Question about Date of Rating for Mental Disorder under Title 38 Sec. 4.129
Title 38 Sec 4.129 provides as follows: § 4.129 Mental disorders due to traumatic stress. When a mental disorder that develops in service as a result of a highly stressful event is severe enough to...
View ArticleRe: Question about Date of Rating for Mental Disorder under Title 38 Sec....
It says that if a servicemember is discharged for a MH condition from an in-service highly stressful event, he/she should be awarded no less than 50% effective the day after discharge, and is to be...
View ArticleRe: Question about Date of Rating for Mental Disorder under Title 38 Sec....
As the date may indicate (1996) many changes have taken place. Today this would almost always involve a medical discharge and IDES comes into play. Many, if not all, service-members being medically...
View ArticleRe: Question about Date of Rating for Mental Disorder under Title 38 Sec....
Vet2112 I agree with what you wrote. That's indeed what it says. It would appear that the DOD has the responsibility to make that rating at the time of a qualifying soldier's discharge and report it...
View ArticleRe: Question about Date of Rating for Mental Disorder under Title 38 Sec....
If the claim is filed within one year of discharge the effective date would be the day following discharge from service; however, if the claim is filed more than a year after discharge this regulation...
View ArticleRe: Question about Date of Rating for Mental Disorder under Title 38 Sec....
Cav1Sgt wrote:Laws are written so as, if something is not addressed it is not the law. The fact it does not offer a retro-active benefit, there is none. Also, in this case, the reason for the...
View ArticleRe: Question about Date of Rating for Mental Disorder under Title 38 Sec....
MH disabilities come in a variety of diagnosis. This statute is very specific in that the discharge was for a MH reason that was caused by an extremely stressful event. It does not apply to MH...
View ArticleRe: Question about Date of Rating for Mental Disorder under Title 38 Sec....
cruiser wrote:If the claim is filed within one year of discharge the effective date would be the day following discharge from service; however, if the claim is filed more than a year after discharge...
View ArticleRe: Question about Date of Rating for Mental Disorder under Title 38 Sec....
Irishking wrote: Isn't there a provision for tolling that 1 year rule such as fraud, misrepresentation, concealment, deliberately telling a soldier "You are not entitled to any VA benefits"?No. Are...
View ArticleRe: Question about Date of Rating for Mental Disorder under Title 38 Sec....
Cruiser, Yes I am. It's documented too.As for your question about that soldier being prohibited from filing a claim with VA, he was told that he was not eligible to do so. Let's face it. Many...
View ArticleRe: Question about Date of Rating for Mental Disorder under Title 38 Sec....
When you say it is documented, explain how it was documented that the Vet was denied the ability to file a claim and by who?
View ArticleRe: Question about Date of Rating for Mental Disorder under Title 38 Sec....
Cav1Sgt, Documented in his private doctors' evaluation reports at that time. He was told by a commanding officer that he was not entitled to any VA benefits or severance pay. Guess he could have filed...
View ArticleRe: Question about Date of Rating for Mental Disorder under Title 38 Sec....
Last Post - What he was told and by whom will hardly stand up in a court.Unless the private doctor's opinions were used as medical evidence, the medical evidence used in the discharge were/are the...
View ArticleRe: Question about Date of Rating for Mental Disorder under Title 38 Sec....
It would sure make it easier to answer a question if the person asking the question would lay out the facts in the first post. We all wind up asking question after question when the pertenent info is...
View ArticleRe: Question about Date of Rating for Mental Disorder under Title 38 Sec....
Brovet If I laid out all the facts in my initial question as framed, then that could have readily raised too many questions and would have amounted to a compound question. I was looking for one answer...
View ArticleRe: Question about Date of Rating for Mental Disorder under Title 38 Sec....
A friend was administratively discharged for MH reasons 9 yrs ago (honorably) after he served 2 yrs 20 days active duty. His commander held him for the 20 days so he would have over 2 years service in...
View ArticleRe: Question about Date of Rating for Mental Disorder under Title 38 Sec....
Irishking wrote: He was told by a commanding officer that he was not entitled to any VA benefits or severance pay.. Then 38 CFR 4.129 would not apply to his situation. The mental health disorder...
View ArticleRe: Question about Date of Rating for Mental Disorder under Title 38 Sec....
Cruiser, The discharge in question was for MH personality disorder, and the military records so indicate. Perhaps today's Armed Forces are different and information about VA is widely disseminated as...
View ArticleRe: Question about Date of Rating for Mental Disorder under Title 38 Sec....
DoD is supposedly reviewing mental heath discharges since 2001 to look for errors in how such cases were handled. Unfortunately, the initial plan of review only was going to address those separated...
View ArticleRe: Question about Date of Rating for Mental Disorder under Title 38 Sec....
Well I guess this wont help me, I got out in 2000 after a I tried to kill myself was in the military for 5 years, the military gave me the personality disorder discharge, still was honorable. However...
View Article
