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Do I Have A Chance?

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Fehlschlag

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Hello, I'm just wondering if I have a chance at all with my claim. I'll go over all of the details so an educated guess can be made.

I served in the USAF for a little over a year, no mental issues whatsoever prior to service although somehow my SMR's state depression started before service and I had a past suicide attempt. I think they must've misheard me because I tend to mumble a lot now. A few months after arriving at my new base to receive final training for my job I was hospitalized and diagnosed as bipolar 1 disorder (now diagnosed as schizoaffective disorder) They discharged me saying it existed prior to service based on the incorrect information in my records that stated depression was experienced before service and the suicide attempt in high school.

I have sent 21438's from myself, my wife, and my mother stating that depression didn't exist whatsoever prior to service and there were no suicide attempts at all. Along with this I have sent a letter from both my psychiatrist and psychologist. My psychologist stated that "more likely than not" my condition was incurred or began during military service. My psychiatrist stated that my initial episode was triggered by military service, and my condition is a result of experiences during military service.

I have had my C&P exam and the examiner stated: " he had what appears to be his first break of psychosis while on active duty and was hospitalized." blah blah blah "The veteran is competent for VA purposes while compliant with medication. He is employable only in a very limited setting in which he would have little contact with the public, very predictable expectations for performance, and very limited changes in environment due to sensitivities to stress."

Diagnoseses:

Axis 1: mood disorder NOS, w/psychotic features

axis2: none

axis 3: see c-folder

axis 4: Stressors are chronic and severe

The psychiatrist, however, keeps telling me that the VA will not accept service connection and claims the outlook is dim for me because my condition would've developed anyways. However, he knows nothing of how the VA works so I try not to take his statements to heart.....I really just don't like they guy. He won't help me with much of anything he just keeps trying to shove me back into work but both times I've tried to return to my job my symptoms flare up and I end up unable to continue working.

My psychiatrists negative outlook on the outcome of my claim is why I'm here asking for input. It keeps running through my head, I need more input negative or positive, just lay it on me please. Waiting for the decision is killing me.

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I think you have a good chance of getting service connected by what the C&P exam doctor stated. He said your first psychotic break happened in service. The VA is damned by their own doctor. Now they may still try and say it was pre-existing because nobody wants to pay for your compensation. The Air Farce did not want to pay so they faked your records. If you had broken your back after a year they would have to pay because they took you as being able bodied.

Your C&P exam is better than anyone I ever had in 40 years. He does not say you have a personality disorder so that is good. The AF erred when they discharged you with no benefits because of pre-existing condition. They have no objective evidence of pre-existing condition. What did your discharge say about why you were discharged?

Thanks for the reply, that's good to hear that my C&P exam is great. My discharge just said I was discharged due to condition EPTS, and incorrectly said Bipolar II disorder when all of my other paperwork said Bipolar 1 disorder. They of course cited the depression before service and said that was evidence of my condition existing before service and what occurred in service was natural progression of my disease. I wasn't aware that people with depression often get schizoaffective disorder.

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Just checked ebenefits and it is currently in "preparation for decision" status "The Veterans Service Representative has recommended a decision, and is preparing required documents detailing that decision. If more evidence is required, the claim will be sent back in the process for more information or evidence." :lol: hopefully it's right, hopefully it won't be too much longer.

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Remember<if your condition developed before your military service and you was ammitted a year after you was in service to a hospital that means that the military caused your condition to worsen and with the evidence you have you can say that military service agitated your condition and you can be service connected because your service made your condition a lot worst affter you enter the military.

mobie

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I totally agree with John about the C&P examiners comments. The comments from your psychologist isn't to shabby either. As far as the so called psychiatrist comments, well, I would think a good rater would just laugh at him, knowing you could get SC for pre existing conditions, known as "aggravation". Go a little bit further, even if the rater considers his comments as good evidence, I would think the rater will see it as "benefit of the doubt", in your favor, due to the positive comments from the other 2 Dr's and the laymans from the others . JMO...I see this as a winning claim either way it goes. Hey, they accepted you as able to serve, then served for 1 year and dumped you with no compensation has me puzzled. Something is wrong with this picture.

Coot

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  • HadIt.com Elder

Are you still breathing? I was told many time growing up that as long as you are still breathing you have hope, you have a chance. As the other, better informed members have told you this is a claim you can & should win. My problem & probably yours also is we hate to wait. I think the bright sun will shine soon on your claim.

Good Luck,

Don

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I read your post and it sounds almost word for word like my case. They discharged me under pre-existing and that was over ruled and I was given 50% direct service connection. I was in right at 1 yr. in 1971 and 72. I think you will be just fine.

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