Rater Is Moving Fast!

[Josephine]

Hi to all,

I am most definitely in a maze and can't get out, for now I am in a daze!

Here is the latest and what I would call my last stand!

The Rating Specialist at The Appeals Management Center has sent my claims file for the second time back to the two ( quack) psychiatrist.

The Rater wants Answers. She wants a " New Opinion".

At this time the boss of the two quacks has the orders and demands.

They must answer each of their accusations and changing of my medical records.

She wants to know how in the world the following are in agreement.

My Doctor Of 30 years - Result of service

First C&P - More Likely than not and more likely a result of service

Military doctor - letter May 10, 2005, to clairfy his shorthand that the librium was for nervous/ anxiety and the cafergot was for my headaches.

Dr. Jones Military Psychiatrist - In consulation for nervesness and headahes and irrability.

Dr. McMahon - Military Board Certifed Psychiatrist - Consultation for same and recommends discharge. Recommends discharge for unsuitability.

Pastor Burch- three letters did not have nervouness or take any meds before service. Has known me for 50 years. Anxiety began in service

THE BVA AND AMC WANT TO KNOW WHEN DID HER ANXIETY BEGIN?

The two Psychiatrist - does not APPEAR she acquired a psychiatric disorder in service.

IF THE TWO PSYCHIATRIST DO NOT WISH TO GIVE A NEW OPINION. I AM TO HAVE ANOTHER C&P WITH ONE DOCTOR.

* I WILL NOT GO IN THAT ROOM BY MYSELF.*

If it comes down to another C&P, what in the heck do I do. I am to find out next week, if I have another C&P.

Do I begin with showing the new doctor the proof of the lies in that dumb stupid C&P by the two psychiatrist?

It has to get better, don't it.

Always,

Josephine

Edited November 1, 2007 by Josephine

[Josephine]

Hi Josephine

That s what I need a fast rater, but only after the AMC log in my letter and IMO from Dr. Bash.

I agree with LarryJ, if they do order another C&P, then start fresh.

Happy Trails

Paul aka hurryupnwait ing

Hi Paul,

Sure hope that the Archives Faxed your information in for you today. Once your information is logged in and do keep a check on that supervisor, your claim will fly fast also.

Thanks Bunches!

Betty

[Josephine]

You can expect the AMC and their C&P window shopping raters to disregard favorable evidence in your SMR's.

Until the AMC and rating specialists are held accountable and prosecuted for their illegal acts to cheat veterans & widows out of their earned benefits, it will be business as usual for returning troops and the rest of us.

Allen,

Since this Rater sent that C&P back to the two psychiatrist September 2006 and was not satisfied with their answer and is sending it now to the Director of Psychiatry. I am going to try to hold the thought, that perhaps, I located an honest one.

I have seen them so many times send a Favorable Decision back for a Negative, but to see a Rater send the only Negative that you have in your claims file back twiced seems quite remarkable to me.

What do you guys think?

Always Appreciate your Comments,

Josephine

[RockyA1911]

Josephine,

When a C&P is psychiatric the VA can refuse to let you have someone else in the room with you during the exam by a psychiatrist. Overcome that by bringing yourself a micro tape recorder, tell them you have trouble remembering and you must have the exam recorded and as there permission. Then turn it on and state in the recording todays date and time, the purpose of this recording is to record and document this C&P Exam. The Examiners name and title and that they have given permission to tape the C&P exam.

Then you have it all recorded along with the recorded permission of the C&P examiner. Then listen to it at home and type up the whole transcript. Then compare the transcript to the C&P exam report.

There is more than one way to skin a cat and with the tape and transcript, you got them. You will have their nuts in the vice grip.

It has just been to long and ridiculous in the adjudication of your claim. Hope this ends for your soon and with favorable results.

God Bless,

RockyA

[cowgirl]

Rocky, quick question just for you! Have you ever used a tape player during a visit to psychiatrist? and do you think that may have changed your exam for the better? or? Just curious, was thinking my C&P may have 'sounded' professional but sure wouldnt want to personally reexperience hearing the same experience.

Josephine, if you do try a tape player, how about outsourcing the typing to medical transciptionist? There are so many around doing 'at home' work, just a thought. IF I could redo my C&P I would be satisfied with a Videocam and three long life batteries, smile. Who knows, may have had a more professional exam by default!Of course, I tried my best to be professional, always calling the Dr, Dr So and So (well, at least during the exam I was very polite!) For any future C&Ps, I will always carry a legal pad and pen to jot down notes on; good for the goose and the gander!

