Josephine

Berta, I turned in copies of the psychiatric records to the Regional Office in 2004 with a letter attached to each with the archive technician signature and the seal. No, I kept all the originals in a safe lock box. When the remand was sent to The Management Center in April 2006, they told them to check with the arhives to see if there were any other medical records never seen by the Va. The Management Center has told me for months that they placed a request to the St. Louis Archives to do a search and see if there were any other medical records. The archives sent me a letter stating that there were no more and that the VA had them all. That was fine and dandy, but they won't the archives to state that directly to them. The Management Center told me that the archives would be answering their request on the 2nd of September, but nothing has shown up. I checked with the archives and they state that The AMC has never turned in a request for any medical records. I turned around and sent a letter to the archives today by internet to sent a fax directly from the archives to the AMC stating to them that there are no more medical records. The BVA and The AMC cannot understand how I was able to secure my psychiatric records after 42 years from the archives and why the RO had never requested the records. Even though my niece is a DRO at my closest RO, my file is not there because of her, I have learned that the VA will lie about anything and that does include my niece. Thanks for all your help through the years. If David Star is still a member of this site a big thanks to you for warning me of the triangle. Josephine

The Management Center in Washington D. C. has told me over the telephone that they were expecting any old medical records of mine to be in their office the week of the 2nd of September. I called yesterday and one of the counselors told me that she hoped that they were faxed to them this week. The BVA has ask for a search for old medical records to see if there are any out there that are not in my file. This would be because in 2004, I turned in all of my psychiatric records and a letter from my commanding officer, to which the VA had never seen. I filed my first claim in 1978 and the only reply of decision was a letter that stated " you are not service connected." I did not receive any statement of the case or any other papers. When I refiled in 2002, they still did not get these records and now The BVA wants a search to make sure that they are not others out there, that they may have not secured. I contacted the St. Louis Archives yesterday and was told that The Management Center had not requested any medical records or anything on me. Is there anywhere else that old records may be stored? Now, I don't know whether to believe The Management Center, that they are due in the 2nd. Is it possible that they typed on my VCAA notice that they had sent for them and did not do it. Thanks so much, Josephine

DLC, Do you have all of your service medical records. Did you see a physchiatrist in service, receive any medication and did you receive an administrative discharge? This one is a good one for Berta. Josephine

Carlie, Not knowing too much about this site. How do I find this? Thanks, Josephine

Terry, By the frown on the smiley face, I think that you are saying that I have lost 42 years of backpay money, as they did not adjudicate my first claim in 1978 and just sent me a letter stating not service connected. No medical records and then I locate them in 2004 and perhaps may win some of my money. Thanks, Josephine

Thanks Berta, I am sitting here laughing at how in the world did I get in all of this mess? Maybe by the time, if and when I win this case, I will know how I did it. Always, Josephine

Berta, I have to be the dumbest veteran around. I still don't get it. I thought that Cue was when the Veterans Affairs had your records, but did not use them in their decision to deny you. Is it called the same thing when they didn't secure your records and there fore did not have them to review. Military medical records that is. Without my psychiatric records over the last 42 years, I never had a chance in a million of winning any case. I provided all the psychiatric records for the Va in 2004. After two denial for benefits for service connection. Thanks, Josephine

Thanks a bunch!! Berta!! Josephine

Carlie, Thanks bunches!! Josephine

Carlie, Thanks, If they do not use this term any more and Clue as I understand it to be, is when the Va had access to all your military records, but did not use them. What do you call it when the Va. just didn't bother to ask for your psychiatric records and then you get them for them yourself some 42 years later, after the Va. has denied your claim for years, because your reason for filing was within the records that they didn't bother to get. Does this make any sense? Josephine

I have been researching my claim, just in the event that I should win and have read and read about CLUE and GRAVE PROCEDURAL ERROR AND PROCEDURAL ERROR. Could someone please explain to me what the difference is in the three? Thanks, Josephine

Alan, Being that your claim is close to mine. Were the records that you located military records that were in the archives and could have been secured by the R.O, but failed to secure these records for you? You may ask the ones with the more expeience about grave procedural error or just procedural error. Good Luck! Josephine

