Heart Attack Secondary to Depression, Should I appeal?

[dbgrace1970]

Forgive me if this has been asked previously.  I am trying to navigate the site and did not find anything searching for it.  I am currently service connected at 50 percent for depression, listed as MDD and Anxiety.  Had a heart attack last year. STEMI.  CAD diagnosis.  In discussing lifestyle changes, I was asked what my stress level was as far as job, home life, leisure, prior health, etc.  Stress is high and depression is thick and real.  Was told that the depression and anxiety COULD be a contributing factor and Id want to be as stress free as possible.  Applied for secondary heart attack, due to depression and anxiety with VA.  had C&P exam.  Saw doctor (contractor, QCV or something) for five minutes in which he said nothing to me.  looked at computer screen, typed some things up, and excused me.  Was later denied..."It is less likely than not that the veteran has a  diagnosis of CAD with MI requiring stent placement that was proximately due to to MDD, anxiety, or OCD.  There is no medical evidence that MDD, anxiety, or OCD cause CAD".  

There are numerous studies performed by the VA, Mayo, and universities and agencies worldwide that connect CAD with depression as a cause and a symptom.  Several rulings have already stated as much.  I have requested the records from the C&P ( a month or more ago) and have yet to receive them.  Deadline for appeal is coming up quickly.  This new system sucks.  I used to just go to the regional office in Lincoln and theyd let me walk out with any copies I needed.  Question, Is it worth appealing on the grounds I have listed in this paragraph?  And is there a way to get a doctor to look at my records on my own and see if they agree that its AT LEAST AS LIKELY that the two area linked?

[jbasser]

You really need to reference CAVC cases over the BVA. The Veterans court opinions have a lot more weight. Both are helpful. 

 

Here is the link:  http://search.uscourts.cavc.gov/