Legal Question in Veterans Law in West Virginia

Service Connected Disability for Depression

I have had a clarm for service connected disability for major depressive disorder. I was diagnosed while on active duty and discharged for the condition. However, MY D214 doesn't say medical but it does say physical condition not a disability. First dagnoses was in 2000, Discharged in 2001, and currently under doctor's care for Depression. My mother states that she has seen the depression in me ever since Basic Training, My brother ever since return from service, two friends that knew me before service and after see depression ever since discharge. My wife has seen depression in me for the past 3 years, length that she as known me. C&P opion ''patient was treated and recovered from service depression and this new episode is not connected.'' I show signs of chronic depression (dysthymia). ? I am going to appeal the denial, what would be my best approach?


Asked on 12/14/08, 9:43 am

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

Re: Service Connected Disability for Depression

Just be sure to keep appealing--don't lose your original effective date. Did you file statements from all the family members? Do you have (or can you get) any other private medical opinions? The best thing would be for a private doc to review your service medical and connect the service condition to the current one. I think you have a good chance here seeing as how the time frame is so short since you were first diagnosed. Good luck and feel free to email me with any further questions.

Read more
Answered on 12/15/08, 9:01 am


Related Questions & Answers

More Veterans Law questions and answers in West Virginia