VASRD 4.129

abbaj0314

PEB Forum Regular Member
Registered Member
On my 199 it has this code below

"VASRD 4.129 does not apply. The Soldier does not have a mental disorder that developed as a result of a highly stressful event that resulted in the
Soldier's release from active duty."

I also went to a formal board where the onset for MMD was changed from 2011 to 2015. But this code does not make sense to me and what is the code used for. I'm not understanding why it was so important for it to be on my 199. Is there any benefits to having this code for vs "does not apply".

A little back story for the 2011 and 2015, I saw BH in 2011 for bereavement which has been resolved. And in 2015 I started seeing BH steadily and now I'm being med board because of stressful military training incident/fatality I'm dealing with.
 
It might be helpful to know what else was on the 199. I suspect there was a disagreement between records/providers as to the correct diagnosis. VASRD 4.129 applies to traumatic stress. If the examiner found a mental health diagnosis other than PTSD, then 4.129 would not apply.
 
It might be helpful to know what else was on the 199. I suspect there was a disagreement between records/providers as to the correct diagnosis. VASRD 4.129 applies to traumatic stress. If the examiner found a mental health diagnosis other than PTSD, then 4.129 would not apply.

what is VASRD 4.129? How does the code benefit someone?
 
§ 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 bring about the veteran's release from active military service, the rating agency shall assign an evaluation of not less than 50 percent and schedule an examination within the six month period following the veteran's discharge to determine whether a change in evaluation is warranted.
 
@chaplaincharlie

so here is my 199, please let me know what you think. I understand the 4.129 code, but I don't undeertand "The Soldier does not have a mental disorder that developed as a result of a highly stressful event that resulted in the Soldier's release from active duty." But I am being released from active duty because of the highly stressful event.

I contacted the lawyer about why does it say "DOES NOT HAVE A MENTAL DISORDER" and this was her advice

me-
So I'm just still a little confused on why the verbiage in yellow that still stands. I attached snapshot please take a look. If the 4.129 means no further VA re-evaluations is required why is it necessary for the verbiage in yellow to be on my 199. If the onset date was 2015 and this is the reason I am getting out. How does the verbiage impact my 199? Please let me know... I know you said you I should sign with my PEBLO Im just a little confused and need to have more clarity.

lawyer-
4.129 means that a SM is being separated from service due to a highly stressful event causing BH problems. This automatically triggers placement on the temporary disability retirement list (TDRL) on the Army side. The VA can assign 4.129 since it's there regulation.

The Army has already decided to place you on TDRL, which means you will have a re-evaluation date. It doesn't necessarily impact you one way or the other on the Army side since you're already on TDRL.
 

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I never seen this before, but I think they are making the case/argument that you suffered from bereavement which became chronic and labeled as depressive vice PTSD. There is a rule about minimum compensation while on TDRL for PTSD. I believe they are saying that since it is MDD vice PTSD, that minimum compensation does not apply.
 
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