38 Cfr 3.303

[Rockhound]

I was going over once again the Reglation that the VARO Rater used to back his reason and bases for his decision. I don't think it has change much since 1974.

This is just a part of 38 3.303 (a) Principles relating to service connection.

Each disabling condition shown by a Veteran's service records, or for which he seeks a service connection, must be considered on the basis of the places, types and circumstances of his service as shown by service records, the official history of each orginization in which he served, his medical records and all pertinent medical and lay evidence.

How many Veterans have found any service records in their C-File? How many have found a historical list of his duty records, what bases or stations or ships they served at or on? Anyone ever see their personal evaluations reports in their C-File?

I was tagged with a PD diagnosis, yet my service record of good service, my achievements, the fact I was approved for re-enlistment and only awaiting match an advanced school for which I could qualify for. The fact I was one of two Petty Officers in my Dept. chosen to attend a special training school. It could list more, but none of these were considered when tagged me with a PD diagnosis. Add to this fact, I had not one disaplinary problem while in the service. If I had a PD, it had no effect on my ability to serve. and if it was the reason for my acute psychotic episode, then it cirtanly progresses faster than its normal progression.

Anyway, just thought it would make some interesting reading when you get those VACC or is it VCAA, (laps in memory, sorry)-- letter telling you they would try and get. If there is of file besides medical files that would help your claim, make sure they are found and made a part of your C-File and make sure they request Dr,s notes, sick call notes and any other records that the government might have that will help your claim or not. They may come in handy if a secondary issue should arise and having these records already located, will hopefully help things move along faster.

Rockhound Rider :P

Edited July 31, 2008 by Rockhound

[tssnave]

Rockhound,

When were you diagnosed with PD?

Have you overturned that diagnosis?

What has your mental health been like since the diagnosis? Do you have treatment records that would support your current mental health state?

Based on what I'm reading here PD is only one of many possible reasons for a psychotic break. Perhaps a good IMO from the forensic shrink that Josephine used would be able to review all the evidence of record and come up with another more appropriate diagnosis and then you could reopen your claim with new and material evidence not available during the previous rating.

http://www.psychnet-uk.com/dsm_iv/brief_ps...tic_episode.htm

I think it was either T-bird or Berta who said that the military was using the PD card as freely during Vietnam as they are now only now there is some light being shed on this practice so I think it is a good time for vets who may have been labeled inappropriately with PD in the past have a good chance of getting it overturned now.

Hope this helps,

TS Snave

Edited August 11, 2008 by tssnave