Possible Cue?

[caubulldog]

I was discharged as one of the members of the personality disorder that is infamous with the service. On my separation physical it clearly notes treatment for depression with notes to follow up with private care. I filed my original service claim within one year of discharge and the rating decision has no mention of the depression that is clearly marked on my physical. Since then I was inpatient once and am on outpatient long term treatment for depression. Is this a possible cue since it is clearly documented on my military paperwork? I have not filed for initial service connection yet on this.

[john999]

You filed for depression which was noted in your SMR's within one year of discharge? You were denied? Did you appeal?You can only file a CUE on an unappealed final decision. How long were you in the service before you were discharged as a PD? Did you get general under honorable? Did you see combat or get any awards for combat tour? What kind of psychiatric care did you get in the service?

[caubulldog]

I served four years reserve then served two years active. I requested chaplain assistance and was sent to shrink for evaluation.Was given individual and group therapy for depression. I was then put out on a personality discharge with a full honorable discharge. Got on in 1992 and filed first claim in 1993 for anything found in military records. I was treated inpatient Va in 1995 and still doing meds outpatient from 1995 to today. They evaluated and said personality disorder and denied. While gathering paper for my next claims I seen these notations on my military records showing depression.

[broncovet]

This is a very common problem, where at least 22,500 Vets were also denied benefits for the same reason. Story here:

http://www.newszone.us/society/disabled-issues-disabilities/153373-Millions-of-Dollars-of-Disability-Benefits-Held-Back-Unnecessarily.html

[john999]

The VA said you were a PD and did not review your SMR's? Is your denial final and unappealed at this point? If it is the a CUE is the only way to go. Did you submit any private medical records of treatment for depression? I know you got screwed, and I do think the VA may have made an error in not connecting you for depression regardless of the PD discharge. Is there any evidence in the rating that they reviewed your SMR's? I would file the CUE based on facts you have discussed and then wait for denial. When you get denial file a NOD and get yourself a lawyer. The VA is going to drag up the PD discharge and the PD benefits denial again and again. With a CUE the only evidence they can look at is what was available to the VA at the time the decision was made. The way to get service connected now is to have an IMO state that you suffer depression from military service. Here is the truth. The military wanted you out and they did not want to pay a medical pension. So they dreamed up the PD DX and got you to sign off on it. They always take advantage of people when they are sick or down to kick them in the teeth. They threw you away like a cigarette butt.

[caubulldog]

I am gonna have to plan a attack for this claim. I really wanna hammer them for leaving a claim in the wind for 18 years,but gotta get my evidence right.I have all the elements required for service connection and really wanna dispose of the personality bull for good. I passed two enlistment physicals,one reserve and one active,& a psychological eval prior to being cleared for overseas duty and yet thid pd bull is hung on me with no evidence at all. I was depressed and that is the truth. I am also gonna attack the discharge reason once I can get more evidence to remove the pd from my discharge.

[carlie]

I was discharged as one of the members of the personality disorder that is infamous with the service.

On my separation physical it clearly notes treatment for depression with notes to follow up with private care.

I filed my original service claim within one year of discharge and the rating decision has no mention of the depression that is clearly marked on my physical.

Since then I was inpatient once and am on outpatient long term treatment for depression.

Is this a possible cue since it is clearly documented on my military paperwork? I have not filed for initial service connection yet on this.

caub,

1) Have you studied your DD 214 to see if they put a SPN Code Number on it ?

2) Although the "separation physical it clearly notes treatment for depression with notes to follow up with private care",

does not necessarily equate to having a residual disability, and does not on it's own support incurred on active duty,

the depression has to be related with a nexus to active duty or at least shown as aggravated on active duty if that is the case.

If you did not specifically file a claim for depression or a mental health disability - chances are very strong that is why no

issue for mental health was mentioned on the Rating Decision.

3) In my opinion there is absolutely no CUE here as you clearly state, "I have not filed for initial service connection yet on this."

You can't even file a NOD on something that has not even been claimed as a disability, much less file a claim for CUE.

4) You have also posted, "Got on in 1992 and filed first claim in 1993 for anything found in military records."

In my opinion and by going with 38 CFR, this is not even really a claim.

The 21-526 asks specifically what disability's you are filing a claim for, when and where did the injury, illness or disease happen during your active duty service,etc...

If you do not file a claim for a specific disability and the VBA does not infer that a claim maybe applicable - then there has been no claim made.

§ 3.151 Claims for disability benefits.

(a) General. A specific claim in the form prescribed by the Secretary must be filed in order for benefits to be paid to any individual under the laws administered by VA. (38 U.S.C. 5101(a)).