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Rockhound

Medical Discharge For Mental Reasons

Question

I was reading up once again on schedule for mental disorders and I came across were if a Vet

is dishcharged for mental reasons that procluded his remaining in the service, he is supposed

to be rated at 50 percent untill he has a review within the proceeding 6 months.

Can someone explain this to me? I was discharged due to a mental problem and instead of

getting a tempory rating of 50 percent, I got nothing while my claim was being reviewed.

Is this grounds for asking the VA to call a CUE on themselves for not giving me the temporary

rating of 50 percent.

For those who know my claim, it seems like I should have automaticaly gotting a disability rating

piad from the date of discharge and until the date they declined my claim due to a change in diagnosis.

Which to this day, I claim they emproperly changed the diagnosis , Not having given the proper

certification by the C&P Examiner in his reason and basis and by the VA rep for not seeing that it

was done. What I am say is that the c&p examiner did not give the necessary certifying stated, that his

current diagnosis was being given, currecting the enitial diagnosis given while I was in the service and

for which I was discharged from the service also.

The c&P examiner did no testing of any sort to debunk all the tests I was given to come to my enitial

head injury played, when he came about changing the initial diagnosis of a mental disorder, to that

of a personality disorder.

Recent testing shows that there well have been a coraltion of the head injury and his current diagnosis,

that would have led to a diagnosis of a personality disorder or mental disorde due to a medical reason

I'n beginning to ramble again so I;ll leave it at this,

Rockhound Rider

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3 answers to this question

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I was reading up once again on schedule for mental disorders and I came across were if a Vet

is dishcharged for mental reasons that procluded his remaining in the service, he is supposed

to be rated at 50 percent untill he has a review within the proceeding 6 months.

Can someone explain this to me? I was discharged due to a mental problem and instead of

getting a tempory rating of 50 percent, I got nothing while my claim was being reviewed.

Is this grounds for asking the VA to call a CUE on themselves for not giving me the temporary

rating of 50 percent.

For those who know my claim, it seems like I should have automaticaly gotting a disability rating

piad from the date of discharge and until the date they declined my claim due to a change in diagnosis.

Which to this day, I claim they emproperly changed the diagnosis , Not having given the proper

certification by the C&P Examiner in his reason and basis and by the VA rep for not seeing that it

was done. What I am say is that the c&p examiner did not give the necessary certifying stated, that his

current diagnosis was being given, currecting the enitial diagnosis given while I was in the service and

for which I was discharged from the service also.

The c&P examiner did no testing of any sort to debunk all the tests I was given to come to my enitial

head injury played, when he came about changing the initial diagnosis of a mental disorder, to that

of a personality disorder.

Recent testing shows that there well have been a coraltion of the head injury and his current diagnosis,

that would have led to a diagnosis of a personality disorder or mental disorde due to a medical reason

I'n beginning to ramble again so I;ll leave it at this,

Rockhound Rider

Rock,

You were separated from service when ______________ XX/XX/XXXX ?

I believe the reg went into effect after you were separated but I can't remember

when you got out.

reg you refer to relates to a mental disorder due to a stressful event, followed by a discharge

due to this,

I do not think this reg relates to a physical injury such as a concussion.

The mental health reg you have referred to, I believe is:

§ 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]

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Hey Rockhound,

If this is the reg you are referring to :

§ 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]

Then I would interpret it as follows.

You must have had a Mental Disorder as a result of Traumatic stress for this to apply. If you have PTSD etc. then you could definitely call CUE regarding the situation you outlined in your post..

However, If as Carlie said, you have a concussion, this is not considered a traumatic stress injury, and this reg would not apply to your situation.

Edited by hawkfire27

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Rock,

You were separated from service when __1970____________ XX/XX/XXXX ?

I believe the reg went into effect after you were separated but I can't remember

when you got out.

reg you refer to relates to a mental disorder due to a stressful event, followed by a discharge

due to this,

I do not think this reg relates to a physical injury such as a concussion.

The mental health reg you have referred to, I believe is:

§ 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]

Carlie: good to hear from you. I guess I should have gone into more detail. the highly stressful event was the mental disorder, not the concusion. The mental disorder was diagnosed as an acute schuzophrenic episode. The episode I will explain.

Wile serving in the capacity as a security guard, for a Naval Hospital. I spent spent on duty, as well as off duty combined, nearly 36 hrs, before I retired to my apartment off base. Having not reported for duty after my liberty was up, which was unchacteristic of me, a fellow duty mate was dispatched to check on me at my apartment. The duty mate,

unable to get any response from me at my front door, tried to make entry by way of my upstairs bedroom window, which was open. It was at this time, and I can only go by what I have be told. I began shooting at random with my personal off duty weapon. When other personel were called to the scean and made entry into my apartment, I was found in a catatonic state and unresponsive. The concusion came a few days later when, while heavily medicated on psych drugs, I apparently tried to take a shower. I passed out and fell, hiting my head on the oppisite shower stall's splash guard.

It was the acute schizophrenic episode that I am claimin as the highly stressful event that was severe enough to bring about this veteran's release from active military service,

The concussion came after the mental episode and what could well have caused the personality to have changed and this is what the c&P Examiner should have taken into account when he made =his diagnosis and also should have made it clear to all by giving the certification, that his diagnosis was a change in diagnosis, rather than what he stated was that at this time, he was diagnosing a personality disorder and that he could not fully support the seperate diagnosis of schizophrenia.

I have taken the statement, of not fully supporting the diagnosis of the mental disorder to mean,That although he did not agree fully with the other Dr;s , he could not fully concur

yet not clearly saying the diagnosis was wrong. Leaving one to believe that his diagnosis of a personality disorder was a new diagnosis and not one currecting a prior diagnosis.

I leave this for further discussion.

Rcokhound Ridersmile.png

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