Will I be approved for a va disability compensation?

[Hope_Solo]

I am still in the Air National Guard and my ETS is next month, I am about to get out. I also recently just got back from deployment last month and I feel like my mental health got worse. Ever since joining the military, I've developed all sorts of mental issues such as anxiety, depression, paranoia, nightmares, sleep paralysis. I never really seek help or treatment for it until now (my last 2-3 months in the military), because I feared disciplinary actions or retaliations if I went to our medical clinic for these while I was still in. I didn't wanna get kicked out or just by being a "problem" to my chain. I really feared letting anyone on-base know about it until now that I am about to get out next month. Anyway, I just started going to the clinic and mental health and we are in the works of getting a referral to an actual psychiatrist. The psychologist/advisor there told me that I would definitely need medications for my mental condition. How likely am I to get approved for va disability compensation? even though I will be getting treatment and diagnosis after getting out of the military? I am just worried I might not approved just because I'm already out of the military when I get to start getting treatment and diagnosis. The psychiatrists here in my area are fully booked and they dont have available appointments until next month which is my last month in the military.

[Berta]

I am assuming you mean you might have PTSD...or an acquired psychiatric disorder ????

and that has not been determined yet .

But if you claim PTSD, the diagnosis will have to come from a VA MH professional, due to the  2010 PTSD regulations ,available here under a search.

If you were incountry OEF and/or have the PH, CAR, or CIB on your DD 214 the VA will concede stressor,in most cases.

This BVA case shows what info you will need for a successful VA claim. 

A diagnosis of PTSD(from a VA MH professional) or a diagnosis of any of the MH conditions,

and a service nexus to that speciic condition.

The "nexus" means the cause or reason for the MH disability.

This NG vet had been denied but had attempted re open the claim for PTSD with New and Material evidence.

Apparently he not sufficiently defined his stressor during the progress of his initial claim.

At the BVA hearing he did define an incident ,that he has had corroborated with 'buddy statements' and is a stressor event.

The remand is only a re-opening and not an award but, had this veteran gotten the evidence he needed sooner than later, maybe his claim would have been resolved by now.

The stressor happened within his period of NG service.

The buddy statements if prepared correctly, show that the buddys were in his same NG unit, same time and place of the tank accident.The buddys hopefully gave VA their contact info and enough details to substantiate the stressor.

Since this veteran does not fall under the 2010 regulations, as to 'fear of" and close proximity to hostile fire" (OEF incountry) his stressor has to be proven to the VA.

"New and material evidence pertaining to the issue of service connection for PTSD and a mental disorder was not received by VA or constructively in its possession within one year of written notice to the Veteran of the August 2007 rating decision.  Therefore, that decision became final.  38 C.F.R. § 3.156(b). 

The additional documentation received since the August 2007 rating decision includes service treatment records associated with the Veteran's duty with the Army Reserve/California Army National Guard, VA clinical documentation, the transcript of the June 2015 Board hearing; and written statements from the Veteran and his service comrades.  An April 2014 VA treatment record states that an assessment of "anxiety disorder, probably PTSD" was advanced.  At the Board hearing, the Veteran testified that two nurses had been run over by a tank during a military training operation in which he had participated in while serving with the National Guard.  He stated further that he was receiving ongoing VA PTSD treatment.  The VA treatment record and the hearing transcript are of such significance that they raise a reasonable possibility of substantiating the Veteran's claim for service connection when considered with the previous evidence of record.  As new and material evidence has been received, the Veteran claim of entitlement to service connection for PTSD and a mental disorder is reopened. "

http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp15/Files5/1538854.txt

 

[Berta]

I forgot to add....  dont leave the military without a complete copy of your STRs and Personnel file.

Since you are still in, now is the time to get contact info from anyone in your NG unit who can verify any stressor event that would cause any MH disability from your service,if you will need their 'buddy ' statements.

I could not tell what your "deployment " was from ---if incountry OEF, the new 2010 regulations should help you.

It is not unusual for any servicemember not to want to seek help for MH issues while they are still in.

I also assume you mean you are set to see a private psychiatrist. The VA MH PTSD diagnosis is not required for other MH issues, so it pays not to lock ones self in to PTSD when other MH diagnoses might be an easier way to gain SC compensation, and any negative C & P on a MH issue other than PTSD, could then be challenged with a private diagnosis and an IMO/IME.

 

[Buck52]

Hope

Welcom to Hadit Buddy

As always Ms berta has great advice.

I may add  this

For any veteran that serves his country and has an honorable Discharge, and has had injuries or illness such as a disease while on Active duty, that veteran is entitled to compensation for his in service Injuries/Diseases  physically or mentally.

You may want to get all copies of SMR's (your in service medical records) and any private ones that you may have had while in the military and any service records like where you were station your unit what type trauma you had witness. what your MOS was  ect,,ect,,...this all can be used for evidence when you submit a claim.

You will need to provide information as much as possible of the event that  was likely as not the cause of your Mental disorder,  you can fill out the 21-526 ez and also IF YOU GET A VA Diagnosis for PTSD DSM-5 fill out the PTSD form and statement in support of claim,  your lay statement. if your married lay statement from your spouse detailing your behavior/ or your family members and close friends can also write lay statements to help support your claim.

You need to throw in everything you can that will support your claim when you first file. A well grounded claim with favorable evidence is what wins claims. be able to back up anything you say in all your claims. (be honest) & Keep all copies you send the VA  Rather by internet or snail mail, snail mail always get a green card  its called a sign certified return receipt. Remember keep all records VA Sends you   make you a personal file for ''VA ONLY'' I can't stress enough to keep all copies from VA and all you send them.(That's very important)

It's a good Ideal to organize your claim that makes it easy for them to read it,  if you index your claim   with a top sheet detailing what pages is what  by Numbers or Letters... & group your information up and describe it like  =''I have provided this information about''  see page 1 or see page 5  for example  ect,,,ect,  , you do this to make your point and  hopefully they read it.

Get a  e benefits online Account, I'll explain this later

Go over your entire claim right before you send it or push send...re read it several  times and when  your ready....SEND IT.

Also

Get get an online account set up Its called Myhealthyvet and also you can create a'' e benefits'' account, you will need to go to your local VAMC and ask to have them set you up a primary account. you provide the passwords/ one for MyhealthyVet and one for e benefits.(check at the information desk they should be able to let you know where that office is located.)

MyHealthvet is great to use to  make Copies/Notes of your health records and see what the VA Dr's say about you, The e benefits account you can check the status of your claim, add a claim or submit evidence & check on how or what the VA is doing with your  CLAIM Account  and get a dates as to win  it will be(Supposedly Adjudicated)  or if VA needs any information from you  its really convenient for the veteran.

but unfortunately its not perfect & mistakes can be made..if you find a mistake you can either point it out on your e benefits account or call the 1-800 # and ask about it asap.

Do as Ms berta suggested and you will be fine my friend.

If you need to ask any VA Related Question  just come back here to Hadit and any Hadit member will be glad to help you.

wishing you the best.

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

[waccamawwild]

Getting and submitting medical records is the key. Get help through a service organization from American Legion or Disabled American Veterans (DAV). You can also hire a attorney.