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Mentally Disabled, Dont Know How To Procede


hulamatt
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I was hospitalized in AIT for ajustment disorder with anxiety.....returned to reserve unit, developed paranoid schizophrenia, shortly before going active 6 moths from completion of Ait to active army, finally became diagnosed with schizo while active duty...my question, can i SC teh schizo from my time in Ait being that i developed it within a year after getting out of AIT, or should i focus on, my active time, and that being the time i was diagnosed....i also have in my SMR's as psychosis as being a chronic problem, should i put in a claim for psychosis, and schizo, or just the schizo, i havent had psychosis in 3-4 months....not sure, i put all my marbles in to the schizo, since it is easier, and you can only get paid for one mental health condition, i aslo havent put in a claim for the anxiety ajustment disorder, because i knew i can only get paid for one, so again i went with the schizo....I would have put in for the schizo had i not been trying to stay in , and i did not know anythign about compensation, but since i am no longer able to serve, got an other than honorable from the last enlistment because of schizo and awol, i thought the government was coming after me. so i left....another twist, i remember and this is what my schizo stems from is being given a red pill at the end of basic training and not knowing what it was, i ran into someone at my unit that said the samet thing happened tohim withint months at the same place as my basic, but i doubt a buddy letter would hold since he was not in my unit and did not know me at the time, i've got a hearing coming up on the 17th to determine if my service was honoarble or dishonoarble at the VA, so well see how that goes

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  • HadIt.com Elder

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x

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If the evidence in your service medical records (SMR'S) documents a formal diagnosis of schizophrenia while active duty military --that is the VA claim you should file. The diagnosis, if formally diagnosed, might explain or mitigate the AWOL.

You should also plan on filing the necessary Forms for upgrading your military discharge due to a medical condition.

Good Luck at your VA Hearing, hope you have a service officer there to help you. ~Wings

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  • HadIt.com Elder

Good Luck on your hearing. I agree with Wings

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  • HadIt.com Elder

Definitely get your schizophrenia claim in within one year of discharge. Get the discharege upgrade review also. Whatever you do don't miss any deadlines for your claims or discharge review. You need a sympathetic VSO at your discharge hearing that understands how the schizphrenia could cause you to go awol. A letter from a doctor might also help. What would be even better would be if a shrink could be a witness at your hearing to explain your condition. The people at the hearing don't know psychosis from garden shears.

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Definitely get your schizophrenia claim in within one year of discharge. Get the discharege upgrade review also. Whatever you do don't miss any deadlines for your claims or discharge review. You need a sympathetic VSO at your discharge hearing that understands how the schizphrenia could cause you to go awol. A letter from a doctor might also help. What would be even better would be if a shrink could be a witness at your hearing to explain your condition. The people at the hearing don't know psychosis from garden shears.

hmmm currently im in the middle of psychiatrist have to get a new one since my old one told me they wouldnt review my smrs and inpatient report because she said only combat vets get anything from the va, so i dont have a psych doc to come, i wonder if i hired one how much they would charge, id like to have the VA doc that saw me, and said i should be held responsible for anything, but i cant get a hold of her, her office is in a locked mental ward, has no voicemail, and hasnt returned notes left by the nurses i called...i guess im just going to have to try and explain it as best i can to them

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  • HadIt.com Elder

Get the claims and worry about explaining it later. If you let a year pass before you file your psychosis claim it will be much harder to get it SC'ed. If you wait more than three years for discharge review it gets much harder. I think you need a lawyer or good VSO to help you. The more mentally disabled you are the more likely the VA is to nail your hide to the wall. How long has it been since your were discharged from active duty?

