS IT IS A SEPERATE CONDITION THAT CAUSES THE SECONDARY CONDITION  BE CAUSE THEY ONLY GIVE ONE mental health rating  

PTSD & DEPRESSION ARE MENTAL HEALTH DIS- ORDERS    SO WE CAN'T HAVE BOTH, BUT YOU CAN BE DIAGNOSE FOR BOTH BUT ONLY ONE RATING....BUT REMEMBER THE SECONDARY'S THAT A VETERAN CAN FILE...FOR WHAT EVER THE CONDITION CAUSES OR IS RELATED TO...ITS  KINDA HARD TO UNDERSTAND  BUT THATS THE WAY I READ IT AND SEE IT...I COULD BE WRONG.

You are correct you can be diagnosed with MDD, PTSD, Anxiety, etc. but onely get one rating. However they are supposed to combine all the effects on you and give you the rating for all of them and not jsut one.  So if seperately you would have gotten 30% MDD, 50% PTSD, 10% anxiety they cant just give you the 30% for mental health, but should make a decision whether the symptoms of MDD and PTSD overlap into just the 50% or theres enought outside those venn diagrams to warrant a higher 70% rating, etc.

However you are correct that secondary claims can be made seperately.  The hearing loss case you made isnt correct, the hearing loss would be secondary to PTSD but if granted would make hearing loss primary, MDD secondary.  But for say PTSD you could claim Sleep Apnea secondary to PTSD since it can aggravate OSA via nightmares and sleep issues (this is how i got my OSA granted). 

or say the medication you are given for PTSD causes you to gain weight which causes other health issues like hypertension or the meds give you Erectile dysfunction you can make secondary claims for that (ED would be SMC K though).

[Buck52]

HEY THERE USMC_VET , LONG TIME NO SEE  WHERE THE HECK YOU BEEN?

I AGREE WITH YA ,  BUT I THINK WHAT THEY DID ON MY RATING WAS COMBINED ALL THE EFFECTS AND ADDED THEM  IN ON THE PTSD  BUT THEY RATED ME WITH  CHRONIC PTSD.AND DIAGNOSE ME FOR DEPRESSION....THE TWO GO HAND AN HAND BUT ONLY ONE RATING FOR ANY MENTAL HEALTH CONDITION   NOW THE TBI's ARE A DIFFERENT BECAUSE OF ALL THE DIFFERENT CONDITIONS THE TBI's CAN CAUSE OR BE RELATED TO 

AS FOR AS HEARING LOSS YEAH I FIGURE THEY WOULD MAKE HEARING LOSS PRIMARY  I HAVE HEARING LOSS AND THEY SERVICE CONNECTED IT FIRST AND TINNITUS  BEFORE THE PTSD,  I FILED THE PTSD CLAIM LATER.

I AM OK WITH MY RATINGS  AT 100% PLUS 2 SMC.s

ALTHO I DO HAVE A DIAGNOSE FOR SLEEP APNEA AND COULD FILE A CLAIM FOR THAT  BUT THEY GAVE ME A C-PAP MACHINE TO USE  AND THAT'S GOOD ENOUGH FOR ME 

 THERES NO MORE $$ IN THE SLEEP APNEA CLAIM  ,SO IF I DID FILE A CLAIM FOR IT, IT WOULD JUST  BE TO GET IT SERVICE CONNECTED  SECONDARY TO MY PTSD.

I KNOW BRONCOVET IS SERVICE CONNECTED FOR HIS HEARING-LOSS AT 100% AND MDD AT 100% ALSO AND SMC H.B.   HE HAS 2 100% SEPERATE CONDITIONS. BUT HE HAD TO FIGHT THEM FOR YEARS FOR IT   BUT HE EVENTUALLY WON BOTH.

[USMC_VET]

On 9/21/2020 at 10:56 AM, Buck52 said:

HEY THERE USMC_VET , LONG TIME NO SEE  WHERE THE HECK YOU BEEN?

I AGREE WITH YA ,  BUT I THINK WHAT THEY DID ON MY RATING WAS COMBINED ALL THE EFFECTS AND ADDED THEM  IN ON THE PTSD  BUT THEY RATED ME WITH  CHRONIC PTSD.AND DIAGNOSE ME FOR DEPRESSION....THE TWO GO HAND AN HAND BUT ONLY ONE RATING FOR ANY MENTAL HEALTH CONDITION   NOW THE TBI's ARE A DIFFERENT BECAUSE OF ALL THE DIFFERENT CONDITIONS THE TBI's CAN CAUSE OR BE RELATED TO 

AS FOR AS HEARING LOSS YEAH I FIGURE THEY WOULD MAKE HEARING LOSS PRIMARY  I HAVE HEARING LOSS AND THEY SERVICE CONNECTED IT FIRST AND TINNITUS  BEFORE THE PTSD,  I FILED THE PTSD CLAIM LATER.

I AM OK WITH MY RATINGS  AT 100% PLUS 2 SMC.s

ALTHO I DO HAVE A DIAGNOSE FOR SLEEP APNEA AND COULD FILE A CLAIM FOR THAT  BUT THEY GAVE ME A C-PAP MACHINE TO USE  AND THAT'S GOOD ENOUGH FOR ME 

 THERES NO MORE $$ IN THE SLEEP APNEA CLAIM  ,SO IF I DID FILE A CLAIM FOR IT, IT WOULD JUST  BE TO GET IT SERVICE CONNECTED  SECONDARY TO MY PTSD.

I KNOW BRONCOVET IS SERVICE CONNECTED FOR HIS HEARING-LOSS AT 100% AND MDD AT 100% ALSO AND SMC H.B.   HE HAS 2 100% SEPERATE CONDITIONS. BUT HE HAD TO FIGHT THEM FOR YEARS FOR IT   BUT HE EVENTUALLY WON BOTH.

Im doing great @Buck52thanks!

If you have a family i would still consider getting SC'd for OSA.  OSA can cause a whole host of issues that lead to a death earlier than if you didnt have it.  It can lead to hypertension, heart disease, heart attack, increase risk of diabetes, metabolic syndrome, liver issues, etc.  Now i know its macabre, but if you or I pass away from getting hit by a bus our families wont get DIC payments from the VA because the bus wasnt service related. Now if you or I have a heart attack our families could make a claim for DIC because OSA increases risk of heart disease/heart attacks.