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lu12

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WITH EVIDENCE OF CERTIFIED MAIL // DOMESTIC RETURN RECEIPT.

This is a letter I sent to the BVA; again they never responded to it. I know this b/c the way the board addressed all 3 issues on their decision.

Claim Number:

Claimant Name:

Supplemental Statement in Support of Claim

Substantive Appeal

RESPONSE

Hereby request the DVA; Board of Veterans` Appeals Washington DC 20420 to re-characterized the following Issues and allows me to amend and perfect the appeal on all Issues.

1. Entitlement to service connection for cervical HNP disorder to include C2-C3 Radioculopathy to shoulders, elbows and arms, bilateral factor of both upper and lower extremities as either on a Primary or Secondary Basis to my Service-Connected Conditions, Lumbar Spine & Right knee, Permanent and Total Disabilities. 2. The effective day of the claim for this issue should be 08/19/96. 3. Entitlement to an evaluation in excess of 50 percent. 5. Entitlement Service Connection on a scheduler or extra scheduler basis.

1. Entitlement to Service Connection for Major and (Recurrent), Depression; as either on a Primary or Secondary Basis to my Service-Connected Conditions; Lumbar Spine & Right Knee Permanent and Total Disabilities. 2. Entitlement to Service Connection for Generalized Anxiety as either on a Primary or on Secondary Basis, to my Service-Connected conditions; Lumbar Spine & Right Knee, Permanent and Total Disabilities. 3. Entitlement service connection for PTSD; because of Personal Trauma; as either on a Primary or, on Secondary Basis to my Service-Connected Conditions; Lumbar Spine & Right Knee, Permanent and Total Disabilities. 4. Also the medical evidence clearly demonstrates that I sought and began medical treatment (within the one year presumptive period) following my medical discharge from service. 5. Entitlement to an evaluation in excess of 50 percent; on a scheduler or extra scheduler basis. 6. The effective day of the claim for this issue should be 01/29/98.

1. Entitlement to service connection for Hiatal Hernia and Gastro Esophageal Reflux as either on a Primary and or a Secondary Basis, to my Service-Connected Conditions; Lumbar Spine & Right Knee, Permanent and Total Disabilities, to include as secondary for the use of NSAID Medication taken for the Service-Connected Conditions; Lumbar Spine, Right Knee, Permanent and Total Disabilities. 2. Entitlement to service connection for Gastritis and Duodenal Ulcer, secondary to the related use of NSAID medications. 3. Entitlement to service connection for the Helicobacter Pylori Infection, secondary to the Hiatal Hernia and Gastro Esophageal Reflux secondary to the use of NSAID medications for the service connected disabilities, Lumbar spine & Right knee, Permanent and Total Disabilities. 4. Also the medical evidence clearly demonstrates that I sought and began medical treatment (within the one year presumptive period) following my medical discharge from service. 5. Entitlement to an evaluation in excess of 50 percent; on a scheduler or extra scheduler basis. 6. The effective day of the claim for this issue should be 01/29/98

I will be able to send to the Board of Veterans` Appeals, more information and medical evidence to substantiate my claims with in the next 90 days.

_______________ ___________

Claimant Signature Date

What should I do, write to the BVA about this matter now with a copy to the AMC or the other way around and wait for the AMC decision.

Also the Puerto Rico, VARO is no longer able to handle this case since the AMC, Washington, DC claimed jurisdiction over it.

Any comment please,

lu12

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WITH EVIDENCE OF CERTIFIED MAIL // DOMESTIC RETURN RECEIPT.

This is a letter I sent to the BVA; again they never responded to it. I know this b/c the way the board addressed all 3 issues on their decision.

Claim Number:

Claimant Name:

Supplemental Statement in Support of Claim

Substantive Appeal

RESPONSE

Hereby request the DVA; Board of Veterans` Appeals Washington DC 20420 to re-characterized the following Issues and allows me to amend and perfect the appeal on all Issues.

1. Entitlement to service connection for cervical HNP disorder to include C2-C3 Radioculopathy to shoulders, elbows and arms, bilateral factor of both upper and lower extremities as either on a Primary or Secondary Basis to my Service-Connected Conditions, Lumbar Spine & Right knee, Permanent and Total Disabilities. 2. The effective day of the claim for this issue should be 08/19/96. 3. Entitlement to an evaluation in excess of 50 percent. 5. Entitlement Service Connection on a scheduler or extra scheduler basis.

