Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Josephine!

Rate this question


free_spirit_etc

Question

OMG! Recently I told you it shouldn't matter if they label your condition a personality disorder - because you should be allowed the presumption of soundness and the presumption of aggravation.

CHECK THAT OUT VERY THROUGHLY!!!

I ran across this when I was looking up ratings. It looks as though they DO NOT give compensation for personality disorders UNLESS you can show they were CAUSED by a service connected disease or injury. So it doesn't look like they grant the presumption of soundness or aggravation IF your DIAGNOSIS is a personality disorder. And I doubt they will say an in service injury CAUSED a personality disorder. And it doesn't look like they grant benefits for aggravation on them.

Basically, I am not certain what I am talking about - so check it out. But I just wanted to give you a heads up to watch out for this.

§ 4.127 Mental retardation and personality disorders.

Mental retardation and personality disorders are not diseases or injuries for compensation purposes, and, except as provided in §3.310(a) of this chapter, disability resulting from them may not be service-connected. However, disability resulting from a mental disorder that is superimposed upon mental retardation or a personality disorder may be service-connected.

§3.310 Disabilities that are proximately due to, or aggravated by, service-connected disease

or injury.

(a) General. Except as provided in §3.300©, disability which is proximately due to or the result of a service-connected disease or injury shall be service connected. When service connection is thus established for a secondary condition, the secondary condition shall be considered a part of the original condition.

FREE

Think Outside the Box!
Link to comment
Share on other sites

  • Answers 9
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

Recommended Posts

  • HadIt.com Elder

Free,

I am not sure which doctor the VA would believe.

I was sent for a second C&P only after receving the favorable decision fromt the first C&P and this being only 5 months later.

I don't see how these two quacks can get by with their write up " appears her primary symptoms are those of a "Personality Disorder".

Does anyone on Hadit believe that this would be acceptable by any other doctor. To me " Appears" shows some "doubt".

I would believe this if they had not given me an Axis I - Anxiety not otherwise specified.

I believe that I was sent there for the sole reason to get rid of me and it didn't work.

I feel that when a doctor has to change the wording of your medical records to make things appear something that they are not is criminal.

In the end when this is over, I am going to the State License Board and see what can be done about this.

I think that The Appeals Managment Center rating Speciaist will make there decision soon and then we will see where this takes me.

The only thing that I might do different now at age 62 versus 19 is knock the Sxxx out of that doctor in service.

Then they could have court martial me and discharged me anyway.

Thanks a bunch,

Josephine

Link to comment
Share on other sites

I would feel like smacking someone around myself.

I encourage you to keep fighting the PD diagnosis. If you have been getting treatment all these years and never had that diagnosis before - it is very odd that at 62 a doctor can slap that label on you.

One of the primary complaints that people have of people with Borderline Personality Disorder is the person with BPD doesn't ever think anything is wrong with THEM. They always think something is wrong with EVERYONE ELSE. Yet, you keep telling everyone that something is wrong with YOU.

The doctor who gave you the diagnosis might be basing it on HIS opinion that the "stressors" you experienced in the service weren't "significant" enough in his mind to create and anxiety disorder. But it doesn't seem like you have that much documentation in your service records for him to validly base that conclusion in 40 years later.

So I would keep fighting it - especially as the first C&P and your treating physician's reports are favorable to you. Technically, I can't see the evidence being in equipose - based on the report of one doctor. It still seems that the weight of the evidence should be in your favor. THough I think you woud have to fight for it.

If he gave you the NEW diagnosis without so much as performing tests that are standards of practice for diagnosing personality disorders - I would point that out.

Free

Free,

I am not sure which doctor the VA would believe.

I was sent for a second C&P only after receving the favorable decision fromt the first C&P and this being only 5 months later.

I don't see how these two quacks can get by with their write up " appears her primary symptoms are those of a "Personality Disorder".

Does anyone on Hadit believe that this would be acceptable by any other doctor. To me " Appears" shows some "doubt".

I would believe this if they had not given me an Axis I - Anxiety not otherwise specified.

I believe that I was sent there for the sole reason to get rid of me and it didn't work.

I feel that when a doctor has to change the wording of your medical records to make things appear something that they are not is criminal.

In the end when this is over, I am going to the State License Board and see what can be done about this.

I think that The Appeals Managment Center rating Speciaist will make there decision soon and then we will see where this takes me.

