ptsd To Berta: Bva Second Remand In Two Years.

[lu12]

Any comment on how should I start this new action is truly appreciated due to the fact that I'm exhausted.

Filed my claim for service connection back in 1998 for depression. In April 1996 on a C&P orthopedic exam it was reported that I was experiencing anxiety problems, in August 1996 was medically treated again by the VHA for the same problem, anxiety. Late in 1998 my claim was denied.

1998 VA examiner and claim decisions makers label the psy. disorder as Dysthymia. Dysthymia is a "less severe form of depression // is a disorder characterized by symptoms of mild depression.

My case went before the Board in 2006, the Board remanded my case and came back early 2008 with a 30 percent rating for a Dysthymic disorder. Filed a NOD, the Board remanded my case one more time. I base my NOD on the following facts:

1998 Examiner did not consider evidence of record from VHA system and private sector including numerous IME-IMO's. 1998 VARO claim examiners and decisions makers also failed to consider supportive and objective evidence available at that time.

2008 Examiner and (AMC) base their opinions and diagnosis on 1998 VARO changed diagnosis classified as "DYSTHYMIA" and it is my believe that been classified with a different diagnoses affected the out come of the new service connection and recent rating of 30% and a 2008 GAF: 55-60

2009 VARO-SOC denied my claim for entitlement for a higher evaluation in excess of 30 percent.

I've been diagnosed Since early 1996 with recurrent mayor depression, Chronic long lasting anxiety, PTSD secondary to multiples surgical procedure and pain disorder.

2007-2008 VHA attending PSY. Current Dx's: MDD, anxiety and pain disorders GAF: 50

2006-2007 most recent IMO's refer to the following Dx's: MDD, anxiety, GAF:50 this evidence were rejected by VA Examiner during the psychiatric evaluation. evidence not mentioned by the Board second remand nor by 2009 VARO denial decision and new VA-SOC

I know that you can only be rated for one condition, but my contention is that I filed my first claim under a different diagnosis "DEPRESSION" because that was the diagnosis that I was given them by independent private physicians. In addition to the facts that the PTSD and pain disorders are residual effects of my MDD and Chronic Anxiety. Facts that serve to prove aggravation of the Psychiatric conditions for the past 19 years.

BVA in 2006 recognized and consider the evidence since my presumptive period to present, 19 years of cumulative evidence, yet the Board remanded my case for a second time in early 2008.

Along with the 2009 denial decision, the new VARO gave me 60 days to submit more arguments, a VA form 9, and to point out the facts in their SOC in which I disagree with and the error I believe they made in applying the law, matter of fact that it all started with a Wrong Diagnosis.

In regards to entitlement to sc for a cervical spine disorder this issue was also remanded by the Board due to the facts That the Examiner did not reconcile his opinion with other opinions of the record per remand by the Board, in addition to the fact the the examiner estated that there was no evidence of any cervical Dx's or other evidence of record when the BVA identified almost every piece of evidence and multiples Dx's related to the cervical condition .

I'm still waiting to hear about this issue, due to the fact that it was sent to a different VARO-VAMC for further development.

cordially,

lu12

Edited February 23, 2009 by lu12

[Berta]

I think I answered all this before-

if you are in the appeals process by all means- watch out for any time lines on responses-when you do this:

"because the RO sent me a form - 9 and in addition suggested that I can submit more argument and to state why It's that I believe that the new decision is wrong"

Did they send you a 30 day response form too?

30 days if you want them to go ahead with what they have or elect 60 days in which you will send them more?

"In addition to that and if I understand you right you mean that I can also submit a cue in regards to the recent denial"

You can ask them to CUE themselves too but I suggest you get a reps's advise and support for that first-a vet rep will have all of your paperwork-which we dont have here- and be better able to advise on that-

You can only file a CUE claim against them on an unappealed denial.

Cue claim filed by vet is always on a past unappealed decision.

