Legal Question in Veterans Law in Illinois

Disability Claim for Depression

I have had my claim denied for depression. While serving in the military I had see a physician asst. for symptoms which were ongoing for a year and then was referred to Psyc where he diagnosed me with depression (single episode). One and a half years later after my discharge symptoms arose again and I have been battling them now going on 8 years. Depression stemmed from separation from my 2 girls after a nasty divorce. At the time they lived in Michigan and I was in Virginia. I tried to get a hardship discharge and the Navy denied the request. Do you feel that the Navy would be responsible for my depression upon the fact that they would not let me out of the service early? I have a letter from my current dr and also the c&p doctor who both claim its service connected. Your thoughts would be greatly appreciated.


Asked on 11/24/08, 1:49 pm

1 Answer from Attorneys
Jill Mitchell-Thein Heard & Smith, LLP

Re: Disability Claim for Depression

You were diagnosed in service and you still have it now. You have medical nexus opinions. You should be service connected. One would think it would be that simple, but as you well know, it isn't. I am curious as to their reasons for denial. Do they say you recovered from that one episode and that what occurred later is not related to it? That's one of their common arguments. Did you show any proof of continuity over the one and a half years? Any statements from family or friends that you showed symptoms of depression? I would need more details to see if I could help you further. Feel free to email me.

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Answered on 11/27/08, 2:52 pm


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