HLR part 2
I have a previous post asking some questions in regard to an HLR I have scheduled (denied MDD secondary to tinnitus) Here I'm posting the actual denial I received. To me, it reads as if they aren't counting my claim as secondary, but rather as a primary condition?
I submitted a claim of MDD secondary to tinnitus and was denied. I filed an HLR (informal confernece next week) My denial letter states the following:
Service connection for depression (major depressive disorder) is denied since this condition neither occurred in nor was caused by service. (38 CFR 3.303, 38 CFR 3.304) In order to grant service connection based on military service, three elements must be met: (1) A current disability, (2) an event, injury, or disease in service, and (3) a link or nexus establishing that the current disability had its onset or inception in service. (38 CFR 3.303, 38 CFR 3.304) Your service treatment records do not contain complaints, treatment, or diagnosis for this condition. The evidence does not show an event, disease or injury in service. (38 CFR 3.303, 38 CFR 3.304) We did not find a link between your medical condition and military service. (38 CFR 3.303) Favorable Findings identified in this decision: You have been diagnosed with a disability. Your examination dated June 20, 2024, show a diagnosis of major depressive disorder, recurrent moderate with anxious distress. The claimed primary disability is service-connected. You are currently service connected for tinnitus.