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§ 4.129


Rockhound

Question

§ 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]

How does one one get assigned this evaluation. It seems pretty clear. one meeting the standerds noted above, should get 50% for at the vary least, for six months or when the VA gets arround to scheduling an examination to determine whether a change in the evaluation is warranted.

I need to know, any help is appreciated

Rockhound rider

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Addition to main topic, CFR § 4.129:

My origalnal diagnosis was for an "Acute Schizophenic Episode", which precipitated me taking a hand gun and from what I was told, first I took a shot at a fellow serviceman, whose only mistake he made was checking up on me, at my appartment, when I didn't show up for duty,.which was vary uncharateristic of me, and then shoting at bothe USNV Security personel and city police in respose to my first shot. shortly after which I fell into a catatonic state, which lasted two or three days. I came back to my senses, either just before I woke up and decided I needed a shower, or after having passed out upon intering the shower stall, and falling across the isle, fracturing my nasal bone, knocking me out once again, noting later, a concusion as well. which was backed up by multiple EEG's tests, showing abnormally slow wave forms

Anyways, the episode was severe enough, that I was medically discharged for it. Th Navy Dr,s even stated I was no longer fit for duty, even after the VA subsiquitly change the diagnosis to a personality disorder. I should have been able to return to active duty. but after having applied to the local National Guard, passing all ther requirments, I was turned down, not for a personality disorder, but because of the original diagnosis of an Acute Schizophrenic episode. Not even for the head injury, which could have had an affect on the personality disorder, to begin with.

I have a claim for increase on my fractured nasal bone, which at the BVA now, but it is taking so long. I want to put a claim in for my head injury, so I can start the clock, but I am afraid it will slow my claim at athe BVA even more so.

It's late or early depending on your mind set, reply if you can help me figure this out, or just want to give you two cents woth in.

Rockhound Rider

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