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ZenLife

Seaman
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About ZenLife

  • Birthday 07/08/1981

Previous Fields

  • Service Connected Disability
    None
  • Branch of Service
    Marines

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  1. Thank you, that makes it much clearer.I've also been reading the BVA cases like Hoppy pointed out, that helped to understand it better as well. It seems like right now, my best chance is to allow the VA to make an initial decision based on SSA records and my treatment history. That alone may serve for SC like you said. There seem to be two other ways to establish SC. 1. - An IMO from my doctor, which will also serve to counterpoint any C&P exam. It would likely carry more weight as well since I have a longer history of treatment there. I think I'll ask him to include his opinion about the in service infractions as being early manifestations of BP as well. He told me that headaches aren't uncommon for people with my symptoms, so I'll ask him to note that as well. 2. - I might be able to establish continuity of symptomology by "lay observation" letters. Especially since the in service diagnosis was a singular one. All references I can find in my service & medical record books only serve to cover a two month period out of those 6 months of treatment, so that might make it hard to prove the "chronic" part. The other records would just be the prescription refills over the following months, and I'm not counting on them to be able to locate those. I've noticed in the case files that lay statements can help with the depression part, but usually not in BP cases, since that's considered more complex than the average person can attest to. As for how the doctor added the BP. I don't have that record, so I don't know exactly how it was worded. Basically, I was seeing him about the depression and he asked if I had ever heard of BP. I had heard of it but didn't know exactly what it was. He said that my symptoms seemed to be very descriptive of BP, and added treatment for it. He said that most BP patients are usually treated for MDD first, because that's when they are most likely to seek treatment. Plus the symptoms seem to overlap a lot so it's usually incorrectly diagnosed. Since I thought that was my current diagnosis had changed to, that was what I applied to SSA for. I didn't know it at the time, but both diagnosis were still present, and still are. Another doctor added Social Anxiety Disorder later because of my panic attacks. I'm going to look into a rep over the coming weeks. I know there is an American Legion here and a VFW, but I've never contacted either. I remember getting an invitation from AL to join but never replied. By the way, in reading this forum one can't help but notice that you're everywhere Berta! I'm certain you've been thanked a million times over, but let me add my thanks to that list. I don't know where you find the time but I'm most grateful!
  2. You said that "Psychosis is a "chronic presumptive"", i was just wondering if you clarify it a little for me. I'm reading the regs now, but I'm not sure if I'm reading it correctly. It's my basic understanding that the "within 1 yr from end of service" part generally refers to the end of the veteran's active duty (EAS). Does any additional inactive reserve obligation play a part in that if the veteran 1. served during a period of war and 2. the period of war continued beyond that veterans EAS? Or does wartime service not even come into play? I'm wondering because my second diagnosis came 1 1/2 yrs after my EAS, but one yr before the termination of my reserve obligation.
  3. I've had several doctors over the years. I've been with my current doctor since the end of 08. I asked him about an IMO, he noted it on my treatment chart as "wants independent medical opinion". That was several months ago when I wasn't entirely certain what an IMO was. I had the basic idea though. His reply was that he could give his opinion of my condition but couldn't legally comment on anything he didn't personally treat me for (i.e., my in-service treatment). He said that there was a matter of being legally liable for any statement he issues. He works for a state hospital so he probably has to worry about that sort of thing regularly. In short - I can get his opinion, but I don't know how helpful it'd be in establishing a medical nexus. When I first began going to that facility, I showed my first doctor the diagnosis from the military. Foolishly, I didn't have a copy. And I know that the SSA used it in their decision, but I don't know if my doctor copied it and sent it to them or if he sent the one I gave him. I know it's in my MRB with the VA, but it might be some time before I can get a copy of it to show my current doctor. I'll talk to him though and see what I can do. Is the history of infractions something I should consider for the IMO, or would I be better off simply trying to establish a nexus for the MDD? I'm asking because I don't know if he'd be willing to state that they were probably early manifestations of Bipolar or not. I'm thinking maybe I should try to have keep the statement as simple and clear as possible.
  4. I just want to add something....I know that last post doesn't cast a very flattering light, but believe me, I worked my butt off those 5 years. I keep a 1st class PFT, knew my job inside and out, and received several awards (for saving a costly training mission from being scrapped, improving the training facilities at our unit, and catching an error that was costing my unit an additional $25,000/yr.) I even volunteered for and completed an additional MOS school for the sole purpose of training my coworkers in techniques that cut our maintenance budget in half. 99.9% of the time, I was the first in and the last to leave. Deployed or in garrison, no job went unfinished. Make no mistake - I loved being a Marine.
