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http://www.va.gov/OCA/testimony/hvac/sdama/050505MW.asp lu12

H.R. 1016 would authorize appropriations for five specific budget accounts: • Medical Services, • Medical Facilities, • Medical Support and Compliance, • Information technology Systems, and • Medical and Prosthetic Research. lu12

Hello Berta, I been looking for a recent post related to either a cova or bva case, in which they relate to IMO's careful consideration. do you have this case or maybe it was post by Tbird or some body else not sure. I would like to have this information so that I can include the same on my SSOC closing statement response to the AMC. Thank, lu12

Hello Berta, I'm about to start writing my SSOC response to the AMC SOC, my question is, should I start my response referring first to the errors made on the 2009 AMC SOC or should I start referring to the original 1998 C&P VA Examiner wrongfully diagnoses and VARO claim examiner wrongfully classification of the diagnoses? Could you recommend the chronology that I should use here. Thank you, lu12

It's possible to ask the AMC(RO) to CUE them self, rather than waiting for the BVA decision and if still against the Veteran the decision, rather to ask the BVA to also CUE them self too. lu12

Under a second remand, back to the AMC. Thank you, Pete992 lu12

Hope this may help, ISSUE: Independent Medical Evidence ISSUE: Independent Medical Evidence, Adequacy of Examinations ISSUE: Adequacy of Examination Reports ISSUE(S): Sustained Improvement; Reduction In Rating - Neuropsychiatric Disorder ISSUE(S): Restored Entitlement Program for Survivors ISSUE: Payment of improved death pension benefits to a child not in the custody of the surviving spouse ISSUE: Amount of Offset of Survivors' Benefits under 38 USC 1151 (formerly 351). ISSUE: Eligibility under section 156© for purposes of the Restored Entitlement Program for Survivors (REPS) lu12 DECISION_ASSESSMENT_DOCUMENTS.doc

Is it possible that you can summit a NOD relating to a CUE and the Benefit of Doubt Rule at the same time? Thanks, lu12

Berta, thank you so much, The Problem started when the first C&P examiner after a 30-35 minutes evaluation gave a mental diagnosis classified as (Dysthymia). When in-contrast I summited a nexus opinion to begin with, which included a diagnosis of recurrent MD and Chronic Anxiety a medical opinion from a private physician whom treated me for at least for 4 years prior to the first VA Examination, here is where the damage started then like you said "raters commit legal errors in diagnostic codes -mainly based on inaccurate medical information." 30-35 minutes VA evaluation V. 4 years of (private) medical treatment It gets more complicated when a second C&P examiner then agrees that there is evidence of a mental disability (cause the Board) but continues minimizing the real conditions, now you have AMC (2x)(new)claim examiners and adjudicators that along with the last two Examiner continue to evade previous evidence 1988-1996, contemporaneous evidence 1997-2006 and a new evidence from 2007. How do I challenge - VA Examiner & Wrong Dx's. Is there any place in the CFR where I can get inf in regards to regulation and law relating to this specific matter. lu12

Then I did not received a VCAA, but they said that is what it is, now I'm really lost here: How VA Determines the Effective Date • When we received your claim; or • When the evidence shows a level of disability that supports a certain rating under the rating schedule or other applicable standards. What is WEMS ? Thank you, Meddac, lu12

Berta, I will summit a new NOD and request to the AMC to CUE them self in regard to this issue, they ask for my opinions and I been thinking to relate to every RD,SOC, and SSOC that I got since 1998 from the DVA. I will summaries each and every false and inaccurate statement including every error made by the system. This will be no concise NOD, I will also include the form - 9 and consider to request a personal hearing before the BVA. Then again I don't know if is better to wait until I get a response in regard to the cervical spine issue. Been doing lots of reading, can see all the dots, at the same time can't put them together just yet. I will also include 2007 evidence gather specially for the BVA Evidence that the Board did not refer to on their second remand. For this Issue 2007 Dx's and new evidence are similar and correlate 1998 Dx's and evidence of recurrent MD and Anxiety not Dysthymia. Berta do you remember any case related to minimized Dx's and wrong diagnostic code, I already found some information under CFR related to wrong rating but nothing on wrong Dx's. lu12

The VA state the following: How VA Determines the Effective Date • When we received your claim; or • When the evidence shows a level of disability that supports a certain rating under the rating schedule or other applicable standards. Then again your statement make sense, which way is the right direction? Thank you Tsnave, lu12

