Comment On Newly Discovered Service Records

[deltaj]

Recently I read Garrett Hayre v. Togo West and noticed that in the decision the court stated that the 1972 decision was not final for purposes of direct appeal. I then thought about 38 CFR 3.156 ( c ) and 38 USC 5108. I think newly discovered service records would permit a veteran to request that V.A. reopen a denied claim based on newly discovered service medical records. Anyone else agree with me on this?

Edited April 28, 2010 by deltaj

[Commander Bob]

Assuming PTSD was diagnosed in service, it should be treated like any other condition diagnosed in service.

Thank you for your response and your time, however, PTSD was not recognized by the medical community

(DSM IV) until 1980. It would be impossible for a PTSD diagnoses in the 1960's.

Therein lies my question. There was no PTSD diagnosed in any Vietnam vets' records during the war, or for over a decade and a half afterwards.

Edited April 29, 2010 by Commander Bob

[JamesBreckenridge]

Thank you for your response and your time, however, PTSD was not recognized by the medical community

(DSM IV) until 1980. I would be impossible for a PTSD diagnoses in the 1960's.

Therein lies my question. There was no PTSD diagnosed in any Vietnam vets' records during the war, or for over a decade and a half afterwards.

True that. But we treat PTSD as a presumptive condition with no time limit. So even if there are no psych conditions of ANY sort in the service treatment records, there is still an avenue to grant service connection as long as the vet has a full-on DSM-IV diagnosis of PTSD, a confirmed inservice stressor, and a nexus statement linking the diagnosis to the stressor by the examiner.

"Nerves" or "anxiety" are sometimes noted in Vietnam era combat vet treatment records. A medical opinion that links the current diagnosis to those symptoms during service goes a long long way towards establishing service connection for just about any current mental diagnosis.

[hawkfire27]

My husband is thinking about challenging his PTSD rating back to service, No they didn't have PTSD, but they DID HAVE combat fatigue, shell shock, which wasn't diagnosed either, and they are two they did know about that they failed to diagnose. Medical journals frequently stated by numberous psychs that Combat Fatigue, Shell Shock, Soldier's Heart, and PTSD are all pretty much exactly the same thing.

So the trick is to get this recognised, and a failure to diagnose.

Hmmmmmmm you never know it might just work! :D

[Commander Bob]

My husband is thinking about challenging his PTSD rating back to service,...

JMHO ... Yes, 'hawkfire27', Your husband's PTSD rating should go back to service. That would only be fair.

However, back then, many times a PTSD type symptom would not be written down as an ailment in a military or VA medical record. During and after the Vietnam War, and for many generations before then, society believed that war had no lasting effect on those that bore the battle. War related stress disorders were considered merely manifestations of poor self discipline and / or personal cowardice. Some vets would have had a better chance of being reprimanded, than treated for a stress disorder. The doctors, caregivers and clerks were all ignorant of the condition, and treated the vets more like trouble makers and fakers. It was a source of shame for many combat vets with PTSD.

http://www.rense.com/general77/hdtage.htm

Edited April 29, 2010 by Commander Bob

[Pete53]

They also had Mental Conditions that are in the PTSD Family of co-morbid conditions. I still maintain that if a Veteran had symptoms and can get a MD to review and link it to service with a current diagnosis than they are in like Flynn

[deltaj]

The veteran should not be made to suffer due to the incompetence of the VA or DOD for not properly caring for, or reviewing the records... Old lost records are not new evidence. EED is in order. JMHO

I think that they can be considered new evidence on a denied claim under 38 USC 5108.