Was I 0% Service Connected In 1986 For Adjustment Disorder?

[blanco63]

I was discharged in 1983 for personality disorder and opened a claim that year for psychiatric disorder. The 2/28/86 decision states the following - Decision: Entitlement to service connection for a psychiatric condition is not warranted. Reason For Decision: Veteran is diagnosed with personality and subsequent adjustment disorder is not a disability which is compensable under the law as outlined by the 1945 Schedule for Rating Disabilities. In the beginning of this decision, it said number of sc disab - 0. I reopened claim on 5/23/00. Their 6/30/00 letter states - The claim for sc for a mental condition was rated 2/28/86. SMR's showed a personality disorder. VA exam in 5/85 showed an adjustment disorder. Neither of these are disabilities for which compensation is payable. So, was i rated 0% in 1986? If not, why wasn't i rated 0% or more in 2000 because adjustment dis had become payable in november 1996? What could i do now? Ask the VA, where's my rating or how about an increase more than my 0%? Cue time? No, it wasn't an error. Would it be called unintentional forgetfulness?

[carlie]

On my DD214, it states Other physical/mental condition - Personality Disorder

blanco,

Have you looked for and found a SPN Code on your DD214 ?

You would most likely be lookin for something like:

JFX

JMB

or the Number 480.

I suggest looking over your DD214 with an actual magnifying glass

as they kind of hid or slid in these codes.

Check for both Alphabetic and Numerical.

http://www.utahvva.org/documents/spn%20codes_alpha.htm

carlie

Edited January 21, 2010 by carlie
more info

[broncovet]

Blanco

Others may chime in, but it may not be a bad idea to go ahead and go with a "new claim", because, you can still go for an EED, possibly by "Cue"ing the 1986 decision, maybe even similar to what Josephine mentioned, AFTER You get SC'd.

Since you ARE on meds, at least one or more docs have diagnosed you with a mental disorder because they dont hand out those meds out to children when they run out of gumballs. If you have been on meds some time, and are still on them, then you meet the current condition and chronicity part. (They dont pay you for a mental problem if you get better and no longer need meds.)

I do think it is important to know if you were on meds back in 1986/2000. I dont think the VA can BS the judge into beleiving you have a 'personality disorder' but the doc is treating you for schizophrenia with meds for that.

Remember there is a difference between SYMPTOMS of a disease and a diagnosis. For example:

Your leg is blown off in Vietnam. There is NO doc around to make a docs diagnosis of a missing leg. However, you do have SYMPTOMS..you need to use a wheel chair, you cant walk on 2 legs, you cant run, etc, etc. So, you get back stateside, and your doc "connects the dots"...Gee it looks like that roadside bomb was most likely the cause of your leg that is missing. So, you could obviously get benefits back to the event that blew off your leg. (Remember, tho, you would still have to apply for benefits for that missing leg. No application for benefits..no money.)

In a similar way, if a current doc says you are on.....for schizophrenia, and notes that you have been on that med since 1986, then you can probably demonstrate chronicity as well as a current disability. This doc doesnt want his license taken away, so he put you on meds not because you had a personality disorder, but because he felt you were schizo. You dont get meds for personality disorders..the docs look in the DSM 4.(they probably have it memorized..we have to look it up) Then the raters have a schedule of rating criteria. Someone else can post the schedule for rating mental disorders. I would look at those and see how many you have, and which one you think describes you. They go from 0% 30% 70% and 100%. Most of the time your doc will assign you a Global Assessment of Functioning Score (GAF). Look on your medical notes and see what your GAF score is. The GAF numbers sometimes vary year by year or even month by month but they are a good guide as to how the doc thinks you are.

If your GAF score is below 60, then your doc thinks you have some serious issues. There is a Veterans benefits attorney who used to post here that said something like if your GAF is below 50, then he could probably get you 70% SC (assuming, of course, it is service connected). If your GAF is like 80 or above, then you are going to have trouble getting much compensation, if any at all, UNLESS you can get another doc to offer different GAF scores.

Edited January 22, 2010 by broncovet

[blanco63]

My DD214 just has the basic sep code of JFX for PD. After my 2 c and p exams in 1985, I didn't see the VA use PD much just their adjustment do so I would say that they changed it due to disagreeing with the Navy. That is part of the reason as to why I thought that I should be rated by VA for a new diagnosis(adj do) since it eventually became payable unlike PD. So, if i open a claim for bipolar do, the best way to go is a misdiagnosis letter instead of a nexus letter by my psych? I have no experience with misdiagnosis'. I got sc for migraines from a nexus letter to tension headaches. So what do i do next? forgot - current GAF is 40, average for 2009 was 45. I receive SSDI for sc migraines and bipolar disorder.

Edited January 22, 2010 by blanco63

[LarryJ]

My DD214 just has the basic sep code of JFX for PD. After my 2 c and p exams in 1985, I didn't see the VA use PD much just their adjustment do so I would say that they changed it due to disagreeing with the Navy. That is part of the reason as to why I thought that I should be rated by VA for a new diagnosis(adj do) since it eventually became payable unlike PD. So, if i open a claim for bipolar do, the best way to go is a misdiagnosis letter instead of a nexus letter by my psych? I have no experience with misdiagnosis'. I got sc for migraines from a nexus letter to tension headaches. So what do i do next? forgot - current GAF is 40, average for 2009 was 45. I receive SSDI for sc migraines and bipolar disorder.

If you have a psychiatrist that will give you a diagnosis of bi-polar disorder and state that he/she thinks "it is at least as likely as not" or "it is more than likely as not" or "it is" the same disability that was diagnosed as "personality disorder" at the time of your discharge and also diagnosed as "adjustment disorder" following your comp and pen exams in 1985. He/she could state that, as bi-polar has become more commonly recognized, the symptoms that you have suffered with since your enlistment and subsequent discharge are more likely than not, those of bi-polar disorder.

If you can get a statement like the above, from your psych doc, then I would file a NEW claim for bi-polar disorder, keeping in mind the various symptoms and the severity of those symptoms as related to the percentage of disability.

[blanco63]

Thanks a lot. That's what i'm going to do. My journey begins Feb 1st. :D

[cowgirl]

Few thoughts, what are you rated 50% for? when did that rating take place? do you have other mental health issues associated with bipolar such as depression, OCD or anything else? If you have been on meds for a while, have you other conditions because of them?

My thoughts its important to get a clear diagnosis of all associated conditions result of or related to disability conditions for discharge. The mental health rating doesn't seperate issues, but groups them together for a single rating.

Best to ya,

Cowgirl