ptsd Back Pay For 1982 Personality Disorder

[sparkle]

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

[carlie]

Sparkle,

You are getting some real good info here.

The 10% SC you say you have for TBI - is more likely than not

actually 10 % SC for subjective symptoms rated under the Pre

Oct. 2008 criteria for DC 8045 - Brain Trauma, which had a 10% max on it

unless it also encompassed DC 9304 - Dementia.

They may have changed your paperwork to now state TBI

and if you haven't requested an increase of this since the criteria

changed in Oct 2008 - you may do so at any time.

The VA only compensates for 1 MH disorder even if there are more that are comorbid.

TBI - Post Oct 2008 - DC 8045 : http://ecfr.gpoacces....110.67&idno=38

Mental Health - http://ecfr.gpoacces....111.73&idno=38

I am editing this post just to add for the record -

MST IS NOT a diagnosis.

MST can be an "event" that is productive of a "stressor" for PTSD

or an "event" that leads to a MH disorder.

[carlie]

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.

John,

I agree and would not mention anything about personality disorder.

There is one thing tho a personality disorder can / will be SC'd as a dementia

when seizures are SC'd as the result of active duty head injury.

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=af6852545eb980f5bafa8e8784fa1415&rgn=div8&view=text&node=38:1.0.1.1.5.2.110.67&idno=38

Mental Disorders in Epilepsies: A nonpsychotic organic brain syndrome will be rated separately under the appropriate diagnostic code (e.g., 9304 or 9326).

In the absence of a diagnosis of non-psychotic organic psychiatric disturbance (psychotic, psychoneurotic or personality disorder) if diagnosed

and shown to be secondary to or directly associated with epilepsy will be rated separately.

The psychotic or psychroneurotic disorder will be rated under the appropriate diagnostic code.

The personality disorder will be rated as a dementia (e.g., diagnostic code 9304 or 9326).

[Berta]

Here is the TDIU form:

http://www.vba.va.gov/pubs/forms/VBA-21-8940-ARE.pdf

TDIU-Total Disability due to Individual Unemployabiity

They pay TDIU at the 100% comp rate (which I forget amount but the comp charts are here too)

Question 18=

If you receive SSDI check Yes- and if you don't then apply for Social Security Disability.Their criteria and application forms are at the SSA web site on line.

Under Remarks # 25 you can refer the VA to a separate page and then tell them of the med increase, of any side affects of the SC meds that would prohibit employment and if I were you I would refer them to (and attach) copies of any doctor's statements that support your unemployability due to the SC conditions you have.And the migraine nexus statement too from the doctor.

Make sure your name , address and C file number is on everything you send.

SSDI awards -IF they are SOLELY for what is SC or will become SC -can be excellent evidence for TDIU.

When the SSA awards but includes non service connected conditions as well then SSDI becomes more problematic.

I would file this TDIU form (make copy and get proof of mailing) with the VARO ASAP!

This way if you are granted TDIU ,you will get the earliest effective date for any retro.(they usually always use the date of the TDIU application for retro).

Sounds like you have the evidence you need!

Even with the claim in process now for higher rating- I actually believe that in some cases, a TDIU claim is easier for the VA to deal with then

separate claims , as in your case the doctor has made a critical statement that would support a TDIU award.

[john999]

Yes, Carlie, my father-in-law had severe antisocial-PD due to TBI. It got him thrown in jail where they don't care if you have TBI.