  5. I'm going to find out a little more about my local Vet Center, it isn't very far from where I currently go. I'm not closed to the idea entirely. My paranoia just gets the better of me sometimes. I have poor social skills and I'm a very quiet and private person. As a consequence, I tend to get the short end of the stick sometimes, I don't go out much. The first post is still here. I did notice that I had to click the link at the bottom to see everything though, the one that says "Review the complete topic". For the claim, I listed three things in the following order (I followed the chronological course of records): 1. Major Depressive Disorder 2. Bipolar Disorder 3. Tension Headaches / Migraines MDD is what I was originally seen for in service. (A copy of that service record was part of the SSA decision.) 1 1/2 yrs later I resumed treatment for that, and the Dr. added Bipolar Disorder. (That exam was also part of the SSA award.) The headaches are something that I've always had, but the only mention of them I could find was on my separation exam. I was just taking Excedrin for the HA's until last year when my doctor told me he could give me something stronger to help prevent them. Call me naive, but I didn't even think of that as an option. I included them in the claim since there is a mention of them on the sep exam and I have current treatment for them. I thought there might be some issue of a secondary claim there. I haven't gotten a reply (VCAA) yet. The exact disability I receive SSDI for is Bipolar alone. It took 3 yrs and a hearing before an ALJ to reach a favorable decision. I included 3 release of info forms in the application, one for my local SSA office, and two for where I'm being treated now. They changed management, so there are two different offices that maintain records. I requested treatment records myself, but all I got were summary notes and listed prescription history. I know they have more info than that, but they won't release it to me (to avoid harming the patient / interfering w/ treatment). I thought the VA may be able to get more complete records from them. The only info I have from SSA is the actual award itself. It listed the reasoning of the ALJ and the evidence considered. As for service records in support of Bipolar...This is something that I didn't touch on in the claim. I seriously considered it and even gathered the copies of every disciplinary action taken while I was in service. I just didn't go through with it because I thought that might lead an examiner to immediately think "shitbird' and can my claim. After all, if I list a history of disciplinary actions and claim them as related to Bipolar, couldn't they simply say "you're not a doctor, there's nothing to support that"? Overall, I had trouble remembering dates & times, being late & feeling tired constantly. Sorry this following part is a little long, but I want to answer your question accurately. My first psychological "break" was in late recruit training, typical of Bipolar - early 20's + major life change. There isn't any record I know of though. I had attentiveness problems in MOS school (had to take Basic Electronics twice). 2 years into service and 3 counts of Article 86 (UA) later, I found myself as a guest of the Corrective Custody Unit and reduced to E-2 after NJP (#1). *note - when I say UA, I'm not talking about going AWOL ar anything like that. I was late by a few minutes, or simply forgot that I had a certain duty on a given day that was outside of my normal schedule. One year later, I had my rank back and was doing my best to keep on the straight & narrow. Then I had an episode, 3 more UA charges with 45 days. That was NJP (#2), reduced again & restricted to barracks. The reduction was suspended for 3 months. Later I got another UA and the reduction was vacated, I was an E-2 again. (I have a history of self-defeating behavior, that much I've learned). At this point I was pretty well convinced that I as a terminal screw-up and that it simply wasn't going to end well for me. In June of 03 I was seen for a sleep disturbance and given Ambien. The doctor DX it as insomnia, even though I had told him that I was having trouble sleeping too much as well. I forgot a duty driver assignment and got another UA the end of that same month. My SSGT decided something more was wrong with me at that point, had me see the doctor (His wife is Bipolar, he recognized a lot of the symptoms). July of 03 I was DX w/MDD and given Zoloft. The Zoloft certainly "helped" the insomnia part - I overslept, another UA. I gave the Zoloft a fair try, determined to make it to EAS without any further problems. I quit taking it in November when I got another UA, it was making hard to stay alert and remember things. That was NJP (#3) & reduction to private. After that, I didn't touch anti-depressants again while in service. I spent each day dreading being locked in a little cell in Fort Leavenworth. They began an administrative separation board to separate me from service <2 months early. If they had succeeded, I would have found myself with an OTH discharge based on a pattern of minor misconduct. I formally requested in writing that I be allowed to discharge with a general under honorable conditions, citing the service I had given to my unit and the awards I had earned in those 5 years. Despite my troubles, I did my MOS job very well and had saved them a truckload of money improving the maintenance system. The board agreed and I got an honorable discharge. I know this is long, but I hope I answered your questions.
  6. Thank you for the helpful links. For now though, I think I might be better off staying with my current provider. I know I'm fully covered medically and I'm much more familiar with the staff. I've never been comfortable with new Dr's.I do have one question, perhaps someone will have an idea about this;Currently, my concern is the nexus part of proving a service connection, I'm expecting the need for an IMO.My SSDI award was based on Bipolar and the effective date was that of my EAS.I didn't restart treatment until 1 1/2 yrs after my EAS.In making their decision, SSA used two in-service treatments records, one for MDD and one for sleep disturbance.They also used treatment records from my current provider that listed MDD and Bipolar ranging from when I restarted treatment onward.Even though I was outside of the one year presumptive period, is there any chance that the award itself could be considered a nexus, as it clearly states that my disability began at my EAS using both in-service records and current treatment records for the same condition?Just curious. I'm still reading as much on this forum as I can, but it's a little slow-going with dial-up.
