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Guest Jim S.
I’m going to try and make this as short as possible, but I think this may apply to a lot of veterans and doesn’t seem to be argued in their claims much.
Case in point, A Veteran is diagnosed with a psychiatric disorder while nearing the end of his enlistment. During his enlistment, he had an enlistment physical and re-enlistment physical, two psychiatric evaluations, one found nothing towards which a diagnosis could be evaluated, the second time was during hospitalization for the psychiatric disorder, for which he was eventually, medically discharged from the service for.
Upon discharge he was transferred to a VA medical facility to await his final discharge papers. After an intake physical was administered, he was given a pass to return home, nothing untoward was noted except a history of the psychiatric disorder, still nothing of the Veteran as having a personality disorder. The Veteran was given his final discharge papers, while on pass at home.
Having applied for VA benefits, a C&P exam was conducted, were upon for the first time a personality disorder was diagnosed. Further the examiner noted that he could not fully support the findings of the Dr’s of the medical board, who had approved the findings of a psychiatric disorder and recommended his medical discharge. The VARO subsequately ruled that a alterative diagnosis had been made of a personality disorder and without stating so, found the diagnosis of a psychiatric problem as in error.
I’ve come up with several errors that may have been commited by the VARO in allowing this change in a diagnosis stand and to further use it as the basis to deny subsequate claim to reopen with new and material evidence.
1. Failure to give reason and basis for a change in diagnosis
I can name more reasons, but this one jumps out every time I read a BVA or COVA decision of this type. Nothing is mentioned about the evidence that showed clearly and undebatably that the original or subsequate diagnosis is the correct diagnosis. Why do I not see more cases of the question being made in BVA or COVA decisions. Wouldn’t you think that if an error was made in how the diagnosis was changed, would manifestly change the outcome of a claim, in light of their being the good chance of, if not evidence on record showing a diagnosis of a service connectable disability already.
This is not a question of a wrong diagnosis, this is a procedural error in how a change was made and how the change is supported by evidence.that shows it to be a proper change.
Discussion is appreciated.
Jim S. B)
Edited by Jim S.Link to comment
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