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

[free_spirit_etc]

Someone else might have another idea - but to me it does look like the BVA is the one that dropped the ball on it. And I don't actually think it was an attempt to rob you. But the anxiety claim became 200% of the whole focus...because you were fighting for your life on that one - and the RO was fighting equally as hard to deny you.

But I think they dropped the ball on it on their initial remand.

But as it is not an inferred claim, but one you explicitly stated - and the evidence in obvious and it was intertwined with all the anxiety evidence - I think they would stand a good chance of revising their decision.

HOWEVER, DID you claim for SC for headaches on your initial claim? I am operating under the idea that you did. But upon looking at the NOD you sent - you are talking about ADDING headaches.

If you did NOT claim for headaches initially, and the RO didn't DENY headaches - and your NOD said, I am appealing anxiety, and dropping this that and the other and ADDING HEADACHES to my claim - THEN I would say it is more an unadjudicated claim - As if you ADDED a claim for headaches on your NOD - and the RO didn't deny you - it COULD be at that level...the RO. If you ADDED headaches in March 2004, I fail to see how they could have DENIED you in July 2004. They would not have even had time to have notified you they received your claim - informed you of the evidence needed to establish SC for headaches - and given you the one-year to submit evidence.

They can't just say - we deny you that too without going through the proper procedures.

It will be interesting to see if they can come up with the July 2004 denial. And if you did actually ADD headaches in March 2004 - you might also ask for a copy of the VCAA letter you received for your headache claim.

I agree that the TDIU is the most important now - getting you to the 100% that you deserve.

And the headaches is an error - it is just a matter of finding out where the error occured and how to rectify it.

My husband claimed for headaches as an undiagnosed illness. The SOC said we cannot grant SC for headaches as they have been diagnosed as headaches.

LATER - when we got his medical records from the VA hospital - there it was clear as day - a C&P that was fully favorable for a grant of SC for headaches - Not as an undiagnosed illness - but because the VA doctor said the headaches were actually two TYPES of headaches with two disctinct causes:

1. The headaches that started in the forehead were caused by chronic sinutitis which started in service. My husband didn't claim for sinutitis - but the doctor specifically stated that his sinutitis was clearly diagnosed in service - as he was treated for it repeatedly - and his x-rays in service showed changes in the ethmoid sinuses - and he was DIAGNOSED with chronic sinutitis in service. The doctor also did another x-ray - and confirmed the diagnoses.

2. The headaches that started in the back were caused by the damage to his cervical disks in his neck. The doctor took xrays and drew arrows to the exact region of the neck that was causing the headaches.

Of course, when my husband CLAIMED cervical strain several years earlier - the VA admitted he was injured, but said there was no CURRENT disability. They did find a SLIGHT change in that region, but said it was not disabling. Therefore they denied him SC, rather than giving him zero percent. But the area the C&P doctor pointed out was the SAME area...the area they denied SC for because it wasn't disabling.

But - the RO merely said they couldn't grant SC for headaches, in that they were a diagnosed illness - diagnosed as headaches - totally ignoring that the C&P examiner had given two distinct service connected causes for them.

Free

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

[Josephine]

Someone else might have another idea - but to me it does look like the BVA is the one that dropped the ball on it. And I don't actually think it was an attempt to rob you. But the anxiety claim became 200% of the whole focus...because you were fighting for your life on that one - and the RO was fighting equally as hard to deny you.

Free,

You are right the anxiety claim became lime light of the R. O and to deny me.

As you read in Dr. Mullers' very first C&P. The R.O hid my medical records from him from 1965-1979.

To date these records have never been entered into evidence, only in the C&P and at the BVA level.

But I think they dropped the ball on it on their initial remand.

The first remand was another part of the plot to deny me. The second write up by another member of the counsel if completely different.

But as it is not an inferred claim, but one you explicitly stated - and the evidence in obvious and it was intertwined with all the anxiety evidence - I think they would stand a good chance of revising their decision.

HOWEVER, DID you claim for SC for headaches on your initial claim? I am operating under the idea that you did.

Yes, I did and my intial claim was in 1978, but I shall leave it at 1992, for I seem to be getting somewhere by staying at that date.

They would have to introduce the medical records from 1965 - 1979 if the VA acknowledged them.

But upon looking at the NOD you sent - you are talking about ADDING headaches.

The initial NOD was filled out by one of the counselors at the VA. When I got home, I realized what he did and went back in and added the amendment to include headaches, to which the DRO at the Roanoke R.O acknowledged.

If you did NOT claim for headaches initially, and the RO didn't DENY headaches - and your NOD said, I am appealing anxiety, and dropping this that and the other and ADDING HEADACHES to my claim - THEN I would say it is more an unadjudicated claim - As if you ADDED a claim for headaches on your NOD - and the RO didn't deny you - it COULD be at that level...the RO.

I believe the headache is at the Regional Level. I will scan two more papers for you to look at and then you can see what the NOD is all about.

If you ADDED headaches in March 2004, I fail to see how they could have DENIED you in July 2004.

The original claim this time was December 2002 and I was denied for everything, my niece told me to drop the illnesses that I had no way of service connecting and this I did. It sure didn't save any time as she said it would.

They would not have even had time to have notified you they received your claim - informed you of the evidence needed to establish SC for headaches - and given you the one-year to submit evidence.

They can't just say - we deny you that too without going through the proper procedures.

It will be interesting to see if they can come up with the July 2004 denial. And if you did actually ADD headaches in March 2004 - you might also ask for a copy of the VCAA letter you received for your headache claim.

I have a denial for headaches and chronic anxiety February 27, 2004 and March 23, 2004.

This is when I filed the NOD with the New and Material Evidence, this would be the records from the St. Louis Archives.

I agree that the TDIU is the most important now - getting you to the 100% that you deserve.

Believe me the Huntington R. O is out to get me for making them all look like fools.

And the headaches is an error - it is just a matter of finding out where the error occured and how to rectify it.

I want Huntington to fax a copy of the July 12, 2004 denial for me to see at the Roanoke R. O.

My husband claimed for headaches as an undiagnosed illness. The SOC said we cannot grant SC for headaches as they have been diagnosed as headaches.

LATER - when we got his medical records from the VA hospital - there it was clear as day - a C&P that was fully favorable for a grant of SC for headaches - Not as an undiagnosed illness - but because the VA doctor said the headaches were actually two TYPES of headaches with two disctinct causes:

1. The headaches that started in the forehead were caused by chronic sinutitis which started in service. My husband didn't claim for sinutitis - but the doctor specifically stated that his sinutitis was clearly diagnosed in service - as he was treated for it repeatedly - and his x-rays in service showed changes in the ethmoid sinuses - and he was DIAGNOSED with chronic sinutitis in service. The doctor also did another x-ray - and confirmed the diagnoses.

2. The headaches that started in the back were caused by the damage to his cervical disks in his neck. The doctor took xrays and drew arrows to the exact region of the neck that was causing the headaches.

Of course, when my husband CLAIMED cervical strain several years earlier - the VA admitted he was injured, but said there was no CURRENT disability. They did find a SLIGHT change in that region, but said it was not disabling. Therefore they denied him SC, rather than giving him zero percent. But the area the C&P doctor pointed out was the SAME area...the area they denied SC for because it wasn't disabling.

But - the RO merely said they couldn't grant SC for headaches, in that they were a diagnosed illness - diagnosed as headaches - totally ignoring that the C&P examiner had given two distinct service connected causes for them.

Free, I think that the VA did your husband dirty on his cancer claim and all claims and I sure hope you came make them own up to this.

Thanks,

Betty

Free

Edited June 1, 2008 by Josephine