  7. Hello everyone. I don't know if this forum will alert those who have replied, but if it does, thank you all so much! I honestly thought that my questions were unanswered because it might have seemed frivolous. It took 3 yrs to get SSDI and I met many people with a "just get over it" sort of view. I nearly broke into tears when I came back to this forum and saw the replies. I can't express how much that meant to me. Things went downhill after that post. The property we owned needed over $18,000 repairs, and we couldn't qualify for any loan to address the issue. Our choices were to fix it or find a new home. I managed to find a seller at the last minute willing to sell us a home on land contract & the total cost is less than than it would have cost to repair our old property! We cut off every bill we could, including internet. I sold the few things of value I had for the down-payment, and now my family is safe and sound in a much better place. Things are very tight, but at least we're safe. I submitted an informal claim after posting here. The formal claim was just sent out. I didn't think I had a valid claim and put it off far too long. The date of the informal was 1/10/10 and the formal was sent 1/19/11. I did note that the cover letter the VA sent said that I have one yr from the date of the letter, 2/2/10, so the effective date might be preserved. I also applied for the pension part, since my income meets the requirements. It would only $78/month, but that's $78 closer to paying the bills. To answer some questions that were asked for the benefit of anyone coming across this thread; - No, I never had treatment for any mental health issue before service. The first DX was 1 yr before leaving service. It was treated with Zoloft and discontinued 4 - 5 months later. It was making me too tired to do my job. I worked with electronics, so 1 moment of drifting off + 240 volts = one unhappy day. - No, I do not have a rep as of yet. I intend to get one if denied. - I did submit the TDIU with the claim. - My treatment resumed more than a year after discharge (EAS - 6/22/04, Treatment resumed 12/16/05). I really didn't want to be on disability, but by that time it was becoming pretty clear that the problem wasn't going to "get better". It would have been better for my family if I had simply admitted something was wrong with me sooner. - The statement from my Dr. will be submitted with my medical records when they are requested by the VA. My access to those records is limited, given the nature of the treatment (they don't want to risk "harming" the patient, so all I have is summary notes). He said he can't comment on anything he didn't personally see me for so it may not be much help. If nothing else, it will show the extent of the condition(s) currently. My treatment now includes Social Anxiety Disorder and treatment for headaches. I've always had tension headaches and migraines, I just never realized I could be prescribed something much stronger (Gabapentin). I had them in service, but never had any formal treatment. The tension headaches are noted on my separation exam, but I couldn't see any other reference to them. I usually just took Excedrin for them or over-the-counter Motrin from the base hospital and dealt with it. Since it was noted on the exam though, and headaches are often associated MDD / Bipolar, I included it on my application. I don't expect SC for it, but listed it just in case. Again, thank you all!
  8. Hi everyone. I'm Jay, long time viewer, first time poster. I've been wading through these forums for a while, as well as dozens of other sites, and I have a couple of questions / concerns. Maybe someone can give me an idea if I have a claim or not, and if so, what to expect. Sorry if this post is a little long, it's hard to sum up 6 years in a paragraph! Here's my Sit. Rep.: Served USMC '99 - '04 Didn't know it at the time, but I'm Bipolar, then and now, it's life long. Had several disciplinary actions throughout 5 yr. service, nearly got discharged 2 months before my EAS because of repeated infractions. Got lucky, and squeaked out with a "General Under Honorable". Discipline / poor impulse control is common for Bipolar people in general, especially having the first episode after a major lifestyle change or around age 20 (i.e. entering the military at 18). I'm not certain if this would help or hurt my claim. Diagnosed and treated one time by MACG28 BAS for Depression / sleep disturbance in 2003. Bipolar disorder is often initially misdiagnosed as Depression. Medications were ineffective and worsened my situation - I didn't want to be discharged, so I did what a lot of us do - dealt with it as best I could until my EAS to preserve the benefits I'd worked my butt off for. I'm not certain if either of the above could help provide service connection or not - input would be most appreciated. Currently I recieve SSDI for Bipolar , the only condition I intend to apply for w/ VA [*]I bean receiving treatment early 2005. [*]Applied for SSDI in Dec. 2005. [*]Awarded Benefits May 2008. [*]Award states that I've been disabled since June 22, 2004, the day after my last day of active duty. [*]Three evaluations with average GAF's of 55 from three Dr.'s were partial basis for this award. [*]Award included documentation from my military medical record concerning the diagnosis of Depression. [*]No other medical claims or job history. I currently receive care for my condition, and have been receiving care since Jan. 2007 My questions are: [*]Do I have service connection based on the in-service diagnosis, since depression is the precursor to or misdiagnosis of, bipolar? [*]My Dr. is willing to write a letter for me to serve as a nexus. He is concerned over his legal liability - is there any in this case? [*]If his letter is disregarded by the VA, would my SSA award serve as a nexus, since it includes the early in service diagnosis? [*]Since the SSA considers me disabled, will the VA look at it similarly and give weight to my award? [*]Do I apply for TDIU with my initial application? [*]Would my effective date be that of my award letter in 2008, my last date of employment in 2004, or the date I file, in a couple of days? Any and all input would be greatly appreciated. Thanks for taking the time to read this. And a special thank you to all the men and women who take the time to help others navigate the VA/SSA jungle!!! Semper Fi!
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