tdiu denied service connection bipolar disorder *Added C&P docs*

[usmc3073]

Former Marine MOS 5534 Musician Clarinet Player

Service connected 40% left median nerve laceration with neuropathy

found unfit for duty due to injury placed on TDRL, and honorably discharged

FDC claim initiated on 12/9/15 for Bipolar Disorder, and TDIU 12/9/15 via ebenefits.

Claim denied service connection for Bipolar Disorder 3/24/16

Background

I submitted Private medical records from two different psych doctors. I submitted a DBQ from a treating physician as well as VA form for unemployability.. the private medical records had two notations that I noticed my symptoms occuring in USMC.

I was diagnosed in 2001.

I had psych c&p exam.. It was less than sufficient.. The "Doctor" barely reviewed my records misquoted me, and spent all of 5 minutes talking to me.. Mispellings all over the report, and providing 0 medical rationale when making the conclusion that i was not service connected.. English was a second language for him.. "He concluded that my bipolar and median nerve injury rendered me able to hold a job presently."  He left out the word NOT making it appear because I injured my wrist and have Bipolar I can hold a job...making no sense whatsoever.

After I saw this I got an independent Medical opinion that was very in depth, reviewed all of my records including va records and service records, and used proper va language when making her conclusion that my bipolar was related to my nerve injury.. Her report was approximately 10 pages long, and her Curriculam Vitae was about 23 pages long.. She saw me in her office for 2 hours, and took a week reviewing all my records.

Now, since I filed an FDC I knew if i submitted new evidence my claim would be reverted back to a standard claim.. I submitted her report knowing this while my claim was still in the gathering evidence phase.. I saw the report on ebenefits.. I got no letter acknowledging the report, or a letter removing the claim from fdc.. 2 weeks later my claim was complete and denied service connection.

I do not yet have my decision packet so I am not 100% sure what they looked at, but is it possible they simply "misplaced" the medical opinion, and  they made the decision without it being in the claim folder? If I confirm this happened what are my options?

Thank you

Edited March 29, 2016 by usmc3073
added C&P docs and Nexus Opinion

[RUREADY]

summit the evidence as a reconsideration to the claim

if you already been denied for the claim 

[broncovet]

First, you need to wait for the decision.  Does ebenefits (AB8 letter) say anything?  

After you get the decision, you can look at it and see if the applicable evidence is on the decision "evidence list" or if the RO cited this evidence in its reasons and bases.  

If the decision fails to cite said evidnece, then its a safe assumption they did not get it, and you should file a reopen under 38 CFR 3.156.  

Of course, it goes without saying you need to order a copy of your cfile if you dont already have it.  

PS.  Its better if you dont title your post "need help" because everyone wants help.  Much better is a more specific title like "misplaced C and P exam" or something like this.  Volunteers at this site have their "areas of expertise", and look for questions they can anwer within their areas of expertise.  "Need help" is not an area of their expertise.  

For example, if its a "hepatitus C" issue, Alex (Ask nod) is the expert on those.  Berta does the widows, and 1151 claims.  I like the effective date and those related to whether one should hire an attorney.  We all have our niche where we know more than we do than other areas.  Just a sugestion.  

Edited March 25, 2016 by broncovet

[RUREADY]

1 hour ago, usmc3073 said:

Former Marine MOS 5534 Musician Clarinet Player

Service connected 40% left median nerve laceration with neuropathy

found unfit for duty due to injury placed on TDRL, and honorably discharged

FDC claim initiated on 12/9/15 for Bipolar Disorder, and TDIU 12/9/15 via ebenefits.

Claim denied service connection for Bipolar Disorder 3/24/16

Background

I submitted Private medical records from two different psych doctors. I submitted a DBQ from a treating physician as well as VA form for unemployability.. the private medical records had two notations that I noticed my symptoms occuring in USMC.

I was diagnosed in 2001.

I had psych c&p exam.. It was less than sufficient.. The "Doctor" barely reviewed my records misquoted me, and spent all of 5 minutes talking to me.. Mispellings all over the report, and providing 0 medical rationale when making the conclusion that i was not service connected.. English was a second language for him.. "He concluded that my bipolar and median nerve injury rendered me able to hold a job presently."  He left out the word NOT making it appear because I injured my wrist and have Bipolar I can hold a job...making no sense whatsoever.

After I saw this I got an independent Medical opinion that was very in depth, reviewed all of my records including va records and service records, and used proper va language when making her conclusion that my bipolar was related to my nerve injury.. Her report was approximately 10 pages long, and her Curriculam Vitae was about 23 pages long.. She saw me in her office for 2 hours, and took a week reviewing all my records.

Now, since I filed an FDC I knew if i submitted new evidence my claim would be reverted back to a standard claim.. I submitted her report knowing this while my claim was still in the gathering evidence phase.. I saw the report on ebenefits.. I got no letter acknowledging the report, or a letter removing the claim from fdc.. 2 weeks later my claim was complete and denied service connection.

I do not yet have my decision packet so I am not 100% sure what they looked at, but is it possible they simply "misplaced" the medical opinion, and  they made the decision without it being in the claim folder? If I confirm this happened what are my options?

Thank you

summit the evidence if need be. They will consider this

as evidence. You will save yourself (;;;;;YEARS) of appeals

by summiting it now before it goes  to BVA

Edited March 25, 2016 by RUREADY

[usmc3073]

Thank you for the advice.. I will look carefully at the Decision packet when I receive it.. I also called the regional office to request a copy of my C-File.

[usmc3073]

I got my decision packet from VA today. First off, they did review all of the evidence I had submitted.  Frankly, this is laughable here is there rationale for service connection denial

"The Evidence does not show that bipolar disorder is related to the service-connected condition of left median neuropathy, secondary to laceration to wrist, nor is there any evidence of this disability during military service.

The Evidence does not show an event, disease or injury in service. Your service treatment records do not contain complaints, treatment, or diagnosis for this condition.. We did not find a link between your medical condition and military  service."

That is it.. I mean did they read my file at all?  What at about agravated service connection, what about presumptive service connection.. It is like they looked in my service record and saw I didn't have a diagnosis and went no direct link...denied.. I wasn't diagnosed, and treated until 4 years after I got out, but had symptoms way before that.

My nexus medical opinion opined about that very subject.. 

Their "Rationale" literally quotes none of my private records or medical nexus opinion at all.. I mean I had records from 3 different psychiatrists one of them treated me for 6 years, and the one who wrote my medical opinion has been in private practice since 1984, and is an executive board member on the board that certifies Psychiatrists.. I mean what does the VA want me to do resurrect Sigmund Freud...

Don't have my C-file yet so I know I have to wait before I file a NOD.. Anything I should do in the mean time?

[usmc3073]

yes i did.