You filed a notice of Disagreement with our action. This is the first step in appealing to the Board of Veterans Appeals ( BVA) This letter and enclosures contain very important information concerning your appeal.
Statement of the Case
We have enclosed a Statement of the Case, a summary of law and evidence concerning your claim. This summary will help you to make the best argument to the BVA on why you think our decision should be changed.
To complete you appeal, you must file a formal appeal. We have enclosed a VA Form- 9 Appeal to the Board of Veteran’s Appeals, which you may use to complete your appeal. We will gladly explain the form if you have questions. Your appeal should address:
1. Benefits you want
2. The facts in the Statement of the Case with which you disagree and
3. The errors that you believe that we made in applying the law.
What we will do
After we receive your appeal, we will send your case to the BVA in
Washington, D.C. for a decision. The BVA will base their decision on an
independent review of the entire record, including transcripts of the
BVA will base their decision on an independent review of the entire
record, including transcripts of the hearing, if you have one.
Evidence
1. Service Records from March 5, 1963 through May 11, 1964
2. You were sent a letter June 11, 2003 and July 24, 2003 about the duty to assist provision of the Veterans Claim Assistance Act of 2000.
3. Treatment Records from 1979 through February 2004 from Dr. M. P.
4. Additional service medical records submitted 2004
I have ask until I am purple in the face
WHY WERE MY PRIVATE MEDICAL RECORDS OF DR. G. Sxxxxx 1965 - 1979 AND DR. Mxxxx Kxxxx 1975 NEVER USED BY THE DRO? HE HAD THEM IN HIS POSSESSION UPON MY FIRST FILING DATE OF 1978 AND I WROTE AND TOLD HIM THAT HE HAD THEM AND TO USE THEM.
Adjudicative Actions
12 - 31- 2002- Claim received
02 - 27- 2004 Claim considered on all evidence of record
03 23- 2004 You were notified of decision
06 - 04 2004 Notice of Disagreement received
10 - 07 - 2004 The Decision Review Officer has completed a preliminary
review of your file and has determined that , based on the evidence
currently of record, your claim cannot be granted.
THIS IS NOT THE DRO’S FINAL DECISION, We are sending you this Statement of the Case so that you can better understand your appeal.
An examination is being scheduled at the VA Medical Center. The VA. Medical Center will notify you about the date and the time to report for the examination.
Decision
Service Connection for Chronic Anxiety with Depression is Denied
Reasons and Bases
The additional service medical records submitted from the National
Personnel Records Center and the Report from Dr. M. P, dated April 2004
are considered Both "New and Material" and your claim for service
connection for an acquired psychiatric disorder is re-opened.
PLEASE NOTE THE DRO HAD THE NEW AND MATERIAL EVIDENCE AND THE LETTER FROM DR. M. P AT THE TIME HE DENIED ME FOR ANXIETY WITH DEPRESSION
C&P by Dr. Christopher Mxxxxx October 18, 2004.
Diagnosis - Generalized anxiety disorder not otherwise specified with
depression. More likely than not this veterans anxiety began in service.
SUMMARY and CONCLUSION:
This veteran clearly has a very long history of anxiety with depression,
and currently, during this examination, warrants such a diagnosis due to
the above mentioned symptoms. It appears that her diagnosis is not what is
in question, according to the examination request. The main question
appears to be “ Does the veteran have a Chronic Acquired Psychiatric
Disorder which began in service? “ Based on the evidence to be discussed next, this examiners’ opinion is that it is at least as likely as not that the veterans anxiety and depression was caused by or a result of her military service. The evidence reviewed in this case was the entire claims file, though, in particular, there are records indicating that she was diagnosed with anxiety and prescribed Librium in 1967, whereas the examination request initially stated that her psychiatric treatment dated from 1979, according to the forms. In addition, the veteran reports no medication treatment prior to that in 1965 when evaluated, due to her pregnancy which is plausible. Given the closeness of her treatment to her
military service ( compared to 1979 ) , this makes it more likely that she had been having problems in 1964, as well.
DR. C. M SPENT ALMOST ONE HOUR LOCATNG THE POST MEDICAL RECORDS FROM 1965 - TO 1979 SCATTERED IN MY CLAIMS FILE.
Form - 9 Appeal to BVA
I am off to the BVA at the same time that I am going for a C&P
FIVE MONTHS AFTER FIRST C&P ANOTHER C&P FOR SAME
For those who have time to read and comment. Here is the second part of the story!
