Josephine

Berta, How long does this test take? How will I know if they are doing the test. Is the test an oral test or is it a written test? I know that the first C&P examination that I had the Psychologist did an oral test on me. The two psychiatrist did nothing like this. Please do let me know. I have checked out the test some, but it appears that the test takes some time to perform. I am going to call tomorrow, as the AMC told me that my claims file had gone back to the two psychiatrist that performed the disputed C&P to give them a rationale for their decision. It doesn't look like this is what they have chosen to do. I was told by the Medical Center that the Male Psychiatrist, that did not sign the C&P has the claims folder on his desk. That doesn't seem possible, if they plan to give me a new C&P examination. I will make sure that I take the remand with me and my husband and daughter to make sure that they carry out the remand. The two Psychiatrist that gave the C&P are on staff and are presently at the hospital. It looks to me like the AMC has chosen to skip that part of the remand. Why would they choose to skip this? I thought that it was as important to the BVA as it was me. 7. After the above development has been completed, the veteran's claims file should returned to the board of VA psychiatrists who participated in the April 2005 examination for clarification of the provided opinion. They should be requested to review the record and reconcile their opinion as to etiology in light of the evidence added since their examination of the veteran, including the May 2005 statement of Dr. B C. C and the January 2006 statement of Dr. M P. If neither of these examiners is available, the RO should consider whether the veteran should be scheduled for an additional examination by a board of two VA psychiatrists for an opinion as to whether there is at least a 50 percent probability or greater that an acquired psychiatric disorder was incurred in or aggravated by active service. All indicated tests and studies are to be performed. Prior to the examination, the claims folder must be made available for review of the case. A notation to the effect that this record review took place should be included in the report. Opinions should be provided based on the results of examination, a review of the medical evidence of record, and sound medical principles. All examination findings, along with the complete rationale for all opinions expressed, should be set forth in the examination report. 8. The veteran must be given adequate notice of the date and place of any requested examination, if such is deemed necessary. A copy of all notifications, including the address where the notice was sent must be associated with the claims folder. The veteran is to be advised that failure to report for a scheduled VA examination without good cause shown may have adverse effects on her claim. 9. After completion of the above and any additional development deemed necessary, the issue on appeal should be reviewed. If any benefit sought remains denied, the veteran and her representative should be furnished a supplemental statement of the case and be afforded the opportunity to respond. Thereafter, the case should be returned to the Board for appellate review. The appellant has the right to submit additional evidence and argument on the matter or matters the Board has remanded. Kutscherousky v. West, 12 Vet. App. 369 (1999). This claim must be afforded expeditious treatment. The law requires that all claims that are remanded by the Board of Veterans' Appeals or by the United States Court of Appeals for Veterans Claims for additional development or other appropriate action must be handled in an expeditious manner. See 38 U.S.C.A. §§ 5109B, 7112 (West Supp. 2005). Thanks for your time, Josephine

Terry, I see what you are saying. If requested for another C&P examination, I will go, but I will not let them beat me to a pulp. No hypnosos and someone will be going back with me. Never again, will I walk into an office with two doctors and have no witness for myself. I realize that I cannot take an attorney and I am not allowed to tape the examination, but this time I will have protection against them. Thanks so much for your story, as I know that it is very painful for you to speak of it. Always, Josephine

You are welcome Larry. You know exactly what to do now. If they have the records fine and dandy, have them fax them to the AMC with the fax number that I gave you and if they don't have any records, they just have to state. Your Name SS# Date Dear AMC: Per your request for records from this facility the Oka Rehab, we do not have any records for this veteran. Simple as that and then they will move your claim on through. Always, Josephine

Terry, The remand from the BVA states for them to reconcile their differences and give them a complete rationale for their decision, that nothing bothered me in service. I am assuming, if they wish to call me for another C&P, that it will be with him. The male psychiatrist that was a party to the first examination, that would not sign it, as he has it on his desk. I certainly will not go back and see that lying women psychiatrist. I will contact the Va. Board of License, if she doesn't take back what she said. She can bet on this one. I had to write to the New York Board to please send me a link to the Virignia Board and they did. Thanks, Josephine

