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M21-1 Mr, Part Iii, Subpart Iv, Section H


Guest Jim S.

Question

a. Considering a Change in the Diagnosis of a Psychiatric Disorder.

If the diagnosis of a psychiatric condition is changed, return the examination and any appropreate records to the examiner to determine whether the new diagnosis represents:

Progression of the prior disorder

Correction of an error in the prior diagnosis, or

Development of a new and separate condition.

Reference: For more information on the diagnosis of mental disorders, see 38 CFR 4.125 Diagnosis of a Mental disorder.

If the VARO is held to this, then I see no way that they can deny my claim for an Acute Schizophrenic Episode, in remission, demonstrating moderate impairment for future social and industrial adaptability, associated depression, anxiety and residual of a cerebral concussion and fractured nasal bone. Even if they do not find me schizophreic at this time or within the presuptive period after discharge, they should have at least service connected it at 0%.

Since the VA examiner did not find the diagnosis as in error and the opinion he offered six months later does not certify that it was and that his opinion was the correct one. Then the VARO must either find the original diagnosis as correct and service connected, even at 0% or they must return the examination as unaccepteble for rating purposes and/or clarification by the examiner.

The only problem with this senarial is that it is now 31+ yrs later and the examiner is no longer practicing medicine.

Does this mean that they will conduct a new C&P or ask for a medical opinion of the records at the time, to correct their error? How do they go about correcting this type of error, with so much time having passed by? and how do they evaluate for those secondary issues, that they failed to evaluate at the time of the orignal claim because of their error? B)

Jim S.

Edited by Jim S.
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