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.

[john999]

1994

How soon after discharge did you start getting treated for depression. What kind of discharge did you get? Were you treated for depression during service?

[1994andcouting.....]

1994

How soon after discharge did you start getting treated for depression. What kind of discharge did you get? Were you treated for depression during service?

John,

I received a general under honorable conditions due to a PD, I did not start getting treated until about 5 years after discharge because I didnt know that I could/should. I did not attend therapy in service but I was diagnosed in service. I was young and afraid and going against the grain due to the MST but I didnt know how to tell since he was a 'friend'. I just started acting out (suicide attempts, drinking, UA,verbal altercations, etc). Family, friends, ship mates, no one understood what was going on. I internalized it all. In the end I got a PD discharge and had NO IDEA what the heck was happening to me with that label.

[carlie]

1994,

If in your shoes I would probably try to get depression diagnoised

and a nexus to active duty - and get this SC'd.

jmho,

carlie

[1994andcouting.....]

1994,

If in your shoes I would probably try to get depression diagnoised

and a nexus to active duty - and get this SC'd.

jmho,

carlie

Carlie, I have been treated at the VA and private docs for it. My VA doc wrote the nexus letter saying just that in his opinion it is s/c. I hope his opinion sticks. ;)

[carlie]

1994,

As part of the nexus to active duty the doctor will

have to back up the Medical Opinion with Medical Rationale.

Example - What evidence shows why they believe it

is from active duty.

carlie

[1994andcouting.....]

1994,

As part of the nexus to active duty the doctor will

have to back up the Medical Opinion with Medical Rationale.

Example - What evidence shows why they believe it

is from active duty.

carlie

Carlie, The BVA already has the letter and its not that detailed. He just states in his all the conditions that he is treating me for and how he read my records and has been treating me for x amount of years and that my fibromyalgia and depression are service connected.

So if I get the claim back Im gonna have him write it and put all of that into it. ;)

Thanks

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