Never told About disability

[Maxmus]

I was diagnosed with a mental disorder in 1988 and never told or treated and then discharged in 89. Filed for other issues that were denied and the VA tells me that a favorable finding is that I was diagnosed with this mental disorder. So I decided to put the other claims on hold and file for the mental disorder they diagnosed me with and never treated me for. My question is how should i pursue this and can I get effective date back to discharge since they never told me?

[Berta]

If a veteran files a claim within one year after their discharge and VA awards it. their retro will go back to the day after discharge.

More info here:

https://cck-law.com/veterans-law/are-there-retroactive-awards-for-veterans-disability-claims/

Can you scan and attach here the denial that mentions the disability?

We need to see the Evidence list, their rationale for the denial, and what the Mental health disability was.

Cover your  C file # ,name, address prior to scanning it.

[Carl the Engineer]

First thing to do is make a claim for it.  That will start the date for compensation.  I doubt that they will go back to a date where no claim was made, but you need to get the MH condition service connected before you need to worry about an earlier date.

Now if the intentionally hid the information from you, well then you might have to get a lawyer to prove that, but just because you didn't see it in your medical record, or you were unable to get your medical record, I don't think will fly.  But, I could be wrong.  

I don't know what documentation you have, but sometimes the VA steers you in a way for you to get compensation, so I think it is a positive that they suggested the MH route for a claim, and I would jump on it to get service connected.  Just claim it and let them figure it out.  I don't like to put too much what if's in my claims.  

Worry about the earlier date later,

Hamslice

Service Connection is were you start..

 

[Fat]

Good advice.........

[broncovet]

Lets discuss the "other issues" you filed for.  The Veteran is presumed to be seeking the max rating when he applies for benefits.  There is something called an informal claim, that was alive and well in 1989.  You would need to meet this criteria for an "informal claim for increase" in 1989:

1.  You would need it in writing.  In other words, review your medical records (in 1989) and see if, when you applied for your other issues, did you also mention, or did the doctor mention a mental health disorder?  

2.  You need to "show intent to apply".  That may be a tough one, for a mental disorder you are unaware of.  

3.  You need to "specify the benefit sought."  You dont need to specify, "I want to apply for bipolar disorder".  Instead, you can state, much more generally, "My head is not screwed on right and I would like benefits for that".  You dont have to self diagnose your own illnesses.  

        An attorney I spoke with once brought up something like that.  In other words, if you have a mental disorder, are you competent to even know you have a mental disorder?  

        VA will adjuticate in the following order:  1. Service connection or no.  2.  Disability percentage

3.  Effective date. 

        You are gonna have a tough time getting VA to grant an effective date BEFORE you have been SC and before a percentage is established.  

Therefore, my advice is:

        Apply for 

[relatively happy camper]

Once the VA admitted that you had been diagnosed w/a "mental disorder" they were required to rate it. Failure to do so would be considered a CUE(clear and unmistakable error) and the result could be a EED(earlier effective date).  As Berta stated, we need to see the decision document(s) where this is mentioned.  If not already claimed the VA will often state "it's NSC (non-service connected)" and rate it with a percentage, many times zero%.

[Lemuel]

On 11/24/2020 at 9:22 PM, Maxmus said:

I was diagnosed with a mental disorder in 1988 and never told or treated and then discharged in 89. Filed for other issues that were denied and the VA tells me that a favorable finding is that I was diagnosed with this mental disorder. So I decided to put the other claims on hold and file for the mental disorder they diagnosed me with and never treated me for. My question is how should i pursue this and can I get effective date back to discharge since they never told me?

Agree with Relatively Happy Camper.  Cite 38 CFR 4.2 and 4.42 and that an inadequate review of your record was done on the inadequate examinations that were done on your discharge and your first VA examinations.  I am working on that now going back to 1974.  Does not mean the BVA will agree with me or the CAVC or the CAFC in the appeals process.  I should be ahead of you on the Dockets so watch for the decisions I receive.  I will post them on Hadit as the come.