usmc3073

The DRO reversed the raters decision. Service connection granted for Bipolar Disorder 70% rating secondary to left median nerve laceration. TDIU granted 100%. I don't have the BBE yet but the backpay showed up in the bank today. As you can imagine this is a great relief for me and my family.. Thank you for all the advice and responses.I sent in my NOD 25 march 2016. DRO reviewed and closed appeal 15 april 2016. Today the backpay hit the bank. This must be some kind of record. I am fortunate. I know many of you have been fighting for your benefits for years. Keep fighting the good fight. I wish you all the best.FYI my RO is Lincoln, NE.Semper Fi

Ok this is crazy... I received my denial March 25th 2016.. I sent NOD on March 29th 2016. I requested a DRO review.. So I called my attorney today, and he said ohh don't trust ebenefits it is inaccurate.. So just because I am anal, and it is my claim.. I called the VA to see wtf is going on. They inform me the DRO was completed and the appeal is closed.. Wait for notification.. THAT WAS QUICK!. I thought this was supposed to take like a year.. The DRO review was complete 2 weeks after I sent my NOD.. Now I do see under disabilities Pending Bipolar Disorder (NEW) and TDIU (NEW) The lady at VA told me to wait for notification which will be in 10 business days.. So is this normal?

*update* I filed a NOD and I wrote a letter asking VA to reconsider the claim as a new claim not a secondary. I also pointed out serious errors made by the Psych C&P examiner. I included a copy of my social security records to support my tdiu claim with the nod. I sent all this to my attorney.. He sent a request to VA for my C-file.. neither I nor him have received any letters from VA. I happened to be looking in E-benefits yesterday and it seems VA has closed my appeal.. I now see my claim for Bipolar and TDIU sitting as NEW "pending" claims.. Effective date is 4/1/16 So does this mean that VA just reopened my claim, and is going to adjudicate it again?. I have a call into my attorney on this was just wondering if you all had any insight into what is going on here?

i have retained legal counsel on this...thanks for all your help

thank you for replies. I filled out the form, and Requested a DRO review.. I wrote a letter disputed the C&P exam and asked for a new one.. I also asked VA to reconsider my claim as a new claim not a secondary.. I believe this is where all my problems are stemming from.. I did not fully understand how secondary claims work when I filed.. Had I filed it as a new claim I believe with the evidence I had I would win. I hope this can be sorted at the regional level, and they will simply rerate the claim as a new claim with the evidence I already submitted.

My question is should is there any magic VA language I need to include on here so I don't screw myself. Box 12A seems like a loaded question to me.. "explain why you feel we incorectly decided your claim and list any disareement not covered". If I put anything in here they will than use it against me right?. I selected a DRO review, and there is a spot to request the regional office to call me. Should I use this option? If so what would be Important to speak to them about. If I do speak with someone who will it be, and will they use that information against me. Thanks for the help!

Ok guys, I believe I am finally understanding why I lost my claim. After more research today I realized that I lost because I filed a secondary claim. Had I submitted this as a new claim I believe it would have won. I did not fully understand how a secondary claim worked, and how it was rated. So today I filed my NOD and asked for a DRO review. I pointed out some issues with the C&P exam and requested a new one. I also stated I had made a mistake in filing a secondary, and stated I meant to file a new claim.. I asked VA to reconsider my claim as a new claim not a secondary. I feel if RO will reopen and rate the claim as a new claim with the evidence I submitted I will win. I hope it works out.

yes i did.

I got my decision packet from VA today. First off, they did review all of the evidence I had submitted. Frankly, this is laughable here is there rationale for service connection denial "The Evidence does not show that bipolar disorder is related to the service-connected condition of left median neuropathy, secondary to laceration to wrist, nor is there any evidence of this disability during military service. The Evidence does not show an event, disease or injury in service. Your service treatment records do not contain complaints, treatment, or diagnosis for this condition.. We did not find a link between your medical condition and military service." That is it.. I mean did they read my file at all? What at about agravated service connection, what about presumptive service connection.. It is like they looked in my service record and saw I didn't have a diagnosis and went no direct link...denied.. I wasn't diagnosed, and treated until 4 years after I got out, but had symptoms way before that. My nexus medical opinion opined about that very subject.. Their "Rationale" literally quotes none of my private records or medical nexus opinion at all.. I mean I had records from 3 different psychiatrists one of them treated me for 6 years, and the one who wrote my medical opinion has been in private practice since 1984, and is an executive board member on the board that certifies Psychiatrists.. I mean what does the VA want me to do resurrect Sigmund Freud... Don't have my C-file yet so I know I have to wait before I file a NOD.. Anything I should do in the mean time?

Thank you for the advice.. I will look carefully at the Decision packet when I receive it.. I also called the regional office to request a copy of my C-File.

Former Marine MOS 5534 Musician Clarinet Player Service connected 40% left median nerve laceration with neuropathy found unfit for duty due to injury placed on TDRL, and honorably discharged FDC claim initiated on 12/9/15 for Bipolar Disorder, and TDIU 12/9/15 via ebenefits. Claim denied service connection for Bipolar Disorder 3/24/16 Background I submitted Private medical records from two different psych doctors. I submitted a DBQ from a treating physician as well as VA form for unemployability.. the private medical records had two notations that I noticed my symptoms occuring in USMC. I was diagnosed in 2001. I had psych c&p exam.. It was less than sufficient.. The "Doctor" barely reviewed my records misquoted me, and spent all of 5 minutes talking to me.. Mispellings all over the report, and providing 0 medical rationale when making the conclusion that i was not service connected.. English was a second language for him.. "He concluded that my bipolar and median nerve injury rendered me able to hold a job presently." He left out the word NOT making it appear because I injured my wrist and have Bipolar I can hold a job...making no sense whatsoever. After I saw this I got an independent Medical opinion that was very in depth, reviewed all of my records including va records and service records, and used proper va language when making her conclusion that my bipolar was related to my nerve injury.. Her report was approximately 10 pages long, and her Curriculam Vitae was about 23 pages long.. She saw me in her office for 2 hours, and took a week reviewing all my records. Now, since I filed an FDC I knew if i submitted new evidence my claim would be reverted back to a standard claim.. I submitted her report knowing this while my claim was still in the gathering evidence phase.. I saw the report on ebenefits.. I got no letter acknowledging the report, or a letter removing the claim from fdc.. 2 weeks later my claim was complete and denied service connection. I do not yet have my decision packet so I am not 100% sure what they looked at, but is it possible they simply "misplaced" the medical opinion, and they made the decision without it being in the claim folder? If I confirm this happened what are my options? Thank you