Nova Comments On

[Berta]

http://www.vawatchdog.org/07/nf07/nfOCT07/nf102707-10.htm

They raise a very important point-

many of these vets who ultimately get retros over $250,000- and it isnt unusual when a claim has been in the system for many years-

have been forced into this long wait due to errors on the VA's part.

A claim denied at the VARO and the BVA then awarded at CAVC might already been passed around for a decade-or more.

When one considers that CAVC only uses the established BVA record (the vet cannot send in any more evidence to the CAVC)

it means when the CAVC does award- that the evidence was in the file for years-at the RO and/or BVA level --- that could have prompted an award much sooner.

I am worried about a friend of mine- and cannot contact-

He got 40% after 12 or more years but it should have been 100%.

I prepared his NOD but at the time he said he was just happy to get the 40% and didnt really want to go through the years of fighting he had done.

Also the VA wanted to pay his CAVC lawyers 8,000 bucks and I prepared a NOD on that too which would get him back about 4,000 of that fee. In my opinion the value of their work for him didnt amount to more than 20 bucks.

This is a case where a vet was so beaten down by the system for so long that maybe he never filed the NODs at all- because he could not take the VA rigamorale any longer.

You get to that point- I am exhausted by the crap I have gone through for 4 years-finding at every level that- the VA did make errors but my POAs made sure my evidence was never presented to them.And by finally making a formal complaint to the OGC and documenting what I went through with the POA- I actually now feel like a gang bang victim.

Sometimes when you do a time line it reveals more than you think.

They also messed up this vets claim too-right from the gitgo and I was the one who found his service nexis but they could have done that when he filed it over a decade ago.I just hope he is still alive.

Those years waiting for the SC decision involved years of signficant other increasing medical problems directly due to the SC one.100% and even possible SMC and they gave him 40%-that is outrageous.

[Josephine]

Berta,

I do value your opinion and do appreciate your answers.

I went to the Rater September 2006 and returned back to Development for my Personnel Records were missing after sending them in three times.

The third time was a charm as they were finally logged in January, 1, 2007.

September 2007, My claims file makes its' rounds to the Rater again and this time the April 2006 letter by Dr. Pxxxx was missing.

Dr. Pxxxx sent the letter in to the AMC October 15, 2007 and was logged in.

My claims file is back in development and I spoke to Ms. Dunlap and ask her why I was sent what they call a VCAA notice, October 3, 2007.

The letter only stated they were working on my claim and that they needed medical letter from Dr. Pxxxx. Attached was another " statement in support of claim", to which I did not want to fill out as I told them I had no more information to turn in January 2007.

Ms. Dunlap and Rachelle Binder told me that I had to respond and to sent any important papers that I feel they may have lost.

I, in turn took all of my papers from the first VCAA notice to the Regional Office and had them date stamped and faxed to them by the Navy Recruiter.

I talked to Ms. Dunlap as to what they wanted to move my file from the cabinet, and she said, she wasn't over that department, but she would ask them to look at the claim and see if what they needed was there.

I don't believe that answer.

I talked to Fred, being a sensitive 6, I am limited as to who can open my claim, as to how to get my claims file back out of the filing cabinet.

He said for me to contact another "GOVERNMENT AGENCY".

I ask him "who" and he said he couldn't tell me, but to use my good sense and to think!

Any one have any ideal of who is speaking of?

I wish that they would go ahead and give me the denial and get me out of the system.

I am guessing that September must be my month and sure don't want to be there until September 2008.

Always,

Josephine

Edited October 28, 2007 by Josephine

[Berta]

I dont know what he meant by contacting another "Government agency"

It seems to me that they are following the remand step by step-but I dont know why they sent another VCAA letter.

They did send you a letter to attempt to confirm your nexus- the drowning incident-

and also a letter to see what qualifications your doctor had ,to opine on any psychiatric issue-and to support the nexus that the BVA highlighted.

I dont know what else they could possibly need at this point- in a VCAA letter-

Others probaby see the claim differently than I do-

I saw one potential nexus the BVA highlighted and wanted proof of, and then- that your private medical opinion had to overcome the 2 VA psychiatrists opinions with full medical rationale with your doctor's credentials stated.

There might have been one other thing in the remand too- I forget-

Something else they are waiting for ?

I have no idea what to think Josephine-

If you feel you and your doctor satusfied what the remand needed - I would think they should be close to making a decision.

[Josephine]

I dont know what he meant by contacting another "Government agency"

It seems to me that they are following the remand step by step-but I dont know why they sent another VCAA letter.

They did send you a letter to attempt to confirm your nexus- the drowning incident-

and also a letter to see what qualifications your doctor had ,to opine on any psychiatric issue-and to support the nexus that the BVA highlighted.

I dont know what else they could possibly need at this point- in a VCAA letter-

Others probaby see the claim differently than I do-

I saw one potential nexus the BVA highlighted and wanted proof of, and then- that your private medical opinion had to overcome the 2 VA psychiatrists opinions with full medical rationale with your doctor's credentials stated.

There might have been one other thing in the remand too- I forget-

Something else they are waiting for ?

I have no idea what to think Josephine-

If you feel you and your doctor satusfied what the remand needed - I would think they should be close to making a decision.

Berta,

I don't know what they want at this point. I was told by Ms. Dunlap that the Supervisor of Rating was not at all satisfied with the C&P by the two psychiatrist and wanted to see if Dr. Pxxxx could satisfy their opinion.

She said that it was written into the record that the two psychiatrist did not read the complete C-file and would not comply with the remand.

So that if anything else was lost I resent to them and had each date stamped.

1. Buddy Letter

2. Letter about " Doris"

3. Proof that I did file a claim for nervous, anxiety and headaches in 1978

4. Personnel Records - 3 times, now lost in the Archives. The AMC told me they received a letter that the records could not be located.

5. I sent them Dr. Kxxxxx's Credentials, Medical License by the Board of Medicine and an itemized statement for Psychotheraphy in 1976.

6. In the event the R. O left out the medical records from 1965 to 1979 I re-sent those.

7. I sent them a copy of the letter that I received from the Director of the VAMC refusing to take out the false statements in the C&P.

8. I sent them a copy of notification of both C&P's - The first one being the correct one and the second one for a clinic appointment.

9. I re-sent the statement by Nurse Qxxxx that saw after that C&P and follow up visit.

10. Letter by my Pastor Bxxxx.

I ask again and Dr. Pxxxxx, still will not give me a copy of that letter.

Knowing his temper and having written them 3 letters, I bet it is a doozy.

He may be an Internist, but he is an Excellent Physician and he has treated me for 30 years. I look back now, and I was only 34 years of age, when I first walked into his office. He was only 33.

I feel like, we were just kids, compared to now.

Thanks again, I sure appreciate.

Always,

Josephine

Edited October 28, 2007 by Josephine

[Pete53]

Fact is these large awards are due to VA not getting the job done in the first place.

[Josephine]

Fact is these large awards are due to VA not getting the job done in the first place.

Pete,

They are sly and not stupid, just very deceitful on working these claims.

Always,

Josephine