Supplemental claim

[Usmc_Aj]

I have been following hadit for about a year now since I got my denial for sc. I have a question that I hope can be answered. I was denied for adjustment disorder and now I submitted a supplemental claim, however my diagnosis are for anxiety and depression so being that I was denied for mental health I was unable to submit the anxiety and depression as a new claim. I spoke with a few vso and was told I should not worry about it as the va combine all mental health issues as one. Is this true or should I look to get a diagnosis for adjustment disorder as well. When I call to check the status of my claim anxiety and depression is never mentioned only adjustment disorder but when I bring the anxiety and depression I get told not to worry and the va will look at it. 

[ShrekTheTank]

You can only have one, BUT!

it sounds like it is worse than your initial, so you should put in for an increase.  This is just my opinion.  

Edited January 12, 2021 by shrekthetank1

[brokensoldier244th]

Adjustment disorder and depression/anxiety are almost so intertwined that it won't matter. If you already have a diagnosis just ask for an increase. If it was PTSD I'd say file specifically for that because the symptomology is specific. I see claims all the time that are classified as either adjustment disorder or "anxiety and depression". 

[Usmc_Aj]

6 hours ago, shrekthetank1 said:

You can only have one, BUT!

it sounds like it is worse than your initial, so you should put in for an increase.  This is just my opinion.  

I was denied for adjustment disorder before so can I still put in for increase although it isn’t service connected 

[pacmanx1]

3 hours ago, Usmc_Aj said:

I was denied for adjustment disorder before so can I still put in for increase although it isn’t service connected 

NO, you cannot file for an increase if there is no service-connected rating. Since you recently filed a supplemental claim, you do not have to file a new claim, you just have to wait for the VA to rate your current claim. It is true that the VA will only compensate one mental health disability, but the VA can combine the symptoms and pay you the highest rating that shows the most accurate disability.  

If and I say if VA grants your supplemental claim for a mental health disability. The key would be depending on how you filed your claim and the evidence in your records, you could ask VA to grant you an EED (EARLIER EFFECTIVE DATE).  As stated, that is if the VA grants your claim and the evidence of records.  Get service-connected and then review the REASON and BASES of both rating decisions. VA is well known for misleading veterans for their effective dates. 

Keep in mind that to get service-connected you need 1. An in-service event, injury  or accident, 2. A current Diagnosis, and 3. A nexus. A nexus is a medical opinion and medical rationale that connects your symptoms to your military service.  The nexus would have to say something like it is as least likely as not that your current condition/disability is caused by or related to your military service.

Edited January 12, 2021 by pacmanx1

[Miken2c74]

Your saving grace is you do have a diagnosis of Anxiety and depression. You should explain in a lay statement how your anxiety and depression makes you feel and how it effects you daily. If you are married or have a significant or good friend ask them to write a buddy statement telling what they see in you only a daily basis. I have a question , in coming to that diagnosis (depression and anxiety) was your military service a contributor (was it stated). If not you need to opine to that fact and what happened in your lay statement. You have to allow yourself to vulnerable and let VA know the circumstances in which triggered you MH and what triggers it now.

[pacmanx1]

If you get an IMO(INDEPENDENT MEDICAL OPINION) nexus letter, make sure the Psychiatrist or Mental Health Specialist or Social Worker state they have reviewed both your military medical records and your post military medical records to give their medical opinion and rationale.