Earlier disability claims denied, but then

Question:

In 2015,  I applied for VA compensation regarding MDD, Anxiety, and Bi-Polar disorder. In January 2016,  the claim was denied due to me refusing to go to VA doctor or any doctor for that matter to get a proper diagnosis and treatment. Afterwards I started seeing a licensed clinical social worker at the VA and have been diagnosed with all three disorders which I submitted a claim for in 2015. The social worker has noted in-service stressors she believes have led to my condition. This past November,  I was admitted to a VA psych ward for 5 days due to suicidal ideations and depression. After leaving the hospital,  I see a claim has been opened for me stating "Review due to hospitalization claim." The details state "Review due to SC Bipolar (increase). Can you explain what this claim means please?

Jim's Reply:

I can't be sure what all this means since I don't have all the details. However, we can start at the beginning and say that it is a fact that to prevail when we file a claim we must have a legitimate medical diagnosis and if and when VA orders a C & P exam, we must attend. When we don't meet those requirements, VA defaults to denial and I'm sure that's what happened to your 2015/2016 claim and denial. You started seeing a VA health provider soon after the denial and within the one year period that we're allowed to appeal a denied claim. Your diagnosis was established and became part of your record. What happened between 2015 and November is a mystery but it sounds as if your claim has been reopened or appealed...just how that happened I can't explain, but it's VA,  so oddities occur daily. In total it sounds as if you have an active disability claim that's in the process of adjudication or appeal. I'd like for you to talk with an accredited veterans law attorney and/or a county veterans service officer and ask if they can help determine if you have an active appeal in process. If that's the case and you do have an appeal in process, I'd suggest that you sign up the lawyer or CVSO to represent you as it can all get pretty complex. Good luck. Click  here and here for more information.