How Would I Start A Claim?

[Voslik]

Morning,

Going to try and cut right to the chase. Marine Veteran with 1 year service, discharged with "personality disorder" that was diagnosed as an pre-existing condition. That's my first question, I have my entry records showing my exams were clean and I entered on a clean bill of health. Is there any way to correct this? Since I was in the Marines and had left I have been having issues ever since. As of late I was finally pushed into seeing a therapist and psychiatrist. The standing right now is a diagnosis of PTSD and Schyzotypal Personality Disorder (Cluster A), they are both concerned that these are service connected and I agree. How and what do I need to submit from the therapists to the VA to get my claim rolling.

It's been suggested that I quit work and file for disability as my conditions have become severe enough to interfere with work and my interaction with the outside world. I have my OMPF, Medical records, and DD214. I can get any written statement from the docs to forward for my claim so that the VA will consider doing an eval. Any advice is helpful.

At the very least I need to get the particular reason for my discharge corrected, I didn't have any issues mentally or physically when I entered and I have documentation to prove so as well.

Thank you all.

[Voslik]

Rather than the "Hope" method, I am willing to do this the proper way. I have my medical records, my OMPF, and service documents. My OMPF is on disc, and the others are hard copy. I'm not sure what I am looking for as far my documents go but I will search hadit for leads I suppose. As mentioned I am seeing professional help at this time too, I'm on the ill side of things right now and will be leaving my job soon. I'm willing to do what I need to win I suppose.

My only concern is I don't see any documentation in my medical records from when I saw the division psychiatrist. There is documentation of his recommendation stating that I have a "personality disorder NOS" and type of discharge recommended. I was seen at an ER in service and that is documented. Am I missing documents perhaps?

[Voslik]

I will look up my local VSO as well too.

[carlie]

My only concern is I don't see any documentation in my medical records from when I saw the division psychiatrist. There is documentation of his recommendation stating that I have a "personality disorder NOS" and type of discharge recommended. I was seen at an ER in service and that is documented. Am I missing documents perhaps?

Documentation of a PD on active duty will be difficult to overcome.

JMHO

[Voslik]

Found all the information I need right now. I just need to wait until the diagnosis from my therapist and psychiatrist are in ink so that I can file them with my claim. I'm also filing for state disability as well at the recommendation of the two professionals I'm seeing. I'd rather not even go through the VA but I was discharged based on false facts. I've never seen a therapist, counselor psychologist, or psychiatrist until AFTER I was done discharged from the Marine Corps.. I don't know how it was considered a pre-existing condition.

Both the psychiatrist and therapist feel what they have received from me and the documents they have read from my military documents, provided by me, that they don't think that I had a pre-existing condition and it's not noted anywhere either. To make a judgement as such they have said there is either something missing from my files or an error has been made. Though I am not a combat veteran, they have explained that there are many factors that could have lead to PTSD and the schyzotypal personality disorder that I have now. They said that life events that happened after the Marines obviously made them worse, however, they feel that the issues all point back to the Marine Corps..

I'm trying to take care of myself, this is all new for me and I have been in denial for years, pretending as if everything is fine and lying so that I don't get thrown in some hospital. It explains alot though. Why I can't keep jobs for more than a year, the violent behavior towards everyone including family.

I've reached out to a forum to help me get to were I need to be because honestly, I am truly in a bad state and am trying to figure stuff out. I'm having a hard time understanding some of the things people are saying too because I am not to familiar with the abbreviations and terms or how they are used. I can't concentrate long enough to compile anything so that it will make enough sense to relay to my VSO , therapist, or psychiatrist At this point I am thinking of admitting myself into a hospital because I'm in pain and this isn't good for me or the world.

I'm just trying to take care of me. Thanks.

Edit:

Is there a way to get documents that were recorded by the psychiatrist? I was sent to anger management and like 4 other unit ordered classes for weeks after being sent to the psychiatrist. They put me on suicide watch and restrictions to work duty. I don't see any documentation of it in my records though.

Edited April 6, 2013 by Voslik

[broncovet]

Voslick

There is a "presumption" that, when you entered military service, the docs who examined you did their job. In other words, you are presumed to be healthy and fit for duty, after your entrance physical, except what was noted on your physical exam.

The VA will have to try to rebut this presumption of soundness, but will have to have evidence to do so. Unless the VA can cough up a statement by you, that you had been treated for depression or something similar, in high school, then you are presumed to be healthy and fit for service when you got in. This is important because if you are not healthy now, you need only a doc to state that your depression/ptsd/etc is at least as likely as not related to military service.

Carlie is right that it is hard to overcome a diagnosis of personality disorder, but, keep in mind that you need to demonstrate symptoms in service, not necessarily a diagnosis. Your diagnosis can change...based on new symptoms, based on better medical information, etc.

[broncovet]

I will also explain that a lack of evidence is not the same thing as negative evidence, but the VA regurarly makes this mistake. Please allow an example:

You apply for benefits and the VA can not locate anything in your record describing, say, a knee injury. Does this mean that you did not have an injury? No. It means the VA can not (or will not) find anything in your record documenting it. It may mean they did not look very hard! This is "absence of evidence".

On the other hand there is "evidence of absence" and these are not the same thing! If you go to the doc, and he does an x ray, and says, "There is no evidence of any broken bones, ever, on your x ray"....now this is "evidence of absence". Its good evidence, against your claim. You dont have any broken bones, the doc says so. But it is far different than simply not being able to find your records. Or, sometimes, there never was a record! As an example, if you were treated in battle, the medic may have had better things to do than to document your injury...like maybe staying alive.