usc 38 section 1702 psychosis gw/mental

[laceup541691]

ok so this is my situation... I filed a claim back in 2011 and then i changed addresses and lost touch with the VA system for a few years. I was recently inpatient in Richmond, VA and some of my vet buddies showed me a few things. On ebenefits under disabilities it says that I am N.A under percentage. under disabilities it says...

Disability	Rating	Decision	Related To	Effective Date
acquired psychiatric disorder, also claimed as severe anxiety disorder and manic depression		Not Service Connected
acquired psychiatric disorders, also claimed as severe anxiety disorder and manic depression (38 USC Section 1702)		Active Psychosis/GW Mental

 

now i never presented any evidence for my claim, they requested , i can now see that i show med evidence and all that..since i never responded it was closed in 2013. 

I just filed last week for low income pension. Idk if i will get it. I know 1702 is for treatment purposes but if i reopen my claim and submit all my evidence plus some other things can i get compensated. I fall within the one year presumption for psychosis and i got all evidence for that, 

Has anyone went through anything like this before?? thanks for any help im 32 with six kids and i do have HUD VASH. any compensation would help alot. Or pension.

[Berta]

http://community.hadit.com/topic/43631-chronic-presumptive-regs/

By all means file under Chronic Presumptives, if you meet the criteria in this regulation and  you have the evidence for that, in your SMRs.

I am surprised they did not SC psychosis in your past claim, but maybe they didn’t have a diagnosis that specifically stated psychosis at that time.

Did they list your SMRs as evidence when they rendered the past denial?

If you succeed in this claim, maybe there was a CUE committed in the last denial ,that could produce more retro.    Hard to know at this point.

You need to get a copy of  the denial decision. Maybe it is at ebenefits under historic stuff?

There could be some other reason they denied.

[broncovet]

By all means, apply, and follow up this time, if you feel you have a SC condition, or if you feel entitled to pension.  For pension, you will have to meet a needs test, which pretty much means you have a household income of 27,000 or less if you have 6 dependents.  

You can figure it up, here, as I dont know if you are married.

http://benefits.va.gov/PENSION/current_rates_veteran_pen.asp

The pension is easier to get than compensation as long as you served "in wartime" and meet the household income requirements.  There is also a net worth requirement, but if you have low income and six kids that should not be all that difficult.  

Wartime periods, for VA pension, are here:

http://www.benefits.va.gov/pension/wartimeperiod.asp

Im not exactly sure if by "low income pension" you mean social security, but the VA may be more, especially because they add about 2100 for each dependent.   If you DO get SSI, then that may be deducted from your Veterans pension, but it would not hurt to apply for both and see.  

Do you have a Veterans service officer?  In your case this may be a great idea to help you fill out the paperwork, and know the addresses where to send it, but you can, as an alternative, get that information here, as not every Veteran has a good result with a VSO, including myself.  You can usually find a VSO at your local VAMC or check the phone book.  

Its perfectly acceptable to apply for and accept VA pension while you are awaiting the VA to process your compensation application.  You wont get both, you just get the greater of the 2.  If you get social security disability,  then the law allows you to collect that AND Veterans compensation at the same time.

In every case, you want to keep VA informed of your current address, and do so promptly each time you move.  I can not tell you how many Vets have lost out on benefits because they moved, VA sent them a letter, and the Veteran did not respond.  The VA can send you a letter requiring you show up for a C and P exam, or request more information, or send you a denial that you have to appeal within a year or lose out.   Sometimes, the VA can deny if they cant find your records, and if you help them find them, you can get your benefits, but if you dont help, you are out of luck.   

     I caution you not to expect any money from VA quickly, so you need to try other resources while you are waiting on VA.  Your VA will be a minimum of about 6 months, and most Veterans it takes 5 years or more to actually get money from VA, since most of us have to appeal.    If things move extremely well for you, its possible to get pension is less than 6 months, but that would be an exception.  You see, the VA tends to move your claim until they find a "glitch", and then it stops.  You have already had one glitch, because you did not give VA your address, so expect more.  I have only heard of one "glitchless" claim since I applied back in 2002, and that was when the Veteran had all their medical records and submitted everything at the same time, not counting on VA to obtain any records.   You will have to be proactive, find out what the glitches are, and fix them, not counting on VA to fix anything for you.  

Edited February 15, 2016 by broncovet

[laceup541691]

thank you guys for responding to my situation.Yes I am married and she is a vet who served honorably in the reserves but was never activated so she dont get health benefits. I filed for the pension because i do qualify for low income. Three of my kids and my wife are listed as my dependents on the pension. I pay child support and only have the others half of the year as i share with their moms. my wife makes 12,000 a year so i am guessing i would get the rest up to 25,000(which is what my family would have to make a year). I had a DAV rep help me with the pension forms and the forms to add my depenedents. I do have HUD VASH housing so that helps bc they are paying my rent right now since i was just inpatient at the VA in richmond. I do have a VSO representative who didnt even know anythign about the wartime pension I found out from a buddy that recieves it, she doesnt really act like she wants to help me. So on my own behalf I gave permission to the VA to get my civillian medical records from 3 different places and I faxed them my permission. 

so on ebenefits this is what it says from the time i put in the claim and moved and never responded...