FIVE MONTHS AFTER FIRST C&P ANOTHER C&P FOR SAME
April 12, C&P for Acquired Psychiatric Disorder by Dr. L. L and Dr. G. B
AXIS 1 - Anxiety Disorder not Otherwise Specified
AXIS 11 -Personality Disorder not otherwise specified with borderline, dependent, and historian Traits
AXIS 111 - other illnesses
AXIS 1V
AXIS V CURRENT GLOBAL ASSESSMENT OF FUNCTIONING - 40
The Veterans symptoms are primarily consistent with a personality disorder furthermore it does not appear that the veteran developed a chronic psychiatric disability while on active duty. It is the finding of this Board that the veteran’s anxiety disorder was not caused by or worsen by her time in service.
I picked up a copy of this C&P and was astonished by the slanderous lies of me and the changing of my medical records. I have sent you a copy of my medical records of Dr. G. S to allow you to see for yourself the truth.
I immediately filed a formal complaint with the Patient Advocate at the VAMC and received a letter from the Director of the Medical Center, to which I have sent you a copy.
What Professional would allow a patient to pick up a copy of a C&P examination and when the veteran files a complaint and later discovers that the Dr. L. Lehmann has placed into the record
PRIVACY ACT AMENDMENT NOTE - You may not VIEW this COMPLETED PRIVACY ACT AMENDMENT NOTE.
I secured this when Martha Qxxxx, nurse on duty, placed her statement of my mental condition when she treated immediately after this C&P and her follow up call the following day as I could not remember the examination.
I have sent to the BVA letters by my husband Rxx xxxx and my two daughters Axxx Wxxx and Axxx Cxxxxx
SUPPLEMENTAL STATEMENT OF THE CASE
Carl Ray list the evidence used to render his decision. The medical records from 1965 - 1979 by Dr. Gxxxx Sxxx and Dr. Kxxx are again not mentioned or used.
Cxxl Rxx is very unfair as he does not place any weight to anyone but the two psychiatrists when he makes his decision.
SERVICE CONNECTION FOR AN ACQUIRED PSYCHIATRIC DISABILITY TO INCLUDE ANXIETY AND DEPRESSION IS DENIED.
That a veteran may have been treated for a particular condition while on active duty does not mean that the condition will be automatically be considered service connection.
There must be evidence of a chronic disability or disease directly linked to military service.
In making this determination, we have given greater to the board of psychiatrist findings since this was done by a psychiatrist.
Caxx Rxy cannot by any VA Regulation base his decision on CREDENTIALS! A Psychiatrist is no more and not as qualified to diagnosis a veteran
We note your displeasure with the findings of that examination, however, the fact that a claimant may disagree with the findings on a VA examination does not mean that the examination report is erroneous or otherwise inadequate for rating purposes.
I have placed this into the record, as one can clearly see that this veteran was to be denied benefits from the first day that she turned in copies of the Service department records never acquired by the VA.
I was denied my claim for anxiety with depression, due to the lack of a C&P and the DRO refused to acknowledge or use the post medical records of this veteran from 1965 to 1979.
They were clearly in the record, as Dr. Cxxxx Mxxx located these for him and still the VA refused to acknowledge them.
The Veteran was sent a Formal Form- 9 to return within 60 days with a Preliminary Statement of the case and refused to use the new and material evidence and the letter from Dr. Mxxxx Pxxxx. The DRO listed this into evidence, but did not use them.
The DRO re-opened a new claim for “ a chronic acquired psychiatric disorder and ordered a C&P as the claim was being sent to the BVA.
I have provided the VA with a letter by my treating military doctor, Dr. Bxxx Cxxx to clarify his treatment of me. Librium for my nervous/anxiety and Cafergot for my headaches. Three letters by my pastor of the me before service and my private doctor to date has sent in 4 letters. I have spent my time dis-crediting the two psychaitrist, as their complete C&P is slanderous lies.
I will and shall to continue to seek 100% service connection with TDIU to my first filing date of 1978 due to the negligence to acquire the “ New and Material evidence of the Service department records as stated by the BVA.
One can clearly see that my claim has been one of negligence and when I turned in those Service department Records that lay silent for almost 30 years, I was never to receive benefits.
Cxxx Rxxx ruled on a Personality Disorder not otherwise Specified which the DSM-IV does not accept.
I certify that the information that I have given is true and correct to the best of my knowledge and belief.
