VA Lies and Obstruction in PTSD CLAIMS. YOU HAVE 24 months from discharge to file a claim

[letushavemrebread]

Hello Everybody

Thank you to the website creators. 

I am within the claims industry and I need to relay important information so that we can give these wanky civilians their "ARTICLE 15" for not doing our paperworkings right.

38 U.S. Code § 1702

The FEDERAL STATUTE specifically states that

Periods after WORLD WAR 2 and following periods of war: mental illness after Persian Gulf War

 

Are deemed SERVICE CONNECTED for mental illness or psscosis 

 

THAT WAS SUFFERED IN THE LINE OF COMBAT or INSTRUMENTALITY OF WARFARE

 

has  2 YEARS  +  (TWO YEARS  )

from discharge or release to make a claim and shall be deemed to have incurred such fisablity in the active military service.

 

Do NOT let any of the VA employees, VSO, Board Appeal Attorneys, High Level Review Personnel or ANYBODY quote you any assumptions NOR ANY INFORMATION THAT IS NOT THE LAW.

 

 

Edited March 18, 2022 by Tbird
Added Link to 38 USC 1702

[Tbird]

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 

(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.)

[Berta]

I made that point here before Tbird-on this regulation.

Thanks for reminding all here.

Anyone veteran affected by this regulation needs to fight with it if they are denied- I am unaware of any changes to this law, and it still stands as far as I know

Many vets have gotten really "bad paper" because they didnt know of this law.

It could potentially change a bad discharge into an Honorable one.

I will see if BVA has had any cases on it.

 

 

 

[Berta]

https://www.va.gov/vetapp15/Files2/1516772.txt

You need to read the law Very Carefully. It is limited to what it will provide for any affected veteran, however it can also set up the veteran to file a valid SC claim.

The veteran above was denied.The case shows why and how the limits of that law were applied.

Here is how Va im M21-1MR applies it:

https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000173839/M21-1,-Part-XIII,-Subpart-i,-Chapter-3,-Section-C---Service-Connection-(SC)-for-Mental-Conditions-for-Treatment-Purposes-Under-38-U.S.C.-1702

Edited March 19, 2022 by Berta
added more