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Statement Of The Case Oct. 7, 2004


Josephine

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  • HadIt.com Elder

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

Edited by Josephine
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Josephine,

Everything they need to grant benefits are in the SOC. The way I see it, they are fishing for a doc that will give them something to deny you claim on. By there own regs if they have enough evidence to grant benefits then they should. The big question is "HOW DO WE MAKE THEM FOLLOW THE REGS???"

I hope the brst for you. Hang in there. Fight them to the end.

Rdawg

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  • HadIt.com Elder

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Josephine, I agree with rdawg: "Everything they need to grant benefits are in the SOC."

They are doing what they do best: delay and deny.

In my opinion, you have already won your claim, it's all there in the SOC! The DRO (Decision Review Officer} was/is a dumbass!! There's no other way to explain his denial. You will win this claim. Never give up!! ~Wings

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Josephine, I agree with rdawg: "Everything they need to grant benefits are in the SOC."

They are doing what they do best: delay and deny.

In my opinion, you have already won your claim, it's all there in the SOC! The DRO (Decision Review Officer} was/is a dumbass!! There's no other way to explain his denial. You will win this claim. Never give up!! ~Wings

Wings,

I have added the last part of this claim and included the second C&P.

thanks,

Josephine

Edited by Josephine
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  • HadIt.com Elder

Josephine, hoping it works out clearly for you soon.

I too dont understand when the VA gets specific information that they do not identify the sources, dates and subject matter. I have had several peices of supportive data submitted and mentioned only in a summarization on SOC. I truly feel that if we have to submit "specfically this or that peice of paper" so the VA should acknowledge EVERY document they get as well.

Can anyone give us advice on how to get the VA to recognize and show reciept of important documents in the SOC response? Thanks.

Also, these two sentences have also been on all of my "denials".

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.

I truly feel these statements are added to be "disproved" by the veteran, hence prove our disability(s) by ourselves, asking for access to our records at the VA and paying for second opinions from civilian doctors. Of course there is no "automatic" SC awarded without request. I just wish we individuals could use a personal checklist to validate we have it all together, T's crossed and such before we submit to the VA. With the importance of teh EED it seems only fair we get a valid chance at organizing teh data and forms requested. Also, the VA doesnt use FORM #s and Names on their letters that they send me. Really, just a blank paper that "stands" for teh VCAA form or whatever, with no Specific Title or Number on the TOp right or lower bottom. Could be why we Vets wander through disability paperwork with such effort to discern its meaning.hugs,cg

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Josephine, hoping it works out clearly for you soon.

I too dont understand when the VA gets specific information that they do not identify the sources, dates and subject matter. I have had several peices of supportive data submitted and mentioned only in a summarization on SOC. I truly feel that if we have to submit "specfically this or that peice of paper" so the VA should acknowledge EVERY document they get as well.

Can anyone give us advice on how to get the VA to recognize and show reciept of important documents in the SOC response? Thanks.

Also, these two sentences have also been on all of my "denials".

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.

I truly feel these statements are added to be "disproved" by the veteran, hence prove our disability(s) by ourselves, asking for access to our records at the VA and paying for second opinions from civilian doctors. Of course there is no "automatic" SC awarded without request. I just wish we individuals could use a personal checklist to validate we have it all together, T's crossed and such before we submit to the VA. With the importance of teh EED it seems only fair we get a valid chance at organizing teh data and forms requested. Also, the VA doesnt use FORM #s and Names on their letters that they send me. Really, just a blank paper that "stands" for teh VCAA form or whatever, with no Specific Title or Number on the TOp right or lower bottom. Could be why we Vets wander through disability paperwork with such effort to discern its meaning.hugs,cg

Cowgirl,

It should be over for me soon. I sent the BVA a copy of those important medical records as soon as I was denied, but in my opinion, I was never to receive benefits anyway. I was at the BVA before I had my first examination and then when the examination came in positive, The VA had no choice, but to send me to someone who would discredit me.

The two Psychiatrist did this with their changing of the medical records and such horrible slanderous lies.

Only my board Certified Internist can rebut their accusations of me, as he has been examining me for 30 years.

When does a Psychiatrist have the right to state, that one record states that you are a gravida 3 para 2, but you claim to have only two children. All you have to do is to look at the medical record and see that it says gravida 3 para 3. I have only two daughters, as I lost a son between the two daughters. I have no self- inflicted injuries and all those horrible lies they used to give me that darn personality disorder.

When I turned in those " psychiatric records that became both " New and Material", there was no way that I stood a chance of winning this claim.

I have to have my last Statement in by fax tomorrow, as the AMC has already received the lettter from my doctor of 30 years.

thanks for your insight,

Always,

Josephine

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There is a lot of support here for Josephine's claim.

However- I again refer to the remand-

to the sole circumstance that the BVA seemed to consider a potential nexus,the proof that BVA asked for -regarding that nexus- and the proof of diagnosis from the private doctor with a statement from him as to his ability to render a psychiatric diagnosis that is more probative then that of the 2 VA psychiatrists.

In my opinion this claim still needs an IMO- maybe even 2 IMOs and also proof of the nexus.

I know Josephine does not want to hear that from me again but I would be failing all of you as well as her to not point out these critical parts of her claim.

As well as a statement of "more than likely" refering specifically to the inservice nexus- from the internist.

I think support is wonderful but I also hope you all have given Josephine this support for her claim-by fulling reading the remand.

Edited by Berta
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  • HadIt.com Elder
There is a lot of support here for Josephine's claim.

However- I again refer to the remand-

to the sole circumstance that the BVA seemed to consider a potential nexus,the proof that BVA asked for -regarding that nexus- and the proof of diagnosis from the private doctor with a statement from him as to his ability to render a psychiatric diagnosis that is more probative then that of the 2 VA psychiatrists.

In my opinion this claim still needs an IMO- maybe even 2 IMOs and also proof of the nexus.

I know Josephine does not want to hear that from me again but I would be failing all of you as well as her to not point out these critical parts of her claim.

As well as a statement of "more than likely" refering specifically to the inservice nexus- from the internist.

I think support is wonderful but I also hope you all have given Josephine this support for her claim-by fulling reading the remand.

Berta,

By no means do I want you or anyone to feel that they have failed me.

Thanks,

Josephine

Edited by Josephine
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