Claim For Pension / Compensation

[free_spirit_etc]

Since the VA went back to 1992 on your effective date - because of SMR's not being in your file in 1992 - it would look like they should go back to pre-1983.

I am not clear on why they are not going back to the date you filed the claim, where they found you were eligible for the non-service connected pension. That should now be considered a claim also for compensation for the anxiety / headaches (and the SMR's that weren't available in 1992 - weren't available back then either.

§3.151 Claims for disability benefits.

(a) General. A specific claim in the form prescribed by the Secretary must be filed in order for benefits to be paid to any individual under the laws administered by VA. (38 U.S.C. 5101(a)). A claim by a veteran for compensation may be considered to be a claim for pension; and a claim by a veteran for pension may be considered to be a claim for compensation. The greater benefit will be awarded, unless the claimant specifically elects the lesser benefit.

[Chuck75]

Let me add a question or two of my own.

Can a C&P be considered "medical treatment" for purposes of claiming harm under 1151?

Would an outside IMO help with such a claim?

Can such an event as a C&P aggravate existing PTSD?

I believe that most veterans that are considered "combat veterans" by award or law suffer to some degree from PTSD. The most obvious areas to me are relationships with other people, decision making in situations that do not have a clear cut answer, (esp while under stress) and occasional really odd dreams that are influenced by things that happened in Vietnam. The necessary review of my service records and generation of a summary of my vietnam service was in itself traumatic, in that it forced me to recall the events that caused virtually all of those that I bunked with to be killed.

I was transferred as an emergency replacement to a sister ship prior to the event, and thus was not present when the event occurred, or I'd likely not be here today. At the time of the assignment, I was really irritated about it, because the ship I was on was going back to Japan, and the ship I was assigned to was going back to Vietnam. (Two back to back Vietnam tours were the result.)

I kind of got what Carlie was saying (I think) that no matter what the VA does to you - that can't be considered a "stressor" that "caused" anything.

However, I sometimes wonder how much they hold the veteran's own functioning ability with THEM against the veteran in psych claims.

For instance, they may think if you build a good case, or create a strong argument -that means you can function well at work. Or if you are that smart, you must not be disabled.

That is a common misconception with many mental disorders, people think they HAVE to affect your intelligence to be considered "disabling." Not so.

You CAN be extremely intelligent AND have a disabling mental condition.

Free

[free_spirit_etc]

I am not sure of the C&P question. I think it should be, but I would imagine it would not be - because they are not "treating" you, they are merely examining you and writing an opinion.

But then, again, if they misdiagnose you - and cause you to not seek medical care or treatment for conditions they say you don't have - that could very well fall within the realm of negligence.

Except for the lung cancer C&P - I would have to say many of the C&Ps my husband got were pretty thorough and pretty intense. From the reports it looks like he did have some pretty good doctors on them sometimes.

However, the RO didn't go by the C&P's on some of them. The doctor clearly stated, he doesn't have ___, but his symptoms are caused by ___. And then they would cite his SMR's - to SHOW that it started in service.

The SOC would just tell my husband - the doctor reported you did not have ___(a) - and didn't even mention B.

I read a C&P guideline that said the doctors were not supposed to state their opinion on whether it was more likely than not connected to the service. It is more like they are supposed to use some secret code - so the RO will know they THOUGHT that - but they aren't supposed to come right out a SAY it - because, of course, lay people with little knowledge of medical conditions are supposed to determine that - NOT the doctors with a specialty in the field.

I can imagine that filing for PTSD would be a horrid experience. It would cause you to take all the stuff that happened, all the feelings, all the experiences, all the affects, into one coherent "whole" - that could be pretty overwhelming. To have to do that - and then have the VA blow it off with an "Oh well...." or suggest that you are lying, or disregard what you have said --that would be totally horrid.

Somewhat similar to women not reporting rape because of what they are put through when they report it...being victimized over and over and over again.

The VA likes to act like everyone just tries to claim PTSD - and that many of the claims shouldn't be taken seriously. However, I think it takes a very strong person to go through what they have to go through to claim it.

I wonder how many walking wounded are out there - carrying the burden of the invisible wounds with them every day. The VA, of all people, needs to learn how to "see" the invisible wounds.

Free

Let me add a question or two of my own.

Can a C&P be considered "medical treatment" for purposes of claiming harm under 1151?

Would an outside IMO help with such a claim?

Can such an event as a C&P aggravate existing PTSD?

I believe that most veterans that are considered "combat veterans" by award or law suffer to some degree from PTSD. The most obvious areas to me are relationships with other people, decision making in situations that do not have a clear cut answer, (esp while under stress) and occasional really odd dreams that are influenced by things that happened in Vietnam. The necessary review of my service records and generation of a summary of my vietnam service was in itself traumatic, in that it forced me to recall the events that caused virtually all of those that I bunked with to be killed.

I was transferred as an emergency replacement to a sister ship prior to the event, and thus was not present when the event occurred, or I'd likely not be here today. At the time of the assignment, I was really irritated about it, because the ship I was on was going back to Japan, and the ship I was assigned to was going back to Vietnam. (Two back to back Vietnam tours were the result.)