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Josephine
I can't move forward, so I am creating a backlog.If the AMC would not loose all the records, there probably would not be a back log. How can the Claims Adjustor and the Development Team check a file for completeness and when it arrives at the " Rating Specialist", papers be missing, causing you to start all over again.
I sent this letter to the Inspector General's Office, and Senator Warner's. I spoke with Senator Warner's office yesterday.
I am assuming they will have to remove my file from the filing cabinet to answer his question.
I was remanded to the AMC April 2006. I immediately responded to the
request per the remand. I secured the letter needed April 2006, by Dr. M Payne and the Letter by Pastor B. O Burch, Did I file in 1978 and a letter about "Doris".
I contacted the St. Louis Archives for my Personnel Records and any
additional medical records in their possession. I received the Personnel Records May 2006 and immediately faxed these to Pearl at the AMC.
The Personnel Records were mentioned to me again by Pearl, June 2006 and I again immediately contacted the St. Louis Archives for another copy.
In turn, I faxed the complete set to Pearl, and was in turn told by her that they were logged into my claims file.
September 2006, my Claims file made it to the Rater and was sent to the two Psychiatrists per the remand for a new opinion. They responded, but did not comply to the remand.
The rater requested the Personnel Records as they were missing.
I spoke with Ms. Dunlap and was told that the AMC had received a letter from the St. Louis Archives my Personnel Records were missing at the Archives.
I told Ms. Dunlap that I would fax another copy to the AMC and she seemed astonished that I had a complete copy. I faxed them to Ms. Dunlap and was told by Lidel J. he would log them into my claims file, which he did.
I sent the AMC a letter to Rate January 1, 2007.
I waited and waited for my claims file to be rated, but was told that the file was in the over-flow.
August of 2007, I faxed a copy of my advancement on the docket to one of the employees by the name of Lucy, Office of the Inspector General.
I appreciate Lucy taking action and assuring me that my claim would go to the rater shortly.
Within two weeks my claim was with the "Rating Specialist". I was told on September 14, 2007, she turned my claim over to her "Supervisor".
The telephone counselors told me for two weeks, they were waiting for
her/his signature.
October 3, 2007, I received a letter, which told me they were securing
more information from Dr. M. Payne. His letter of April 2006 was missing from the file.
I called and spoke to a R. Binder and was told this was a VCAA letter. I ask what to do with the Statement of the Case page to the back of the letter, and was told to fill this out and return. Why a second VCAA Notice? To delay a decision and began again.
I called and spoke to Ms. Dunlap and she assured me that this was not a VCAA Notice and to return it with any information that I felt the AMC may have lost.
My service officer received a letter dated October 6, of my having a
possible C&P dated 2006.
I took what I felt that the AMC may have lost the April 2006 letter by Dr. M. Payne, Pastor B. O Burch and other Statements in Support of Claim,that I felt were important and had the Regional Office, date stamp this information and the U.S Navy Recruiter faxed all information to AMC.
This will be the second time that the same thing has happed to me. Lost records.
I was told Thursday, October 18, 2007, that my claims file was at the
Claims Examiner to place the claims file back in order for the " Rating Specialist" and that my claims file would return back to the " Rating Supervisor".
October 19, 2007, Lidel J called me and I did have some questions
regarding the slander in the last C&P and what the AMC did about this. I ask him, "Has my claims file went back to the "Rating Specialist".
He said "No"! Your claims file is in the file and will be worked in time, as they have a tremendous back log.
I spoke to Ms. Dunlap today by way of Mr. Russo's Office, as I am a
sensitive 6 and no one can open my claim.
She assured me she would secure my claims file from the filing cabinet and take it to the Development Manager for her/him to check the file.
This does not tell me how long my file will stay with the Manager of
Development and if it will be another year before my claims file is
reviewed again.
She did state to me, only when the file is complete does it move
forward and advance. My claims file is in the cabinet and needs to be
rated, before my information is lost.
This is pasted directly from the Remand by the BVA.
"In support of her claim she submitted several service department
documents she obtained from the National Personnel Records Center,
including additional service medical records, which VA had not obtained
previously. "
Is this statement why my records are being lost or destroyed? I have been sent two VCAA notices just to delay my claim. There was no need to send me a second one October 3, 2007 and for my claim to return to development.
The medical records could have been secured by the Rating Supervisor and returned for rating.
I have been discriminated against since my locating my "Psychiatric
Records in the St. Louis Archives where they laid idle and never secured.
It is obvious to me the AMC is waiting for me to die in order to not rate this claim. They are aware that my health is poor and I am age 63 and at times suicide would be the best option for me. I only ask for closure of this claim. I know that there is a backlog, but I have been working with this last claim since December 2001. Filing first in 1978.
I spoke to Ms. Dunlap yesterday and she had not done one thing that she said that she would. My claims file is till in a cabinet.
Always,
Josephine
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