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Get the claims and worry about explaining it later. If you let a year pass before you file your psychosis claim it will be much harder to get it SC'ed. If you wait more than three years for discharge review it gets much harder. I think you need a lawyer or good VSO to help you. The more mentally disabled you are the more likely the VA is to nail your hide to the wall. How long has it been since your were discharged from active duty?

it will make a year sept 28th....My question is should i put in a claim for psychosis with the paranoid schizophrenia, or just focus on the schizophrenia

heres a list of all my chronic problems from my SMRS

Psychosis

GAF

adjustment disorder with a disturbance of emotions

Therapy for drug and alcohol abuse/dependence(have no idea how this got on there never had a problem with it)

Eustachian tube dysfunction

Adjustment disorder with anxiety

Lumbago

Insomnia

i have back pain, mild, and the paranoid schizophrenia and anxiety

i know that you can only be compensated for one mental health issue so i have not claimed the anxiety and psychosis, and am putting all my marbles(the ones i have left) into the Schizo

Thats all from military hospitals

I have a civilian diagnosis of paranoid schizophrenia

and all the docs at the va said i had schizo, but in my medical notes they put psychosis RO paranoid schizophrenia

I dont get psychosis much anymore, maybe every couple of months, but the schizo, i deal with it everyday, constantly worried about freaking out always knowing where the nearest hospital is, voices, not being able to tell reality crazy thoughts i dunno pretty messed up

Edited by hulamatt
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  • HadIt.com Elder

If you are DX'ed in your medical records for schizophrenia and those other problems I would file for all of them. You are getting very close to one year since discharge. Schizophrenia is a type of psychosis. I would file for these problems yesterday.

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  • HadIt.com Elder

M21-1MR, Part III, Subpart v, Chapter 1, Section E

Section E. Insanity

In this Section This section contains the topic,

"Effect of Insanity on Administrative Decisions."

20. Effect of Insanity on Administrative Decisions

Introduction

This topic contains information on the effect of insanity on administrative decisions, including

the effect of insanity on Department of Veterans Affairs (VA) benefits

placing insanity as an issue

developing cases in which insanity is an issue

referring case for rating action, and

preparing an administrative decision.

Change Date March 7, 2006

a. Effect of Insanity on VA Benefits

If it can be established that a veteran was insane at the time of the commission of the act or acts

that would otherwise result in an adverse character of discharge, line-of-duty or willful misconduct determination,

hold that the veteran was without fault, and is not precluded from any Department of Veterans Affairs (VA) benefits.

Reference: For more information on insanity and homicide, see M21-1MR, Part III, Subpart v, 1.F.23.e.

b. Placing Insanity as an Issue

Insanity is placed into issue in the following ways:

by specific allegation by the veteran or an authorized representative

by the Veterans Service Representative (VSR) if the evidence indicates the possibility of insanity, and

if suicidal death occurs in service.

Reference: The regulation regarding

insanity is

http://www.warms.vba.va.gov/regs/38CFR/BOOKB/PART3/S3_354.DOC ,

38 CFR 3.354

and

suicide is http://www.warms.vba.va.gov/regs/38CFR/BOOKB/PART3/S3_302.DOC ,

38 CFR 3.302.

c. Developing Cases in Which Insanity Is an Issue

If insanity is an issue, develop the case completely before making a determination.

Obtain the following information when developing:

all service and post-service medical records that are in any way pertinent, and

complete transcripts of any court martial or board proceedings that may be relevant.

Note: State specifically in a PIES request that the reason for the request is that "the issue of insanity has been raised."

Reference: For more information on obtaining service and post-service medical records, see M21-1MR, Part III, Subpart iii, 2.A.

d. Referring Case for Rating Action

After completion of development, refer the case for rating activity disposition of the insanity issue.

Issue Rating Board Action Line of duty or willful misconduct

The rating activity makes its decision in a rating in which the question of insanity will be the sole issue.

The rating decision is forwarded to authorization for an administrative decision. In-service self-inflicted death

The rating activity makes a formal service-connected death rating decision.

The rating decision is forwarded to authorization for final award or denial action.

Reference: For more information on rating the question of insanity, see M21-1MR, Part III, Subpart iii, 2.C.20.

e. Preparing an Administrative Decision

When a rating is received, whether or not insanity is established, prepare a formal decision of character of discharge, line of duty, or willful misconduct determinations for approval, as required.

Important: All subsequent action must be based on this determination or on a formal rating decision that may have been made.