What does constitiute a grave procedural error ? If the VA does not secure the needed medical records in their care for you to have a case and prove your claim? This happened to me and I am confused. If the Va. has never bothered, in my case to secure any of my psychiatric records with each filing date and denied me without even an examination and then 42 years later, I secure them myself from the archives and now the doctors, all but one, states that my anxiety disorder began in service. Why aren't they responsible for their negligence. I noticed that his case was just like me and now it is being said. No back pay and maybe no claim. Right? Is this what you are saying? Thanks, Josephine

Goffycow, Being in the navy also. They are pretty good about hiding records from you. Have you called the archives and told them specifically what records that you are looking for and what they pertain to. It took me 42 years, but after placing the call and telling them specifically what I needed. They searched and they did find them for me after all these years. Hope this helps. Josephine

Berta, I believe that the anxiety has wiped me out. There hasn't been a day gone by that I haven't lived in fear. Fear guides me every where that I go and everything that I do. Before I joined service, I was as calm as anyone else. Enjoyed playing the piano, but since, I can see myself on the high dive at the pool and constantly being forced to jump off into that deep water, I have sweat running down my hands to my elbows. This is one thing that none of the doctors has been able to place under a personality disorder. My internist has stated that the anxiety has just taken its' toll on me and things are falling apart with me. I have not been able to shake it off in 42 years. I listen to the message, on my telephone of my military treating physician and hope that he can help carry this for me. I have only spoken to him twice since service, but he did tell me that if they didn't do something soon, that he was going to pick up the telephone and call them. He was just a M. D. reservist at the dispensary when I met him, but if you click in his name on the internet, he can be located. When I called him that morning, I had no ideal of his success in the medical field. Thanks a bunch!! Josephine

Thanks"jstacy", my daugher is out of the woods now, but I am glad that you posted the issue of Neurontin, as it is not a safe drug for everyone. Josephine

Terry, Fight and Fight and you will suceed. I will not give up on them either. I feel so badly that my niece is supervisor of the DRO's in my state and I see what they are doing to all of the veterans. For this I am so sorry. Josephine

Berta, Please do by almeans get the coroner reports. I am a type II Diabetic and believe me they knew it. It does not run in my family history, but I had a full blown case as your husband and also had a stroke from the A1C being so high. Do you by any chance have his A1C reading? Do you know what drugs that they gave him in the hospital? Diabetes is one illness that I am most familiar with for it almost cost me my life. The Va has treated me so badly, that I would have to die to give up. They know this and that lady psychiatrist had just better watch out, for I have no reasons to not turn her in to The Medical Board for falsifying my private medical. When a doctor takes my reports and makes the statement that one doctor said that I was a Gravida 3 Para 3 , but I claim to have only two children. They are hitting a touchy subject with me. Yes, I conceived 3 times, but my son died at 5 months into the pregnancy. I took drugs and everything to try to carry the child, but it wasn't to be. It was in the Lord's hands not mine or the doctors. I am blessed with two lovely daughters that are alive. My medical records clearly state Gravia 3 Para 2. She did this as part of her personality disorder. She said that I beat up my husband. Trashed my home and that I denied an eating disorder and self inflicted injuries, " so she says", as I have lost 50 lbs due to the serverity of my diabetes. The examination is full of slanderous remarks and cruel remarks. Things that don't belong in a C& P examination. I was so hurt when I read what she had written about me. If the Management Center takes out all of her lies, there is no personality disorder. I made sure that I send the BVA and the Management Center all a copy of the private medical records for them to decide how to handle this one. Berta, Do let me know about your husbands A1C if you have it or can get it and his list of medications. Thanks so much for all of your support. This site has been so kind to me. Josephine

Thanks John999, You are exactly right and this is what I intend to prove. Josepine

Terry Thanks for taking your time to help me. I have private medical records of librium in 1967 as I was pregnant late 1965 and 1966. I was taking librium when they discharged me. I did locate another record from the archives, which had never been seen also. My commanding officer put in his own hand writing. She is really immature, but lets give her a 460, but keep it hidden from everyone. My treating physician in service, to whom I contacted some 42 years later, baby sit for him and his wife, otherwise he would have never remembered me, wrote me a letter that he did indeed give me the librium and the caffergot and their usage. This is in my sick bay records anyway. This is a strange one like yours. Terry, When you finally won, did they pay you your deserved back pay? They should have. Thanks bunches!! Josephine