Berta, Thanks so much for taking your time to help me. I am just about over the edge now. I know that you have read my remand and it didn't make a lot of sense, as so much of my story was left out. Berta, What has bothered the most are these accusations: One medical record says that she is a Gravia 3 Para 3, but the patient claims to have only two children. I made sure that the BVA and The AMC received a copy of Dr. G. S. medical record. He states that patient is a Gravida 3 para 2. Berta, yes I conceived 3 times, but I lost a son at 4 months into my pregnancy between my two daughters. I took hormone shots and everything to save him, but God did not allow this. His body was sent to Health Department in Richmond and he was born in a local hospital. Dr. S was the doctor that delivered him. This one cuts too deep! She denies any eating disorder or self- inflicted injuries according to her. Berta my medical records clearly show that I am a diabetic who's A1C was 13 before it was discovered, which was the cause of the stroke. Self- infliced injuries, she was welcome to look, but they will never find a mark or scar on me. Berta, I know that I have lost 45 lbs, but was certainly due to being a diabetic and nothing else. The Va. has all of those records. The complete C&P is like this from being a drug addict, beating up my husband, throwing food all over the floor, tearing up the house and there is no end to what she says about me. If you look at the Historian personality- she took a textbook and placed me in it. My husband and may two daughers, all wrote letters pertaining to these accusations and had them notarized, so that no one would destroy them. The three of them called a liar, as I have, but in nicer English!! You don't attract Bee's with Salt! The Veteran stated that she told Dr. B.C.C. that she "couldn't" handle it anymore because of the headaches, nervousness and tremors and that a " Psychiatric Review was arranged. Dr. L says not true, I only saw him for a headache. This is the reason that I sent Dr. B.CC his military medical records of me to clarify his role in my dishcharge. I was telling the truth, that is exactly what he did and he did assist me with my discharge. Enough of this. Yes, I can prove black is black and white is white and she is a liar. I do not blame the male psychiatrist that was in the room with her, for not signing this C&P. He teaches at the Univeristy of my state and why would he want his license at question. He is the one that has my claims file now. I took every paragraph of her examination and typed the truth underneath it from my private and military records. She states that what I consider to be indictative of abuse that she does't. Good for her, sure hope that some doctor jerks her up by the neck until she wets all over herself and see what she considers it near drowning over and over in their darn pool and being cussed out every day just about by their doctors. Berta, Why would they need me back down there. I am just worn out. If I owned a scanner, I would scan that C&P and let everyone read it. She has so many quotation marks in it, that it is difficult to read. This is why my board Certified Internist of 29 years states that she is patently incorrect in her facts. If you think about him, with him being my doctor for 29 years over half my present age, he would know me better than any of them would with their 1 hr at most examination. Josephine

Will the BVA call Fraud on their own Doctors'? October 6, 2006 Dear---- We are writing in connection with the claim that was remanded by the Board of Veterans Appeals on April 10, 2006, however we need additional information or evidence. WHAT WE HAVE DONE? We asked the VA medical facility who conducted your April 2005 examination to review and make a new medical opinion in your appeal. They may contact you to report for a new exam. This exam is very important. If they ask you to report and you fail to attend the exam, we may have to deny your claim, or you might be paid less than you otherwise would. If you can't report for the examination as scheduled, contact the medical facility and arrange a more convenient place or time. HOW CAN YOU CONTACT US This letter will give you the phone number to call. What in the world do they want me down there again? It is black and white, that the lady psychiatrist lied through out my complete C&P of April 2005. The male doctor, that has the claims file, would not sign the C&P. What else can I possibly show them or tell them? I have told them the same old story for years. I have proven with my military and private medical records, what is there left for us to discuss? Thanks, Josephine

