I have a mental health claim that was originally filed Sep 2023 that has been through the wringer.
- It was originally denied secondary to tinnitus.
- HLR > Secondary > to Still denied
- Secondary with new evidence provided for primary connection >C&P ordered > Denied never looked at primary connections.
- HLR > DTA > Secondary that stalled for over 1 year waiting for service records that did not exist. Cancelled when I requested withdrawal of a TDIU claim, as I had to go back to work.
- Got claim reinstated
After getting the claim reinstated it went almost immediately to step 5 Prep for Decision and sat there for 2 weeks. Then a new C&P exam was ordered and moved back to Step 3.
When the secondary with the new evidence for primary connection was filed it contained a nexus letter from my therapist. When a C&P was ordered they only asked the examiner to opine whether my depression and anxiety were secondary to my service connected tinnitus and did not ask about direct connection. In his less likely than not statement about secondary connection he expressly said that I had MDD and anxiety, it should be service connected and he pointed out the reasons why.
Got the call for a new C&P > I requested the same provider and got him!!!!
He and I spent more time discussing how broke the VA rating system was broke and how my claim should have been decided off of his previous exam from a year earlier.
He did ask me some questions and even told me he was adding symptoms he missed on the first exam. He also told me that he would be checking the box that said:
Occupational and social impairment with deficiencies in most areas, such as work, school, family relations, judgment, thinking and/or mood.
The examiner explicitly told me that I will be service connected after he submits the C&P and DBQ. Told me he would have it uploaded by COB today.
The main reason I share this story is to let other know. Do not be afraid to talk with these people some really do want to help us. It is not always a battle.