Mental Retardation And/or Developmental Delay Rvn Vet Needs Help

[tssnave]

Need ideas - with supporting citations to M21-1MR, CFR, and court cases - concerning Presumption of Soundness for Duty or any other avenue to help a boots in country, non combatant, honorably discharged, unmarried RVN vet who is mentally retarded and/or developmentally delayed get access to VA healthcare. He has no other mental illness dx or physical disability dx. He hasn’t worked for years due to his mental illness and he is not currently using any VA services.

- I know he can get access to VA healthcare based on low income but he’d be a Category 8 vet so we all know he’d go to the back of the line.

- He should be eligible for a VA pension but hasn’t applied.

- However, if he’s eligible, disability would be the best way to go but other than a possible argument based on the Presumption of Soundness I don’t know of an avenue to use and I doubt, without another mental illness dx, that he could successfully argue Soundness (even though he was able to serve out his hitch).

1. Could he, with a strong IMO, mount a successful argument that his time in the military aggravated his mental retardation?

2. Are there any court cases where a vet has been successful in getting disability when mental retardation was present but not noted in his SMRs and is still present without any other mental illness dx?

3. Any other avenue of approach to try in this case?

Thanks,

TS Snave

[tssnave]

Thanks for the replies - this guy was a cook in RVN. Served his time and got out and hasn't been able to hold a job since.

He is applying for SS after all these years because his family may no longer be able to take care of him.

It is my understanding that he does not have any other mi which may be due, at least in part, to his retardation (you'd have to have enough awareness and understanding of the situation to develop anxiety or PTSD, etc).

I will continue to encourage the family to get him enrolled in VA healthcare as well as apply for a VA pension.

If there are any other suggestions, I'll pass them along.

Thanks again for all the help,

TS

[deltaj]

Need ideas - with supporting citations to M21-1MR, CFR, and court cases - concerning Presumption of Soundness for Duty or any other avenue to help a boots in country, non combatant, honorably discharged, unmarried RVN vet who is mentally retarded and/or developmentally delayed get access to VA healthcare. He has no other mental illness dx or physical disability dx. He hasn’t worked for years due to his mental illness and he is not currently using any VA services.

- I know he can get access to VA healthcare based on low income but he’d be a Category 8 vet so we all know he’d go to the back of the line.

- He should be eligible for a VA pension but hasn’t applied.

- However, if he’s eligible, disability would be the best way to go but other than a possible argument based on the Presumption of Soundness I don’t know of an avenue to use and I doubt, without another mental illness dx, that he could successfully argue Soundness (even though he was able to serve out his hitch).

1. Could he, with a strong IMO, mount a successful argument that his time in the military aggravated his mental retardation?

2. Are there any court cases where a vet has been successful in getting disability when mental retardation was present but not noted in his SMRs and is still present without any other mental illness dx?

3. Any other avenue of approach to try in this case?

Thanks,

TS Snave

My suggestion is that you look into this veteran's eligibility for non service connected disability pension. Also make sure you request a copy of all of this veteran's service records to make sure there are no other conditions he could claim service connection for.