That is exactly true. They have pushed me around for the last 3 years, since I secured those psychiatric records from the archives. Every time I think that there is hope of ending this battle. It just starts again. I have told them my story so many times, that I am wondering what in the heck to say, if and when, they should order a new C&P for me. It seems that the letter that I received yesterday, gives the doctors that option. If they would believe and listen to what I am saying and what I can prove, we could end this thing. I have give them everything, but blood. They know that now I am getting older and more illnesses on the arisen. I had cancerous colon polyps removed last Wednesday and they know that it is also in my Thyroid, now they are wanting another possible C&P, at my convenience and my place and time. Shall I just ask the doctors to meet me this time at my private hospital? Josephine

Boondoc, Yes, I have. I filed in 1978 for Anxiety, Depression and Heachaches, again in 2002 and they are included with the list of illnesses awarding me my pension of 100% Total Disability of 1983, but to date no one has acknowledged them. With my first SC, In my NOD, I mention that no one has addressed the headaches. Each filing it has been worded, Anxiety with Depression and Headaches. The Dro changed this to "Acquired Chronic Pshchiatric Disorder." The BVA addresses " Acquired Pshciatric Disorder to include Anxiety and Depression." With my form 9 to the BVA, I stated that no one has ever addressed Headaches, for which I was also filing. I mentioned this to the Appeals Management Center and they always state, we are addressing this, as it is understood, it is a part of anxiety. If I should go for another C&P as stated in the letter which I received yesterday, I will bring this out again. The only way that headaches are listed is in Axis 3 or 4, not sure one it is, with my other illnesses as hypertension, diabetes, etc. If you have any ideal of anyway that I can get this across to them better than I , Please do let me know. always, Josephine

I received my official letter today from the AMC: This is what it says. Dear---- We are writing in connection with the claim that was remanded by the Board of Veterans Appeals on April 10, 2006, however we need additional information or evidence. WHAT WE HAVE DONE? We asked the VA medical facility who conducted your August 2005 examination ( actually the date of the exam was April 12, 2005), Hope that this doesn't matter?) to review and make a new medical opinion in your appeal. They may contact you to report for a new exam. This exam is very important. If they ask you to report and you fail to attend the exam, we may have to deny your claim, or you might be paid less than you otherwise would. If you can't report for the examination as scheduled, contact the medical facility and arrange a more convenient place or time. This letter will give you the phone number to call. HOW CAN YOU CONTACT US? If you can't report for the examination as scheduled, contact the medical facility and arrange a more convenient place or time. When have they ever cared about me? Josephine

I received my official letter today. This is what it says. Dear---- We are writing in connection with the claim that was remanded by the Board of Veterans Appeals on April 10, 2006, however we need additional information or evidence. WHAT WE HAVE DONE? We asked the VA medical facility who conducted your August 2005 examination ( actually the date of the exam was April 12, 2005), Hope that this doesn't matter? to review and make a new medical opinion in your appeal. They may contact you to report for a new exam. This exam is very important. If they ask you to report and you fail to attend the exam, we may have to deny your claim, or you might be paid less than you otherwise would. If you can't report for the examination as scheduled, contact the medical facility and arrange a more convenient place or time. This letter will give you the phone number to call. HOW CAN YOU CONTACT US? If you can't report for the examination as scheduled, contact the medical facility and arrange a more convenient place or time. When have they ever cared about me? Josephine

John, I received my official letter today. This is what it says. Dear---- We are writing in connection with the claim that was remanded by the Board of Veterans Appeals on April 10, 2006, however we need additional information or evidence. WHAT WE HAVE DONE? We asked the VA medical facility who conducted your August 2005 examination ( actually the date of the exam was April 12, 2005), Hope that this doesn't matter? to review and make a new medical opinion in your appeal. They may contact you to report for a new exam. This exam is very important. If they ask you to report and you fail to attend the exam, we may have to deny your claim, or you might be paid less than you otherwise would. If you can't report for the examination as scheduled, contact the medical facility and arrange a more convenient place or time. This letter will give you the phone number to call. HOW CAN YOU CONTACT US? John, What is a Federal Tort claim? If you can't report for the examination as scheduled, contact the medical facility and arrange a more convenient place or time. When have they ever cared about me? Josephine