Berta, u should have pages, 1, 14,15, and 16 out of the AMC 2009 SOC. Pages from 2 to 13 relates to the same law and regulations that they continue to violate day after day. Thanks, lu12

all claims to be developed on Remand and the cervical spine claim needs VARO to satisfy those 5 factors. Board states, that I claimed for these other issues in 2008, this is not right. I claimed this in 2004 together with a response related to a VA VCAA notice. Geez- many IMOs- What is interesting is that the BVA finally make reference to most IME/O, opinions of record that they failed to disclosed on the first remand, now this time (the Board)they just minimized my IMO statements, they make reference to half of the opinions from the IMO leaving the other half in blank. More over AMC and I have to say this like this, the AMC intentional failed to disclose evidence of record ignoring BVA analysis and point of facts presented by the Board. The TMJ could have association to any mental disorder that would cause teeth grinding due to stress, the SC knee could certainly have affected the cervical problem- I have submitted evidence that relate this condition to the service and to the PP, I also submitted evidence that both Dental examiner and Claim examiner failed to make Known evidence of record. In addition Dental Examiner contradict him self in his medical report throughout his medical opinion. Proving that the claim was well grounded, raising the benefit of doubt rule, evaluation of evidence,ect... what I do see here is that the BVA distinctly raised many ways the cervical problem could be aggravated by or secondary to the SC knee. I did request a reconsideration to have my Appeal re - characterized and perfected to include this condition secondary to my lower back and rt. knee. Now they may considered it as secondary to the scd's The GERD-did you take NSAIDS for anything and were they precribed by the VA? You got my first remand and you posted it here at Hadit under 3yr to retire, I think, my case and Nexus will help others here. if you want I can provide u with a copy of the IME-IMO nexus opinion. Matter of fact evidence avoided and eluded by the RO for 8 yrs. You still have a big foot in the door on this one- a good remand in my opinion- and the VARO must honor this. Berta, is not the VARO Whom is handling this, is the AMC and this means that they are handling my appeal for the second time the same way they did the first time they are still eluding (SOME). Maybe now I can ask them to CUE them self? LU12 how is the Puerto Rico Public Advocate to deal with? Like dealing with a ghost, last time I went to his office he told me there was nothing else for me after my 100%IU/PT - well I won my GI appeal with a 30% and my psy. claim another 30% but classified and rated under a wrong Diagnostic code, evidence of record support a 50% or a 70% my contentions is that I claimed for depression characterize by anxiety, PTSD and pain disorder and they continue to ignore contemporaneous, (SOME) supportive and objective material evidence, some of then with GAF ranging from 35 to 50 evidence ignored by the last examiner that in return assigned a GAF score of 50. My last (Private) IME/O dtd 2007 states Dx's: recurrent MDD/Anxiety, Physically and Mentally Disable with a GAF 50. this IMO was submitted to the Board in 2008 and they make no reference of it on their 2008 remand neither the AMC on the 2009 SOC. Now last IMO relates to: Pt. is Physically and Mentally Disable, but 2007 examiner referred to my PSY Disorders as to: 30% which is equals to: An evaluation of 30% is granted when ever there is occupational and social impairments with OCCASIONAL DECREASE IN WORK EFFICIENCY AND INTERMITTENT PERIOD OF INABILITY TO PERFORM OCCUPATIONAL TASK... I fell up to this point that I'm not capable to perform well due to both conditions. Comments are welcome, lu12

Thank you "Meddac'. Well the AMC states that is a VCAA letter I think they are wrong in regard to there own statements, apart from this, I was granted 30 percent in 2008, filed for sc in 1998, for a period of 10 years the VA denied my claim based on the fact that there was no evidence related to smr's, including VHA health records related to the One yr. PP. I prove then wrong (they lie). In 2006 the BVA recognized evidence described as MANIFESTATIONS or (S&S) and refer then to the VA examiner to consider the same. 2007 VA examiner opinion was as likely as not related to the scd's, yet they missed similar MANIFESTATIONS and (S&S) documented on my smr's. In 2004 I requested to have my claim for entitlement to s-c for a Psy. disorders Effective Date to be changed from 1998 to 1989 as the Early Effective Date based on the same information provided by the VA as described below: How VA Determines the Effective Date • When the evidence shows a level of disability that supports a certain rating under the rating schedule or other applicable standards. Or my assumptions are wrong in facts, regulations and law. Any comments are welcome. lu12