ptsd What Were The Regs For Depression Claims In The 1970S?

[bigred1]

hi! i am helping a family member with his ptsd claim/appeal. He initially filed a claim back in mid 1970s after about 4-5 years returning from Vietnam. He attempted suicide and was sent to the va hospital for about 2 months. There is paperwork in his cfile that he filled out for a claim for depression. He was denied based on service connection. They requested his service records from his time in Vietnam and there was no evidence of that in his records. However, there is a summary from the VA hospital stating that he had experienced depression dating back to his time in Vietnam.

We are now appealing this decision, trying to get an earlier effective date (I know this is difficult to do).

I am trying to find out what the VA was required to do back then. Should they have reviewed the hosptial records? Should they have done more other than request his service records from Vietnam?

He was rated at 30% about 2 years ago, applied for increase and is now at 70%.

Any insight?

Thanks so much & good luck to you all!

[carlie]

The only way for an EED for him would be by

CUE or 3.156.

[bigred1]

The only way for an EED for him would be by

CUE or 3.156.

Right and they are the two arguments we are preparing to make. I am trying to find more specific regulations that were in effect in the 1970s that they violated when they received the claim in the 1970s.

When I talk to the VA, they keep saying that there was no evidence of service connection. That back then, they were only required to look at his service records. And that the service records did not show anything for depression or nervous disorder. He didn't seek treatment until his hospitalization 5 years after he left vietnam. We think they are wrong. He was in the hospital and stated that he was depressed since Vietnam. Of course they don't have all of his records from his 2 month stay in the hospital. They just found a few more pages that we received the past few days. He was there for 2 months, there are statements in the hosptial records connecting it to Vietnam. So what should they have done back in 1974 with that is my question.

They just flat out denied him stating " the service medical records are negative for anything referable to the currently claimed disabilities". And "Veteran has submitted no medical evidence referable to either of the claimed conditions" the last line states " nervous and earache conditions--claimed by veteran not shown by evidence of the record".

I definitely see CUE here with regard to the correct facts were no before the adjudicator (although we are not postive whether the rating officer actually had the records in their possession and just straight up ignored the evidece or if the VA hosp didn't send them), I am also looking for specific regulations they violated that were in effect at that time to make our argument even stronger.

Any help is greatly appreciated!!

Thanks so much!

[Berta]

"He was rated at 30% about 2 years ago, applied for increase and is now at 70%"

Is the rating for the same disability he applied for in 1974?

If so does he have his complete C file?

I agree with Carlie and he would have had to have had medical evidence in 1974 of the same condition that was at least at 10% ratable for this to be a CUE.

Maybe his C file would reveal the rating sheet they used for the older denial and that might contain what a CUE could be filed on.

This however:

"He was in the hospital and stated that he was depressed since Vietnam. Of course they don't have all of his records from his 2 month stay in the hospital. They just found a few more pages that we received the past few days."

This could help set up a claim under 3.156.

The regs they denied with might well be attached to the copy of that old decision, and still in his C file.

[bigred1]

"He was rated at 30% about 2 years ago, applied for increase and is now at 70%"

Is the rating for the same disability he applied for in 1974?

If so does he have his complete C file?

I agree with Carlie and he would have had to have had medical evidence in 1974 of the same condition that was at least at 10% ratable for this to be a CUE.

Maybe his C file would reveal the rating sheet they used for the older denial and that might contain what a CUE could be filed on.

This however:

"He was in the hospital and stated that he was depressed since Vietnam. Of course they don't have all of his records from his 2 month stay in the hospital. They just found a few more pages that we received the past few days."

This could help set up a claim under 3.156.

The regs they denied with might well be attached to the copy of that old decision, and still in his C file.

Yes, we have his C file. The rating sheet from 1974 is very basic. It states:

Supplemental claim

SC for nervous condition and earaches

Rating decision of date (1969) denied s SC for left ear infection as not shown by the evidence of the record

Veteran now claims SC for nervous condition and earaches.

The service medical records are negative for anything referable to the currently claimed disabilities.

Veteran has submitted no medical evidence referable to eitehr of the claimed conditions

NERVOUS AND EARACHE CONDITIONS--claimed by veteran not shown by the evidence

Interesting that we just found a VA form 10-7131 from records in St. Louis, which is an internal form from the adjuticating officer to the VA hospital, dated 20 days before they denied his claim for nervous condition, requesting the hospital summary, special form and another form, I can't read b/c there is writing over it. He was still in the hosptial when they denied the claim. He was there for 2 months.

[john999]

I don't know if he can claim PTSD in 1974 because the DX did not exist. If he had no medical DX or treatment for depression or "nerves" during his service and did not apply for benefits within a year of discharge the MDD or any other chronic mental disorder may be difficult to connect to his service. I was connected back in 1973 for a "nervous condition" schizophrenia because the VA seemed to just not have the vocabulary for anything besides personality disorder or neurosis or psychosis. I can say my rating was a sham. I was clearly 100% disabled but the VA did not even ask about that, only my hospital adjustment. I was ok in the hospital so I was only slightly disabled according to the VA.