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.

[caubulldog]

It is not filed yet as I am waiting for more details record wise since Va likely has my records and I want my copy before deciding direction of claim. I think I filed it in 1993 but decision only mentions personality disorder on mental condition section of rating letter. My code was jfx other physical/mental condition on discharge. My primary is willing to support my claims as long as I can show him in my records the medical evidence for any condition I have.

[pacmanx1]

It is not filed yet as I am waiting for more details record wise since Va likely has my records and I want my copy before deciding direction of claim. I think I filed it in 1993 but decision only mentions personality disorder on mental condition section of rating letter. My code was jfx other physical/mental condition on discharge. My primary is willing to support my claims as long as I can show him in my records the medical evidence for any condition I have.

In order to have a CUE, you must have filed some type of claim for depression. Unfortunately, even if your SMRs and a rating decision mention a depressive disorder, it does not warrant service connection and retro payment unless you filed a claim and VA actually rated the condition and it was denied. Your records could be full of information and evidence that you suffer from a mental health disorder but if you do not file a claim, VA is not obligated to service connect it and/or pay you for it. Is there a way where you can post a copy of your decision you are talking about? Please mark out/black out any personal information like: name, SSN, address, it would help and depending on what is written could clear things up very quickly as to if you have a CUE or not. If you can't scan it, can you type it word for word? We would only need the reason/basis for their decision.

[caubulldog]

In order to have a CUE, you must have filed some type of claim for depression. Unfortunately, even if your SMRs and a rating decision mention a depressive disorder, it does not warrant service connection and retro payment unless you filed a claim and VA actually rated the condition and it was denied. Your records could be full of information and evidence that you suffer from a mental health disorder but if you do not file a claim, VA is not obligated to service connect it and/or pay you for it. Is there a way where you can post a copy of your decision you are talking about? Please mark out/black out any personal information like: name, SSN, address, it would help and depending on what is written could clear things up very quickly as to if you have a CUE or not. If you can't scan it, can you type it word for word? We would only need the reason/basis for their decision.

Here it is,blamed depression on personality disorder and everything else they could pull out of their butt.

HADIT POST.PDF

[pacmanx1]

4. Entitlement to service connection for an acquired psychiatric disorder diagnosed as personality disorder, mixed, with passive-aggressive and avoidant features, is not established, as this condition is a constitutional or developmental abnormality which would have developed, regardless of the veteran's military service and as such, is not a ratable entity with no permanent aggravation shown in service beyond normal progression.

It appears that you did file a claim but it also appears that you claimed that you had this condition prior to entering the military and you would have to show that you being in the military made this condition worst. VA is bascially saying that your condition would have gotten worst and the fact that you entered the military would not have aggravated your mental health condtion. According to VA it was bound to get worst no matter what happened. I hope others will chime in.

Hope this Helps

[carlie]

To be perfectly honest I see no CUE and I do not see you getting a claim for mental health

disability granted by the BVA. I wish I saw something more positive but I do not.

jmho.

[caubulldog]

This is one of the reasons I will give my stuff to a lawyer. I never was medicated before service.After service spent 62 days inpatient in 1995 and have been outpatient for 15 years taking my medication and talk therapy when needed. I know it should fall under aggravation at a minimum,but will need Imo/Ime support among other things.