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Sec. 4.129 Mental Disorders Due To Traumatic Stress.

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Guest allanopie
http://frwebgate.access.gpo.gov/cgi-bin/ge...=2001&TYPE=TEXT [Code of Federal Regulations][Title 38, Volume 1][Revised as of July 1, 2001]From the U.S. Government Printing Office via GPO Access[CITE: 38CFR4.129] [Page 419] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 4--SCHEDULE FOR RATING DISABILITIES--Table of Contents Subpart B--Disability Ratings Sec. 4.129 Mental disorders due to traumatic stress. When a mental disorder that develops in service as a result of a highly stressful event is severe enough to bring about the veteran's release from active military service, the rating agency shall assign an evaluation of not less than 50 percent and schedule an examination within the six month period following the veteran's discharge to determine whether a change in evaluation is warranted. (Authority: 38 U.S.C. 1155) [61 FR 52700, Oct. 8, 1996]
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YA, RIGHT! size]

You can probably count the number of times the VARO applied this regulation to those being discharged from the service with a mental disorder.

My case in point, why wasn't this regulation used to evaluate my mental disorder, instead of planting a personality disorder around my neck and out right denying my right to benefits?

Maybe if I win, I can use this to figure into my back pay, LOL, that will be the day!

Jim S. :)

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The language of the regulation implies that the military must conceed that the condition was PTSD. If I remember your case correctly the military did just that, but the VA changed the disorder after the fact. You may have a reason for a CUE if that is the case, but it would depend on several factors surrounding your diagnosis, discharge and when the VA got involved.....

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You have just got to get an IMO to rebutt the VA personality disorder diagnosis. I don't think there is another way without waiting years. Save you pennies or whatever you have to do to get the exam.

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