References: For more information on administrative decisions for

character of discharge, see M21-1MR, Part III, Subpart v, 1.B.7

line-of-duty determinations, see M21-1MR, Part III, Subpart v, 1.D.19, and willful misconduct determinations, see M21-1MR, Part III, Subpart v, 1.D.15.

M21-1MR, Part III, Subpart v, Chapter 1, Section E

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  • HadIt.com Elder

If you are DX'ed in your medical records for schizophrenia and those other problems I would file for all of them. You are getting very close to one year since discharge. Schizophrenia is a type of psychosis. I would file for these problems yesterday.

I agree with John, file for all of them! File for every single medical diagnosis/disability that was noted in your service medical records. Do it now!!!

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  • HadIt.com Elder

at this point you throw everything at the wall and see what sticks if you file within a year of discharge then they have to pay you back to the day you left active duty so the file date is extremely important to you if it is in your service medical as a diagnosed illness or injury then add it to your list of ailments you are asking to have SC let them deny the ones they want to and make them explain why they are denying them that will tell you what you have to do then to argue that it should be service connected but if you don't ask and wait to file then instead of getting the back pay for one year then they will only compensate you from the date you filed the claim and you could lose 12 months of compensation effective dates really do matter file for everything and let it get sorted out in the wash even if you file for multiple mental health issues they will only rate you for one due to pyramiding but one issue they may deny and another may get awarded let them figure it out that is their job

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stupid question but how do i formally apply for the other conditions, do i just send in a statement in support of claim or is there something else i have to do?

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  • HadIt.com Elder

stupid question but how do i formally apply for the other conditions, do i just send in a statement in support of claim or is there something else i have to do?

x

x

x

Here's the electronic version . . .

If you already have a VA claim pending for compensation and/or pension (VA Form 21-526) and need to provide information or upload attachments, you can use VA Form 21-4138, Statement in Support of Claim, available in VONAPP. When uploading attachments, include a statement that you are attaching evidence to support your claim [or in this case, adding additional claims to establish the effective date of all claim(s)]. After completing the form, you will have the opportunity to attach your documents. http://vabenefits.vba.va.gov/vonapp/main.asp

You can also download and print VA Forms here http://www4.va.gov/vaforms/landing2_relatedlinks.htm

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  • HadIt.com Elder

I believe that psychosis (schizophrenia) is considered presumptive if you file for it within one year. File your claims and get the evidence later. Your SMR's contain the evidence. When you file these claims if they are original claims be sure you have proof you filed on a date before one year from discharge date.

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  • HadIt.com Elder

I believe that psychosis (schizophrenia) is considered presumptive if you file for it within one year. File your claims and get the evidence later. Your SMR's contain the evidence. When you file these claims if they are original claims be sure you have proof you filed on a date before one year from discharge date.

YUP.

BTW, I use FEDEX.............with proof of delivery, costs $7 or $8 bucks, well worth it. Actually I fax 'em in, first, then follow up with ground delivery.........................always, always after that elusive EED!

Edited by LarryJ
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Great advise here and John is right, this should be awarded as a chronic presumptive ( the schizophrenia) as it falls under psychosis in 38 USC 1112 regulations.

Are you needing to request a Character of service determination? Did the VCAA letter you got last year mention that at all?

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Great advise here and John is right, this should be awarded as a chronic presumptive ( the schizophrenia) as it falls under psychosis in 38 USC 1112 regulations.

Are you needing to request a Character of service determination? Did the VCAA letter you got last year mention that at all?

VCAA never said a thing about character of service, but i always assumed they would look at it so i sent in my story a couple times, each time adding to it, finally got a letter 6 months later saying they were gonna do a character of service, and asked if i wanted a hearing, naturally i took it...but my DAV rep sucks, had another rep call me for him, knew nothing about my case, my hearing is on tuesday, he has set up only 30 mins before the hearing to go everything, WTF i am a little pissed and might head down there tomorrow, i mean ive got like 100 pages of med reports, it will take him 30 mins just to read it

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