Larry, I can help you with this one and it will work. I got the same darn run around, about perhaps there were medical records at the archives for me, since in 2004, I located my long lost Psychiatric records and a letter of my discharge from my C.O. Pearl told me that the letter from the archives with the medical records were due in on September 2, well like a dummy I waited, but they told me that if in the mean time, if I wanted to contact the archives for missing records and send them to them, they could progress with my claim. Not true. I send for those darn records in May and again in July and heard the same story. They had received what I sent to them, but they wanted something directly from the archives themselves, that didn't pass through my hands. Well they should have told that the first time. Nothing showed up from the archives on the 2nd of September. They were still waiting for their records. I called the archives to find out that they had never been requested by the AMC. Larry, If there are no more records, this is what you need to do. It worked with me at the archives. I beat them at their own game. I called the archives, used the internet to request for them to please fax this information into the AMC. I got a phone call from the archives to see if that is exactly what I needed. The technicican said that he would have a letter faxed to them in about 10 minutes. He even went to the extent to call the archives to see if they received his fax and then called me back. Now, finally my file is moving. QUOTE Larry, you need to call the Okla. Rehab, and ask them yourself if they have any other records for you for 1964? They will check and if they say no. Tell them to "state that there are no more records at this center for the following years, for Name, Social Security Number. Tell them that you want them to fax this information to the AMC fax # 1 – 202- 530- 9216. They will be happy to do this for you, if you explain to them what is going on. You can then call the AMC and see if they have the letter and then your file will move on out. I hate to tell you that date, she gave you, is nothing factual, just what they assume. They absolutely will not work your claim until this is done. If you need more help, don't hesitate to let me know. Always, josephine

vike 17, As you have already read my remand and may remember some of it. This is where I am at. My first C&P was by a PHD Psychologist with a More Likely than Not Anxiety began in service. My file was transferred to another Regional Office, when the C&P results came in, as my niece is a DRO at that R.O. She had always told me that she had signed off when I was in the rating board. Not true. 5 months after I was transferred to another R.O for rating. I was send before a Board of Two Psychiatrist, Male and Female. The C&P was full of lies and slanderous accusations, none to be backed up by any of my Private or Military records. She committed fraud with the intent to deceive. I will if I have to, turn her in to the Virginia Board Of License. The male Psychiatrist would not sign the C&P. Their determination nothing bothered her in service. The C&P was so full of lies that I sent a rebuttal to the R.O and the Medical Center and requested a new C&P. I did not receive one. 8 months later, I received by denial. We place our weight with the Psychiatrist, because they are Psychiatrist. I had received my Statement of the Case before I received my first C&P with a form 9 to turn in. I did this. With the form 9 being at the BVA months before my denial, when I received the denial, my time at the BVA was only a couple of months. I made sure that everyone knew about the legalities of my claim and the slanderous lies written in the C&P and drew a child proof map for the BVA to locate the lies. From Military to Private medical records, to compare with what she had typed. The remand states - After the above development has been completed, the veteran's claims file should returned to the board of VA psychiatrists who participated in the April 2005 examination for clarification of the provided opinion. They should be requested to review the record and reconcile their opinion as to etiology in light of the evidence added since their examination of the veteran, including the May 2005 statement of Dr. B C. C and the January 2006 statement of Dr. M P. The Mangement Center also had the choice to send me for another examination, but they have chosen the fair route. I fill this is victory for me. Now my file is back at The Medical Center on the desk of the Male Psychiatrist. He has had it since Tuesday. I was told by the BVA that my examination is the first one to be send back to the Psychiatrist to explain why they did what they did in 25 years. I know that he refused to sign it the first time, what can I expect from him this time? Will I be allowed to pick up a copy of his write- up at the Medical Center. I will not allow that lady psychiatrist tell me that the medical records state that I have 3 children, but that I claim to have only 2. That is a dern lie. I have two daughters and my medical records state this. Eating disorder is severe diabetic. Self - Inflicted wounds- never. I know that the board has disagreed with my doctor of 29 years being a Board Certified Internist, but he knows me better than they do in their 45 minutes. I will not let that lady lie about me and my character. The BVA wants to know" What was the reason for her early discharge of 13 months"? I was taking Librium for my nerves and Caffergot for headaches. I have a letter from the commanding Officer that only states Unsuitability ( No reason). I know that I filed in 1978 and again in 2002 and received a pension of being 100% disabled as of 1983. The Va never secured my Psychiatric Records from the Archives, I did this myself in 2004. My DD214 Code 460 Does it appear that my claim is finally getting on the right track? Thanks, Josephine