Best to you Josephine, I admire and am inspired by your courage to perservere.cg

Josephine,

When a C&P is psychiatric the VA can refuse to let you have someone else in the room with you during the exam by a psychiatrist. Overcome that by bringing yourself a micro tape recorder, tell them you have trouble remembering and you must have the exam recorded and as there permission. Then turn it on and state in the recording todays date and time, the purpose of this recording is to record and document this C&P Exam. The Examiners name and title and that they have given permission to tape the C&P exam.

Then you have it all recorded along with the recorded permission of the C&P examiner. Then listen to it at home and type up the whole transcript. Then compare the transcript to the C&P exam report.

There is more than one way to skin a cat and with the tape and transcript, you got them. You will have their nuts in the vice grip.

It has just been to long and ridiculous in the adjudication of your claim. Hope this ends for your soon and with favorable results.

God Bless,

RockyA

[Josephine]

Thanks so much to all of you,

Having slept on this one.

I have to wonder " Why would the Rater sent this particular C&P back twice to the medical center?

Directly from the remand:

7. After the above development has been completed, the veteran's claims file should returned to the board of VA psychiatrists who participated in the April 2005 examination for clarification of the provided opinion. They should be requested to review the record and reconcile their opinion as to etiology in light of the evidence added since their examination of the veteran, including the

May 2005 statement of Dr. Brian C. Cxxxxx and the January 2006 statement of Dr. Michael Pxxxxx.

September 2006, the Rater send this back to the two Psychiatrist and there answer was: Does not alter conclusion. That is their only response.

I do not know for sure, if I will be going for a C&P or if it will just be for Dr. Sxxxx to give his input as to when did my anxiety begin?

I have to think if they award benefits, with the pension awarded by the VA at 100% for Anxiety with Depression back to 1983 and un-employable.

This " New and Material Evidence" wouldn't the VA have to at least pay me back to 1983 at 100% Tdiu?

Figure how much money is on the line here?

I also have all of my claims re-opened to 1978.

Having this in my remand at the BVA

In this case, the veteran contends that she has an acquired

psychiatric disorder that was incurred during active service.

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. It is possible that a

further search for official service medical records might

substantiate the veteran's claims of repeated visits to

physicians in service. In addition, as the reasons for her

early release from service in May 1964 are at issue, the

Board finds the veteran's complete service personnel file

should be obtained and added to the record.

Is it time for me to take precautions and bring in Medopinions.

All I want is the " Law of Probability".

When did this veterans anxiety with depression begin?

I could contact them today and head this thing off, if the rater is there to do a number on me.

Thanks and always Appreciated,

Josepine

Edited November 2, 2007 by Josephine

[RockyA1911]

CG,

Yes I did use a tape recorder for my PTSD C&P. I was still shell shocked from how the VA did me back in the 70's over my skull loss,craniotomy, and cranioplasty and TBI.

After obtaining my VA file in 2005, I saw what they wrote and what they wrote that I said at the C&P. So I was ready for the PTSD C&P in July of '05. The C&P Examiner had no problems with the tape recorder and gave her permission on tape too. I told her that due to my cognitive disorder and PTSD with memory loss that the tape recorder is the only way I could remember what transpired at the C&P.

The Examiner did not insert anything in the C&P exam report that I did not say, nor did she put anything in there that she did not say to me, nor did she add anything that did not transpire. If she had of, I had the trusty ole tape recorder to prove the truth of both what she said and what I said.

I did not use the tape recorder for other C&Ps as the conditions required only x-ray and measurements such as size of the skull loss, etc.

It's just after reading your last post Josephine that I did remember that the VA had sent your file back to those same quacks as before of which they did not change their opinion or explain thoroughly the rationale for their opinion. And this is just a bunch of crap. It doesn't look to me that the BVA is trying to help you, it looks like some more of the same run around. If you have another C&P demand that you be allowed to tape the whole thing.

If I were you I think at this point I would hit the VA with the Mariano vs. Principi case law and make them S!!T or get off the pot. You already have sufficient medical evidence to adjudicate your claim, in fact you have more than the opinions of the two A!! Hole shrinks do and the BVA is now going to try and play the same game!!! BS!!!

Think about it....It's like the idiot that sat in the theater watching a day old horse race flick. He kept betting on the looser and would bet the loser again and then watch the same movie. He said the reason he kept betting on it was that the horse came so close the last three times that he felt it would win in the next re-run of the same movie.

I think that is what they are trying to pull. You can get them on the phone for what I read. So get them on the phone and tell them that you also want to file a CUE against the BVA for violating case law Mariano vs. Principi to say the least. It is definitely undebatable that the BVA is seeking additional medical opinions in hopes of finding one that will be unfavorable to your claim......That is against the law.

Go get em!!!!