Advised By Dr. To Open Depression Claim

[k9healer]

I have a current claim with VA for back and knee injury. I had received 50% from discharge till Dec 2004. Then had surgery on my back and received 100% till July 2006. Now I receive 10% back and 30% knee. My Psyc. Dr. recommended opening a claim for depression. I was referred for eval by my primary and the psyc Dr says I am depressed. My primary keeps complaining that I am working because my back is still giving me bad pain everyday. I try to manage the pain with aleve and flexiril. It helps but not alot. The pain meds, oxycodone and codiene make me really sick at my stomach so I do not take them.

I dont think Im depressed. They say I am since I do not participate in alot of the stuff I use to. It is because it hurts to do so. Not that I don't want to.

How does this depression claim/eval work and what can I expect?

My primary also has informed me that my nerve path in my back L5S1(I think) it is really low, have narrowing and neurology has ordered an mri since the xrays showed this problem.

Can anyone tell me what to expect next?

I appealed the 10% rating at the suggestion of my primary in Decmber 2006 and am awaiting a decision.

Thank you

[Vike17]

k9healer,

You stated you had a 50% rating from your discharge to 2004, then received a temporary 100% evaluation due to surgery on your service-connected back (probably paragraph 30 claim). What was the percentage evaluations for your knees and back before the surgery? The reason I ask is something doesn't add up because 30% and 10% combined equal 37% rounded up to 40%, and unless after the surgery your back made a tremendous recovery, the VA usually doesn't reduce the prior original rating after the 100% temporary evaluation is reduced. Do you have any other service-connected disabilities that you didn't mention? Also when was the original effective date of your service-connection for your lower back. Was it before Sept. 2002?

You also stated you have a current claim for back and knee injury. Do you mean you are apealing the prior rating decisions, or have you applied for an increase for both conditions? You only mentioned you are appealing the 10% rating for your back? If you are receiving a 10% rating for your back, then that means you either had a forward flexion (bending forward movement) of between 60 degrees and 85 degrees or incapacitating episodes (periods of bed rest prescribed by your doctor) of between 1-2 weeks within the last 12 month period, or if your back was originally rated before Sept 2002, then it was rated on "slight," "moderate," or "severe" range of motion ect.... The current rating criteria for the back is determined by either the range of motion or the prescribed periods of bedrest and treatment by your doctor, whichever results in the higher rating.

If you are going to file a claim for depression as secondary to your back condition, you'll need a shrink to officially diagnose you as such and have him/her make a statement saying your depression "is at least as likley as not" the result of your continued back pain ect... If you are goingto file a claim for this, you just need to write a short letter to your regional office stating so. However, keep in mind that by doing so, this may slow down any appeal(s) you ay have pending.

I hope this helps.

Vike 17