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

[Josephine]

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.

Ricky,

The October 7, 2004 makes absolutely no mention of headaches.

How do I get a copy of this July 12, 2004 SOC or what ever denial

they are talking about?

I sure don't want to make them angry and mess up my TDIU Claim

Always a Mess.

Thanks

Betty

[Josephine]

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)

Free,

You are correct the R.O was so busy trying to deny me for anxiety

they forgot to adjuciate the headache claim.

I have absolutely nothing from the Roanoke, Virginia Regional Office

for this NOD for headaches.

That is where my file was at the time.

Now the claims file is over in Huntington, West Virginia

I have a copy of the NOD for the February 27, 2004 decision with both

the new and material evidence.

I have the letter that I sent to the DRO June 14, 2004 to include

headaches.

Any ideal, how I can get my hands on a copy of this SOC of July 12, 2004?

Thanks Betty

[free_spirit_etc]

I would ask them to send you a copy. It probably does not exist. It doesn't make sense that they would deny your claim March 23, accept your NOD (as they admitted they did), send you a Supplemental Statement of Case on July 12 (denying the headaches) and then send you ANOTHER letter the NEXT day telling you that they received your NOD on the March 23 decision.

My bet is:

They denied on March 23

You sent a NOD - and a letter to withdraw some of the other claims.

They sent you the letter July 13 acknowledging both the NOD and the withdraw of the other claims.

They NEVER sent any SOC or SSOC (actually, as you had already filed a NOD - it would have been a SSOC)as they had no reason to pull the headache claim out and decide that independently of the anxiety claim -

They played their close this -reopen that, this isn't a final decision crap until even THEY didn't know what was going on.

They lost the headache claim in the shuffle.

You might ask them to send you a COPY of the denial they are referring to.

But here is another question - if THEY didn't re-decide your headache claim, and thus, the BVA did not address it - should you appeal the BVA decision - in that it did not address your headache claim? Are you still within the time frame for this? (Though you should be able to show good cause for late filing. You can also write and ask for an EXTENSION of time to file an appeal - in that you are trying to findout whether the headache claim is still open, or if they get to dismiss it merely by failing to address it, despite the OBVIOUS evidence in the record

If they can't come up with a copy of the letter - and proof that they sent it to you - You might want to ask the RO & / or BVA to call a cue on themselves for failing to adjudicate the OBVIOUS claim for SC for headaches.

Free

Free,

Any ideal, how I can get my hands on a copy of this SOC of July 12, 2004?

Thanks Betty

[Josephine]

I would ask them to send you a copy. It probably does not exist. It doesn't make sense that they would deny your claim March 23, accept your NOD (as they admitted they did), send you a Supplemental Statement of Case on July 12 (denying the headaches) and then send you ANOTHER letter the NEXT day telling you that they received your NOD on the March 23 decision.

My bet is:

They denied on March 23

You sent a NOD - and a letter to withdraw some of the other claims.

They sent you the letter July 13 acknowledging both the NOD and the withdraw of the other claims.

They NEVER sent any SOC or SSOC (actually, as you had already filed a NOD - it would have been a SSOC)as they had no reason to pull the headache claim out and decide that independently of the anxiety claim -

They played their close this -reopen that, this isn't a final decision crap until even THEY didn't know what was going on.

They lost the headache claim in the shuffle.

You might ask them to send you a COPY of the denial they are referring to.

But here is another question - if THEY didn't re-decide your headache claim, and thus, the BVA did not address it - should you appeal the BVA decision - in that it did not address your headache claim?

Are you still within the time frame for this? (Though you should be able to show good cause for late filing. You can also write and ask for an EXTENSION of time to file an appeal - in that you are trying to findout whether the headache claim is still open, or if they get to dismiss it merely by failing to address it, despite the OBVIOUS evidence in the record

If they can't come up with a copy of the letter - and proof that they sent it to you - You might want to ask the RO & / or BVA to call a cue on themselves for failing to adjudicate the OBVIOUS claim for SC for headaches.

Free

But here is another question - if THEY didn't re-decide your headache claim, and thus, the BVA did not address it - should you appeal the BVA decision - in that it did not address your headache claim? [/size]

Free,

I don't believe the BVA can decide a claim the R.O has never adjudicated. Can they?

I have " The R. O will not address my claim for headaches on the Form - 9 which was turned in to the BVA November 2004.

I went to the BVA before the R. O decided my claim for " An acquired psychiatric disorder".

Betty

[free_spirit_etc]

The BVA might have dropped the ball on it then, as I don't recall they mentioned it in the remand.

If the RO denied headaches - and you filed a NOD and a Form-9 on them, then the BVA should have had jurisdication -

I think it just got lost...

Are you still within the time-frame to appeal the BVA decision? Or can you ask THEM to review their decision, as they failed to adjudicate the headache claim that you had timely appealed and should have been before them?

It is quite possible if they are the ones that dropped the ball on it - they can open the decision back up and grant it.

Free

But here is another question - if THEY didn't re-decide your headache claim, and thus, the BVA did not address it - should you appeal the BVA decision - in that it did not address your headache claim? [/size]

Free,

I don't believe the BVA can decide a claim the R.O has never adjudicated. Can they?

I have " The R. O will not address my claim for headaches on the Form - 9 which was turned in to the BVA November 2004.

I went to the BVA before the R. O decided my claim for " An acquired psychiatric disorder".

Betty

[Josephine]

Free,

I would be afraid the BVA would change their earlier decision.

I am going to contact the toll free number, as I will talk to someone

in South Carolina, and ask them to bring up the letter of

July 12, 2004.

I kind of wanted to wait and see if they will at least pay me

back three years on the TDIU and they still have my husbands

retro also.

I am pretty sure I have one year to ask the BVA to review the

decision.

I guess I will lay low at this time.

Thanks a bunch,

Betty