ptsd Question?

[Buck52]

If a veteran is already rated SC 90% Combined rating and VA rater jump him up to the extra scheduler to get TDIU P&T For only one SC disability because this disability keeps him from working and his age is over 55 & He Had this rating over ten years concurrent AS to be of nature with no future exams schedule.

Now Another disability as come up

And the VAMC PCP Doc sends Him to MH and MH Doc & a NP diagnose him with MDD/PTSD.

Does this veteran need to file a new claim for the metal disorders? or will the VA send his medical records to his Regional Office for A Expedite /Forward claim? and the veteran don't have to do anything?

or should he try to gather evidence/stressors ect,,ect,, and Get this Mental Disorder SC?& Rate %and expect a C&P for this new condition? of course be his choice.


Trying to help a veteran and I'm not very familiar with the MDD/PTSD Regs just from what I Read I can't find anything on this type question?
......Thanks


......................Buck

Edited June 26, 2015 by Buck52

[broncovet]

When in doubt, apply.

EXCEPTION: Dont apply for a new claim if your claim is already in appeals.

Time after time, Veterans "wait" to apply until xxx event happens. This almost always costs retro, as the effective date can not be earlier than the date applied. (There are a few exceptions to this such as when the Veteran just got out of the service, within a year)

Even if VA was "supposed" to infer the claim and do it automatically, you can (and should) apply. If they dont award the right effective date, you will have an opportunity to appeal the effective date and force VA to do what they should have done in the first place.

If your Vet thinks he is eligible for PTSD or he thinks he is eligible for an increase, by all means apply.

Even if your Veteran is 100%, he should apply for benefits as SMC S is a distint possibility, under Bradley vs Peake, if he gets to 100 plus 60.

Edited June 26, 2015 by broncovet

[TexasMarine]

Your veteran has had a rating in excess of 10 years and is over 55. It's been quite a while since he's left the service.

As broncovet says, by all means apply. I totally agree, regarding the retro determination.

However, I would caution, that experience shows attempting to prove service connection for mental health is very hard, unless the STRs indicate in-service treatment, or, bonafide stressor events can be proved, especially after such a long time has elapsed.

That said, I would lean towards the MDD (Manic Depressive Disorder?/ Bipolar) as opposed to the PTSD in this case as MDD is known to be "triggered" later in life, where PTSD tends to show up earlier. Again, that depends on STRs.

I believe that a new application is called for, unless (unsaid) the MH conditions are related to the primary disability already on file. In that case wouldn't it be a secondary disability?

TexasMarine

[Buck52]

Well according to his spouse he has had these conditions for a long time he just would not tell anyone, has they worsen over the years, he has a stressor that could cause this MDD or PTSD, However I don't think its documented ?

That's why I ask if he could go on the presumption that it indeed happen while in a combat area (reasonable doubt goes to the veteran)

And ''Texas Marine'' maybe your correct it could possible be secondary to his primary disability on file.

He would need his PCP doc to state this...or His MH Doc

Thanks Guys.

.................Buck