DRO Appeal evidence

[BuddyLoveAK]

Hello,

I have been looking through the forums trying to get an idea of what to expect during the appeals process, and I learned a lot! Thank you to everyone on here who shares their past experiences and wisdom. I am hoping to get some advice, feedback, or even speculation as to how strong my appeal is. I have been going through the Schedule of Ratings for Mental Disorders to try and figure out where I might fall on that spectrum, but I fit in several categories. Can anyone share their opinion on where I fall? I know this is all speculation, and each case is unique, so I'm not going to take this as gospel. I'm just trying to get an idea of what other people who have experience with this think of my case. Right now I have no clue whether or not my IMOs, C&P exam, personal statement, and my mom's statement are any good or if I may have included any information that could hurt my case. Attached is all of the evidence I submitted with my NOD. A couple of notes: I didn't tell the C&P exam psychologist that I had a personality disorder, I told him I did NOT have one. However, he wrote that I admitted to having one. Also, the progress notes page with the highlighted sentence is from my psychiatrist's progress notes. One attached file is my personal statement, the other file is everything else.

 

Brief history: I had what I believe was a manic episode in the Marines and was discharged with a borderline personality disorder after some shady stuff with my command and the navy psychiatrist, was untreated following discharge for 7 years, had another episode in 2014 that led to me being diagnosed with bipolar 1, my docs urged me to file for benefits because they think this started in the Marines, denied, appeal submitted. 

 

Thank you for your time and input!

 

 

 

VA Appeal copy_Redacted.pdf

20170511160843_Redacted.pdf

Edited May 12, 2017 by BuddyLoveAK
Attachments

[Berta]

I had a friend who I got  SC 100% P & T for Bi Polar. ( it took ten years because he kept forgetting to mail the SF 180 I gave him, to the NARA.)

His retro was almost 1.4 a million.

Do you have your complete SMRS and 201 file?

He had no SC rating at all until he won.  But there was more to that story......he had a strong IMO that his shrink, who I knew personally, wrote after I explained to him what the veteran's 201 file revealed. This was Navy in the 60's and the Navy knew nothing about Bi polar. and threw him, into the brig .The PDF ( I dont have time to read it all yet) says they put Personality Disorder on your DD 214.

That happened to many Vietnam vets ( who actually had PTSD or other MH issues)

 "my docs urged me to file for benefits because they think this started in the Marines, denied, appeal submitted." 

If your doctors are will to prepare an IMO based on review of your SMRs and 201 file,with a full rationale for why situations in service (the docs must refer to the dated entries in the SMRS/201 file at that point) would be "as likely as not " manifestations of bi polar inservice, and also refer VA to and attach any strong current medical abstracts or texts to support that, you could potentially succeed on this claim.

Maybe my opinion will change after I read the whole long PDF however....just dont have time  now but others will read it all and  help too.

The IMO/IME criteria is here in our IMO forum under a SEARCH.

My friend also had a SSDI award solely for his Bi Polar, so they had to award him 100% P & T.

He was so grateful to me that he wanted to take me out to lunch.....

in Ireland.

He owed me nothing at all. I have already been compensated with Freedom by the sacrifices of all of you.The Ireland trip idea was an obvious manifestation of his 

Manic state at that time. The VA made his wife the Payee. A good idea and he agreed with that.

 

 

 

Edited May 12, 2017 by Berta

[broncovet]

I agree with Berta.  You need competent medical opinion to refute what the RO decision says that the examiner stated your bipolar disorder was not related to service.  

That means you have no nexus, at least that the VARO admits to.  

My advice:  GET your cfile, or at least your medical records, and read them and see for yourself if you, indeed have no doctors saying that your bipolar is related to service.  

If you do have such medical statments in your file, then you should file "new and material evidence 38 CFR 3.156" and add those documents to your claim.  You also need your SMR's to find out if your pre entrance physical documents mental health problems prior to service, like the VARO decision so states.  

