Bcnr And Vba Cue

[solarlight]

I am 100% service connected for bipolar disorder, rated in August 2000 with an effective date of October 1997. As usual, I had been denied, appealed and had a hearing which resulted in my rated disability. I received a Honorable discharge, E-5, 4 years, 8 months, 6 days of service. At the time of my discharge 4 DEC1981, I was given a RE-4 reenlistment code,a SPD code of JMJ and narrative reason for spearation as "Unsuitability - apathy, defective attitude and inability to expend effort effectively"

Needless to say, the rating by the VA along with all medical opinions stated that my bipolar disorder began during my active duty (or else I wouldn't have been rated). Both my treating psych and my C&P eval psych stated my BP was present prior to discharge).

I had had two psych hospitalizations in service ( July 1980 and Jan 1981). My medical record has notations that I had sleep disturbances "not having slept for two weeks", elevated Blood pressure of 160/100 over 6 six months prior to my first hospitalization( this first hospitalization ened up with a Medical board statig no disease found.. but I think that ws beucase I had told the doctor I needed my security clearnace and didn't want to jeopardize that) and just prior to the commencement of dicharge proceedings a competency for duty report stating "snm has neen extremely tired and unable to do duty tasks" and clinical notated "has been working long hours"), normal, oriented x3, return to full duty. The discharge was when I assigned to on the USS Coral Sea in the Persioan Gulf.. an assignment a couple months after my second hospitalization. I was a Safety Officer on the Coral Sea, in which I had to oversea various facets of the ships operations, including medical emergencies ,helo-reps,underway-reps, flight ops etc. BUt to me it was a very strange position I had never had shipboard or air-ops duty until this tour, I had been a comm/computer.sonar tech at a shore station in sub/ocean surveillence. Needless to say, I knew very little about the job i was assigned. My last eval stated that I performed these duties as would a competent Seaman, which I now regard sort of as superlative as th assignemetn was so foreign to me.

My question is this concerning CUE (clear and unmistakable error). When I was discharged, I sought VA help for my psych problem. I was open concerning the status of my dischage and this Va clinocial psyholgist wrote up a two part diagnosis, paranoid disorder and "r/o manic depressive illness: which from I have acertained means that there is a distinct possibility that it is bipolar/manic depressiion, in his report he stated I appeared "manicky"., In any cause this claim was denied in 1983 but only listed the first part and called it a "personality disorder". I was hopitaized a few times since, in 85,87, and 97 whihc led up to my current rating (100% schedular srevice connected).

NOw what I want to do is petition BCNR for a chage in my discharge to PEB, along with the chages in re-code and narrative, and also to petition BVA for a earlier date of disability.. at leasy no later than my first informal request of '83 or use the PEB upon discharge. I did not recieve a NJP, but my perfromance marks were not so good in my last eval.. I had used to get very good marks and these really stank, but nothing bad in my conduct.

[Berta]

You can only CUE a decision based on a decision from a final and denied claim.

Did you file a formal claim after your discharge or at any point up to filing the claim that you succeeded in?

A CUE claim is based on a final and unappealed decision.

Do you have a final past decision you are saying the CUE opccurred in?

You did very well in my opinion so far- you sure must be persistent!

Do you have any access to the Veterans Benefits Manual by NVLSP?

Are you in any position to purchase the newest edition (actually the new one-I just heard from NVLSP- is be printed off now- soon to come out-it contains an entire Chapter on BCMRs and how to deal with those matters.

Have you made any formal attempts yet with the BCMR?

Have you used the DD 149 yet?

I also suggest that you try to contact Edwin Crosby

(first try to access his show in archives at the SVR button at Stardust Radio.com

Any media player you have should bring up his shows-

Ed would know better then I what the dates were-

[solarlight]

Yes, I did file a claim in 83 and it was denied in 84.

In the denial, the claim failed to state that the diagnosis of the examining clinical psychologist in 83 (VA consultation sheet) included bipolar affective disorder. His diagnosis was personality diorder vs. bipolar disorder. The rating decision made no mention of this, just a personailty disorder which is not cognizable under a claim for benefits but of course the BP was. I do believe that the omission of this had a direct bearing of the rating being denied. This diagnosis was written together (the only mention of any diagnosis in the consultation sheet of that timeframe). I suppose I could state that because of the failure to include the complete diagnosis (written as DX: (1) ... (2) .....), which was in front of the rating examiner, the results would have been different.

