Jump to content
  • Latest Donations

  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

Sponsored Ads

  • Searches Community Forums, Blog and more

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • Available Subscriptions

  • 0
Sign in to follow this  
BuddyLoveAK

38 USC Section 1702 vs 0% SC

Question

Hello,

I was wondering if someone could explain the differences between Depression 38 USC Section 1702 Active Psychosis/GW Mental and SC Depression 0%. I know that 38 USC Section 1702 allows you to get treated for the condition, but how much are they admitting service connection of the condition? With 0% I can just apply for an increased rating, but with 38 USC Section 1702 is it similar? I have 38 USC Section 1702, so do I have to demonstrate service connection in order to get it rated?

Share this post


Link to post
Share on other sites

5 answers to this question

Recommended Posts

  • 0

Do you have a documented "0" NSC or a "0" SC rating from VA.

Is this the citation you are referring to:

38 U.S. Code § 1702 - Presumptions: psychosis after service in World War II and following periods of war; mental illness after service in the Persian Gulf War

Current through Pub. L. 114-38. (See Public Laws for the current Congress.)

§ 1702.
Presumptions: psychosis after service in World War II and following periods of war; mental illness after service in the Persian Gulf War
(a)Psychosis.—
For the purposes of this chapter, any veteran of World War II, the Korean conflict, the Vietnam era, or the Persian Gulf War who developed an active psychosis (1) within two years after discharge or release from the active military, naval, or air service, and (2) before July 26, 1949, in the case of a veteran of World War II, before February 1, 1957, in the case of a veteran of the Korean conflict, before May 8, 1977, in the case of a Vietnam era veteran, or before the end of the two-year period beginning on the last day of the Persian Gulf War, in the case of a veteran of the Persian Gulf War, shall be deemed to have incurred such disability in the active military, naval, or air service.
(b)Mental Illness.—For purposes of this chapter, any veteran of the Persian Gulf War who develops an active mental illness (other than psychosis) shall be deemed to have incurred such disability in the active military, naval, or air service if such veteran develops such disability—
(1)
within two years after discharge or release from the active military, naval, or air service; and
(2)
before the end of the two-year period beginning on the last day of the Persian Gulf War.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1141, § 602; Pub. L. 90–77, title II, § 203(a), Aug. 31, 1967, 81 Stat. 183; Pub. L. 97–295, § 4(16), Oct. 12, 1982, 96 Stat. 1306; Pub. L. 99–576, title VII, § 701(20), Oct. 28, 1986, 100 Stat. 3292; Pub. L. 102–25, title III, § 334(b), Apr. 6, 1991, 105 Stat. 88; renumbered § 1702, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 110–181, div. A, title XVII, § 1708(a)(1), (2), Jan. 28, 2008, 122 Stat. 493, 494.)
Amendments

2008—Pub. L. 110–181, § 1708(a)(2), substituted “Presumptions: psychosis after service in World War II and following periods of war; mental illness after service in the Persian Gulf War” for “Presumption relating to psychosis” in section catchline.

Subsecs. (a), (b). Pub. L. 110–181, § 1708(a)(1), designated existing text as subsec. (a), inserted heading, and added subsec. (b).

1991—Pub. L. 102–83 renumbered section 602 of this title as this section.

Pub. L. 102–25 substituted “the Vietnam era, or the Persian Gulf War” for “or the Vietnam era”, struck out “or” before “before May 8, 1977”, and inserted “or before the end of the two-year period beginning on the last day of the Persian Gulf War, in the case of a veteran of the Persian Gulf War,” after “Vietnam era veterans,”.

1986—Pub. L. 99–576 struck out “his” before “discharge”.

1982—Pub. L. 97–295 substituted “before February 1, 1957, in the case of a veteran of the Korean conflict, or before May 8, 1977,” for “or February 1, 1957, in the case of a veteran of the Korean conflict, or before the expiration of two years following termination of the Vietnam era”.

1967—Pub. L. 90–77 made the presumption relating to psychosis applicable to any veteran of the Vietnam era who developed an active psychosis within two years after his discharge from active service and before the expiration of two years following termination of the Vietnam era.

Effective Date of 1967 Amendment

Amendment by Pub. L. 90–77 effective first day of first calendar month which begins more than ten days after Aug. 31, 1967, see section 405 of Pub. L. 90–77, set out as a note under section 101 of this title.

