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?

[cwatson]

First it is almost impossible to get a back date when we did not disagree or file an NOD only after a claim was filed. A military psychiatrist hand wrote a three page analysis about my mental status and requested that the military to discharge me. I have never had the time to read anything more than let me out in 1970. The CO refused and instead falsely claimed that I went AWOL every week for a year then he had me arrested. The psychiatrist wrote another request for the military to release me in 71 and I was after a Court Martial with a General Discharge that included all benefits. My PTSD was denied in 2009 but granted after an appeal in 2019. My effective was 2009 but I complained of how the VAMC doctors have diagnosed and treated me since 1972 and 2000-18. It is a fight but do not quit. 

[Lemuel]

Examinations are usually considered a "duty to assist" issue.  My approach in my appeal is to claim that the failure to follow the specifics in examining required by 38 CFR 4.2 and 4.42 are 38 CFR 3.154 (1151) injuries due to treatment and examination.  The injury is denial of compensation causing stress of living in poverty and being homeless at times.

[bwilson]

On 11/24/2020 at 11:22 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?

 

[bwilson]

Maxmus I have a very similar problem I was dx'd in service with Chronic Pain in 87 discharged in 93. Filed claim in 2012 for chronic pain was denied pain was not a mental disorder, filed again in 2017 denied same reason filed again in 2019 won at 70% the law changed in 2018 and so did the DSM-5 now they are calling it somatic symptom disorder. Now the twist in 2000 social security was granted for chronic pain and all the Doctors at my hearing were VA a psychiatrist and a neurosurgeon. Now the active duty part would require me paying a lawyer at $300 an hour to maybe get my discharge physical corrected then a board review even with malpractice law changes I will be long dead. So far an HLR refused to grant  even a 12 month earlier effective date let alone 2017, 2012 or the earliest that the VA knew of the condition 2000..When you think you are in the 5 digit or 6 digits for back pay a very good lawyer starts to make sense.  

[pacmanx1]

I know one of the best regulation to use to try to get an EED (Earlier Effective Date) is 38 CFR 3.156, if a veteran is trying to get an EED s/he should review this regulation.  Also any rating decision prior to March 2015, a veteran can use 38 CFR 3.157 always keep in mind that there is more than one way to skin a cat.  

P.S. A veteran can also use Clemons VS Shinseki: 

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.

 

Found random C&P exam - Page 4 - Veterans Compensation & Pension Exams - VA Disability Compensation Benefits Forums - HadIt.com Veterans

 

[jbasser]

I am understanding that the Military did not tell this vet he had a MH disorder.

The VA referred to the MH disorder in the SOC.  Responsibility lies upon the DOD. What year did you file the claim?