Letter From Vcsm Nod For Headaches

[Josephine]

I sent this letter via internet to the Huntington, Regional Office, what am I missing here?

I never heard from this NOD for headaches.

Subject: Status for claim on Headaches

Dear Sirs,

In reference to the July 13, 2004 letter from the Department of Veterans Affairs Roanoke, Va. Reply # xxx/xxxx

SS# xxxxxxxxxxxx

Second Paragraph

Furthermore, our records show that you filed a notice of disagreement with the Department of Veterans Affairs ( VA) decision of March 23, 2004 that denied service connection for chronic anxiety with depression and service connection for headaches. This letter describes what happens next.

As of yet I have not received a decision regarding my claim for the headaches. If you could please send me the status of my claim it would be appreciated.

Here is the response I received today.

In response to your inquiry of the status of your claim for headaches, we have determined that your condition is not service connected.

This decision was made on March 23, 2004. You were notified of this decision on July 12, 2004.

Thank you for contacting us. If you have questions or need additional help with the information in our reply, please respond to this message or see our other contact information below.

Sincerely yours,

Joseph R. Beaudoin

Veterans Service Center Manager

Something about those dates don't make sense. I never received any letter from this NOD, only about the Chronic Anxiety December 12, 2005.

Does anyone have an idea of what he is saying?

How do I get a copy of this July 12, 2004 denial.

Am I crazy, but aren't the dates the same?

Thanks,

Betty

Edited May 30, 2008 by Josephine

[Ron II]

The denial should have been shown in a Statement of Case or Supplemental Statement of Case.

I recommend you ask for the document (i.e., SOC or SSOC) that discussed the denial of the headaches portion of your claim (s).

You could request copies of all SOCs or/and SSOCs from "This decision was made on March 23, 2004. [to] You were notified of this decision on July 12, 2004. "

Good luck,

Ron

p.s.

I suspect you already have your C-file--you could mention in your request that you have your full C-file and there is no such documentation in the records the VA has supplied you.

Edited May 30, 2008 by Ron II

[Chuck75]

MM there was an old reg that said that any thing claimed or inferred, but not specifically mentioned in a letter of denial was also denied. I believe that the later regs nullified this.

I sent this letter via internet to the Huntington, Regional Office, what am I missing here?

I never heard from this NOD for headaches.

Subject: Status for claim on Headaches

Dear Sirs,

In reference to the July 13, 2004 letter from the Department of Veterans Affairs Roanoke, Va. Reply # xxx/xxxx

SS# xxxxxxxxxxxx

Second Paragraph

Furthermore, our records show that you filed a notice of disagreement with the Department of Veterans Affairs ( VA) decision of March 23, 2004 that denied service connection for chronic anxiety with depression and service connection for headaches. This letter describes what happens next.

As of yet I have not received a decision regarding my claim for the headaches. If you could please send me the status of my claim it would be appreciated.

Here is the response I received today.

In response to your inquiry of the status of your claim for headaches, we have determined that your condition is not service connected.

This decision was made on March 23, 2004. You were notified of this decision on July 12, 2004.

Thank you for contacting us. If you have questions or need additional help with the information in our reply, please respond to this message or see our other contact information below.

Sincerely yours,

Joseph R. Beaudoin

Veterans Service Center Manager

Something about those dates don't make sense. I never received any letter from this NOD, only about the Chronic Anxiety December 12, 2005.

Does anyone have an idea of what he is saying?

How do I get a copy of this July 12, 2004 denial.

Am I crazy, but aren't the dates the same?

Thanks,

Betty

[Josephine]

The denial should have been shown in a Statement of Case or Supplemental Statement of Case.

I recommend you ask for the document (i.e., SOC or SSOC) that discussed the denial of the headaches portion of your claim (s).

You could request copies of all SOCs or/and SSOCs from "This decision was made on March 23, 2004. [to] You were notified of this decision on July 12, 2004. "

Good luck,

Ron

p.s.

