Should I File

[20yrserviceconnected]

My Story:

I have been service connected since my discharge from the Army in dec. 1982 for major depression with PCS.

I did not know i could get help from the v.a. for mental health issues or apply for increased benifits until last year when i married my 3rd and present wife. She did research and has really pushed me to get the help and rating she is sure i deserve.

Because of the depression i am on my 3rd marriage since discharge because i have trouble maintaining a healthy relationship. I have had 5 DUI's because I tend to drink heavily once i get severly depressed.

I attempted suicide once while in the service. I spent 6 months in a military hospital and was discharged from there with 10% SC disability for major depression with PCS (was hit in the head twice just prior to the attempted suioside)

Again in 1990 i shot my self missing my heart by 1/4 of an inch. Because of that my splean was removed, i lost part of my rib cage on the left side, lost part of my stomach, liver and pancreas. I also have major scars on my chest and stomach.

I had to start wearing glasses after discharge because of vision problems which may or may not be related to my PCS. have also lost part of my hearing when there are background noice or crowds. I think this is from being hit in the head. Now i have adult onset Diabeties. Probably from partil loss of my pancreas.

In Jan. 2010 i filled the following claims at my wifes insistance:

1) increase in disability due to worsened major depression

2) erectial dysfunction as secondary to major depression. I can not get and/or keep an erection because of my meds for ED. They gave me meds for it but they do not work.

3) Alcohol dependence as secondary to major depression.

What do you think my chances are on these claims? What % do you think they may give? should I file a claim for the other injuries related to the attempted suiside as secondary to major depression? if so what should i file for?

Thanks for listening !

[20yrserviceconnected]

20yr,

Looks to me like the VA lowballed the heck out of you back in 1982,

plus they may have apparently rolled the depression and PCS

(post concussion syndrome) into one disability.

I suggest calling the 1-800-827-1000 number and asking what

diagnostic codes you are currently SC'd under.

From your post above you were probably SC'd at 10 percent under the 1982 criteria for

Diagnostic Code 8045.

In Oct 2008 the diagnostic code for DC 8045 underwent tremendous criteria changes that

are much more beneficial to the veteran.

I would check into this and if it is as I think then you should be re-evaluate under the

new criteria for DC 8045.

jmho,

carlie

I called and they said I am rated under DC 9207. I looked that code up and found this. If i am reading correctly that code was removed and has not been used since 11/7/1996. If that is the case how will they rate my claim for an increase?

Appendix A to Part 4—Table of Amendments and Effective Dates Since 1946

.hang { text-indent: -2em; }table { empty-cells: show; border-collapse: collapse ; padding-top: .5em ; }.table_div { border: 2px solid black ; space-after: 0.25em }.table_title { font-weight: bold; text-align: center; padding-bottom: .5em }.table_description { text-align: center; }.table_cell { border: 1px solid black ; vertical-align: top }.table_colhed { border: 1px solid black ; vertical-align: bottom }.table_note { }

4.130Re-designated from §4.132 November 7, 1996. 9200Removed February 3, 1988. 9201Criterion February 3, 1988. 9202Criterion February 3, 1988. 9203Criterion February 3, 1988. 9204Criterion February 3, 1988. 9205Criterion February 3, 1988; criterion November 7, 1996. 9206Criterion February 3, 1988; removed November 7, 1996. 9207Criterion February 3, 1988; removed November 7, 1996.

[Pete53]

I wish I had the answer for you on this one.. But i'm just not sure.. Why don't you send a email to eithier Jbasser , pete992, pete53 or bergie.. One of those guys would know.

Although I answer all emails unless it is something you want to keep private the best thing is to post it. That way you have a much better chance of someone who knows a lot more than I helping you. It also helps our lurkers cause for every post and thread there are hundreds who read and don't post.

Its sort of like talk radio where only a couple of per cent participate directly.

[Berta]

"I spent 6 months in a military hospital and was discharged from there with 10% SC disability for major depression with PCS (was hit in the head twice just prior to the attempted suioside)"

"would my spleen being removed along with part of my pancreas, liver stomach and left side ribs be consider a disability secondary to the depression since it was a self inflickted gun shot wound? and my deiabeties the same question since more likly than not it is caused by not having part of my pancreas."

