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Guideline For A 1151 Claim?

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Guest Jim S.

Question

Does the failure by the VAMC Primary Care Dr. and/or Psychiatrist, to test and evaluate the Veteran's history of a mental disorder during service and/or if it may have some bearing on their current diagnoses of an associated mental disorders and/or conditions, rise to the level of a 1151 claim for failing to address the in service diagnosis for treatment and/or how it may bear on the effect and/or treatment of the current diagnosed mental disorder?

I have repeatedly asked to be evaluated for my inservice diagnosis of an acute schizophrenic episode, to determine it's state of remission and or how it may have some bearing on my current diagnosis, but I am rebuffed each time that they are only interested in treating me for my current diagnosis.

Must the Veteran exibit the extreme symptoms of his mental disorder, in order for the VAMC Dr's and/or Psychiatrist's to take notice and do something to help the Veteran cope with the total picture, of his mental disorder?

Jim S. B)

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Carrie- that was quite a good assessment of 1151 claims!

glad you explained the offset-

Also Sec 1151 claimants can get SMC if appropriate-under 1151, but this is still an "as if" claim-

what bothers me is that I believe they combine the SC with the Sec 1151 to arrive at a comp figure-but I heard of a 100% vet who gets additional check for Sec 1151 disability.

When my claim is resolved I too will understand that part better-

Sec 1151 surviving spouses are not eligible for CHAMPVA, Chap 35, Home Mortgage Certificate,

and many other ancilliary benefits -under Sec 1151 deaths.

If the vet was direct SC 100% P & T before their Sec 1151 death -then the spouse would be eligible for CHAMPVA and Chap 35.

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Berta, When the two of us get our claims approved, we will have a lot of information to add to HADIT. It looks like you, Carrie, and myself are all playing the waiting game at this point.

Today I go into a orthopod to have the back checked out further and may get some PT added. Physical therapy here is the jungles of Colombia is really hard.. Most assuredly.. not available and cannot leave the farm unattended.

Oh yes FYI, I am currently 100% NSC with AA and that was granted because of a Misdiagnosis of MS rather than Infectious Encephalomyelitis which is the real problem. It will be interesting to see how they work out the conversion to 1151 100% with the SMC attached. That will happen hopefully in my lifetime. if not then in my wife´s lifetime as she saved my butt bigtime bringing me here to get the IV antibiotics.

Hugs to my Hadit "accomplices,"

We will win this fight!

Josh

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