In This Chapter |
This chapter contains the topic “General Information on Mental Disorders.” |
1. General Information on Mental Disorders
Introduction |
This topic contains general information about rating mental disorders, including
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Change Date |
November 26, 2024 |
V.iii.13.1.a. Sympathetic Reading and the Scope of Mental Disorders Claims |
A claim for a particular mental disorder should be read as a claim for any mental disability that may be reasonably defined by
A sympathetic reading of pleadings cannot be based on a standard that requires legal sophistication and must consider whether all submissions taken together have articulated a claim.
Note: Under 38 CFR 3.159, the duty to assist is triggered by a substantially complete application, which requires identification of the benefit claimed and any medical condition on which it is based, which could be a description of symptoms of a body part or system.
Reference: For more information on sympathetic reading and scope of claims, see
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V.iii.13.1.b. Applying Guidance on Sympathetic Reading to Mental Disorders Claims |
When reviewing a claim for service connection (SC) based on a mental disorder
If additional development is needed to address an alternative diagnosis in the evidentiary record, ensure that this is completed before making a decision. It is impermissible to limit the scope of the claim for SC to the claimant’s lay hypothesis about the nature of a specific mental disorder disability. Because the Veteran is reasonably requesting benefits for symptoms of a mental disorder but is not competent to medically identify such symptoms, it is insufficient for the Department of Veterans Affairs (VA) to simply deny benefits for the claimed diagnosis and not address evidence in the record of other mental disorder diagnoses, as indicated in Clemons v. Shinseki, 23 Vet. App. 1 (2009).
References: For more information on
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V.iii.13.1.c. Considering a Change in the Diagnosis of a Psychiatric Disorder |
If the diagnosis of a psychiatric disorder previously recognized as service-connected (SC) is changed, the rating activity must determine if this represents
If this is not clear from the available records, a determination by an examiner is required.
Example: The Veteran files a claim for increased evaluation for SC generalized anxiety disorder and an examination is requested. The examiner gives a current diagnosis of major depressive disorder but makes no mention of the previously diagnosed SC condition of generalized anxiety disorder. Clarification from the examiner is needed as to whether the current diagnosis represents a progression or correction of the prior SC diagnosis or development of a new and separate condition.
References: For more information on
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V.iii.13.1.e. Considering SC for Mental Unsoundness in Suicide |
Whether a person, at the time of suicide, was so unsound mentally as to not realize the consequences of such an act, or was unable to resist such impulse, is a question to be determined in each individual case, based on all available lay and medical evidence pertaining to the individual’s mental condition at the time.
The act of suicide or a bona fide attempt is considered to be evidence of mental unsoundness. Therefore, where no reasonable adequate motive for suicide is shown by the evidence, the act will be considered to have resulted from mental unsoundness.
Important: Application of the provisions of 38 CFR 3.302 regarding mental unsoundness in suicide is not limited to acts of suicide or bona fide attempts that occur during service.
Notes:
References: For more information on
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V.iii.13.1.f. Definition: Psychosis |
For the purpose of presumptive SC under 38 CFR 3.309(a), a psychosis is any of the following disorders:
Reference: For more information on the definition of psychosis, see 38 CFR 3.384. |
V.iii.13.1.g. Handling a Veteran’s Discharge From Service for a Mental Disorder Due to Traumatic Stress |
Under 38 CFR 4.129, when a mental disorder that develops in service from a highly stressful event is severe enough to result in the Veteran’s discharge from active military service,
Note: In-service mental health treatment records are maintained by the military or civilian treating facility and are not stored by the Department of Defense with the traditional service treatment records.
References: For more information on
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V.iii.13.1.h. Evaluating a Disability Diagnosed as Both a Physical and Mental Disorder |
Avoid assigning separate evaluations for SC disabilities based on the same manifestations as this constitutes pyramiding. To warrant separate evaluations, symptoms considered must be distinct and not overlap.
Situation: A Veteran is SC for PTSD with anxiety considered in the assigned evaluation. The Veteran later files a claim for SC for fibromyalgia. The evidence associates fibromyalgia with service and anxiety is considered as a manifestation upon which fibromyalgia is diagnosed.
Result: Fibromyalgia will be SC and rated separately from PTSD. However, anxiety may only be considered in determining the rating to be assigned for PTSD or fibromyalgia.
Rationale: Consideration of anxiety in rating both disabilities would constitute pyramiding as the symptoms are obviously overlapping and would involve rating the same manifestations twice.
References: For more information on
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V.iii.13.1.i. Somatic Symptom Disorder as a Disability for VA Compensation Purposes |
A diagnosis of somatic symptom disorder, which is widely recognized as a disabling condition, is accepted by VA as a disability for compensation purposes. Because somatic symptom disorder may also stem from an underlying disease such as multiple sclerosis or arthritis, and variations of somatic symptom disorder may be found throughout all body systems, the condition should be evaluated under the most appropriate diagnostic code (DC) based on the clinical picture demonstrated.
Notes:
Important: Adequate medical evidence must be of record that identifies the specific manifestations of the disease present in order to accurately evaluate the condition.
Reference: For more information on considerations for conditions which may be characterized by both physical and mental symptoms, see M21-1, Part V, Subpart iii, 13.1.h. |
V.iii.13.1.k. Considering SC for Neurodevelopmental Disorders |
Neurodevelopmental disorders are a group of conditions with onset in the developmental period. According to DSM-5, they typically manifest in early development and are characterized by developmental deficits in several functional domains. This group of disorders includes, but is not limited to, the following diagnoses:
Neurodevelopmental disorders are not considered diseases or injuries under 38 CFR 3.303(c). Since they are not diseases or injuries, they are not generally subject to direct SC.
Exceptions:
References: For more information on
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V.iii.13.1.l. Considering SC for Insomnia |
Carefully consider the evidence of record when deciding SC for insomnia. Insomnia is generally considered a symptom of another disability due to coexisting medical or neurological conditions. Insomnia can occur as an independent condition or can be a symptom associated with another mental disorder (for example, major depressive disorder), medical condition (for example, pain), or another sleep disorder (for example, a breathing-related sleep disorder).
When insomnia is adequately identified as a symptom of another underlying disability, SC should be established for that diagnosis rather than for “insomnia,” and the insomnia symptoms should be included in the evaluation for the primary SC disability. A separate evaluation is not warranted for insomnia that is considered secondary to, or a symptom of, another disability.
However, SC can be established on a direct basis for “insomnia” in the absence of a known or established underlying etiology if there is
Important: A separate SC evaluation for a diagnosis of insomnia disorder is only warranted if all other potential causes are ruled out and SC can be established on a direct basis.
Notes:
Reference: For more information on analogous ratings, see
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