Question
Josephine
October 7, 2004
You filed a notice of Disagreement with our action. This is the first step in appealing to the Board of Veterans Appeals ( BVA) This letter and enclosures contain very important information concerning your appeal.
Statement of the Case
We have enclosed a Statement of the Case, a summary of law and evidence concerning your claim. This summary will help you to make the best argument to the BVA on why you think our decision should be changed.
To complete you appeal, you must file a formal appeal. We have enclosed a VA Form- 9 Appeal to the Board of Veteran’s Appeals, which you may use to complete your appeal. We will gladly explain the form if you have questions. Your appeal should address:
1. Benefits you want
2. The facts in the Statement of the Case with which you disagree and
3. The errors that you believe that we made in applying the law.
What we will do
After we receive your appeal, we will send your case to the BVA in
Washington, D.C. for a decision. The BVA will base their decision on an
independent review of the entire record, including transcripts of the
BVA will base their decision on an independent review of the entire
record, including transcripts of the hearing, if you have one.
Evidence
1. Service Records from March 5, 1963 through May 11, 1964
2. You were sent a letter June 11, 2003 and July 24, 2003 about the duty to assist provision of the Veterans Claim Assistance Act of 2000.
3. Treatment Records from 1979 through February 2004 from Dr. M. P.
4. Additional service medical records submitted 2004
I have ask until I am purple in the face
WHY WERE MY PRIVATE MEDICAL RECORDS OF DR. G. Sxxxxx 1965 - 1979 AND DR. Mxxxx Kxxxx 1975 NEVER USED BY THE DRO? HE HAD THEM IN HIS POSSESSION UPON MY FIRST FILING DATE OF 1978 AND I WROTE AND TOLD HIM THAT HE HAD THEM AND TO USE THEM.
Adjudicative Actions
12 - 31- 2002- Claim received
02 - 27- 2004 Claim considered on all evidence of record
03 23- 2004 You were notified of decision
06 - 04 2004 Notice of Disagreement received
10 - 07 - 2004 The Decision Review Officer has completed a preliminary
review of your file and has determined that , based on the evidence
currently of record, your claim cannot be granted.
THIS IS NOT THE DRO’S FINAL DECISION, We are sending you this Statement of the Case so that you can better understand your appeal.
An examination is being scheduled at the VA Medical Center. The VA. Medical Center will notify you about the date and the time to report for the examination.
Decision
Service Connection for Chronic Anxiety with Depression is Denied
Reasons and Bases
The additional service medical records submitted from the National
Personnel Records Center and the Report from Dr. M. P, dated April 2004
are considered Both "New and Material" and your claim for service
connection for an acquired psychiatric disorder is re-opened.
PLEASE NOTE THE DRO HAD THE NEW AND MATERIAL EVIDENCE AND THE LETTER FROM DR. M. P AT THE TIME HE DENIED ME FOR ANXIETY WITH DEPRESSION
C&P by Dr. Christopher Mxxxxx October 18, 2004.
Diagnosis - Generalized anxiety disorder not otherwise specified with
depression. More likely than not this veterans anxiety began in service.
SUMMARY and CONCLUSION:
This veteran clearly has a very long history of anxiety with depression,
and currently, during this examination, warrants such a diagnosis due to
the above mentioned symptoms. It appears that her diagnosis is not what is
in question, according to the examination request. The main question
appears to be “ Does the veteran have a Chronic Acquired Psychiatric
Disorder which began in service? “ Based on the evidence to be discussed next, this examiners’ opinion is that it is at least as likely as not that the veterans anxiety and depression was caused by or a result of her military service. The evidence reviewed in this case was the entire claims file, though, in particular, there are records indicating that she was diagnosed with anxiety and prescribed Librium in 1967, whereas the examination request initially stated that her psychiatric treatment dated from 1979, according to the forms. In addition, the veteran reports no medication treatment prior to that in 1965 when evaluated, due to her pregnancy which is plausible. Given the closeness of her treatment to her
military service ( compared to 1979 ) , this makes it more likely that she had been having problems in 1964, as well.
DR. C. M SPENT ALMOST ONE HOUR LOCATNG THE POST MEDICAL RECORDS FROM 1965 - TO 1979 SCATTERED IN MY CLAIMS FILE.
Form - 9 Appeal to BVA
I am off to the BVA at the same time that I am going for a C&P
FIVE MONTHS AFTER FIRST C&P ANOTHER C&P FOR SAME
For those who have time to read and comment. Here is the second part of the story!
