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?

[kanewnut]

16 minutes ago, Wanderer said:

attachment button

When you are posting at the bottom of the box around your post it has "Drag files here to attach, or choose file...

Hope that helps!

[Wanderer]

1 hour ago, kanewnut said:

When you are posting at the bottom of the box around your post it has "Drag files here to attach, or choose file...

Hope that helps!

I'll check it out tomorrow. Thanks.

[Wanderer]

I see. I cannot attach a doc when quoting a comment.

 

 

[pacmanx1]

On 1/15/2021 at 2:53 PM, Wanderer said:

I cannot attach a doc when quoting a comment.

My apologies for any misunderstanding and or confusion but I am at a loss. In reference to your last post, Page 200 dated Aug. 2003 seems to be the beginning of a rating decision. Pages 201-203 seems to be a development letter dated June 12, 2003 and then pages 204-206 seems to be another development letter dated June 18, 1997.

Page 203 mention the fact that you were previously denied service-connection for bipolar disorder and you were notified of the decision September 10, 1997 but none of these pages list the evidence used or the reason and bases for their (VA’s) decision. Pages 201-206 are development pages letter asking you for more information about your claim. The problem may be as simply as digging through your records making a copy and then sending them to VA. (Yes, you will have to reopen this claim). That is what I did in my 1998 grant. Even though those records were part of my C-File I made copies of them and sent them in with my claim for CUE. Yes, they were duplicate, but I did not want the VA to state that they could not find my records/evidence. Some VA decisions are what some veterans call top sheet decisions where the rater will only review a few top records and if they cannot find the evidence needed, they would still make a decision even if the decision is a denial or a wrong effective date.

What did your most recent rating decision state about your previous denied claim and the effective date?

I know this sounds absolutely crazy even though you had a prior decision that states that VA considered your claim for bipolar disorder this evidence was not considered/associated in your most recent decision and if you want to have this evidence to be considered, you will have to request it under 38 CFR 3.156.  I mean to actually copy the records that you were hospitalized and diagnosed with bipolar disorder. Yes, the C & P examiner found them, but the rater did not use this evidence and you have the right to request an EED.

No one will know about your condition (your son) unless you tell them and having anxiety and or separation anxiety from your family is normal. I am not a psychiatrist or mental health specialist or a social worker, but I feel that your condition deserves consideration.

You may want to redact your personal information because I can see your name.

If I am wrong or off, I am quite sure others will chime in and correct my thinking.

 

 

 

 

 

[Wanderer]

I numbered them that way in a rush mainly to allow us to discuss each page. Didn't think to put them in chronological order. I apologize for the disorganization.

 

**

3 hours ago, pacmanx1 said:

I mean to actually copy the records that you were hospitalized and diagnosed with bipolar disorder. Yes, the C & P examiner found them, but the rater did not use this evidence and you have the right to request an EED.

So, this would be the crux of my argument, then. They totally missed seeing bipolar symptoms in 1997. They didn't even look. My life would have been so different. . . 

 

[Berta]

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

it would help.