06/09/2011Compensation05/14/2013

• Development Letter Sent
• Decision Notification Sent

 

• Needed from You
• Needed from Others
• All Uploaded Documents

• Request 1

  Due Date: Not Available Status:  No Longer Needed

  Unemployability - 21-8940 needed

• Request 2

  Due Date: Not Available Status:  No Longer Needed

  Employment info needed - 21-4192 to veteran

• Request 3

  Due Date: Not Available Status:  No Longer Needed

  Continuity - med evid since service needed (fatigue)

• Request 4

  Due Date: Not Available Status:  No Longer Needed

  Continuity - med evid since service needed (liver condition)

• Request 5

  Due Date: Not Available Status:  No Longer Needed

  Continuity - med evid since service needed (manic depression)

• Request 6

  Due Date: Not Available Status:  No Longer Needed

  Continuity - med evid since service needed (severe anxiety)

• Request 7

  Due Date: Not Available Status:  No Longer Needed

  Continuity - med evid since service needed (jaundice)

• Request 8

  Due Date: Not Available Status:  No Longer Needed

  Continuity - med evid since service needed (hepatitis C)

• Request 9

  Due Date: Not Available Status:  No Longer Needed

  VCAA Notice Response

• Request 10

  Due Date: Not Available Status:  No Longer Needed

  Hepatitis questionnaire

• Request 11

  Due Date: Not Available Status:  No Longer Needed

  Direct deposit/EFT solicitation

• Request 12

  Due Date: Not Available Status:  No Longer Needed

  VA Form 21 4138 General Request

   

   

  then under needed from others...

   

  Request 13

  Due Date: Not Available Status:  No Longer Needed

  Requested military hospital records from <Military Hospital>.

  Request 14

  Due Date: Not Available Status:  No Longer Needed

  C02 Military retiree outpatient records

   

   

   

  I am waiting on my records from some hospitals to submit with my claim. also i am filing for some things that i had while i was in service that i never knew i could file for such as GERD. 

   

  How do I file under chronic presumptives? is there a seperate form to do that with? what happened was the year I was out of the army I was in a civilian hospital and they kept me in ICU for two weeks and then i went from there to a VA hospital bc i didnt know i had benefits, and I was in the Psych ward for two weeks and completed a SA program. Thats when I was diagnosed with all of the mental stuff. But all of that was the year i got out and in my understanding that is considered presumptive and should be service connected. Am i wrong? Also since it is under 38 1702 does that make it uncompensable or can i still get disability compensation if i just file for it and prove that.?

   

  I am very proactive and am now working hard to get all of my records in order and everything before i file. My intent to file date is July 2016. I just want to make sure i have all the evidence and that way there are no glitches. My address has since been corrected and it is in all the VA systems. I was homeless and bouncing around before and that is why i never got my decision letter. Its not in my historical stuff under ebennies so idk where i would go to get that?

   

 

 

[Berta]

I feel you need a good vet rep who understands the Chronic Presumptive regulations.

We had a major ice storm here this past week and I lost power for almost 2 days and find I am now confused here on your posts.

What claim do you have pending now?

Were you denied by VA for any MH claim yet?

If so can you scan and attach the Reasons and  Bases part here and the Evidence list in the decision....cover C file number, name, prior to scanning it.

If you had documented evidence of a psychosis, disabling at least at 10% within that first year after your discharge,(it seems you do have evidence for all that) the claim can be filed under the Chronic Presumptive regulations.

If you were denied already for any MH issue, then that denial might contain a CUE.

A new claim under the Presumptives will only garner retro comp, if the claim succeeds, back to the day you file the claim.

Is it at all possible that, when you were hospitalized, someone from a vet org or a VA counselor filed a claim for you when you were hospitalized?

 

 

 

[laceup541691]

Hi Berta, thank you very much for responding and taking the time to give me your thoughts. I am the same vet that posted about the tent fire. to answer some of your questions...

What claim do you have pending now?

I dont have a claim in yet. In July 2015 i met with a VSO rep and she took some information and just filed an intent to file. I am supposed to meet with her this week i was just gathering all of my evidence. I did send in the forms to the VA giving them permission to get all of my civilian medical records.Is there a certain way to go about filing for "chronic presumptive regulations"? 

Were you denied by VA for any MH claim yet?

I guess that I was denied on the claim but i dont know because i never recieved the decision packet due to moving. i think because of the 38 usc section 1702 i am non service connected for treatment purposes?? I am going to call the rep for me tomorrow and ask her if she can look it up. because it says that the same place represented me in 2011 on the claim.

Status of Your Claim

COMPLETE

• Submitted: 06/09/2011 (Compensation)
• Claim Closed: 05/14/2013
• Disabilities Claimed:  severe anxiety (New), manic depression (New), individual unemployability (New), liver condition (New), fatigue (New), hepatitis c (new)
• Representative for VA Claims: VIRGINIA DEPARTMENT OF VETERANS SERVICES
• Current Status: Complete 

this is what it shows under historical claims

 the only information i have is what is on Ebenefits.

the hospital that i was in the first year i was out is mailing me the records and i have already gave the va permission.so that will prove the psychosis within the first year.

How do i file a CUE?

yes it is possible that when i was hospitalized someone filed a claim for me.im sorry but i cant remember. ;( 

I wish you were able to help me file my claim. Lol

I dont think that my rep right now will know what i am talking about because she didnt even know what the low income pension was. but idk i will ask her tomorrow.

I posted what they must have asked me for earlier under the needed from you part. 

so you are saying that there is a possible retro comp for this if i succeed? also i wanted to add the tent fire and everything to this claim. so even tho i would be reoppening the claim can i add more to it?