Open Claim On Inital Visit To Vamc After Discharge

[1994andcouting.....]

I was reading this reg and it made me think of something I heard early on:

§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)

[53 FR 23, Jan. 4, 1988, as amended at 61 FR 52700, Oct. 8, 1996]

I was thinking back to my initial visit after discharge back in 1994 to the VAMC. When I went there to get information in order to file my VA claim, I was told by the clerk that I already had an 'open claim'. ;) I was given a discharge due to a PD so I know that I wasnt rated but Im curious to know what that could have meant.

Does anyone know what he may have meant by that? Which government agency could I write to find out if I actually had an 'open claim' before I actually started the paperwork or what should I look for in my records (a code? Terminilogy,etc) that would show this?

Any help is greatly appreciated.

[purple]

Yes, this is probably true; however the military seems to apply this rule only when they want to. This was the case with my discharge. Since I had just under 12 years active duty time....and had been placed on TDRL for 18 months if the military would have applied this rule to me (which they initially did); they would have had to retire me vs give me the medical discharge they did.

Obviously it's cheaper for them to discharge someone than to retire them....so right before I was booted out....they did one more "exam" and determined I was suddenly better, dropped my rating to 10% yet still said I had to be medically discharged. Oh yes....it happened. This is why I fought it clear to the Secretary of the Air Force with my argument being if I was suddenly better, why was I still being discharged? Didn't matter....I was out the door.

This was an open claim (I didn't know it at the time) and once I was discharged, the rating mysteriously went back up to 30%. Later on I submitted my papers and got the 100%.

It still angers me to no end...and always will, that the military screwed me out of the retirement that I was due. Like being victimized all over again.

[1994andcouting.....]

Yes, this is probably true; however the military seems to apply this rule only when they want to. This was the case with my discharge. Since I had just under 12 years active duty time....and had been placed on TDRL for 18 months if the military would have applied this rule to me (which they initially did); they would have had to retire me vs give me the medical discharge they did.

Obviously it's cheaper for them to discharge someone than to retire them....so right before I was booted out....they did one more "exam" and determined I was suddenly better, dropped my rating to 10% yet still said I had to be medically discharged. Oh yes....it happened. This is why I fought it clear to the Secretary of the Air Force with my argument being if I was suddenly better, why was I still being discharged? Didn't matter....I was out the door.

This was an open claim (I didn't know it at the time) and once I was discharged, the rating mysteriously went back up to 30%. Later on I submitted my papers and got the 100%.

It still angers me to no end...and always will, that the military screwed me out of the retirement that I was due. Like being victimized all over again.

Purple, thanks for your response. I am so sorry about what happened to you. It amazes me every time I hear (read) these stories. I hope one day I will be able to help someone who has gone through what I have gone through.

I have always held that comment (you already have an 'open claim') in the back of my mind. Back then I surely didnt know what the heck I was doing, so it kinda went in one ear and out the other. However as I get more info I keep coming back to that statement. Its funny how I dont remember much short term but I can think of something so small at times that may actually mean something. This being one of them.

Funny thing is a worker at the unemployment office is the first person to tell me to go and file. I did it not knowing that I couldnt get rated based upon the PD. But as time went on and I learned more and got my hands on more records, everything else kind of fell into place.

I guess I will go back to "Googling" ;) and see what I can come up with. :-)

Thanks again.....

[carlie]

1994,

You posted,

" I did it not knowing that I couldnt get rated based upon the PD."

How are you going about getting rated SC for your PD ?

carlie

[Josephine]

1994,

What medical info did the Psychiatrist use to give you the PD Discharge?

Did they give you any test to see if in fact you did have a Personality Disorder? Usually they do not, if they did not.

If you could have your doctor state this:

My review of the records show no documentation which would support the diagnosis of Personality Disorder.

There simply are no data which would support that diagnosis under the criteria provided in the Diagnostic and Stastical Manual of the American Psychiatric Association.

No psychological or personality testing was done.

There was never any showing of an " enduring pattern of inner experience and behavior that deviates markedly from the expectations of the individual's culture... is inflexible and pervasive across a broad range of personal and social situations... is stable and of long duration... (and) is not better accounted for as a manifestation or consequence of another mental disorder." DSM IV TR, pages 287 - 288.

The " other mental disorder" which she clearly *DID* and *DOES *have, and for which she has been treated for xx years, is *------. *

The veteran had no childhood psychiatric, difficulties or treatment, Her xxxx disorder began during her time in service.

She has been treated for xxxxxxx for xxxx years by a number of physicians.

Betty

Edited December 9, 2008 by Josephine

[1994andcouting.....]

1994,

You posted,

" I did it not knowing that I couldnt get rated based upon the PD."

How are you going about getting rated SC for your PD ?

carlie

Carlie,

I was discharged due to a PD however I am being treated for depression, since the service, the hard part is getting it S/C'd.

Right now, I am just trying to do some leg work in case I am denied again, that way I will know how to proceed.

[1994andcouting.....]

1994,

What medical info did the Psychiatrist use to give you the PD Discharge?

Did they give you any test to see if in fact you did have a Personality Disorder? Usually they do not, if they did not.

If you could have your doctor state this:

My review of the records show no documentation which would support the diagnosis of Personality Disorder.

There simply are no data which would support that diagnosis under the criteria provided in the Diagnostic and Stastical Manual of the American Psychiatric Association.

No psychological or personality testing was done.

There was never any showing of an " enduring pattern of inner experience and behavior that deviates markedly from the expectations of the individual's culture... is inflexible and pervasive across a broad range of personal and social situations... is stable and of long duration... (and) is not better accounted for as a manifestation or consequence of another mental disorder." DSM IV TR, pages 287 - 288.

The " other mental disorder" which she clearly *DID* and *DOES *have, and for which she has been treated for xx years, is *------. *

The veteran had no childhood psychiatric, difficulties or treatment, Her xxxx disorder began during her time in service.

She has been treated for xxxxxxx for xxxx years by a number of physicians.

Betty

Betty, I have NO Idea what these people used and that is what bothers me so much. I mean yes things happened, but now that I know more about PTSD and MST my actions at the time SCREAM the two. I guess it was easier for them to 'label' me and get me off their hands than to actually get a good diagnosis. Which in turn made me ignore all my 'stuff' until the past year or so.

MY VA Dr. has written a letter on my behalf supporting my claim. I love the wording here as it is exactly what I was thinking, just didnt know how to word it. I sure wish I had this information before he wrote that letter. IF I have to go back and start over I am going to use this. Thanks so much for your help Betty. ;)

Edited December 9, 2008 by 1994andcouting.....