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ptsd Tbird Suggestion for new Section on HadIt.com
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Question
broncovet
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
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