I suspect you already have your C-file--you could mention in your request that you have your full C-file and there is no such documentation in the records the VA has supplied you.

Ron,

I have no such SOC or SSOC concerning the headaches. I do not have a letter dated July 12, 2004.

I turned in a NOD June 14, 2004 for Chronic Anxiety and for service connection for headaches. This I have copies of.

I later receiced this letter from the DRO.

Next came a SOC October 7, 2004 for denial for Chronic Anxiety , but re-opening my claim for " an Acquired Pscychiatric Disorder".

In the end at the BVA Judge I won the claim called, " An Acquired Psychiatric Disorder Chronic Anxiety with Depresssion.

I am puzzled by all of this.

Since the day I turned in the NOD. Headaches has never been mentioned.

Thanks,

Betty

[Josephine]

[quote name='Chuck75' date='May 30 2008, 05:50 PM' post='93375']

MM there was an old reg that said that any thing claimed or inferred, but not specifically mentioned in a letter of denial was also denied. I believe that the later regs nullified this.

[/quote]

Chuck,

Could you explain a little more of what you are saying.

Thanks,

Betty

[Ricky]

Betty, it appears that the claim for headaches (NOD) is still open and they simply are not reconizing the fact that a NOD was submitted. I would send them a copy of the letter you have and ask what the status is since you never received a decision (SOC) on the headaches. Make sure you go over the SOC you received on the MH issue to insure they did not discuss the headaches.

[free_spirit_etc]

I think your headache claim got lost in the shuffle of trying to deny you the anxiety claim.

I agree with you - the dates do NOT add up. The letter you attached was DATED July 13, 2004. In that letter they state they received your NOD for the March 23, 2004 denial of SC for anxiety and headaches.

NOW they are saying they informed you July 12, 2004 that you were denied????

Hmmm

Strange timeline

March 23, 2004 - claim denied.

July 12, 2004 - they notify you the claim was denied

July 13, 2004 - They write you a letter and tell you they received your NOD for the claim they just told you was denied the day before?

Nope. It doesn't add up.

I think they lost the headache claim in the shuffle. And now, rather than admit it -they are trying to act like they informed you that claim was denied - and that you didn't appeal it.

But in all actuality, I think they dropped the ball on the headache claim - and kept you fighting for your life on the anxiety one.

Maybe it is time to pull out the old "inextricably intertwined" issue...

Your claim was FULL of how the doctor in the service treated you for headaches. One of those letters from the doctor's you posted a couple of weeks ago stated that you had been on medication for headaches that was Secondary to your anxiety (or something along those lines)... This claim was SCREAMING OUT SC headaches - even if you wouldn't have specifically filed for them.

Just like being unemployable - the headaches weren't just buried in the evidence - they said over and over again that you began being treated for headaches in the service, that you kept being treated for headaches.

Dot one. Dot two. Not too many dots to connect.

You might want to ask them to clarify why they notifed you on July 12 that your headache claim was denied (and that you don't have a record of it - ask for a copy) and notified you on July 13 that they had recieved your NOD for anxiety / headaches.

I doubt they have a copy of the July 12 denial. It doesn't make much sense...

And ask if you need to file an NOD on the fact that they didn't adjudicate your headaches - which was your understanding was still a pending claim. Or in the event they think it is not pending - should you file an NOD for their failure to acknowledge your SC headches which was OBVIOUS in the evidence of record - and inextricably intertwined with your SC anxiety.. or if it is still open.

I know they had the Court Case a couple years ago that said that anything that wasn't specifically granted on a decision was denied - or something close to that. I guess they wanted to cut out all the open unadjudicated claims -- So it was something like if you filed for 3 things and they only addressed one - you had to NOD appeal the other ones --

Some of the websites were recommending adding some blanket statement like -- "I appeal everything else that wasn't addressed - or something like that - to make sure nothing is missed.

I haven't followed what has played out from that court decision - or from their recommendations though.

Also - as the court decision was in -I THINK 2006 - I am not sure if it would apply to a 2004 denial.

Free (doesn't seem to be sure of very much)