Finally received my C file.

[Wanderer]

I've been awarded 100% via TDIU (70% bipolar & 30% asthma) and I seek back pay to 1997 when I submitted my first claim for bipolar disorder.

In my C file the C&P examiner states he found and lists symptoms of my mental disorder in a 1983 inpatient report of when I was hospitalized for two weeks in a psychiatric ward. Is that sufficient for a CUE claim for the start date of my disability pay?

[Wanderer]

7 hours ago, Berta said:

If you can  scan and attach the Evidence list here, that came with the 1997 decision,

it would help.

 

I shall search for it.

[Wanderer]

16 hours ago, Berta said:

If you can  scan and attach the Evidence list here, that came with the 1997 decision,

it would help.

My first search for the Evidence listed in 1997 came up empty. I used the search term 1997 and none of the results are an 1997 Evidence list.

Found it using the search term "evidence list".  Hope these pages are legible.

Edited January 18, 2021 by Wanderer

[pacmanx1]

1 hour ago, Wanderer said:

Found it using the search term evidence list.

I know this is what we asked for but IMHO(IN MY HUMBLE OPINION) we also need to see the rating decision that granted you service connection for Bipolar Disorder. So can you post the decision that granted you service connection for bipolar disorder?

While I do agree with both you and Ms. Berta that your 1997 rating decision and evidence will help and shed more light. What sticks out to me is that you posted that you have a current rating decision of 70% for bipolar disorder, if this rating percentage stems from your November 2018 C & P exam then IMHO this is the claim to focus on because it is what the VA used to grant your claim and this evidence is very pertinent.  I am not sure when this decision was made but based on the C & P examiner’s finding it should support your EED (EARLIER EFFECTIVE DATE).

In accordance with 38 CFR 3.156 (D) NEW AND RELEVANT EVIDENCE On or after the effective date provided in § 19.2(a), a claimant may file a supplemental claim as prescribed in § 3.2501. If new and relevant evidence, as defined in § 3.2501(a)(1), is presented or secured with respect to the supplemental claim, the agency of original jurisdiction will re-adjudicate the claim taking into consideration all of the evidence of record. This means the rater should have reviewed your entire record and should had mention it just like they did in your prior rating.

38 CFR § 3.156 New evidence - Code of Federal Regulations (ecfr.io)

Once a claim is reopened, a claimant is “entitled to have his/her claim re-adjudicated on the basis of all the evidence of record, both old and new.” Bernard v. Brown, 4 Vet. App. 384, 390 (1993)

[Berta]

I read over the 1997 decision and evidence list and see no basis for CUE.

You might have a 38 CFR 3.156 basis for that type of claim  but there is not enough info here  from their award letter to really know that. 

 

 

 

[Wanderer]

I have to put this on hold until my overdue ADHD medication arrives. I can't focus without it.

 

Edited January 19, 2021 by Wanderer

[sixthscents]

Basically I agree with Berta. From what I have read so far there is no basis for a CUE. That doesn't mean there is not one or that you cannot file something (as pacman stated) but with what you have shown so far no. Again I agree we need to know what the rater based their reasoning on when they awarded the MH issue in 2018. From there we can go forward.

Please don't be discouraged though. Don't let this stress or confuse you. If you need time away from it take it. It is better to be certain you are doing everything correctly than perhaps missing something through lack of ability to concentrate etc.