The problem with this argument is that the DSM II diagnosis of asthenic personality is obsolete. Considering that the DSM II was replaced twenty nine years ago the VA should have been able to train their adjudicators on the fact that a DSM II has no value when determining the outcome of a claim. A competent adjudicator should be aware that current law requires that consideration be given to the DSM IV. When citing and giving weight to DSM II diagnoses it should be noted as obsolete in any reference to such diagnoses by an adjudicator. Failure to note that a DSM II diagnosis is obsolete gives a false prima fascia representation that denial of a current claim is some how justified by the presence of an obsolete diagnosis. The adjudicator’s reference indicating that weigh is given to the asthenic personality disorder and citing laws pertaining to personality disorders should be prohibited. This same situation could be considered gross incompetence or a misrepresentation of a material fact and could be considered fraud under civil law.
The mere fact that a veteran’s claim involves a DSM II diagnosis should be cause for reconsideration and a C&P for the purpose to resolve any potential diagnostic complications caused by changes in diagnostic criteria between the DSM II and the DSM IV. Such re-evaluation should be required in original claims and claims to re-open an old claim.
It is not a question of whether or not there is a corresponding diagnosis in the DSM IV that can be applied. The problem is that the entire diagnostic criteria changed. The DSM II used what is called a psychodynamic diagnostic criteria. The DSM IV uses a medical model for making diagnoses. The DSM II was considered problematic and resulted in a lack of consistence in the application of diagnoses.
Who does this involve? General Council, inspector general, congress. This BS needs to stop. If anyone has heard of any issues I addressed and what agency has been involved in anything like this let me know.
I am especially interested in compelling laws to schedule C&P exams to resolve the potential changes in diagnoses. I want to make such exams mandatory and not a choice when a veteran has both a post service diagnosis of any mental condition and an inservice mental condition that was diagnosed on any previous version of the DSM.
Question
Hoppy
I will be researching this problem. Any help will be appreciated.
The RO recently denied a claim and presented evidence against the claim that stated that the veteran had been diagnosed with a personality disorder and then cited 38 C.F.R. §§ 3.303©,Personality disorders are not diseases or injuries in the meaning of applicable legislation for disability compensation
purposes.
The problem with this argument is that the DSM II diagnosis of asthenic personality is obsolete. Considering that the DSM II was replaced twenty nine years ago the VA should have been able to train their adjudicators on the fact that a DSM II has no value when determining the outcome of a claim. A competent adjudicator should be aware that current law requires that consideration be given to the DSM IV. When citing and giving weight to DSM II diagnoses it should be noted as obsolete in any reference to such diagnoses by an adjudicator. Failure to note that a DSM II diagnosis is obsolete gives a false prima fascia representation that denial of a current claim is some how justified by the presence of an obsolete diagnosis. The adjudicator’s reference indicating that weigh is given to the asthenic personality disorder and citing laws pertaining to personality disorders should be prohibited. This same situation could be considered gross incompetence or a misrepresentation of a material fact and could be considered fraud under civil law.
The mere fact that a veteran’s claim involves a DSM II diagnosis should be cause for reconsideration and a C&P for the purpose to resolve any potential diagnostic complications caused by changes in diagnostic criteria between the DSM II and the DSM IV. Such re-evaluation should be required in original claims and claims to re-open an old claim.
It is not a question of whether or not there is a corresponding diagnosis in the DSM IV that can be applied. The problem is that the entire diagnostic criteria changed. The DSM II used what is called a psychodynamic diagnostic criteria. The DSM IV uses a medical model for making diagnoses. The DSM II was considered problematic and resulted in a lack of consistence in the application of diagnoses.
Who does this involve? General Council, inspector general, congress. This BS needs to stop. If anyone has heard of any issues I addressed and what agency has been involved in anything like this let me know.
I am especially interested in compelling laws to schedule C&P exams to resolve the potential changes in diagnoses. I want to make such exams mandatory and not a choice when a veteran has both a post service diagnosis of any mental condition and an inservice mental condition that was diagnosed on any previous version of the DSM.
Hoppy
100% for Angioedema with secondary conditions.
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