Former Marine MOS 5534 Musician Clarinet Player
Service connected 40% left median nerve laceration with neuropathy
found unfit for duty due to injury placed on TDRL, and honorably discharged
FDC claim initiated on 12/9/15 for Bipolar Disorder, and TDIU 12/9/15 via ebenefits.
Claim denied service connection for Bipolar Disorder 3/24/16
Background
I submitted Private medical records from two different psych doctors. I submitted a DBQ from a treating physician as well as VA form for unemployability.. the private medical records had two notations that I noticed my symptoms occuring in USMC.
I was diagnosed in 2001.
I had psych c&p exam.. It was less than sufficient.. The "Doctor" barely reviewed my records misquoted me, and spent all of 5 minutes talking to me.. Mispellings all over the report, and providing 0 medical rationale when making the conclusion that i was not service connected.. English was a second language for him.. "He concluded that my bipolar and median nerve injury rendered me able to hold a job presently." He left out the word NOT making it appear because I injured my wrist and have Bipolar I can hold a job...making no sense whatsoever.
After I saw this I got an independent Medical opinion that was very in depth, reviewed all of my records including va records and service records, and used proper va language when making her conclusion that my bipolar was related to my nerve injury.. Her report was approximately 10 pages long, and her Curriculam Vitae was about 23 pages long.. She saw me in her office for 2 hours, and took a week reviewing all my records.
Now, since I filed an FDC I knew if i submitted new evidence my claim would be reverted back to a standard claim.. I submitted her report knowing this while my claim was still in the gathering evidence phase.. I saw the report on ebenefits.. I got no letter acknowledging the report, or a letter removing the claim from fdc.. 2 weeks later my claim was complete and denied service connection.
I do not yet have my decision packet so I am not 100% sure what they looked at, but is it possible they simply "misplaced" the medical opinion, and they made the decision without it being in the claim folder? If I confirm this happened what are my options?
Thank you
