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Possible Disability Claim

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I am new to this forum. I was discharged from the NAVY in 1966 with code 460 emotional instability reaction and honorable discharge. I have sent an

SF- 180 to Saint Loius Military Records Center to obtain all my service records including the medical records. The NAVY psychiatrist stated I had borderline

schizophrenia , etc. in part being hereditary from my father who commited suicide in 1963 and had been treated for schizophrenia. Since that time starting in

1994 to now I have been diagnosed for insomnia, anxiety, and depression. I have been under the care of three different psychiatrists and have been taking klonnopin,

wellbutrin, ativan, seroquel, and other medications. Does the VA also have a copy of all my service records ?

shipbuilder

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Posted

       I found my performance evaluation from 1966 in the NAVY on the WILLIS A LEE DL 4. It rates as

 follows professional performance 3.4, military behavior 3.6, military appearance 3.2 , adaptability 3.6.

 Overall rating 3.45 out of 4.0.  Paragraph 7 states KUMPUNENs performance has been very good. He

is a willing worker and is eager to learn. His consideration for others helps to promote good morale.

This was signed by LCDR JONES executive officer of the WILLIS A LEE DL 4.

   The psychiatrist LCDR SCHWARTZ stated in the final paragraph indicates that I had depression as

noted above prior to joining the NAVY and while in the NAVY. He stated that my chances of committing

suicide without treatment would be quite high. He then states I had great difficulty adjusting to the

demands of military service and counseling, etc. had been used without lasting effect. He then states

that my behavior disorder would not be benefited by psychiatric hospitalization. 

    I  was discharged honorably under code 3210 emotionally unstable personality disorder. He makes

contradictory statements about suicide and my performance evaluation shows that I was a good

sailor and crew member. I have been on medication for insomnia, depression, and anxiety since 1994

and under care of psychiatrists.  Do I have grounds for a VA claim since the depression and anxiety

have been noted while I was in the NAVY and has continued with treatment since 1994 ?

   shipbuilder

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Posted

Do you have a complete copy of your SMRS and also your Navy 201 Personnel file?

How long were you in the service?

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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Posted

If he was on a ship and got rated, I think long enough. add to that the Hon COD.

Some things SCHWARTZ said matter, and some things don't. He said you had depression in a rather oblique way, and have a personality DO. Those are diagnoses.

SCHWARTZ didn't examine you before service. How the hell would he know what you had or didn't have?

Back to your question, you need to send in those very records, refer to those sections with the diagnoses in a statement, get the clinician who's been treating you to fill out a VA Mental Health DBQ.

The DBQ needs to say

'It's more likely that not Veteran Shipbuilder's current disabilities are connected to his service'

S/he can make a statement about why the disability IS related to your service- a logic path that has an affirmative conclusion. (This is somewhere in the M21, someone know off top of their head?)

and

'I have reviewed the relevant records'

and

a statement resolving Schwartz's BS speculation. 'It is my opinion SCHWARTZ didn't review Veteran Shipbuilder's entrance exam before reaching his opinion.  Veteran shipbuilder's entrance exam shows no defects on his PULHES; he had no disability when entering the service'

You could also get lay statements from your mother, brother, barber. 'Veteran Shipbuilder was fine before he left for service, when he came bad he was different: Depressed.'

File an intent to file today.

Army/Navy MDs always diagnose a preexisting personality DO when discharging a Veteran for MH reasons. They do it now for PTSD and/or TBI. They've always done it.

 

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Posted

            BERTA,

      I was in the NAVY from 1/4/1966 to 9/8/1966. What is the SMRS file ? Whats in the NAVY 201 personnel file ?

           shipbuilder

 

 

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  • HadIt.com Elder
Posted

shipbuilder

I am not Berta Obviously  :wink:

but I can give you an anwser to these questions

SMR'S are Service Military Medical Records.

201 files are 

Promotion Orders

Mobilization Orders

Morning Reports

DA1059s – Service School Academic Evaluation Reports

MOS Orders

Awards and decorations.

These are very important Records to help with a claim.

C file is also.

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

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  • HadIt.com Elder
Posted (edited)

I might add

You WILL  need a VA Diagnoses from the VA for a mental condition  like PTSD OR MDD/MMD

Edited by Buck52

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

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