 

LII has no control over and does not endorse any external Internet site that contains links to or references LII.

  • Like 2

Share this post


Link to post
Share on other sites

Ad

  • 0

Here is a screen shot of what it says on my eBenefits page.

Yes, that is the information I saw when I looked it up.

Thanks!

Screen Shot 2017-06-04 at 10.01.36 AM.png

Share this post


Link to post
Share on other sites
  • 0

That does not help us much.

Do you have documentation from VA , maybe in the decision that gave you 20% SC...that says whether the "0" Is NSC or SC?

There is a big difference.

A zero SC is a foot in the door and could go higher with a claim for higher rating and medical records to support the higher rating criteria.

To turn NSC "0" into SC "0" will be more difficult but nothing is impossible.

The best thing you can do is file the claim.Is the depression a diagnosis from the VA?

They will still need to confirm an inservice nexus- that is- the link or cause,inservice, of the depression.,,,unless they gave you a SC  rating at "0" for it already meaning they did confirm the inservice nexus.

 

 

  • Like 1

Share this post


Link to post
Share on other sites
  • 0

Here is what they wrote in the documentation about the depression. They don't mention whether or not it's SC. The 20% is for my foot, a separate issue. The VA diagnosed me with depression after discharge and several years later changed it to bipolar disorder following a manic episode. I was discharged with a personality disorder, but that was a bogus diagnosis so they wouldn't have to compensate me after giving me a real diagnosis. My current doctors say I was most likely having a manic episode and that's what led to my discharge. But this is the only documentation I've received from them regarding depression.

 

Screen Shot 2017-06-04 at 1.43.28 PM.png

Share this post


Link to post
Share on other sites
  • 0

I'm confused about nexus. What would a nexus be for depression/bipolar? Would erratic behavior/cutting be a nexus? Because there is no one incident I can point to and say "here, look that caused bipolar depression", it's more like a combination of behaviors/symptoms that occurred inservice and then reoccurred several years later.

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  

  • Ads

  • Ad

  • Latest News
  • Our picks

    • SHOW YOUR SUPPORT: Ad Free Subscriptions to the Forum available
      Ad free subscriptions are available for the forum. Subscriptions give you the forums ad free and help support the forum and site. Monthly $5 Annually $50 https://community.hadit.com/subscriptions/

      Every bit helps - Thank you.

       
      • 0 replies
    • Choosing a VA Disability Attorney Means Learning What Questions to Ask
      Choosing a VA Disability Attorney Means Learning What Questions to Ask. Chris Attig - Veterans Law Blog 

      <br style="color:#000000; text-align:start">How to Hire an Attorney For Your VA Claim or Appeal Free Guidebook available on the Veterans Law Blog

      I got an email the other day from a Veteran.  It had 2 or 3 sentences about his claim, and then closed at the end: “Please call me. So-and-so told me you were the best and I want your help.”

      While I appreciate the compliments, I shudder a little at emails like this.  For 2 reasons.

      First, I get a lot of emails like this.  And while I diligently represent my clients – I often tell them we will pursue their claim until we have no more appeals or until we win – I am most assuredly not the best.

      There are a LOT of damn good VA Disability attorneys out there.  (Most, if not all, of the best are members of the National Organization of Veterans Advocates…read about one of them, here)

      Second, I don’t want Veterans to choose their attorney based on who their friend thought was the best.  I want Veterans to choose the VA Disability attorney who is BEST for their case.

      In some situations, that may be the Attig Law Firm.

      But it may also be be Hill and Ponton, or Chisholm-Kilpatrick, or Bergman Moore.  Or any one of the dozens of other attorneys who have made the representation of Veterans their professional life’s work.

      There are hundreds of attorneys that are out there representing Veterans, and I’m here to tell you that who is best for your friend’s case may not be the best for your case.

      How do you Find the Best VA Disability Attorney for your Claim?

      First, you have to answer the question: do you NEED an attorney?

      Some of you don’t...
      • 1 reply
    • VA Emergency Medical Care
      VA Emergency Medical Care
      • 3 replies
    • Veterans Appeals Improvement and Modernization Act
      Veterans Appeals Improvement and Modernization Act
      • 0 replies
    • Thanks Berta for your help. I did receive my 100% today for my IU claim on 6/20/2018. It only took 64 days to complete and it is p&t. Thanks for your words of wisdom. 
×

Important Information

{terms] and Guidelines