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]

On 12/3/2020 at 12:20 PM, Berta said:

If we can see the 1997 decision, attached here , we can determine if there is a CUE in it.

But it does sound like a potential  38 CFR 3.156 claim as well...

Please cover your C file # and name prior to scanning it.

 

Okay, I finally located it. 

Should I post it here or in a message?

Edited January 13, 2021 by Wanderer
Found the document

[Wanderer]

Here is the 1997 decision letter. I also have one from 2003. 

Now, to bring up a related topic, I can swear I applied before 1997 and was denied but they show no evidence of that in the C file. Not sure what to do about that.

 

The path forward I see, at this point, is to reopen my claim as suggested here and seek an EED. I'm starting this week and hope to submit the paperwork within 4 weeks.

 

Edited January 13, 2021 by Wanderer
Upload correct doc

[pacmanx1]

Back in the late 1990s the VA denied a lot of veterans claims for NWG (Not Well Grounded). I recently won a CUE claim back to 2005 and when I filed a NOD requesting an EED (Earlier Effective Date) back to 1998,BVA changed my Cue Claim to granting me and unadjudicated pending claim. The BVA found that in my 1998 claim that the VA denied I filed a timely NOD that was never processed or adjudicated so they granted my claim with an effective date of 1998. My VAMC medical records proved that I was being treated by the VA and when my claim was granted the rater did not review my entire (C-File) records.  When a veteran reopens a claim, the VA is “supposed” to review the entire record to find a factual effective date of when a veteran was treated and when the veteran filed his/her original claim.

Can you post your evidence listed and your reason for decision or your reason and bases for how the VA denied your claim? Please cover all personal information like name, SSN, address, claim number. This would help us better understand what the VA did, years ago I posted a post to try informing all veterans that got a NWG denial should reopen their claims. I currently have one BVA pending remand and another Cue/reopen claim where I filed a claim, and it was denied but my records prove I was being treated by the VAMC and the VA did not review my entire records. It can be done, and I have proof of that. 

 

[Wanderer]

On 1/12/2021 at 10:49 PM, pacmanx1 said:

Back in the late 1990s the VA denied a lot of veterans claims for NWG (Not Well Grounded).

Yes, I did sense a sea change in how the VA regarded my claim this time around compared to the late 90s.

 

 

On 1/12/2021 at 10:49 PM, pacmanx1 said:

 

 

[Wanderer]

On 1/12/2021 at 10:49 PM, pacmanx1 said:

 

Can you post your evidence listed and your reason for decision or your reason and bases for how the VA denied your claim? Please cover all personal information like name, SSN, address, claim number. This would help us better understand what the VA did, years ago I posted a post to try informing all veterans that got a NWG denial should reopen their claims.

 

I will attach seven pages of my decision letters and the letters referencing evidence they sought.

 

From the C file of mine I found this.

(I was active duty from February 1980 to December 1983).

My November 2018 C&P exam states that Medical History of 12/12/83 shows complaints of

frequent trouble sleeping (Insomnia is used by VA to determine bipolar)

and depression or excessive worry (bipolar symptoms)...

Psychiatric consultation sheet of 07/08/83 requested inpatient evaluation due to reports of repeated troublesome behavior,

with behavioral problems described as increasing following the recent birth of Veteran's son. (sleep deprivation triggers mania and hypomania- features of bipolar. I never wanted my son to know his birth triggered my demise).

STR Drug Abuse Screening (no legible date) notes a family history of alcohol abuse and recent

"errors in judgment" (lapse of judgment is a bipolar symptom ) with increasing irresponsibility noted in the document.

Mental status exam describes Veteran as being "overactive", with pressured speech (bipolar symptom) and preocupation with sexual matters (bipolar symptom).

 

Service medical records show the veteran was in fact hospitalized for depression( bipolar symptom).

 

I recall the examiner at the end stating to me, "I'm going to tell the VA your bipolar started during active duty service."

[Wanderer]

I cannot find an attachment button so I can attach 7 documents.