Disability Claim For Bipolar Disorder - Any Help Would Be Appreciated!

[kkarlson]

Hi everyone,

I have been reading through several posts from people with similar issues. I have a few specific questions that I would love to get feedback on, though I also know that each and every claim is unique and there is no such thing as time frames or standards associated with a VA Disability Claim. However, any advise or personal experience you can share would go a very long way!

Background on my story:

I was medically separated from the US Air Force after a little over three years, honorably, after being found to be Axis 1 bipolar 2, Axis 2 personality disorder, self-defeating traits, and ADHD by a medical review board at Lackland Air Force Base in 2007. My separation paperwork clearly states that my condition was found to be NOT EXISTING PRIOR TO SERVICE and/or PERMANENTLY AGGITATED BY MILITARY SERVICE. This, I know, is in my favor. I didn't file a claim right away because I was unsure of how to go about it, then later found out that it can be done online, so that is what I did. I opened my claim for bipolar 2/ADHD along with degenerative disk disease (also diagnosed during service,) back in June of 2011 with the Chicago, IL Regional Office. We are coming up on a full year now and I have supplied more than sufficient documentation (including medical records during service, medical records for current treatment, letters of support from family and friends etc.,) and the VA has had it on file now since my claim entered "Review of Evidence" status on October 24, 2011, yet I have had ZERO correspondance from the VA. I have called on several occassions inquiring on the status to no avail. I continue to receive notifications stating that "We continue to review your claim and it will be processed as quickly as possible. We apologize for the inconvenience." I understand that the VA is very far behind due to being under-staffed, and the explosion of claims coming in from soldiers returning home from overseas (God bless them all.) I am not complaining about how long it has taken to this point, but I would like to know if there is a light at the end of this tunnell. Anyone shared in a similar claim that has any insight as to where it will go from here would be fantastic (i.e. will I need to have a C&P Exam since I was diagnosed while in the military and it was found to be not existing prior to service? How much longer might this go? What kind of rating can I expect? etc.)

I believe I am at least 50% disabled due to this condition. I am writing this long post because I am going through yet another manic episode, shaking from the Adderall I have to take daily just to remain focused on my job and family. This condition has caused me to distance myself from those who care about me, contributed to several episodes of infidelity with my previous wife (obviously we divorced,) a loss of employment (working again, but was laid off due to work related issues,) extreme mood swings, sleep deprivation, mild memory loss, panic attacks, impussive spending, alcohol abuse, increase in narcasistic tendencies, eating disorders, drug abuse (not illicit drugs, but stimulants,) severe depression and self loathing, self-defeating traits etc. It has been terrible to deal with, needless to say. Not only for me, but for my family as well. I had a really rough experience while in the Air Force and I was both physically and verbally abused quite often, starting in basic training and all the way through my three + years. I began to lash out and fight back which made matters much worse. To this day, while I have fewer stressors, I continue to battle tendencies caused by this disease. I have documented all of these issues for the VA so that is all part of my claim.

If you have read my entire rant and haven't run for the hills yet, I applaud you and sincerely appreciate you hearing me out. Like I said earlier, if anyone has any first-hand knowledge as to what I can expect moving forward, it would be wonderful. Here are the questions I would like to get some "best guesses" on:

1. Considering the evidence I have mentioned above, what would be a "reasonable" rating percentage in your best opinion?

2. How much longer can I expect to wait to hear about a C&P Exam, or my claim entering the prep for decision phase (considering the thoroughness of my claim and assuming they have everything they need to make a decision, of course.)?

Once again, thank you in advance for any help you may be able to offer.

Best Regards.

Edited April 18, 2012 by kkarlson

[bluevet]

I think I'm going to have a freaking panic attack now... I just went to check the eBenefits status again and now there has been a new claim opened as of today... the same day my one and only claim closed. The status shows as "predetermination" and I don't know what the hell is going on. I was found to be incompetent per the VARO, but I am lost and not feeling as good about things anymore... I hate this process :(

Does anyone have any idea what is going on? Not speculation, I'm hoping for personal experience. I don't think this is rare, but then again I really have no idea.

I use the ebenefits site to track my claim also, but I don't see "predetermination" as one of the status possibilities. Do you mean "preperation for decision"

[kkarlson]

Award letter came today and Rick, you were right on. Fortunately, that December 2012 date was only the "Cost of Living Adjustment" and not the effective date as I had initially feared it was. I spoke with my VSO today and he told me the quickest way to handle this "proposed incompetent" claim would be to send off a statement of support by myself, my wife and my parents which I did today. I am hoping in the next 60-90 days I get a resolution to that. I will post once this ordeal is over with in hopes that somebody reading this in the future with the same issues can sleep better at night having the info and timeframe I dealt with.

Kris

[bluevet]

There is really no way for someone on this site to accurately tell you what your rating will be. That being said, I have read a whole lot on this subject, including many appeal adjudications and it seems from your story that there will be no question that your disability is service connected. You do not need your doctor to confirm that this is not a pre-existing condition. By law, unless the VA has evidence that the disorder existed prior to service, then the automatic assumption is that you were in good health upon service entry. As far as what your rating will be, all I can tell you is this: If you get anything less than a 70% rating, Appeal Appeal Appeal! Since you were actually discharged because of bi-polar disorder, I doubt that an appeal will be necessary for you :)

[carlie]

Award letter came today and Rick, you were right on. Fortunately, that December 2012 date was only the "Cost of Living Adjustment" and not the effective date as I had initially feared it was. I spoke with my VSO today and he told me the quickest way to handle this "proposed incompetent" claim would be to send off a statement of support by myself, my wife and my parents which I did today. I am hoping in the next 60-90 days I get a resolution to that. I will post once this ordeal is over with in hopes that somebody reading this in the future with the same issues can sleep better at night having the info and timeframe I dealt with.

Kris

You can also get a letter/s of support from doctors

and/or request a field office visit.

[kkarlson]

Hi Bluevet,

I am actually good to go. I received my rating last Friday (after a two year and two week wait) but they propsed incompetence. However, I checked the bank account this morning and for whatever reason, the retro was released! I have 4 letters to support my competence, so I will send these off to the VA and hopefully it won't interrupt monthly payments. My entire claim went very well and I am satisfied with the outcome. I have read so many horror stories so I feel fortunate that I had a very fair C&P exam.

I thought I was rated Total and Permenent, but it says that there will be a future examination made... this isn't a condition that goes away, so I am a bit perplexed by that (hoping they don't try to lower my rating a year or two down the road!!!)