Legal Question in Veterans Law in West Virginia

Re: Follow-up, Major Depressive Disorder

In my experience, after you get one denial, your odds of a DRO reversing the prior decision drop to less than a 50% chance. Most DRO decisions I have seen over the years are basically rubber-stamps on the original rating decision---unless you submitted more persuasive evidence between the first decision and the DRO review. Your odds also depend on what the first denial was based on. I am betting they based it on not enough proof that it was ongoing, or that it was due to other factors. If you are trying to show chronicity over a large number of years, without enough medical records, you will have a hard time getting there. It looks like all you are arguing is that it began in service and remained chronic. Have you also argued that even if they believe it has not been chronic, that your current symptoms arise directly from some event in service? In other words, you don't necessarily need to prove chronicity if the psychiatrist or psychologist believes that your current diagnosis is a result of some mental or emotional trauma in service. Of course, if there's no proof of any event(s) in service, you are probably stuck with the argument you have.

I always tell my clients to cross their fingers and say some prayers. Sometimes they surprise us and get it right.

Good luck.