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Tbird Suggestion for new Section on HadIt.com


broncovet
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Tbird

Suggestion: "What to do if you..........." section of hadit.

Example: "What to do if you have been denied for PTSD based upon no diagnosis of PTSD but you have a MDD diagnosis"

The Veteran is not competent to "self diagnose", but relies upon the medical professionals, so he does not always need to claim "depression" when the claimed PTSD or vice versa:

From NVLSP:

i. What constitutes a diagnosis?

ii. If there are multiple diagnosis for a single disability does the

veteran need to file multiple claims?

1. Ex. Vet claims SC for PTSD, but is diagnosed with

another mental disorder, not PTSD

2. Does the vet have to start from scratch?

b. Clemons v. Shinseki -- Background

i. Claimed PTSD

ii. VA medical records show anxiety disorder and others

iii. BVA denied because there is no diagnosis of PTSD

c. Clemons v. Shinseki – Holding

i. Vet was incompetent to self diagnose mental condition

ii. Evidence showed claim was for any mental disability that may

reasonably be encompassed, based on:

1. Description of symptoms

2. Description of claim

3. Information gathered/submitted in support of claim

iii. Key Quotes

1. “Appellant did not file to receive benefits only for a

particular diagnosis, but for the affliction his mental

condition, whatever that is, causes him.”

2. Vet’s “claim for benefits based on PTSD encompassed

benefits based on an anxiety disorder and/or a schizoid

disorder b/c evidence developed during processing of

claim indicated that the symptoms for which [he] was

seeking VA benefits may have been caused by an anxiety

and/or schizoid disorder”

Reference: MOPH Training manual, published by NVLSP available here:

http://www.purpleheart.org/ServiceProgram/Training2010/Tuesday%20Training%20Outline%20NVLSP.pdf

Scroll down to "Game Changers"

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This does sound like a good idea and is inline with another suggestion that was made, the questions are good. Others chime in. Remember though chances are I am going to need to ask for volunteers to put a team together to do something like this, it's easier to come up with the questions, then the answers.

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Remember though chances are I am going to need to ask for volunteers to put a team together to do something like this, it's easier to come up with the questions, then the answers.

Tbird,

I'm sure we could easily start off with about a thousand different questions and scenarios.

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