Opinions Needed To

[Berta]

The VA just told me all of my main issues -AO death, and 2 SMC CUEs went to the DRO this AM.

I thought this was odd.

I sent in a DRO election form on the 2 CUE claims on Sept 17th,2007 reminding VA that the reconsideration request I had filed a year ago was still in process and the NOD had been filed in June.

It took over a year for me to get my 2005 DRO review o my AO death claim-and it was a sameo sameo so I asked them to CUE it and they gave me a DRO conference immediatly but with my POA -who screwed that all up-

I wonder why the DRO has all my claims again-?

I sent a letter on the recent VCAA letter I received but pointed out that it was sole one I ever got that complied with the VCAA-

and that this is why my claim was remanded so fast from the BVA last year.

I sent again (for about tenth time) my IMOs,with this letter to RO and also copied them to the back of the SMC DRO request form- even though they arent involved with those claims-

and I raised many regulations they broke for 4 1/2 years that I want finally applied to my claims.I pasted the exact citations from M21-1 and 38 CFR etc into the letter.

They got all this from me on Sept 12th 2007-

it was given to a "case worker" from adjudication that same day -and it all went to the DRO today.

Would this kick back to the initial DRO request I made in 2004 and maybe this time they will do it right?

Any thoughts?

[Berta]

Josephine- I believe that you posted the results of that C & P here long ago and that the C & P doc did make the more than likely statement but had offered no rationale for a linkage as to your inservice nexus.

I have seen that before and worked for a long time with a vet who had a more than likely from a VA shrink but could not support his nexus nor any of the stressors he had told the VA doctor about.

I thought this was why the VA did not accept this C & P- it said the key words but still -it did not support the nexus.

I felt the BVA had stated exactly what they would consider a Nexus and asked for evidence of that in the remand.

I think it involved witnessing death of another servicewoman-in the remand.Something like that is definitely a bonafide event that could cause anxiety and even PTSD -wether combat or not.

If the VA has received evidence of any inservice event that would cause anxiety

such as proof of that situation- then the initial favorable C & P would sure have a lot of weight.

[Josephine]

Berta,

No the first C&P with the More Likely than Not gave a complete rationale for his decision.

The first C&P was ignored and 5 months later a new one was ordered.

It is the two psychiatrist that refuse to give a rationale, even though the AMC has sent it back to them again and they will not concur with the remand. They are not in agreement and will not reconcile their differences.

I have an IME from a Board Certifed Psychiatrist that stated that the fear of death in the swimming pool may have caused PTSD. This would be 3 months after that farce of a C&P.

I never turned it in to the VA, because I was not about to open a claim for PTSD.

Thank,

Josephine