Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Secondary Claim-depression Due To Chronic Pain

Rate this question


Sherry

Question

Hi all,

I am looking for information on if anybody has filed a secondary claim for depression due to chronic pain. My worst SC disability is Fibromyalgia followed by interstillial cystitis and tarsal tunnel, plantar fasciitis. Also the VA is running more tests to rule out Lupus. Ever since I was first in the miltary 10 years ago, they suspected Lupus but really did not follow up on it. ANA is really high along with other clinical signs. Anyways back on topic...Do you think the VA would say well the depression is a symptom of fibromyalgia, so you cannot be awarded SC for as a secondary condition. I have read where IBS has been service connected secondary to Fibromyalgia even though it is listed in the symptom chart. It has been noted in my records that I have PTSD and depression. Lost my claim for PTSD..did not follow up on my first denial. I have been reading the boards for awile now and think everybody is great and helpful! Thanks for any advice anyone could offer.

:)

Link to comment
Share on other sites

  • Answers 21
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

Recommended Posts

Thanks for the replies. So if I send an informal claim on Monday would that be okay? How should I word it? I used to have a VSO but moved out of the area. I just want to make sure I'm doing this right. Also my other question is about opening a new claim. Will the C&P examiner examine all my disabilties or will they keep it strictly to the depression and causes? Thanks again.

Link to comment
Share on other sites

any help to you Sherry?

Allan

Source: http://search.vetapp.gov/isysquery/3a3e2162-09a8-431a-b232-202f706e5992/1/doc/

90-1564

HOAG.564

--------------------------------------------------------------------------------

Search Terms: FIBROMYALGIA CHRONIC PAIN DEPRESSION SECONDARY

--------------------------------------------------------------------------------

UNITED STATES COURT OF VETERANS APPEALS

No. 90-1564

Brian D. Hoag, Appellant,

v.

Jesse Brown,

Secretary of Veterans Affairs, Appellee.

On Appellee's Motion for Remand

(Decided February 18, 1993 )

Link to comment
Share on other sites

Well first of all I was awarded 20% disability for osteoarthritis of the left knee April 2004. I appeal that rating and also for EED and filed for TDIU, claim for ankles, depression, right knee and fibromyalia. Well bout 6 months later all was denied. Did formal appeal and County SO told me drop the claims and just appeal the higher rating, instead I dropped him. Got DAV as SO rep. The BVA remanded everything back to VARO and finally in July 2006 they set up 5 C&Ps . In December I was awarded 70% for depression due to pain caused by my knee, and 10% for each ankle, 10 for right knee which came to 80% total. 2 weeks later my DAV SO said that I would be awarded TDIU.

Link to comment
Share on other sites

Sherry-Welcome aboard and do not hesitate to send the VA a letter stating that you want to have your depression service connectioned as seondary to your SC condition.

A VA supporting opinion will be great if you can get that-

the VA doc must offer complete medical rationale and if they would incorporate any good medical treatise or abstract that you could find on the net, that would help too.

An IMO is always a good idea too although can be costly-

I am wondering- is the doc who might help a shrink treating the depression or is this the fibro doctor?

Are you employed?

Has any doctor ever told you that your SC disabilities prevent you from working?

If so I suggest you apply for TDIU- form attached- tell them of the side affects of your meds and anithing else that supports fact that your SC disabilties render you unemployable.

TDIU_form.pdf

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

Link to comment
Share on other sites

  • HadIt.com Elder

Kenny

If you have five C&P exams set up you are bound to get SC'ed for something. That was a good outcome! Even if you just get 10% for most of the conditions it adds up in the end. I have five 10% ratings and a 70% rating. I expect to get a few more here soon for complications of DMII.

Link to comment
Share on other sites

any help to you Sherry?

Allan

Source: http://search.vetapp.gov/isysquery/3a3e2162-09a8-431a-b232-202f706e5992/1/doc/

90-1564

HOAG.564

--------------------------------------------------------------------------------

Search Terms: FIBROMYALGIA CHRONIC PAIN DEPRESSION SECONDARY

--------------------------------------------------------------------------------

UNITED STATES COURT OF VETERANS APPEALS

No. 90-1564

Brian D. Hoag, Appellant,

v.

Jesse Brown,

Secretary of Veterans Affairs, Appellee.

On Appellee's Motion for Remand

(Decided February 18, 1993 )

Thank-you for this I didn't know this site existed.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • Troy Spurlock went up a rank
      Community Regular
    • KMac1181 earned a badge
      Week One Done
    • jERRYMCK earned a badge
      Week One Done
    • KMac1181 went up a rank
      Rookie
    • Lebro earned a badge
      First Post
  • Our picks

    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 3 replies
    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
    • Welcome to hadit!  

          There are certain rules about community care reimbursement, and I have no idea if you met them or not.  Try reading this:

      https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/

         However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.  

         When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait!  Is this money from disability compensation, or did you earn it working at a regular job?"  Not once.  Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.  

          However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.  

      That rumor is false but I do hear people tell Veterans that a lot.  There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.  

      Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.  

          Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:

      https://www.law.cornell.edu/cfr/text/38/3.344

       
×
×
  • Create New...

Important Information

Guidelines and Terms of Use