Bcnr And Vba Cue

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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.

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Yes, these two were made together, on the same page. reading

"Dx: (1) Antisocial Personality ז

passive-dependaent features

(2) R/o: Manic-pressive Illness

handwritten, this was after a MMPI and wruten 3 days after I had first seen him.

At he end of the first session, he had written

"Dx: Paranoid Personality

Rx: Take MMPI"

Being older and wiser (hopefully), I can see complaining about my discharge,circumstances etc had him pigeon hole me. I just read a few things by your reference to Mr. Crosby, that that may be standard thing, the VA looking at your SPD code make making some assumptions, or perhaps just myself informing him of problems I had( the previous dx by a PHD-psych that was denied/overruled by a MD-psych. The funny thing is.. that was the last time I received any dx of personality disorder. My hospitalizations since in 85,97, 97 or treating psych etc never mentions that. But it appears as a secondary diagnosis in my rating decision and the exmaing C&P psychiatrist, although asked in the referral, makes no comment concerning it. The rating decision states I "also have a concurrent diagnosis of personality disorder" but it is the only time it was ever addressed, dx or otherwise. All other records are devoid of any personality disorder in their diagnoses.

On my DD214, separating me on 4DEC81, in the Remarks section, the narrative appears:

"EXTENDED ENLISTMENT ON 28MAR81 FOR 02YEARS. EXTENSION WAS AT THE REQUEST AND FOR THE CONVENIENCE OF THE GOVERNMENT"

re:

[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.