ptsd Discharged For Ptsd Question

[Philip Rogers]

I seem to recall that anyone discharged, for PTSD, is supposed to get either 50% or 100%, SC comp, for six months. I think it's 100% but can't find the rule. Anyone seen this??? Thanks!

pr

[Berta]

"§ 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]

[purple]

that may be the written regs....but trust me, they have ways around this. i was discharged for the exact same thing and initially only received a rating of 10% just so they (the military) wouldn't have to retire me vs the discharge me. it wasn't until years later that i was able to get the 100% IU P&T.

as always.....they can do what they want to screw the vet.

[Philip Rogers]

"§ 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]

Thanks, Berta, that's what I was looking for! Guess I was wrong, on the 100%.

pr

[SouthernBelle]

That is the reg I used .

[john999]

During Vietnam what was the equivalent diagnosis for a PTSD discharge? Was it acute combat fatigue, shell shocked, or chronic anxiety disorder or what? I know a lot of vets were just thrown out for personality disorders instead of PTSD because of drinking, drugging and discipline problems. Since there was no PTSD diagnosis these symptoms were just considered behavior disorders. Combat fatigue is the 1000 yard stare and being catatonic.

[Wings]

I seem to recall that anyone discharged, for PTSD, is supposed to get either 50% or 100%, SC comp, for six months. I think it's 100% but can't find the rule. Anyone seen this??? Thanks!

pr

PR, The regulation Berta posted, 4.129 is from 1996.

Another angle is the "presumption for pychosis".

Also reccomend reading

United States Court of Appeals for the Federal Circuit

2007-7071

ROBERT L. MCGEE,

Claimant-Appellant,

v.

JAMES B. PEAKE, M.D., Secretary of Veterans Affairs,

Respondent-Appellee