Does This Apply To Me?

[eagle-eye]

I apologize in advance if I'm posting this in the wrong forum.

My situation in a nutshell that I'm inquiring about is this..I was medically discharged from Active-duty Air Force in 2004 due to physical and psychological issues stemming from a personal attack in my home off base. I had requested to be temporarily retired so I could hopefully get treated since I had been in for over 12 years and had a great military record but they chose to discharge me with severance and VA 10% for adjustment disorder.

Does the following apply to me or was my discharge before this prevent me from being eligible?

[Code of Federal Regulations]

[Title 38, Volume 1]

[Revised as of July 1, 2008]

From the U.S. Government Printing Office via GPO Access

[CITE: 38CFR4.129]

[Page 449]

TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF

CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS

PART 4_SCHEDULE FOR RATING DISABILITIES--Table of Contents

Subpart B_Disability Ratings

Sec. 4.129 Mental disorders due to traumatic stress.

When a mental disorder that develops in service as a result of a

highly stressful event is severe enough to bring about the veteran's

release from active military service, the rating agency shall assign an

evaluation of not less than 50 percent and schedule an examination

within the six month period following the veteran's discharge to

determine whether a change in evaluation is warranted.

[carlie]

eagle,

You were separated in 2004 - I believe this reg went into effect in 2008.

If both of the above are correct - then NO - the reg would not be applicable

back to the time when you were separated.

JMHO

[Guest]

Eagle-eye, when did you file your claim with the VA?

[eagle-eye]

Eagle-eye, when did you file your claim with the VA?

the 10% for "adjustment disorder" was awarded at my medical board in 2003.

I filed for an increase in 2008 and it was bumped up to 50% -the wording was also changed to "major depression".

2009 i filed for TDIU because I was unemployed and combined rating of 80%. Claim still pending.

Thanks.

[Guest]

Did you file a claim in 2003 or 2004?

[Guest]

This is what I found;

[Code of Federal Regulations]

[Title 38, Volume 1]

[Revised as of July 1, 2004]

From the U.S. Government Printing Office via GPO Access

[CITE: 38CFR4.129]

[Page 447]

TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF

CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS

PART 4_SCHEDULE FOR RATING DISABILITIES--Table of Contents

Subpart B_Disability Ratings

Sec. 4.129 Mental disorders due to traumatic stress.

When a mental disorder that develops in service as a result of a

highly stressful event is severe enough to bring about the veteran's

release from active military service, the rating agency shall assign an

evaluation of not less than 50 percent and schedule an examination

within the six month period following the veteran's discharge to

determine whether a change in evaluation is warranted.

(Authority: 38 U.S.C. 1155)

[61 FR 52700, Oct. 8, 1996]

[eagle-eye]

This is what I found;

[Code of Federal Regulations]

[Title 38, Volume 1]

[Revised as of July 1, 2004]

From the U.S. Government Printing Office via GPO Access

[CITE: 38CFR4.129]

My medical board decision was in Oct 2003 and my seperation date was Jan 2004. Looks like this reg doesn't apply to me. I am very grateful in you looking that up.