Focus on the DOCUMENTING THE BIG THREE (Caluza Triangle):

1.  Current diagnosis of bipolar.  This is apparently not disputed.  

2.  In service event or aggravation.  Did you have an event which happened that caused bipolar??  What do your SMR's say on this issue?  

3.  Your nexus, or medical link between your in service event and your current diagnosis.  This seems to be a weak link, and you wont get sc until/unless you solve the nexus problem.  Dont go to appeals without  a nexus, you will be as welcome as a terrorist at a white house dinner.  

[broncovet]

Understand the difference between "negative evidence" and "no/lacking evidence".  

Negative evidence:  A doctor states that your bipolar is unrelated to service.  You have to refute this with favorable evidence for SC.  

NO/lacking evidence:  The doctor says nothing about your bipolar related to service.  This should generate a c and p exam to determine if there is negative/favorable evidence.  Dont count on VA doing their job on this, tho, you will have to try to get a c and p exam or pay for an IME/IMO.  

FAVORABLE EVIDENCE:  A doctor says your "Bipolar is at least as likely as not related to service".  

If you have favorable evidence, you SHOULD not need an IME/IMO.  

If you have negative evidence or no evidence, then you need an IME/IMO, or at least another VA doc who provides favorable evidence.  

Edited May 12, 2017 by broncovet

[broncovet]

Also remember the presumptive here:

The presumptive is that your doc did his job when he gave you an entrance physical  If he says you have no mental health disorders, and, after service, you wind up with a mental health disorder, then its presumed you got that from an in service event.  

[Gastone]

Here's my non-MD/DO MH non-medical opinion, strictly based on being a Jarhead myself. There are those that believe all USMC Enlistees have a pre-existing MH Issue, just because they Enlisted in the Crotch.

What Appeals route, DRO Review/Hearing or Traditional BVA, did you opt for?

That DBQ Dr stating that you're not capable of handling  your financial affairs, hurts. Has the VA hit you with a "Fiduciary appointment Letter" yet?

For what this is worth, think about an SA DX. You have sleep issues and apparently have a BMI in excess of 28%, What's your Neck Size? Check the SA (Sleep Apnea)  List of  Usual Suspects, how many do you have.

Semper Fi

[BuddyLoveAK]

Thanks for responding everyone! It's nice having someone to talk to about all this.

I'm currently waiting for my c file. The FOIA said it won't be until Nov-March before I get it though. That's a good story about your friend and the Ireland offer. I could see myself making that same gesture, that's a big award. And well earned! 

I don't think the IMOs I submitted have the key words and phrases that the VA is looking for. I didn't find this website until after I turned everything in, so I didn't have a template for them to go off of. Here's a few quotes from my IMOs for those who don't want to wade through all that material:

"It is my opinion that he does meet criteria for diagnosis of bipolar 1 disorder and that stress associated with his circumstances within the military may very well have contributed to expression of symptoms associated with this condition." - VA Psychologist IMO (written after she went into private practice)

"I see little evidence of borderline personality disorder. His mental health conditions that expressed themselves at the end of his enlistment...were the early manifestations of bipolar 1 disorder, exacerbated by his armed services conditions." - current non-VA  Psychologist

"That [borderline personality disorder] is clearly not his behavior pattern, and in retrospect, his symptoms at that time were the onset of what is now clear as bipolar disorder." VA Psychiatrist Progress Notes

I opted for the DRO review. I have not received a fiduciary appointment letter. I actually had a sleep study done for my insomnia and they said there's no sleep apnea. I did the CBT for insomnia and it helped some, but I think my insomnia is mostly related to my bipolar.

I signed up for eBenefits and discovered something about my depression diagnosis. It says that I have "depression (38 USC Section 1702) Active Psychosis/GW Mental". I've been looking into it and my understanding is that since I was diagnosed with depression within 2 yrs of my discharge then the VA will recognize it as service connected in so far as they will provide treatment, but not compensation. Is that correct? Considering depression is part of bipolar, isn't it common sense to connect the dots and say that my bipolar is 38 USC Section 1702 Active Psychosis/GW Mental? Will having this 38 USC Section 1702 Active Psychosis/GW Mental help my case?