I would claim these as secondary conditions to the SC depression and PCS =but that would depend on why the PCS happened.

You have 20 years Mil service -so you receive a Military retiree pension I assume.

In order to gain an actual monetary compensation award (due to the offsets) for compensation- the comp would have to be higher rate than your retirement pay is now.

I also assume yo get 10% check from VA every month and then the retirement Mil pay from DFAS is reduced by the 10% amount.

I am assuming one more thing here too-

that you have treatment records that show continuity of the depression and medication for it since leaving the service.

Do you see a private doctor for your SC conditions? or VA doc

Would they be willing to prepare an independent medical opinion if needed for your claim?

Are they a board certified psychiatrist?

I agree with Carlie- sounds like yo were really lowballed to me too- do you still have a copy of the 1982 decision?

Do you have copy of your SMRs, your C file, and copies of all medical records?

Do you have a vet rep ?

[Berta]

http://www4.va.gov/vetapp96/files2/9614812.txt

“In this particular case, as indicated previously, the

evidence establishes that the veteran's death in January 1993

resulted from a self-inflicted gunshot wound of the chest.

The veteran had been at the residence of his girlfriend when

the incident occurred and she related that the veteran had

been sitting on a couch and checking the pistol. She

indicated that the veteran had the weapon pointed toward him

and he pulled the slide back and released it and at that time

the pistol discharged, striking the veteran in the chest. A

review of the veteran’s service medical records discloses

that he had a history of thoughts of suicide. At the time of

his most recent examination in August 1991, the VA physician

noted that the veteran had recurrent severe depression and

that his anxiety level was extremely high. He had multiple

symptoms commonly associated with post-traumatic stress

disorder, the examiner’s diagnosis. The veteran’s prognosis

was very poor. Given the severity and chronicity of the

veteran’s service-connected psychiatric condition and that

the official death certificate lists the manner of his death

as undetermined, the Board finds it as least as likely as not

that post-traumatic stress disorder contributed substantially

or materially to the self-inflicted wound which caused his

demise. Accordingly, service connection for the cause of his

death is in order. 38 U.S.C.A. § 1310; 38 C.F.R. § 3.312.

The benefit of the doubt is resolved in the appellant’s

favor. 38 U.S.C.A. § 5107.

ORDER

Entitlement to service connection for the cause of the

veteran's death is granted.”

-------------------------------------------------------

(In this case the veteran had 100% SC for PTSD- and the SC PTSD was the underlying factor in his suicide. I believe, if this veteran's suicide attempt had failed- the VA would have had to secondarily SC the resulting disabilities from a failed suicide attempt. In this case , and with the fact that VA granted you for depression, along with the other info you posted here- then you- as this deceased vet- did not commit willful misconduct that caused your disabilies from the self inflicted gun shot wound. Your claim for higher rating due to these secondarys-in my opinion- could succeed. It wont be easy but NOTHING is impossible with the VA and I am living proof of that.Most of my claims were deemed impossible by many-to include lawyers and that negativity inspired me to continue the fight until I won.

There are many denied claims at the BVA from widows whose veteran husbands had committed suicide without underlying factors of major MH issues that were service connected by VA.The VA is quick to say that these types of deaths were due to willful miscopnduct and the VA will not pay DIC to the widows.

Conversely- there was an award many years ago by the BVA to a woman for DIC-but she couldnt get the DIC until after her prison term was over. She had killed her husband when he became violent with her while in a PTSD rage.The VA considered his death (due to GSW from the wife) was service connected because his own SC PTSD caused her to kill him in self defense.)

Did you serve in Vietnam?

Is there any other possible etiology for the diabetes (Type II adult onset)such as Agent Orange or was this definitively diagnosed only when there was pancreas damage from the GSW?

[20yrserviceconnected]

http://www4.va.gov/vetapp96/files2/9614812.txt

"In this particular case, as indicated previously, the

evidence establishes that the veteran's death in January 1993

resulted from a self-inflicted gunshot wound of the chest.

