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?

[broncovet]

Bwilson

    You do not have to pay a lawyer 300 per hour to upgrade your discharge.  Instead, contact NVLSP, and, they do it free.  Source:  Lawyers Serving Warriors

https://www.nvlsp.org/what-we-do/lawyers-serving-warriors

    

[Carl the Engineer]

I still stand on my assertion that you need a claim for benefits, whether accepted or denied, for a start date.  Just finding something in your medical record, or c-file, that indicates you had a claimable condition usually will not work.

Otherwise, there would be a line of lawyers at your door scouring your med records looking for cases they would win for big bucks.

The way it should work is, you have a medical problem.  You seek help.  It can be traced to your military service.  You get compensation.  Remember, your medical condition has to be chronic and or static, not acute.  So what ever is ailing you should be ailing you.  If its not ailing you now, its not compensate-able.  I do understand that meds take away what ails you, but not really, just the pain or effects, etc.

VA medical and VA comp are two separate entities.  The VA medical is not going to make VA comp give you benefits.  It could and it should, but that is not how it works.  They don't care if you get comp.  Separate deal.

So, the only way VA comp knows you have a problem is when you make the claim.  Lack of knowledge on how the system works is not the VA's concern.  

I know too many Vietnam Veterans, TODAY, that do not know that (what) they can get benefits from the VA.  I, last year, spoke with one that has many disabilities for AO, some he has had for over 30 years, and did not know about the VA.  When I told him and his wife what he was missing, his wife went into shock.  They went to the VA to make claims.  Guess what his start dates will be?  Her original question to me was, I heard you were getting some benefits from the VA, does my husband get funeral benefits when he dies from being in Vietnam?  Honest to God.

Life isn't fair,

Hamslice

Dun with rant......

 

 

[pacmanx1]

9 hours ago, Hamslice said:

The way it should work is, you have a medical problem.  You seek help.  It can be traced to your military service.  You get compensation.  Remember, your medical condition has to be chronic and or static, not acute.  So what ever is ailing you should be ailing you.  If its not ailing you now, its not compensate-able.  I do understand that meds take away what ails you, but not really, just the pain or effects, etc.

In order to get an EED, I do agree that there must be a claimed file on record

CONTINUITY OF SYMPTOMATOLOGY, NOT TREATMENT (§ 3.303(B))

§ “[T]he Court notes that symptoms, not treatment, are the essence of any evidence of continuity of symptomatology.” See Savage v. Gober, 10 Vet.App. 488, 496 (1997) citing Wilson v. Derwinski, 2 Vet.App. 16, 19 (1991) (“regulation requires continuity of symptomatology, not continuity of treatment”).

Unfortunately some veterans lose their ratings and or proposed reduction because some medical records show improvement but there may not be improvement and some relief but symptoms are not cured. Also keep in mind that VA accept lay statements in some situations where no treatment may be necessary. 

Continuity Of Symptomatology, Not Treatment (§ 3.303(b))......... - VA Disability Compensation Benefits Claims Research Forum - VA Disability Compensation Benefits Forums - HadIt.com Veterans

[broncovet]

Correct, Hamslice.  However, there is something called an informal claim for increase, since, this Veteran had already applied for benefits.  

"If" this Vet told his doctor symptoms, and indicated he wanted to apply for benefits "AND" the doctor wrote it down, this may suffice for an informal claim.  To qualify as an informal claim for increase he needs all of the following:

1.  The claim needs to be before 2015, when the law changed no longer allowing informal claims. 

2.  The informal claim needs to be in writing.

3.  The informal claim "specifies benefit sought."   The Veteran is not required to diagnose his own illnesses to apply for benefits.  The Veteran need not commit to memory DSM IV parsing out the various mental health disorders, nor does he need to know "which" mental health disorder he may so be diagnosed with.  The doctor diagnoses and treats illnesses, and the Veterans self diagnosis would not suffice ANYWAY.  So, I dont think the Veteran needed to specify "MDD", PTSD, Bipolar, Schizo, etc etc.  If you apply for benefits for your "knee" you need not understand the difference between a lateral medial Meniscus tear, or a degenerative bone disease.  You just say, "my knee hurts and I want VA benefits for it".   The laws give the Veteran much leeway here.  

     My lawyer mentioned something to the effect that a Vet with a mental disorder is given special leeway here.  I mean, think about it.  Lets say you had severe head trauma and could not even speak or write.  Does this Veteran need to "specify which disorders he has" in order to win benefits and establish the claim date?  This would be a grave injustice.  Its my opinion "a doctor" would need to opine that, due to the Veteran's mental health issues, he was not capable of even understanding he wanted to apply for mental health disorders.  This may or may not be likely in this Vets case.   

[Lemuel]

12 hours ago, Hamslice said:

I still stand on my assertion that you need a claim for benefits, whether accepted or denied, for a start date.  Just finding something in your medical record, or c-file, that indicates you had a claimable condition usually will not work.

Agree with the premise.  But a claim of statement of condition, even if it is just a checked box, on your medical discharge forms is a claim.  If the physician did not record it in the discharge physical it becomes a 1151 or CUE claim of evidence constructively available.  So yes, we need attorneys to wade through these.

Right now there are boards for correction of military records actions for PTSD and other mental manifestations.  Only the Navy Board is dragging its feet.

[Lemuel]

Also, the VA, under 4.42 is require to do a full review of the record and (another section I do not have memorized) make an application for a correction of military records on anything missed on your behalf.