Jump to content
VA Disability Community via Hadit.com

 Ask Your VA Claims Question  

 Read Current Posts 

  Read Disability Claims Articles 
View All Forums | Chats and Other Events | Donate | Blogs | New Users |  Search  | Rules 

KaylaC

Seaman
  • Posts

    6
  • Joined

  • Last visited

About KaylaC

Previous Fields

  • Service Connected Disability
    100%
  • Branch of Service
    US Army

Recent Profile Visitors

The recent visitors block is disabled and is not being shown to other users.

KaylaC's Achievements

  1. Everyone views this in a slightly different way, however, the simple answer (and truth) is you do NOT have to seek treatment for your condition to be service connected. There are many scenarios in which you would need to, like sleep apnea, but for this particular veteran (jwesley)- no, he does not. His treatment for anger would be sufficient evidence for his entitlement to an exam, which would be a mental exam. Again, every case is different but in response to THIS (jwesley) question.. he can file his claim and, as long as his records state treatment for his anger, he will get an exam. That exam will state which disorder, if any, that he does have. That will be used as his requirement for a "current diagnosis." andyman- good luck!
  2. More than half of the claims received do not have a current diagnosis from any doctor (private or government) and are still service connected. This is because the examination provides the diagnosis. PTSD is an excellent example- it is actually very uncommon than not (on the VA side) for a veteran to file a claim and already have a diagnosis. To top that even more, if a veteran is already service connected for another condition (not mental) and they claim they now have depression due to their service connected disability (VA term "secondary"), no current diagnosis is ever required up front. The VA does order a medical opinion, asking if the two disabilities are linked. There are so many regulations to read and it can be very confusing to the veteran. I do not discourage any veteran not to file their claim, just because their condition isn't on paper (like jwesley) because the standards are very relaxed at the moment. The VA has a duty to assist the veteran in helping prove his/her claim but, unfortunately, not all employees of the VA are alike and a very large number of them don't actually know how to preform their job. It's a lot of information and so many loopholes.
  3. I believe the "current diagnosis" requirement confuses many people. When the VA orders an exam, that is used as a current diagnosis. So the veteran really only has to prove one thing- that it happened in service. For example, if a veteran claims depression (or PTSD, a leg condition, or anything else..) and there is evidence of the claimed condition in his/her service treatment records, the exam is ordered. The doctor's opinion (nexus) along with the examination results (current diagnosis) are what ultimately gets the condition service connected. It doesn't matter how many records or statements a person sends, the exam (DBQ) is 99.999999% of the time what the rating decision is generated from. There are check boxes on these questionnaires that correspond verbatim to the rating schedule. Therefore, this is an easy way for any veteran already in the claim process to determine which condition(s) the VA is considering to grant service connection- which exam they send you to.
  4. He doesn't need to be examined by a VA mental clinic before filing a claim. However, all of this is correct if he chooses to have a private doctor complete a DBQ (most VA doctors won't complete the questionnaires unless requested by the VBA). When the VA orders an exam, all of this is requested.
  5. You do not have to see a counselor to have your condition service connected. If you were treated for anything mental related in service, then just claim "mental condition" when you submit your claim. The VA will request your medical records but mental treatment may not be included, so make sure you specify where you were treated in case further development is required. If any trace of a mental disorder is found within your records, the VA will schedule you for an exam. A copy of this exam and all questions they will ask can be found on the VA's website, labeled as "DBQ" or "Disability Benefits Questionnaire". They will usually ask the examining physician to provide a medical opinion as to whether or not they believe your mental condition is related to service. You can even have a personal psychiatrist/psychologist complete this questionnaire, HOWEVER, they should also specify if the condition is related to your military service. All mental conditions, to include PTSD, have the same symptoms listed on the exams (which is a major part of how your rating % is determined). So, it won't matter if the physician states you have depression, anxiety, or some other condition. By claiming "mental condition" you are preventing the VA from being "black and white" and potentially denying the claim based on lack of a specific diagnosis of depression within your records. Claims with 1 or 2 disabilities only will also be processed faster, in most cases.
  6. There is a catch- if you are claiming PTSD due to combat and have a combat badge, DD 214 shows a deployment to hazard zone, and such.. then you can skip right through all of these questions on eBenefits, if filing online. If filing by paper, you do not need to submit a VA Form 21-0781 if you meet the above criteria. Some veterans just claim PTSD and do not specify whether or not it was related to combat, which can cause the VA to request the specific information on a 21-0781 or 21-0781a. Here is the manual that the VA follows in regard to PTSD claims: M21-1, Part IV, Subpart ii, Chapter 1, Section D - Claims for Service Connection for Post-Traumatic Stress Disorder (PTSD)
×
×
  • Create New...

Important Information

Guidelines and Terms of Use