Patrick, Thanks for the information. You are just about right the psychiatrist that diagnosed the personality disorder was actually a women doctor and the psychiatrist over her was the man. He was for me and she was against me. I have turned in all information that I can to disprove her, for she falsified me records to come to her conclusion and I will not allow this. Josephine

Just me again. I talked to the Management Center today and was told by Pearl that I would be going for another examinaton. As you know my dishcarge code is 460 emotional Instability Reaction, but I have 42 years of medical records and have never been diagnosed or treated for a Personality Disorder. My first Examination was with a Va. Physchologist stated that my Anxiety Disorder was more than likely started in service. Board of two psychistrist could not agree. One stated Histronian Personality disorder Axis 2 and Axis 1 - Gneralized Anxiety Disorder. My claims file was to return to the two of them to reconcile their differences or if the Management Center deemed another Examination. I guess that chose the new examination. Does anyone know if there is any where on line that post test that my be given to me for a Personality Disorder. I am not trying to pull one over on them, but I am sick of all of the questions about my early discharge from service. I was a corpman and a darn good one, but could not handle the abuse of the navy way of life. It is clear in my records that I was given librium and caffergot in service. Librium is a tranquilisher for my nerves and Caffergot for headaches. I went before a compentency review board to receive my early discharge and was referred by the medical team in D. C. I am filing for 100% service connection. Have not been able to seek gainful employment since my discharge of 1964. I filed the first time in 1978 and was turned down. Filed again in 2002 and was turned down. 2003 awarded pension for 100% disability. I contacted the St. Louis Archives and secured my Psychiatric records and the letter from the commanding officer which lead to my discharge in 1964. Definitely not from behavior problem or any article 15's. My claim was re-opened with new and material evidence never seen by the Va. before. It is my understanding that it is re-opened back to 1978 when the bones of my claim was in the archives, never ask for by the Va. Thanks so much Josephine

I know that drugs work in different way for different people. My daughter is bi-polar and took Neurtontin and did the sucide thing. She took the whole bottle. She was rushed to the emergency room and was given tons of charcoal. Her blood pressure went down to nothing. She was finally stabilized, but spend the night in ICU. She was then transferred to a mental hospital for a weeks visit with shock treatments and other medications. She was immediately taking off Neurontin and doing well with her other medications. I don't mean to say that anyone taking Neurontin will try to commit sucide, but wanted you to know that it has happened. Josephine

Pete53. Thanks, but my file is at The Management Center. My file left the Regional Office in December for the BVA and went from the BVA in April to the Management Center. Berta alerted me to the fact that I had not received the VCAA Notice from The Management Center. I want them to put in writing what they have from the BVA to support my claim. My Representative in West Virginia contacted them as well as myself and they said that it was being typed up. I live in the state of Virginia and have not been able to keep in contact with the Huntington Regional Office as the toll free number rings through to the Roanoke, Va. Office and My niece is a supervisor of the DRO'S is why I am a code 6 in West Virginia. Thanks again for taking the time to post information for me, for it is always welcome. Josephine

Berta, I can't thank everyone enough for getting me on the straight and narrow path. I would like to end this long drawn out battle. The Management Center has told me that my file was due to go back to the two psychiatrist the first of September for them to reconcile their differences. I told Pearl, if I did not get this in writing, I would be sending them all of the medical records from 1965 to date and she told me that they already had duplicates in my file. I really don't care, for I have never succeeded in getting anyone to tell me what they had, so I have been loading them down. My first Representative did nothing for my claim, and is now retired. I do have a nice guy in West Virginia working with me. It is difficult being a Code 6, for very few can open the claim, and then being transferred after the first decision from their psychologist to another state. I doubt that my retired representative filed out any papers in my behalf, as when he received it, he was ready for heart surgery. It does seem that my new younger representative is doing all that he can for me. Thanks again so much!! Josephine