Larry, I can help you with this one and it will work. I got the same darn run around, about perhaps there were medical records at the archives for me, since in 2004, I located my long lost Psychiatric records and a letter of my discharge from my C.O. Pearl told me that the letter from the archives with the medical records were due in on September 2, well like a dummy I waited, but they told me that if in the mean time, if I wanted to contact the archives for missing records and send them to them, they could progress with my claim. Not true. I send for those darn records in May and again in July and heard the same story. They had received what I sent to them, but they wanted something directly from the archives themselves, that didn't pass through my hands. Well they should have told that the first time. Nothing showed up from the archives on the 2nd of September. They were still waiting for their records. I called the archives to find out that they had never been requested by the AMC. Larry, If there are no more records, this is what you need to do. It worked with me at the archives. I beat them at their own game. I called the archives, used the internet to request for them to please fax this information into the AMC. I got a phone call from the archives to see if that is exactly what I needed. The technicican said that he would have a letter faxed to them in about 10 minutes. He even went to the extent to call the archives to see if they received his fax and then called me back. Now, finally my file is moving. Larry, you need to call the Okla. Rehab, and ask them yourself if they have any other records for you for 1964? They will check and if they say no. Tell them to "state that there are no more records at this center for the following years, for Name, Social Security Number. Tell them that you want them to fax this information to the AMC fax # 1 – 202- 530- 9216. They will be happy to do this for you, if you explain to them what is going on. You can then call the AMC and see if they have the letter and then your file will move on out. I hate to tell you that date, she gave you, is nothing factual, just what they assume. They absolutely will not work your claim until this is done. If you need more help, don't hesitate to let me know. Always, josephine

I just wondered why they ordered them and then it appears they have the right to make their own decision and not use them. Thanks, Joephine

My first C&P was by a PHD Psychologist with a More Likely than Not Anxiety began in service. My file was transferred to another Regional Office, when the C&P results came in, as my niece is a DRO at that R.O. She had always told me that she had signed off when I was in the rating board. Not true. 5 months after I was transferred to another R.O for rating. I was send before a Board of Two Psychiatrist, Male and Female. The C&P was full of lies and slanderous accusations, none to be backed up by any of my Private or Military records. She committed fraud with the intent to deceive. I will if I have to, turn her in to the Virginia Board Of License. The male Psychiatrist would not sign the C&P. Their determination nothing bothered her in service. The C&P was so full of lies that I sent a rebuttal to the R.O and the Medical Center and requested a new C&P. I did not receive one. 8 months later, I received by denial. We place our weight with the Psychiatrist, because they are Psychiatrist. I had received my Statement of the Case before I received my first C&P with a form 9 to turn in. I did this. With the form 9 being at the BVA months before my denial, when I received the denial, my time at the BVA was only a couple of months. I made sure that everyone knew about the legalities of my claim and the slanderous lies written in the C&P and drew a child proof map for the BVA to locate the lies. From Military to Private medical records, to compare with what she had typed. The remand states - After the above development has been completed, the veteran's claims file should returned to the board of VA psychiatrists who participated in the April 2005 examination for clarification of the provided opinion. They should be requested to review the record and reconcile their opinion as to etiology in light of the evidence added since their examination of the veteran, including the May 2005 statement of Dr. B C. C and the January 2006 statement of Dr. M P. The Mangement Center also had the choice to send me for another examination, but they have chosen the fair route. I fill this is victory for me. Now my file is back at The Medical Center on the desk of the Male Psychiatrist. He has had it since Tuesday. I was told by the BVA that my examination is the first one to be send back to the Psychiatrist to explain why they did what they did in 25 years. I know that he refused to sign it the first time, what can I expect from him this time? Will I be allowed to pick up a copy of his write- up at the Medical Center. I will not allow that lady psychiatrist tell me that the medical records state that I have 3 children, but that I claim to have only 2. That is a dern lie. I have two daughters and my medical records state this. Eating disorder is severe diabetic. Self - Inflicted wounds- never. I know that the board has disagreed with my doctor of 29 years being a Board Certified Internist, but he knows me better than they do in their 45 minutes. I will not let that lady lie about me and my character. The BVA wants to know" What was the reason for her early discharge of 13 months"? I was taking Librium for my nerves and Caffergot for headaches. I have a letter from the commanding Officer that only states Unsuitability ( No reason). I know that I filed in 1978 and again in 2002 and received a pension of being 100% disabled as of 1983. The Va never secured my Psychiatric Records from the Archives, I did this myself in 2004. My DD214 Code 460 Does it appear that my claim is finally getting on the right track? Thanks, Josephine