I do not know what rules, etc were in effect in 83, perhaps no duty to assist, or whether or not this BP was sufficient for them to be required to investigate this BP via further evaluation. What I did learn though is that DO NOT BE SEEN BY A PHD PSYCHOLOGIST.. THEY GENERALLY WILL RENDER A NON-COMPENSABLE DISGNOSIS. I think the ARMY REQUIRES a medical psychiatrist.

[solarlight]

I did forget to mention that prior to my rating decision, I had requested to the BCNR a change.. but of course, I wasn't service connected then for BP. It was summarily denied. I am quite sure at that time, it wasn't a complete request.. I was not truly in the best of mental condition, it might have been more of a rant then.

But since then, I have obtained copies of all my service records (meidcal and others, at least what they say exists.. though it appears in their copying them, they failed to copy all pages (one side but not the other in some of the records, but for the most part complete). I have noticed though, that no examiner actual does complete perusal of the record. they see on e thing and ignore the other.. usually they see damging evidence to you but the the exonerating evidence which is placed after that).

An example is a psychologist report that says one thing, and then later a psychiatrists report that completely reverses the psychologist report, stating that "that consultation was provided, was not by a medical officer and there exists no evidence of that reports' diagnosis").

It is a hard road to navigate, and I think some consideration must be given that a person , young and uninformed, especially with some mental disabilty, can be expected to suffer more in frustrations (that is excerberate his condition) because of the roadblocks set up to disparage an otherwise meritorious claim.

[john999]

Did you have a private medical report as well as the VA exam as evidence of bipolar disorder. Your claim reminds me of my own. I was kicked out in 1971 as being "unsuitable" and I did file a claim within one year of discharge and was granted 10% for residuals of schizophrenia. I had a private medical opinion that said active chronic schizophrenia but the VA just ignored that report. If you go back and try to get your discharge changed to a medical with a pension you will need a lawyer. The military boards are just ruthless with vets. If it has been more than 15 years you must get there permission to appeal. Maybe the CUE thing might fly for an earlier effective date but these things are hard because if it is a question of judgement you are screwed. If there are records the VA had in their possession that they did not review then maybe you have a chance. If you file the CUE you may want to consult with a lawyer also to see if you have engough to go forward. Since it involves retro a lawyer might take it up. What happened to you was standard for many in those days. I bet many of the PTSD vets from Nam got bad conduct or undesireable discharges because of their symptoms. What a shame and a scandal.

[solarlight]

john999,

No, I didn't have a private medical report when I first filed my claim in 1983. The baisc reason I am thinking of this is that my wife does not have CHAMPVA coverage because my SC rating commenced in 97 and although 100% SC schedular, I was not rated permanent. The 20 year mark gives that to me so if I got it backdated to 1983, I would also get that as well. I just filed an appeal of sorts to get myself rated permanent, but in looking at things, I thought I might as well go whole hog and amend so as to approach them at every angle.

I am very unhappy about that unsuit rap as well. I am sure it does blacklist one with defense contractors but again, I suippose I was too ill then to even consider giving that reason much merit. Not having both diagnosis which were made at the same time, by the same Phd, and then again omitted in their rating denial might be a possbility to merit CUE (or least I would think and just wanted to see if anyone lese here might offer advice, caution or cndemnation of this approach.

Thanks.

[Berta]

http://www.stardustent.com/

http://www.landscaper.net/discharg.htm

http://www.stardustent.com/

http://www.landscaper.net/discharg.htm

I regret I didnt give you the links for those places-in a cloud and having major sattelite access problems-

http://www.stardustent.com/

(SVR RAdio show for vets)

http://www.landscaper.net/discharg.htm

Edwin CVrosby -ex[pert on SPIN codes and other related matters such as discharges or bad paper

I agree with you that a psychiatrist's opinion can sure trump a psychologists opinion- Psychiatrsits are MDs and psychologists are PHDs and cannot prescribe medication nor always successfully use all of the proper testing methods to rule out PD diagnosis for a more favorable and compensable one.

Did you say that a PHD gave two diagnoses?

This problem of the erroneous PD diagnosis is actually plaguing combat vets returning from Iraq- unconscionable-

no one should accept that without getting a full battery of tests to rule PD out-

PD is easy street for the VA in most cases-

they hope the vet won't challenge it.