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Borderline personality disorder

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randyroe1

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Hello,

 

I was diagnosed with bi polar disorder while active duty for four years. I have been treated at the VA for a length of time for bi polar and became service connected for bi polar. I am seeing a new psychatrist at the VA and they are ruling out bordeline personality disorder and believe bi polar in service may have been a mis diagnosis.

 

1. Can I lose my service connection if it is decided I am borderline and not bi polar? 

 

2. WIll VA have any responsability if they misdiagnosed me with bi polar seven years ago and I may have borderline personality disorder which involves a different approach of care? 

 

Thank You

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1.  No.  You wont be reduced "solely" on a change in your diagnosis.    Read this:  https://www.law.cornell.edu/cfr/text/38/3.344   Do you see anywhere it says that you can be reduced if your diagnosis changes?  Nope.  It says you have to show "actual improvement under ordinary conditions of life".  Medical science changes..what we used to call "shell shock" is now called PTSD.  It may have still another name next year.     While the VA LOOOOOVESSSS to blame Veterans for most everything, its not the Veterans fault that medical science changes and treatments and even diagnosis change.  Try as VA might, they have not found a way to blame Veterans for constant changes in medicine.  

    Given the regulation I cited, however, VA is "not above" trying to pull stuff off and reduce you anyway.  They will go away when they understand YOU understand the regulations prohibit a reduction unless you have acutally improved, given that you have been rated with this more than 5 years as per 38 cfr.3.344 C, posted above.  

2.  Probably not, but possibly.  Are you alleging your conditions got worse because VA misdiagnosed and mistreated you?  You would need medical evidnece to support your position.  If a medical doctor provided a credible opinion that your condition worsened because of VA misdiagnosis and ineffective treatment, then maybe so.    Doctors do make mistakes and some Vets file an 1151 claim alleging the VA medical care caused problems.  You can go there, but make sure you have sufficient medical evidence or else it wont work out that well for you.  

 

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Can you explain this statement:

"they are ruling out bordeline personality disorder and believe bi polar in service may have been a mis diagnosis."

Borderline personality disorder is not a compensable disability and I wonder why that is even an issue since you do get SC for bi polar . It is a good thing they are "ruling out Personality disorder".

I have  good friend ( US Navy)who had bi polar in service but was chastised  for some unusual behavior and thrown into the brig- ( This was in the late 1960s and the Military really did not understand bi polar.

Fortunately he finally took my advice ( after years of SC denials) and much insistence on my part  and filld out and maied the SF 180.....

and won his claim at the BVA 100% P & T with a six figure retro amount.

 I sent him a SF 180 ( more than once) and told him to request his complete SMRs and also his NAV 201 personnel file. When he got it I asked him to show his VA psyche doctor what was in it as to the brig incident, because (I knew his doctor well) and actually I told his doctor as I recall, the 201 file revealed manifestations of behavior that could only be attributed to the bi polar diagnosis  and SSDI award he got from SSDI sometime after he left service.

The VA doctor wrote  a very brief but strong letter to the VA regarding his bi polar- and how the brig incident and an Article 15 were due to undiagnosed bi polar ( he also agreed the Mil didnt have a clue on this diability in the late 60s, and added tat t the letter,but since the veteran uses the same RO I use (They cant read) his claim went to the BVA and the VA awarded him, because his evidence as excellent.

I am bringing up his claims story because I do not understand this:

"WIll VA have any responsability if they misdiagnosed me with bi polar seven years ago and I may have borderline personality disorder which involves a different approach of care? "

They might- as Broncovet mentioned -under 1151. 

However , I know that would be a devastating outcome to you, if they think yur have PD and not Bi polar because they VA does not compensate Personality disorder.

Did the Military diagnose you with bi polar before your discharge?

Do you get SSDI solely for the bipolar?

Do you have any VA document you can redact ( cover C file #, name etc) and attach here, that indicates

the VA is actually considering a misdiagnosis or a reduction of comp due to personality disorder?

What is your SC rating for the bi polar?

My Navy friend above used to live in the Domiciliary here at the Bath NY VAMC.

Many years ago they started to kick out NSC vets from the DOM and he became homeless for a while until his wife let him come back home. It still pisses me off because no one at that point ( he even had a vet rep) would give him the advice I gave him, then follow up to make sure he filed the SF 180.

 

The Feres Doctrine says the Mil cannot be sued for malpractice.

There is movement and some lawsuits to have that changed but it could take years.

 

 

Edited by Berta
in cloud ,limited access
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I was once declared to be suffering borderline personality disorder by the VA, this after they had assigned over six other diagnosis's for my "mental disorder".  It is a cop out on compensation and treating you since it is almost impossible to treat.  Do not let them go down this rabbit hole.  If they say you have this request another exam, outside of the VA if necessary.  This diagnosis is a hit job designed to deny you compensation and treatment.  I would stick to the Bi Polar diagnosis and fight any attempts to change it.  

Wait and see what the diagnosis is and if they do diagnosis BPD fight it.

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Vetquest-you are 100% correct.

The very first member here who welcomed me to hadit decades ago got that same PD BS from the VA.

He fought back and finally got 100% P & T due to SC PTSD.

 

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