1. Entitlement to Service Connection for Major and (Recurrent), Depression; as either on a Primary or Secondary Basis to my Service-Connected Conditions; Lumbar Spine & Right Knee Permanent and Total Disabilities. 2. Entitlement to Service Connection for Generalized Anxiety as either on a Primary or on Secondary Basis, to my Service-Connected conditions; Lumbar Spine & Right Knee, Permanent and Total Disabilities. 3. Entitlement service connection for PTSD; because of Personal Trauma; as either on a Primary or, on Secondary Basis to my Service-Connected Conditions; Lumbar Spine & Right Knee, Permanent and Total Disabilities. 4. Also the medical evidence clearly demonstrates that I sought and began medical treatment (within the one year presumptive period) following my medical discharge from service. 5. Entitlement to an evaluation in excess of 50 percent; on a scheduler or extra scheduler basis. 6. The effective day of the claim for this issue should be 01/29/98.

1. Entitlement to service connection for Hiatal Hernia and Gastro Esophageal Reflux as either on a Primary and or a Secondary Basis, to my Service-Connected Conditions; Lumbar Spine & Right Knee, Permanent and Total Disabilities, to include as secondary for the use of NSAID Medication taken for the Service-Connected Conditions; Lumbar Spine, Right Knee, Permanent and Total Disabilities. 2. Entitlement to service connection for Gastritis and Duodenal Ulcer, secondary to the related use of NSAID medications. 3. Entitlement to service connection for the Helicobacter Pylori Infection, secondary to the Hiatal Hernia and Gastro Esophageal Reflux secondary to the use of NSAID medications for the service connected disabilities, Lumbar spine & Right knee, Permanent and Total Disabilities. 4. Also the medical evidence clearly demonstrates that I sought and began medical treatment (within the one year presumptive period) following my medical discharge from service. 5. Entitlement to an evaluation in excess of 50 percent; on a scheduler or extra scheduler basis. 6. The effective day of the claim for this issue should be 01/29/98

I will be able to send to the Board of Veterans` Appeals, more information and medical evidence to substantiate my claims with in the next 90 days.

_______________ ___________

Claimant Signature Date

What should I do, write to the BVA about this matter now with a copy to the AMC or the other way around and wait for the AMC decision.

Also the Puerto Rico, VARO is no longer able to handle this case since the AMC, Washington, DC claimed jurisdiction over it.

Any comment please,

lu12

I will do my best. Is your claim at the BVA or has it been remanded to the AMC?

Always,

Betty

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"Entitlement Service Connection on a scheduler or extra scheduler basis."

I dont understand this part-

only 100% is a basis for extraschedular-

You raised two reasons for service connection of mental disorders- this is good-but the PTSD part will take a diagnosis of PTSD-

Also you raised these issues as either direct SC or secondary- good there too-

"Also the medical evidence clearly demonstrates that I sought and began medical treatment (within the one year presumptive period) following my medical discharge from service"

good point here but not all disabilities fall into the one year after service prsumptive regs- still

this statement should help you-

I know it will only add more time- if you have not sent this out yet- but if I were you I would again list the evidence of what you are claiming and even send copies of it again.

I recently got a letter from the VA Central Office re a matter I have separate from my claim-

lawyers at the OGC (the best of the best at VA)

lost some of my stuff already.

I called them up and they told me they were diverted from my situation in November and since then have not been able to find my paperwork-they apologised profusely-

and I had to re-copy and mail 57 pieces of evidence.

I have dealt with lost paperwork for well over a decade at the RO level but it can happen anywhere in the system-

my point is regardless of who you deal with- it might take the time to attach again some copies of your evidence or at least list what you have already sent the VA.

I would send this all to both the BVA as well as the AMC.

(This is funny- I wrote to the RO recently to tell them that my IMOs- if they have been lost again- are also at the office of the General COunsel (gave the atty's name)

and they could contact the OGC or me if the info is missing again from my c file-

good thing they didnt call the OGC- the IMos were part of the packet of info the GC office lost)

I probably have spent hundreds of bucks on priority mailings ,and extra ink and PC paper, over the last 5 years-to replace all the info and evidence that VA as well as my vet reps have lost.

Your statement is very good-I just wanted to point out a few things I saw-

Berta

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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"Entitlement Service Connection on a scheduler or extra scheduler basis."

I dont understand this part-

only 100% is a basis for extraschedular-

Good day Berta I got lost here with this part of your reply? What you mean is that I most delete from my SSOC RESPONSE TO THE BVA - the part of scheduler or ex-tracheduler? please.

Thank you,

lu12

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I will do my best. Is your claim at the BVA or has it been remanded to the AMC?

Always,

Betty

Hello Betty,

My claim has been remanded to the AMC. The BVA out of three issues granted me s-c for my GI disorders and remanded cervical spine and psychiatric disorders issues. This is funny the AMC divided this appeal in two parts they sent for a c&p examination for my GI issue for rating purpose that is 2006-2007 one year already.

The second part: They sent for C&P examinations on Dec 10, 2007 - two remanded issues left behind, cervical & psychiatric disorders. My point or another question here is, way the AMC did not sent for all three C&P examination at the same time. This is not right, dont fell right to me, because this means at least another full year to complete this case.

lu12

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I just felt confused by that-

many others will comment here-

it won't hurt to leave it in-

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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