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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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trnich

Advice Needed, Starting Claim

Question

I intend to make a service-connected disability claim for depression.

I was discharged form the U.S. Army honorably with "personality disorder" on the DD-214, in 1986. I served 3 1/2 years of a 4 year term.

During service in Central America in 1989, suffering from severe depression, I was sent to the psychiatric ward of a military hospital in Panama, and subsequently prescribed medicine, before being returned to duty. I was also sent to psychiatric evaluations in Fort Bragg.

After being discharged early with the "personality disorder" disposition, I went on to receive treatment many times, over several years, from VA hospitals for depression. Treatments sporadically occurred from about 1994 to 2007.

I made a claim for service-connected disability due to the depression once, in 1994, and was rejected.

Now I feel I must make the claim again, or appeal the rejected claim, as I have suffered with the depression since being discharged in 1989.

My questions are:

What is my first step?

Will I need to get documentation of my treatment in 1988 in Panama?

Will I need to get documentation of my treatment since discharge at several VA hospitals?

Can I do make the application for the claim online at Vonapp?

Is there a VA, or veterans, representative that can assist me? I live in NE Florida.

Is there any other advice, guidance that can be offered?

I hope I have not piled too many questions on here, since I realize these answers may be within the forum -- but if anyone has answers, I thank you in advance.

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You can use VONAPP or file with a 21-4138 Statement in Support of Claim.

You have already filed a claim so this will be a RE-open attempt.

Why was your previous claim denied?

Welcome to Hadit.

J

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I intend to make a service-connected disability claim for depression.

I was discharged form the U.S. Army honorably with "personality disorder" on the DD-214, in 1986. I served 3 1/2 years of a 4 year term.

During service in Central America in 1989, suffering from severe depression, I was sent to the psychiatric ward of a military hospital in Panama, and subsequently prescribed medicine, before being returned to duty. I was also sent to psychiatric evaluations in Fort Bragg.

After being discharged early with the "personality disorder" disposition, I went on to receive treatment many times, over several years, from VA hospitals for depression. Treatments sporadically occurred from about 1994 to 2007.

I made a claim for service-connected disability due to the depression once, in 1994, and was rejected.

Now I feel I must make the claim again, or appeal the rejected claim, as I have suffered with the depression since being discharged in 1989.

My questions are:

What is my first step?

Will I need to get documentation of my treatment in 1988 in Panama?

Will I need to get documentation of my treatment since discharge at several VA hospitals?

Can I do make the application for the claim online at Vonapp?

Is there a VA, or veterans, representative that can assist me? I live in NE Florida.

Is there any other advice, guidance that can be offered?

I hope I have not piled too many questions on here, since I realize these answers may be within the forum -- but if anyone has answers, I thank you in advance.

§ 4.9 Congenital or developmental defects.

Mere congenital or developmental defects, absent, displaced or supernumerary parts, refractive error of the eye, personality disorder and mental deficiency are not diseases or injuries in the meaning of applicable legislation for disability compensation purposes.

You will have to overcome the "personality disorder" and get an IMO of a different mental health condition. The psychiatrist will have to review your SMRs and your mental health records to make this opinion and give a good rationale. This may be a fight but this is what you will have to do.

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§ 4.9 Congenital or developmental defects.

Mere congenital or developmental defects, absent, displaced or supernumerary parts, refractive error of the eye, personality disorder and mental deficiency are not diseases or injuries in the meaning of applicable legislation for disability compensation purposes.

You will have to overcome the "personality disorder" and get an IMO of a different mental health condition. The psychiatrist will have to review your SMRs and your mental health records to make this opinion and give a good rationale. This may be a fight but this is what you will have to do.

Pete,

Does § 4.9 apply to conditions which are present prior to service, developed during service, or both?

trnich,

Were you in combat? Do you have any combat-related awards on your DD-214?

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Hold the phone. You were treated for Depression in service and you still have it. Your PD diagnosis could have been a set up.

If you were treated in service for depression and have continuity of treatment post service as a chronic condition then the 1994 decision may be crock of bull.

You should actually contact Vetlawyers about this and let them advise you.

J

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Yes, a good lawyer and a good IMO will go a long way.

J,

If I am wrong please correct me but there is no rating for a personality disorder at all under the CFR 38 Part 4 for any reason.

Prior to military service or diagnosed on active duty, if a veteran is diagnosed with a personality disorder, VA will claim that the veterans' condition was bound to get worst and being in the military would not have aggravated it. The PD could have been a set up but the veteran will have to prove that he had and still has a mental health condition that is not PD.

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