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[pacmanx1]

OK, I tried to post this response to Retired44 post and I am quite sure a lot more veterans need to see this. A veteran does not have to have a specific diagnosis.  For disability compensation and rating criteria. VA should go by the symptoms regardless of how they are diagnosed or labeled because diagnosis can change but the symptoms do not.

(IMHO) you don't need to get your records changed or the wording. Look up Clemons V. Shinseki, 23 Vet. App. 1, 5 (2009) I will post it and you can research it and tell me what you think. BVA is getting a lot better with their decisions. If your claim is denied at BVA you can then hire an attorney to file a claim at CAVC where you do not have to pay and they will fight your claim. NOVA Attorney listing https://www.vetadvocates.org/cpages/sustaining-members-directory

 

In accordance with "Clemons V. Shinseki, 23 Vet. App. 1, 5 (2009)" (when determining scope of a claim, Secretary must consider the claimant’s description of the claim; the symptoms the claimant describes; and the information the claimant submits or that the Secretary obtains in support of the claim”). Clemons concerned VA's failure to consider a claim of entitlement to benefits for a disorder other than the one specifically claimed, even though it shared the symptomatology for which the Veteran was benefits.  The Clemons Court found that, where a Veteran's claim identifies a condition, without more, it cannot be a claim limited only to that diagnosis, rather must be considered a claim for any disability that reasonably may be encompassed by the evidence of record.  The Clemons Court indicated that, when a claimant makes a claim, he is seeking benefits for symptoms regardless of how those symptoms are diagnosed or labeled.

 

[Buck52]

pacmanx1

Your post is showing up on retired44  feed

he wrote this in his public feed.