The only thing that I might do different now at age 62 versus 19 is knock the Sxxx out of that doctor in service.

Then they could have court martial me and discharged me anyway.

Thanks a bunch,

Josephine

Think Outside the Box!
Link to comment
Share on other sites

  • HadIt.com Elder

Free,

I have made sure the The BVA and The Appeals Management Center, by what I understand by the Code of Reguations , cannot place a "Personality Disorder" on me without performing any psycholgical testing.

I have made sure that they are aware that I am not a veteran just out of service and that I have lived a life of fear with the illness of nervousness, anxiety and depression and treated for such since I was 19 years of age.

Between near drowning in their darn pool at boot camp and then going from there to that duty station in D.C and being cussed at each day by doctors and being jerked by the neck until I wet all over my.

When I couldn't take any more, I put in a request for a transfer to another duty station and that particular paper finally surfaced also after 40 some years. It was in my Personnel Records in the Archives, but then again, no one bothered to secure those records.

When my transfer did not come soon enough, I went to Dr. C for help with the meds and to help me with an early discharge.

It took me 40 years to locate those psychiatric records and neither of the two Board Certified Psychiatrist stated that I had a " Personality Disorder".

They both stated that I was in consultation for " Nervousnes", " Headaches", and " Irratability". This veteran is dis-satisfied with working conditions and living in the barracks.

The second Psychiatrist recommended the early discharge by reasons of " Unsuitability".

My first C&P was held by a doctor of the highest integrity. He did not compromise his profession to please the VA. He told it the way it was.

That second C&P was no more than a " Mockery". I am not a " Cutter". I do not have an " Eating Disorder", I do not " Beat my husband", and I certainly do not have " Three Children". I have " Two Daughters".

That last C&P will haunt me till I die, for I was either given drugs or something in that room. There is some reason that those two took me down this long corridor and would not allow my husband to be present.

There is a reason that I had to see the nurse on duty " Immediately" after that C&P for I could not remember anything.

There has to be a reason " Why the Nurse called the next day at my " Home" to see if I was doing better.

Something does not add up here.

I still only remember bits an pieces. I certainly remember seeing myself saying to the two of them, " You may think that I do not know who you are, but you are doctors for the Veterans Administration.

I know that I sound like some idiot ready for the " Looney Bin", but the truth is that I am not.

I saw a Board Certified Psychiatrist 5 weeks after that C&P and did not tell him of this examination.

I did not turn in his evaluation of me, as he would not write down that he had my SMR"S, being that I gave them to him and not the VA.

He gave me an Axis 1 - Generalized Anxiety

Axis 2 -

Axis 4 Events are extemely vivid to her after 43 years

GAf 65

I cannot tell with any certainty if this veterans anxiety began in service being that it has been so many years since her discharge. It is quite possible that she suffers from PTSD due to the " Fear of Death of Drowning in the Swimming Pool".

I will continue to fight those two.

Thanks,

Josephine

Edited by Josephine
Link to comment
Share on other sites

Guest
This topic is now closed to further replies.


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • jERRYMCK earned a badge
      Week One Done
    • KMac1181 went up a rank
      Rookie
    • Lebro earned a badge
      First Post
    • stuart55 earned a badge
      Week One Done
    • stuart55 earned a badge
      One Month Later
  • Our picks

    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
    • Welcome to hadit!  

          There are certain rules about community care reimbursement, and I have no idea if you met them or not.  Try reading this:

      https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/

         However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.  

         When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait!  Is this money from disability compensation, or did you earn it working at a regular job?"  Not once.  Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.  

          However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.  

      That rumor is false but I do hear people tell Veterans that a lot.  There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.  

      Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.  

          Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:

      https://www.law.cornell.edu/cfr/text/38/3.344

       
    • Good question.   

          Maybe I can clear it up.  

          The spouse is eligible for DIC if you die of a SC condition OR any condition if you are P and T for 10 years or more.  (my paraphrase).  

      More here:

      Source:

      https://www.va.gov/disability/dependency-indemnity-compensation/

      NOTE:   TO PROVE CAUSE OF DEATH WILL LIKELY REQUIRE AN AUTOPSY.  This means if you die of a SC condtion, your spouse would need to do an autopsy to prove cause of death to be from a SC condtiond.    If you were P and T for 10 full years, then the cause of death may not matter so much. 
×
×
  • Create New...

Important Information

Guidelines and Terms of Use