Very New Cue, Newbie Plz Help

[cryingbear]

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Edited April 7, 2014 by cryingbear

[cryingbear]

Statement of the Case

DECISION:

Service connection for bipolar disorder remains denied.

REASONS AND BASES:

Service connection for bipolar disorder remains denied because there was no evidence to show that condition occurred in, caused by, or aggravated by service.

Service connection may be granted for a disease which began during active military service. A disability which began in service or was caused by some event in service must be considered "chronic" before service connection can be granted. Additionally, service connection may be granted for specific diseases or condition which are,by law, presumed to have incurred during service if manifested to a compensable degree within a specific period of time, generally, one year. Service connection may be granted for a disease or injury which resulted from a service connected disability or was aggravated thereby.

Rating decision dated October xxxx denied service connection for bipolar disorder because the evidence indicated that bipolar disorder existed prior to service and there we no objective evidence to show that condition permanently worsened as a result of service.

Your notice of disagreement was received on December xxxx and,you did not submit any treatment records or evidence to support your claim.

Service treatment records noted behavioral problems while in basic training and treatments for alcohol dependence, depression, and dysthymic disorder.

Post service VA treatment records noted your treatment for complaints of depression and anxiety that notes indicated date back to your childhood. Notes indicated that your father was diagnosed with schizophrenia and was abusive. Notes indicated that you were physically and mentally abused by your father and that you also witnessed your father beat your mother into a coma. Diagnosis was social anxiety, major depression, and alcohol dependence in early remission.

Dr. XXX of XXX conducted an evaluation for your fitness for duty and deployment to a hostile area and reported that you have diagnosis of ADHD (Attention-Deficit/Hyperactivity Disorder) and Bipolar disorder. There was no indication that your condition was aggravated by your military service.

Your diagnosis of bipolar disorder and ADHD was supported in letter dated April 18, 2007 from Dr. XXX. However, there was also no indication that your military service aggravated your condition.

VA examination diagnosed that your condition is bipolar disorder and alcohol abuse in remission. VA examiner reported that in his opinion you had bipolar disorder before you joined that military and that your condition pre-existed your enlistment There is no mention that your military service aggravated your pre-existing condition. Examination revealed that your bipolar symptoms are mostly in remission with medication, which are Adderall and Trileptol.

In the absence of evidence showing that your pre-existing bipolar disorder has permanently worsened, your claim for service connection for bipolar disorder remains denied.

EDITED FOR PERSONAL INFO

Edited March 9, 2014 by cryingbear

[Berta]

“Rating decision dated October 18, 2007 denied service connection for bipolar disorder because the evidence indicated that bipolar disorder existed prior to service and there we no objective evidence to show that condition permanently worsened as a result of service.”

“In the absence of evidence showing that your pre-existing bipolar disorder has permanently worsened, your claim for service connection for bipolar disorder remains denied.”

“Your diagnosis of bipolar disorder and ADHD was supported in letter dated April 18, 2007 from Dr. XXX. However, there was also no indication that your military service aggravated your condition. “

They are hanging their hat on a pre-existing condition.

You can try to overcome that, but it seems they have evidence from you that supports their statement.

I feel the best thing you can do is obtain another IMO that fully complies with what they want which is stated here::

“However, there was also no indication that your military service aggravated your condition.”

and

“In the absence of evidence showing that your pre-existing bipolar disorder has permanently worsened, your claim for service connection for bipolar disorder remains denied. “

This means you need to prove that the condition got worse while in service, which,in my opinion, seems to be revealed in the SMRs and personnel records that VA obviously considered.

But that would take a strong IMO that fully covers the IMO criteria here at hadit.

The IMO doctor will need your complete SMRs, any private medical records, any VA medical records, copies of all C & P results and also the doc will need to see the decision.

Also the doc would have to determine if the condition,if aggravated by service, was in fact aggravated to a ratable level.

Also the IMO doctor has to opine with a full medical rationale on this statement:

“In the absence of evidence showing that your pre-existing bipolar disorder has permanently worsened, your claim for service connection for bipolar disorder remains denied.”

They are looking for a permanent worsening ,since your service, supported by medical evidence.

The bipolar vet I mentioned above got SSDI solely for bipolar a few years after he left service as he had been hospitalized and fired from his job (CEO of a company)and had decades of continuous documented medical treatment since his discharge that revealed his bipol had 'permanently worsened ' since service (where it had never been diagnosed at all.)

Also maybe the C & P exams were not even done by an experienced VA MH professional. You need an IMO from a MH doctor who has experience with bipolar illness and whose credentials outweigh those of the VA examiner.

[cryingbear]

Berta, wouldn't my recent C&P examination by the VA be enough?

[cryingbear]

And this:

To rebut the presumption of sound condition under 38 U.S.C. § 1111, the Department of Veterans Affairs (VA) must show by clear and unmistakable evidence both that the disease or injury existed prior to service and that the disease or injury was not aggravated by service. The claimant is not required to show that the disease or injury increased in severity during service before VA’s duty under the second prong of this rebuttal standard attaches.

[Berta]

As the decision says, the VA did consider that recent exam:

"The examiner provided the opinion that you had bipolar disorder before entering the military and the fact that you were depressed even in basic training is indicative of a problem that pre-existed your enlistment."

From what I can tell here the examiner didnt fully establish any nexus that was a medical rationale, stating the bipolar was 'aggravated' by your service.

"Berta, wouldn't my recent C&P examination by the VA be enough?"

At first glance it would appear to be enough but the VA feels otherwise...because

"In the absence of evidence showing that your pre-existing bipolar disorder has permanently worsened, your claim for service connection for bipolar disorder remains denied."

Did they have all VA and any private medical records that show a continuity of treatment? And a worsening of the condition ?

Was this noted at all on your discharge physical?

I assume this was not a medical discharge but a HD.

Also do you get SSDI?

If so is it solely for Bi Polar.

sorry if you answered that already.....I am pressed for time and cant re read this thread.....

My point is if you get SSDI solely for the bipolar those records might be critical to this claim.

SSDI........ One of the VAMCs that treated my husband told me those records never existed ,suggesting he had not ever been treated there.

However those records, I found ,were at the SSA office, and my husband told the SSA person I could peruse them if she didnt mind.

I was surprised that VA (Lyons NJ) had not told me or the veteran, they had transferred the records to the local SSA office.

You would think they would have had some record of that fact.

The few records I did read were very alarming to me.......and they were instrumental in his SSDI PTSD award,which took only a few months and was based on VA medical care, no private care.

My point is ,i SSA records can help a claim ( being a SSA award solely for the claimed SC condition).

In my husband's case however, the VA had failed to obtain those SSDI records for his VA SC PTSD claim,even though we had copies of the 21-22s he ad signed and sent to them. That caused his 100% P& T SC for PTSD award to arrive 3 years after he died,as an accrued benefit to me.About 3-4 months at the SSA, but over 3 years at VA.......even with congressional intervention on the SSA matter.

I realized that what I had read in those other VAMC records had indicated a much higher rating level than the 30% PTSD the VA gave him in 1984.

VA got him very good job around that time too at a VA job fair with a company bound by the disabled veterans preference laws and he never appealed the 30% ,but reopened that claim many years later.

Do you get SSDI for bipolar and if so did VA consider those records in the decision?

I do agree that this is a case for a lawyer as well as needing another IMO.

Edited November 20, 2013 by Berta

[cryingbear]

deleted

Edited April 7, 2014 by cryingbear