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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?

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  • 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.

 

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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

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  • 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.

 

 

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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

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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.

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