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Nod Filed But They Ignored It


I had a remand declared back to 1994 by the Washington DC Board of Appeals in 2004. My Regional Office finally got my C&P exams done. One in 2008 and the the other in 2009. I received a statement of the case in Oct 2008.

I appealed that decision due to R.O. not precisely following the orders sent out in the remand decision. Remand specifically stated that I am to be examined by a Orthopedist and Neurologist.

My C&P exams were done at the VA Hospital by a General Physician and an ARNP. I went to a medical V.A. Dr. for my C&P initially. Then just after having Prostate surgery, I was called in for a second C&P exam by a ARNP. who said they needed additional testing.

In my statement of the case, they gave greater weight to the findings of ARNP over the medical Drs. findings. After reading the statement of the case I found the ARNP stated I performed physical movements that I was not requested of me and due to my earlier surgery, was incapable of performing these stated movements. I do not know if the ARNP had realized I just recently went through surgery and was still trying to heal up. So the jist the ARNP stated I functioned better than what the original C&P Dr. had stated. I appealed with a letter of disaggreement to the R.O. for not following the BOVA's remand and that the second C&P followup by the ARNP fabricated said movements that I never perfromed or could have performed. In 2009 I was finally scheduled to have my C&P exam for PTSD. My C&P results came back as favorable for my claim. After reviewing my new statement of the case in which I recieved in May of this year, I realized they oveturned the examers findings from a PTSD to a "mood disorder" Now I did not agree and went to my local V.A. Rep and filed a DeNOVO. I followed procedure as instructed and filed a form 4138. I also had my local Rep sent additional evidense regarding my PTSD. A letter was written by by Local VA Rep and dated. Sent to my R.O. Now my understanding was that they could not send their statement of the case to Washington Board of Appeals due to my DeNOVO in place. I wanted them to rexamine the evidence and redo a new statement of the case supporting my claim

Last week I received a letter from the Washington BOVA saying they are now going to make every effort to decide my appeal as quickly as possible . How can the R.O. get away with sending their Statement of the case to BOVA when I DE Novo their statement of the case. Did they send all my evidence to BOVA in DC and how do I know if they did? And was this a blatant disregard to my rights. What at this point can I do? This is based on a remand that goes back to 1994. If the Washington Board of Appeals just goes by that statement of the case that the R.O. put together they could just agree with them and approve what little they gave me on a mood disorder and that will end my remand back to 1994 and I will have to start over. I still have issues and evidence that supports my claim and are they even going to look at it and did my R.O. even send that along with their case. I know this is confusing...I just want to make it known to the Washington DC Board of Appeals that I sent a Denovo to my R.O and told them I wanted a new statement of the case. My R.O. is still trying to screw with me. It is because of all their blatant disregard to my case that is got remanded back to 1994. They said I did not go to C&P appoints that was scheduled and I proved later I had gone to all my C&P exams. Funny all those exams come up missing even though the clinic they sent me to showed me they were sent to the R.O.

They sent them more than once to them. How do you lose those. Why can't the clinic give me copies of the exams(I was told by the clinic that since V.A ordered them I could only wait till they got to my c-file)

What are my options at this point. should I be glad that they are no longer here in my R.O.? Will the Washington BOVA see what my R.O. is doing? I am so distressed by having to deal with an agncy that is supposed to help you. HELP ME!!

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      All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

      Tips on posting on the forums.

      Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.

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