The veteran had been at the residence of his girlfriend when

the incident occurred and she related that the veteran had

been sitting on a couch and checking the pistol. She

indicated that the veteran had the weapon pointed toward him

and he pulled the slide back and released it and at that time

the pistol discharged, striking the veteran in the chest. A

review of the veteran's service medical records discloses

that he had a history of thoughts of suicide. At the time of

his most recent examination in August 1991, the VA physician

noted that the veteran had recurrent severe depression and

that his anxiety level was extremely high. He had multiple

symptoms commonly associated with post-traumatic stress

disorder, the examiner's diagnosis. The veteran's prognosis

was very poor. Given the severity and chronicity of the

veteran's service-connected psychiatric condition and that

the official death certificate lists the manner of his death

as undetermined, the Board finds it as least as likely as not

that post-traumatic stress disorder contributed substantially

or materially to the self-inflicted wound which caused his

demise. Accordingly, service connection for the cause of his

death is in order. 38 U.S.C.A. § 1310; 38 C.F.R. § 3.312.

The benefit of the doubt is resolved in the appellant's

favor. 38 U.S.C.A. § 5107.

ORDER

Entitlement to service connection for the cause of the

veteran's death is granted."

-------------------------------------------------------

(In this case the veteran had 100% SC for PTSD- and the SC PTSD was the underlying factor in his suicide. I believe, if this veteran's suicide attempt had failed- the VA would have had to secondarily SC the resulting disabilities from a failed suicide attempt. In this case , and with the fact that VA granted you for depression, along with the other info you posted here- then you- as this deceased vet- did not commit willful misconduct that caused your disabilies from the self inflicted gun shot wound. Your claim for higher rating due to these secondarys-in my opinion- could succeed. It wont be easy but NOTHING is impossible with the VA and I am living proof of that.Most of my claims were deemed impossible by many-to include lawyers and that negativity inspired me to continue the fight until I won.

There are many denied claims at the BVA from widows whose veteran husbands had committed suicide without underlying factors of major MH issues that were service connected by VA.The VA is quick to say that these types of deaths were due to willful miscopnduct and the VA will not pay DIC to the widows.

Conversely- there was an award many years ago by the BVA to a woman for DIC-but she couldnt get the DIC until after her prison term was over. She had killed her husband when he became violent with her while in a PTSD rage.The VA considered his death (due to GSW from the wife) was service connected because his own SC PTSD caused her to kill him in self defense.)

Did you serve in Vietnam?

Is there any other possible etiology for the diabetes (Type II adult onset)such as Agent Orange or was this definitively diagnosed only when there was pancreas damage from the GSW?

Thanks for the info. the GSW and resulting damage to the pancreas was in 1990. I have just over the last two months been told i have diabetes and started on meds for it.

[20yrserviceconnected]

"I spent 6 months in a military hospital and was discharged from there with 10% SC disability for major depression with PCS (was hit in the head twice just prior to the attempted suioside)"

"would my spleen being removed along with part of my pancreas, liver stomach and left side ribs be consider a disability secondary to the depression since it was a self inflickted gun shot wound? and my deiabeties the same question since more likly than not it is caused by not having part of my pancreas."

I would claim these as secondary conditions to the SC depression and PCS =but that would depend on why the PCS happened.

You have 20 years Mil service -so you receive a Military retiree pension I assume.

In order to gain an actual monetary compensation award (due to the offsets) for compensation- the comp would have to be higher rate than your retirement pay is now.

I also assume yo get 10% check from VA every month and then the retirement Mil pay from DFAS is reduced by the 10% amount.

I am assuming one more thing here too-

that you have treatment records that show continuity of the depression and medication for it since leaving the service.

Do you see a private doctor for your SC conditions? or VA doc

Would they be willing to prepare an independent medical opinion if needed for your claim?

Are they a board certified psychiatrist?

I agree with Carlie- sounds like yo were really lowballed to me too- do you still have a copy of the 1982 decision?

Do you have copy of your SMRs, your C file, and copies of all medical records?

Do you have a vet rep ?

I think you misunderstood my original post. I was active duty from 1978-1982. was discharged as SC major depression with PCS in Dec. 1982. Thus i have been service connected for over 20 years. I now draw the 10% disability from the v.a. and have since 1982.