Robert Bruce Goss Houston Administrative Law Lawyer
Posted almost 14 years ago.
The military often claims in issue is pre-existing. This will depend on several factors. If it was a pre-existing condition, you can possibly shows that your military service aggravated this condition. When the military declare something as pre-existing, you do have several avenues to fight this decision. The first is that at the time of entry into service, the military gave you the presumption of soundness. In other words you are fit for duty. The 2nd, mentioned above, is that you will need to get a psychiatrist to state after examining you, that your condition if pre-existing, was aggravated by the military service.
The VA denies claims if it is not a result of military service. That is essentially what the VA's telling you, based upon the military service decision that your condition was pre-existing. If you look at the paperwork in the MTP, most likely it will state that this condition was not aggravated by service. However, a psychiatrist opinion may be attained that in fact shows it was pre-existing.
This is not an easy avenue, but the first thing that you must do is to file an appeal within one year of the date that the VA denied your claim.
Asker
Posted almost 14 years ago.
it was an honorable discharge. But come to find out the military considers a personality disorder a pre exsisting condition which i believe is a bunch of bull. because thats the whole point of basic and the tests they give you. plus they never did any kind of investigation to prove it to be a pre existing condition. like i said i was young stupid and didnt know better at the time to research what they actually were giving me. in my case and many others discharged under a personality disorder being a vet or a honorable discharge doesnt mean a thing because we recieve no benefit.