cryingbear Posted November 18, 2013 Share Posted November 18, 2013 (edited) deleted Edited April 7, 2014 by cryingbear Link to comment Share on other sites More sharing options...
cryingbear Posted November 20, 2013 Author Share Posted November 20, 2013 The VA is still working on my claim at the moment. They have been for over a year. Link to comment Share on other sites More sharing options...
Berta Posted November 21, 2013 Share Posted November 21, 2013 Maybe the VA got the idea of a pre existing condition from your SSA records. You are right on the reg you posted......as to clear and convincing evidence to rebutt soundness. “I am looking for a lawyer but its hard to find one in my area,” A VA accredited attorney does not have to be in your area. Just google Veterans claims attorney.or google veterans lawyers hadit.com Also we have interviewed many Vet lawyers in our SVR shows here available in the SVR archives. http://www.svr-radio.com/archives.html Many ,like Chris Attig ,Bob Walsh, Doug Rosinski and members of the B & M firm (Bergaman and Moore)are very user friendly and will respond to your email. Bob and Doug and also B & M lawyers have been SVR guests here . VetlawUS 1 Link to comment Share on other sites More sharing options...
cryingbear Posted November 21, 2013 Author Share Posted November 21, 2013 Thank you for all the information. The VA didn't have my SSDI records during my decision, I didn't realize they were relevant until 3-months ago when I received VCAA notice asking for SSDI records. The SSA examiner didn't mention any psychiatric condition prior to boot camp. He noted I felt depressed in boot camp and was given an antidepressant and became hypomanic. He also opined I will likely be depressed or manic in work-like settings. I am rethinking the CUE and instead planning to ask for EED because they didn't have my guard SMR records during the decision. It is very frustrating that raters do not have the medical or legal knowledge to know that depression is part of bipolar disorder and that I was denied because raters didn't apply the presumption of soundness. The VA asking the second examiner if my bipolar disorder that "clearly and unmistakably" existed prior to service was aggravated doesn't make legal sense since under the presumption of soundness the VA would have already proven by clear and unmistakable evidence both that bipolar disorder was pre-existing and was not aggravated by service. I became ill and applied for compensation under the advice of my commander, I didn't know I would have to study veteran's law to fight with the VA to receive benefits. I do not like being disabled, I was an electrical engineering major with plans to attend law school and become an officer before my diagnosis and ECT. Link to comment Share on other sites More sharing options...
cryingbear Posted November 21, 2013 Author Share Posted November 21, 2013 (edited) Bipolar Disorders This section includes Bipolar 1 Disorder, Bipolar II Disorder, Cyclothymia, and Bipolar Disorder Not Otherwise Specified. There are six separate criteria sets for Bipolar I Disorder: Single Manic Episode, Most Recent Episode Hypomanic, Most Recent Episode Manic, Most Recent Episode Mixed, Most Recent Episode Depressed, and Most Recent Episode Unspecified. Bipolar I Disorder, Single Manic Episode, is used to describe individuals who are having a first episode of mania. The remaining criteria sets are used to specify the nature of the current (or most recent) episode in individuals who have had recurrent mood episodes. (DSM-IV-TR, pg. 345) Bipolar I Disorder Diagnostic Features The essential feature of Bipolar I Disorder is a clinical course that is characterized by the occurrence of one or more Manic Episodes (see p. 357) or Mixed Episodes (see p. 362). Often individuals have also had one or more Major Depressive Episodes (see p. 349). “To count toward a Major Depressive Episode, a symptom must either be newly present or must have clearly worsened compared with the person's pre-episode status.” (DSM-IV-TR, pg. 301). Edited November 21, 2013 by cryingbear Link to comment Share on other sites More sharing options...
FormerMember Posted November 21, 2013 Share Posted November 21, 2013 They rebutted the presumption of soundness when they made the finding that you suffered it before service. The litany of evidence they produced is particularly damning. If your sister is indeed BP, then this will never fly. The miracle is why they let you into service with it as a pre-existing MH issue. I don't see the CUE. Remember, they have to violate the law, they have to be guilty of being in possession of the evidence and not seeing it and it (the mistake) had to manifestly change the outcome. If you do not submit records and they do not obtain them, that is a failure of the duty to assist, Caffrey vs. Brown took that one off the table. If you had a personality disorder that manifested in service, then they get to skate too. I can't think of any laws or regulations that were ignored here. I'm sorry. I'm not trying to be obtuse or insinuate your claim is without merit, but if there is merit, I don't see it. Many Vets try to read into regulations and statutes a meaning that comports with their view of the injustice. I feel that may be the case here although I wish it wasn't so. I have never been one to dissuade a Vet from a claim. I won't start now but I feel success may be nigh on to impossible with this one. a cp Link to comment Share on other sites More sharing options...
cryingbear Posted November 21, 2013 Author Share Posted November 21, 2013 (edited) deleted Edited April 7, 2014 by cryingbear Link to comment Share on other sites More sharing options...
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