Appeal To Bva

[jtg1966]

okay...HI, i have repeatedly put in a claim for S/C for a mental disability since 1995...served from 7/30/86-->10/15/87....got chaptered out (chapter 13) for unsatisfactory performance...gen/honorable...the reason for my admin seperation was because i was having problems (writing bad checks, missing formations, poor concentration, poor hygeine, started signing stuff John the Great, including my Military ID, was clearly manic...ect)...got sent to the dmha for suicidal ideation after a suicidal "gesture"... OD'd on tylenol...went for 2 or 3 therapy sessions...went awol...3 weeks after suicide attempt...for 3 days...this was on 08/21/87...showed up for my scheduled therapy appoint....and the stuff hit the fan...the dmha psychatrist was ranting and raving at me...and was threatening me with a chap 10 or 14....well i had a breakdown right there in his office....so he admitted me post haste... and i spent the last 55 days in service in an army psych ward...got chaptered out while an inpatient in the aforemenntioned psych ward...

th VA has consistantly denied my S/C claiming the my SMR's are completely silent for any treatment, diagnosis, or complaint of a chronic mental disorder/disability...and that the earliest evidence of a chronic mental disability was when i was seen in a VA hospital in 1994 for a suicide attempt on asprin...

part of the problem with successfully prosecuting my claim is that i've been chronically homeless since seperation...and have been hospitalized for a mental disability (bipolar) at least 2 dozen times...so i haven't had a fixed address for the denials and correspondence to find me...

okay so now i have a fixed address, and am on ssdi for bipolar...since 2007....but they (the SSA)claim that my complete disability started in 1994...i received my c-file in oct 2008...and they are right...my smr's are pretty bare as to treatment of my mental illness...none of the outpatient cousuling records are in the file...nor are my inpatient records...except for a "STAT" lab order from the er for a tylenol OD from when I attempted suicide. so wrote to the nprc requesting the inpatient/outpatient psych records....and personell records to validate my signing stuff as John The Great....what i got back from the nprc is a letter stating that while my service medical records are available according to the dod cfr (actually they quoted 32 cfr 310.30(f)), a portion of my medical records that i requested could only be properely explained my a doctor...and if i would resubmit my request naming a dr. that could explain the records to me that they would sent them out to me...so i went through my congressmen and got the records....at least the inpatient hospital records...

does the VA's failure to request the inpatient records and their not aknowledging the lab order constitute CUE? given that the lab order was in the record at the time...and the circumstances are so similar e.g...OD on OTC medication...and the fact that the inpatient records were never requested?

i have appealed the lasted decsion on 5/23/08 to the bva travelling board...and have been told by the VA that a dro reveiw is going to be performed before it goes to the board because of the missing reocrds...( i sent a lengthly letter to the sec dva...outling all of this and have rec'd calls from washington DVA and calls from the RO)...

any comments...well any constructive comments are most appreciatively welcome...

[jtg1966]

my 20% is for asthma, and ulner neuropathy...each rated @ 10 each...

no the SSA does not have the clinical records from the 55 days i spent as an inpatient @ winn army hospital...

i have not submitted the Medical Evidence for my multiple hospitalizations....i have on every claim listed hospitals that i was in...but the VA has not requested those records...because in chief...they are saying that my Service Medical Records are completely silent for any mental health issues...so they haven't developed my claim for medical evidence...although nearly half of the 2 dozen times i have been hospitalized for depression or bipolar have been at a VA facility...so they acknowledge that i'm nerfed in the head...they just say that there is no evidence of it happening in service...

well...i started writing everyone and his brother about my circumstances... so....i finally reached someone who thinks that my case needs further development...i didn't receive the 5/23/08 SOC nor the VA form 9 ... it was sent...but returned...so when i filed a new claim on janurary 16th...the Secretary of the VA rec'd a letter from me on janurary 22... with the NPRC's refusal to provide me my clinical records... citing "32 CFR 310.30(f)" while i am entitled to my medical records...a portion of my requested records can only be properly explained by a physician...no where in 32 cfr does it state that the dod may refuse to release records because of my inability to comprehend them(it does say in 32 cfr 310.17(f), that when in consultation with a physician , if there is a finding that the requested records would be detrimental to myself or a third person...they could withhold the records....anyway...on janurary 26th, i rec'd a call from the secretary's office in washington d.c., asking for clarification on some issues i'd raised...on janurary 29th...i rec'd a call from the VARO, and the representative said that they would accept my transmittal on janurary 16th as my VA form 9, and that they would request the clinical records from the NPRC.....and that a dro review was in the works...

the bit about the informal claim was to put on the record that i had written on a c&p evaluation form for an increase in S/C for the asthma and the ulnerneuropathy that i had been hospitalized twice for depression in 1990...tryiing to run an end game around the finality of the 1995 decision, and an earlier EED for the bipolar...although...under 38 CFR 3.156© i believe that i would probably get a rating back to the 1995 claim...

i believe that the missing clinical records and the overlooked lab report would certainly have manifestly changed the outcome of the 1995 rating decision...i thought i was clear about the specifics and the manifestly different outcome if the facts as known at the time were reasonably considered....