FIVE MONTHS AFTER FIRST C&P ANOTHER C&P FOR SAME
April 12, C&P for Acquired Psychiatric Disorder by Dr. L. L and Dr. G. B
AXIS 1 - Anxiety Disorder not Otherwise Specified
AXIS 11 -Personality Disorder not otherwise specified with borderline, dependent, and historian Traits
AXIS 111 - other illnesses
AXIS 1V
AXIS V CURRENT GLOBAL ASSESSMENT OF FUNCTIONING - 40
The Veterans symptoms are primarily consistent with a personality disorder furthermore it does not appear that the veteran developed a chronic psychiatric disability while on active duty. It is the finding of this Board that the veteran’s anxiety disorder was not caused by or worsen by her time in service.
I picked up a copy of this C&P and was astonished by the slanderous lies of me and the changing of my medical records. I have sent you a copy of my medical records of Dr. G. S to allow you to see for yourself the truth.
I immediately filed a formal complaint with the Patient Advocate at the VAMC and received a letter from the Director of the Medical Center, to which I have sent you a copy.
What Professional would allow a patient to pick up a copy of a C&P examination and when the veteran files a complaint and later discovers that the Dr. L. Lehmann has placed into the record
PRIVACY ACT AMENDMENT NOTE - You may not VIEW this COMPLETED PRIVACY ACT AMENDMENT NOTE.
I secured this when Martha Qxxxx, nurse on duty, placed her statement of my mental condition when she treated immediately after this C&P and her follow up call the following day as I could not remember the examination.
I have sent to the BVA letters by my husband Rxx xxxx and my two daughters Axxx Wxxx and Axxx Cxxxxx
SUPPLEMENTAL STATEMENT OF THE CASE
Carl Ray list the evidence used to render his decision. The medical records from 1965 - 1979 by Dr. Gxxxx Sxxx and Dr. Kxxx are again not mentioned or used.
Cxxl Rxx is very unfair as he does not place any weight to anyone but the two psychiatrists when he makes his decision.
SERVICE CONNECTION FOR AN ACQUIRED PSYCHIATRIC DISABILITY TO INCLUDE ANXIETY AND DEPRESSION IS DENIED.
That a veteran may have been treated for a particular condition while on active duty does not mean that the condition will be automatically be considered service connection.
There must be evidence of a chronic disability or disease directly linked to military service.
In making this determination, we have given greater to the board of psychiatrist findings since this was done by a psychiatrist.
Caxx Rxy cannot by any VA Regulation base his decision on CREDENTIALS! A Psychiatrist is no more and not as qualified to diagnosis a veteran
We note your displeasure with the findings of that examination, however, the fact that a claimant may disagree with the findings on a VA examination does not mean that the examination report is erroneous or otherwise inadequate for rating purposes.
I have placed this into the record, as one can clearly see that this veteran was to be denied benefits from the first day that she turned in copies of the Service department records never acquired by the VA.
I was denied my claim for anxiety with depression, due to the lack of a C&P and the DRO refused to acknowledge or use the post medical records of this veteran from 1965 to 1979.
They were clearly in the record, as Dr. Cxxxx Mxxx located these for him and still the VA refused to acknowledge them.
The Veteran was sent a Formal Form- 9 to return within 60 days with a Preliminary Statement of the case and refused to use the new and material evidence and the letter from Dr. Mxxxx Pxxxx. The DRO listed this into evidence, but did not use them.
The DRO re-opened a new claim for “ a chronic acquired psychiatric disorder and ordered a C&P as the claim was being sent to the BVA.
I have provided the VA with a letter by my treating military doctor, Dr. Bxxx Cxxx to clarify his treatment of me. Librium for my nervous/anxiety and Cafergot for my headaches. Three letters by my pastor of the me before service and my private doctor to date has sent in 4 letters. I have spent my time dis-crediting the two psychaitrist, as their complete C&P is slanderous lies.
I will and shall to continue to seek 100% service connection with TDIU to my first filing date of 1978 due to the negligence to acquire the “ New and Material evidence of the Service department records as stated by the BVA.
One can clearly see that my claim has been one of negligence and when I turned in those Service department Records that lay silent for almost 30 years, I was never to receive benefits.
Cxxx Rxxx ruled on a Personality Disorder not otherwise Specified which the DSM-IV does not accept.
I certify that the information that I have given is true and correct to the best of my knowledge and belief.
Thanks Josephine
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