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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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sparkle

Back Pay For 1982 Personality Disorder

Question

PLEASE BR WITH ME AS I TRY TO LET YOU KNOW JUST WHAT I NEED HELP WITH. FIRST LET ME SAID HI ALL AND MY NAME IS SPARKLE. NOW THIS IS MY STORE. IN 1982 I HAD TBI THAT WAS NEVER PUT IN MY MEDICAL RECORD BUT WAS SENT TO THE HOSPITAL FOR IT. I WAS DISCHARGED FROM THE USAF IN DEC. OF 82. THIS IS WHAT MY RECOMMENDATION FOR DISCHARGE SAID.

I RECOMMEND____________BE DISCHARGED FROM THE USAF FOR CONDITIONS THAT INTERFERE WITH MILITARY SERVICE. THE AUTHORITY FOR MY REMMENDATION IS AFR 35-41 VOL III, PARA 5-30B. THE SPECIFIC REASONS ARE:

_______WAS GIVEN A PSYCHIATRIC EVALUTION ON DEC 10 1982, BY _________ WHO DETERMINED _____HAD A PERSONALITY DISORDER WOULD BE UNABLE TO FOLLOW ORDERS AND INSTEAD WOULD EXPECT OTHERS TO CONFORM TO HER(VERY FUNNY).

IN SUPPORT OF 5-30B(3),_____STATED IT USUALLY TAKES SEVERAL YEARS (SEE WHERE I AM GOING WITH THIS) OF PSYCHOTHERAPY BEFORE ONE SEES SOME MODIIDICATION. DENIAL IS HER PRIMARY DEFENSE AGAINST ANXIETY. _______FOUND HER TO BE INELIGIBLE FOR CONTINUED DUTY UNDER DSM CODE 301.50 TYPE OF SEPARATION RECOMMENDED WILL BE HONORABLE.

NOW IF YOU NOTICE I HAD A INJURY FOR TBI AND HAVE A 10% RATING FOR THAT, NEVER TOLD THEM I HAD ANXIETY, DEPRESSION, PTSD (NOT EVEN HEARD ABOUT BACK THEN). MY MAIN PROBLEM AND HOSIPAL STAY WAS FOR TBI. NOW THAT I DO HAVE A DIAGNOSTIC FOR THE FOLLOWING: CHRONIC PTSD, DEPRESSION, MST,BIPOLAR, PANIC ATTACKS, HEADACHE,ANIETY, AND INSOMM. CAN I BE ABLE TO GO BACK AS FAR AS 1982 AND CLAIM THE ANXIETY AND PERSONALITY DISORDER BECAUSE THAT WAS WHAT I WAS BEEN DISCHARGED FOR IN THE FIRST PLACE AND NEVER GOT A RATING FOR. I KNOW THIS IS LONG BUT JUST WAS TRYIN TO GIVE U ALL THE FACTS SO THAT U COULD BEST HELP ME WITH THIS.

THANKS IN ADVANCE FOR YOU HELP

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VA does not recognize personality disorder as a service connectable disability.

They would rate and award for one mental health condition ( which must be rated separately from the TBI) if there is a proven nexus to your service.

If the TBI was caused by a stressful event- that could possibly warrant a rating for a MH disability.

If I were you I would file a claim for your most prevalent mental health issue.

If the claim is for PTSD, you need to meet the new PTSD criteria in our PTSD forum.

What is the most predominant mental health diagnosis as far as the treatment and meds you are getting?

MST claims - there is a lot of info under search feature for this type of claim.

Everything you mentioned would have to have a proven nexus and the VA will only award for one MH disability.

I dont foresee any retro back to 1982 here because I think VA would view the mention of anxiety in the discharge as part of the personality disorder.

"NEVER TOLD THEM I HAD ANXIETY, DEPRESSION, PTSD "

If these were never claimed and then formally denied, I see no basis for a CUE claim.

Do you have a vet rep who could help you word the new claim for an MH issue properly based on your medical records?

Wat is the rest of your rating for?

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Thanks Berta, I have a rating of 10% for TBI and 30% for depression I have put in a new claim for chronic PTSD,MST,headaches,personality disorder,bipolar disorder,anxiety. not sure how they would read his and give me a rating Berta but i guess i will have to wait and see like every one else. my 10% and 30% is all sc and that 40%. i am just all over the place Berta with all of this. i guess u can see by the way i type, i go form one forum of typing to the other, i will try to slow down but this is what happen when i just try to talk or write about this. do u think u could give me a better understanding of what i should be parparded for. I see you post a lot and have some of the best answers as a women on the forum. I would like to thank all that have or will reply to my post.

*Sparkle

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It appears that you re-opened the TBI and depression claim and you will need new and material evidence that either one of these disabilities or both have gotten worse since their last decision.

Are you able to work or have these problems hindered your employment?

Has any doctor suggested at all that you cannot work due solely to the awarded SC disabilities?

If so you should apply for TDIU.

What the VA considers as new and material evidence for a re open isn't too difficult to supply to them.

Have your meds increased over the years for the TBI or depression?

Could the migraines be medically associated as a residual of the TBI? Has any doctor said or stated that in the med recs?

I feel that VA will disregard all disabilities here except for the migraines and for potential higher ratings for the TBI and the SC depression.

The VA will send you a VCAA letter -it could take months to arrive.

It will state exactly what evidence they still need from you.

Often med rec copies can be attached to the VCAA response to show that the disabilities warrant a higher rating per the VA schedule of Ratings here under the Diagnostic Code link to the right hand side of the main forum page.

Of course you can send them more evidence prior to even getting the VCAA letter. It is best to use a 21-4138 form available here as a cover letter telling them what you have enclosed as evidence in support of your claim.

When you get the VCAA letter it is imperative to fill out, sign, copy and mail the response form back to them.Get a proof of mailing for anything you send.

Do any SC meds hinder your ability to work?Are you presently employed? Has any employer perhaps documented any severe memory problems or behavior directly due to your SCs that might support a TDIU claim?

The TBI residuals as to ratings changed in late 2008 and perhaps they are more favorable to you now than when they awarded the 10%:

http://www.vetsfirst.org/va-compensation-for-veterans-with-traumatic-brain-injury-tbi-made-easier-to-get/

There will need to be a medical association of any of these residuals to the TBI.

If this was not a closed head wound ,then there could be possible potential for a scar rating and the scar criteria changed in 2008 as well and should also be here in the VA Schedule of ratings.

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Sparkle:

You and many others have been misdiagnosed by Military and VA as having personality disorder. Berta's post is on the money and you need a Medical Doctor that will write an opinion that diagnoses you with depression and or anxiety disorder link it to service and third part of stool is to show it has caused you problems since you left in 1982.

The fact that you are rated 30% for depression is very important.

Good Luck to you on your claim and that you for serving.

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If I were you I would never mention personality disorder again except to rebutt it. Many vets with all kinds of mental health issues were kicked out as PD's. Even if you have a personality disorder a medical mental health disorder can be superimposed on the PD. TBI can cause personality changes, but not a PD.

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