Thanks. Josephine

What good is a C&P Examination? Josephine

John, I am so sorry to hear that the meds are not working for your blood pressure. Yes, your finally awaited 100% is coming with your long awaited retro-pay. You have definitley proved your cue claim. God Bless, Josephine

What does this mean? anyone? Thanks, Josephine

John, Don't you already receive 100% Service connection. How can you go more than that? I see retr-pay back to 1994 for you, which should be quite a bit of money for you. Shouldn't it be? This would definitely be Cue as we discussed last night. I will leave this one for the math experts for the benefit amt. Glad to hear of the good news. Wish that your blood pressure was lower, it is a tad on the high side, actually it is more than a little high on the tad side!!. Will your private physician be increasing or changing your blood pressure meds? He may need too. Always, Josephine

John, Do they at least have enough sense to immediately place him on Lasix? He needs to get out of there, but is he able? If the doctor told him that he might be dying, is he able to walk out of there? John, since you know the hospital that he is in, call the doctor or the Hosital Administrator and get him some help. Surely, someone will have to talk to you. Couldn't they place him on dialysis as mentioned. Place the call yourself. Do the talking for your buddy, for he must be pretty weak by now. It seems sort of strange to me, just about everyone on his site is a Diabetic, including myself. Does this illness come from being in the military? Any branch, time or place? Josephine

John, You are correct! Good Luck! Josephine

Berta, I have so pleased!! As I posted, I do believe that chances are on the way. I am so pleased that my claims file is back at the medical center for that male psychiatrist to give the complete rationale of the decision to deny me. I never thought that the Appeals Management Center, by way of the remand of the BVA would really send it back to them. I was pleased when I found out that he didn't sign the C&P which the lady Psychiatrist authored. He is over the Psychiatric Department and she works under him. She lied so badly and commited fraud in the eyes of any laws. It appears that veterans are beginning to win their rights. I believe that John will be the next success story to post and hope that I can soon.. Berta, thanks for posting this, as it gives me hope. Thanks. Joephine

John, You are retro back to your filing record of 1994 and congratulations for another win for the veteran. I do believe that we are showing the Va that we just aren't going to stand for all of this. I spoke with the BVA and was told that my claim is the first C&P, in 20 years, that has been sent back to the Pshchiatrist to reconcile their difference and to give them a complete rationale of their decision to deny me. The male Psychiatirst refused to sign the C&P authored by the lady and he now has it own his desk. This is a win for me. The easy thing. for the BVA, would have been to order me a new C&P and let that lady Psychiatrist off the hook, but they chose not too! She commited fraud with the intent to deceive in changing my military records and my private medical records of the last 42 years. The Doctors at the Va are going to find out that they are not immune and will have to back up what they write and say. I do believe that changes are on the way!! Good luck, as I do believe that more money for you is soon to be on its' way!! Always, Josephine