Depression VA Disability claim

[RMF]

I submitted VA disability for anxiety and depression but awarded 10% insomnia secondary to chronic pain.

[pwrslm]

Look at the rating decision. Then look up the 38CFR info on what they awarded you -vs- what you claimed in the original filing. You know your symptoms, so you should be able to gage if they were right. If not, supplemental  claim with new evidence can be submitted showing why you think they should give you a higher rating. Usually this would lead to something they omitted in the original decision like existing records not cited or something they did not have on hand. Any info that was omitted/discounted has to be noted as such, with the reason in the decision letter if it is in your C-File/VAMC records or Active Duty records. Any documentation you provide must be considered, so this would be the time to get an IMO to back up your claim. Supplemental Claims are much faster (months) than appeals (years), so exhaust that option first. You can file multiple Supplemental Claims as long as you have new and relevant information to include. New information can be professional medical journal studies or articles that rebut the information from C&P examinations. You may need an IMO or professional, published, medical literature/treatise to document your case.

Edited November 29, 2021 by pwrslm

[GBArmy]

Hi RMF Welcome to Hadit. The VA usually rates insomnia as a MH condition and symptoms can be anxiety or depression. You have the MH disability ratinhg now and all MH disabilities except for PTSD are rated using the same criteria. So to get more you must display MORE severe symptoms that bump you up to a higher rating. Here is a good place to start. https://cck-law.com/blog/va-disability-benefits-for-insomnia/

[brokensoldier244th]

You'll want to read your decision letter to see how they came to 'insomnia' as the primary driver of your rating. If the C&P was done through VAMC you should be able to view it online through MyHealthVet under the Personal Information tab at the top, "Download My Data". You can search in there through everything VAMC/Capri has in the system- the same stuff we pull to add to your claim file during development, before sending to a rater. If your C&P was done through a vendor you can request the C&P from them with varying degrees of success, since a lot of them will say that VA is the client, and not you (which is true). In that case you can have your POA get it from the VA side of things. 

 

[Buck52]

If you been diagnose for anxiety and depression or ptsd,  Remember we can only have one MH Condition , If you  get depression service connected and rated  then you should have some secondary conditions to file, if you have  insomnia  secondary to chronic pain    10%  you might want to ask your VA PCP or your Private Dr. for a sleep study  to see if you have Sleep Apnea, if you do  file that as a secondary claim to your depression  or your insomnia  if you get  diagnose for the Sleep Apnea    and require a C-pap machine medically to use each night   you get the Sleep apnea  claim secondary   that's a 50% rating. But you would need a sleep study ....you might be surprised you have it  and it and the C-Pap machine could save your life one day/night.  if you get depression s.c. and rated or ptsd? you can also file the sleep apnea claim secondary to your depression or ptsd    one or the other  but not both.

[pacmanx1]

This rating seems to be low, prior to me being granted for sleep apnea, I am service connected for both insomnia and depression. Due to the fact that you have insomnia the VA should have considered other symptoms with your disability. I am not talking about filing a claim for secondary conditions. I am talking about symptoms that should have been considered with your insomnia/depression claim. I feel that I am an overall nice guy but with my insomnia, I get irritable and moody, not that I start yelling and screaming at people, but it is that I rather be alone and not bothered by anyone. When you have lack of sleep it begins to interfere with other part of your activities and the VA should have considered those symptoms. What does your reason and bases section say in your rating decision? Does it list all your symptoms? You can appeal if you feel you should have gotten a higher rating based on  your symptoms.

[Berta]

Did they rate the " chronic pain" with a percentage?

Did they give you any C ^& P exam for the anxiety depression?

Can you scan and attach here their decision to include the Evidence list?

Cover your C file #, name, address prior to scanning it.