Asking VA to go CUE itself (ha ha) means- asking the VA to call a clear and unmistakable error on itself -on a pending appellate issue- meaning any claim still in the claims process.

Even though they denied a claim recently , you are still involved in a pending appellate issue and they are giving you time to respond.

I know it is confusing lu12-

I dont know how to say it any better.

[Berta]

Dont forget -you only have 30 days to respond to that election form-and then to get it to them.

If they sent you one recently.

[lu12]

Back to you Berta.

I got 60 days to respond.

Berta this reply is in-regards to this topic, but also in addition to your: AMC Defies My BVA remand Topic.

You know it is not that I dint understand you, is the fact that I'm confuse and quiet exhausted. Perhaps it is difficult to explain my self nowadays. I may not make my self understand very well in English but You know my native language is Spanish, I also realize this fact, believe me, most of the time it is very difficult for me to coordinate my sought and to also make my self understand in Spanish during my daily activities. So I would like to apologies and to thank you for your time. Now after all and after so many years I Final understand that these are symptoms of Anxiety, Stress and Depression.

Please allow me to get back to your topic AMC Defies my BVA remand, by any chance and from One of your previous post " AMC is located in Huntington WV. Hope this info helps. from Marinevet" past topic under search of hadit" is this is the same building and address for the Huntington, WV VARO?

I most ask this due to the following facts:

BVA remanded my case for the second time to: VARO Huntington WV

BVA remanded my case the first time to the AMC.

What I'm trying to figure out here is if the BVA sent my case back to the AMC or to a different Regional Office.

Back to my topic, I got some other issues that those claims have not been developed for appellated review, the Board refers them to the RO for appropriate action. 2scd referral. No response yet.

Now in regard to the Psychiatric issue the Board remanded this issue back to the RO for issuance of SOC. RO sent me on Feb 10, 2009 the SOC along with a Denial Decision for an increase of the initial rating.

My point is that the AMC clearly stated that the Decisions for the Psy and Cervical Claims were final If they were final then can I ask the last RO/orthe/AMC to CUE it self, based on the fact that evidence of record was ignored, over looked and disregarded, that they granted sc based on a erroneous diagnostic code, and again failed for a "second time" to reconcile with BVA remand.

Then in my case it would be like this:

VA Examiner and AMC defied First Remand.

RO/or/AMC defied Second Remand.

In regards to the cervical spine issue: the Board remanded my appeal back to the VA examiner due to the fact that he did not reconcile with evidence and opinion of the the records in addition that the Examiner failed to reconcile with the Board instructions per Board remand. "REMAND BY THE BOARD CONFERS ON THE VETERANS, AS A MATTER OF LAW, THE RIGHT TO COMPLIANCE WITH THE REMAND. STEGALL v. WEST VET. App.268 (1998). I noded the AMC decisions in regard to this issue based on a Faulty and Flawed VA exam, NOVO Review Inquiry, CUE, EED and the fact that the Examiner did not follow BVA instructions. No response yet.

thanks,

lu12

Edited March 4, 2009 by lu12

[Berta]

"My point is that the AMC clearly stated that the Decisions for the Psy and Cervical Claims were final If they were final then can I ask the last RO/orthe/AMC to CUE it self, based on the fact that evidence of record was ignored, over looked and disregarded, that they granted sc based on a erroneous diagnostic code, and again failed for a "second time" to reconcile with BVA remand."

I need to think this over lu12- I am tired too-and the VA makes this all dliberately confusing-

That decision- did you ever appeal it at all and are ypu still within the year NOD time frame or is that all over-

Amigo-mucho Siento VA a causa d PTSD en claimants-

No este usted , no este me-

it is just this stuff is difficult for us all- and we should not have to deal with their caball0 fima (horse s--t)-they should.

I will get back to this-need to reconnoiter-

[lu12]

Thank u Berta.

I most tell you because of you, many others and Hadit I'm more positive.

I also got 2 - 90 days extensions from the Board. and In August 2009 I noded the AMC in 3 issues, all because of this site and T-bird.

My claim/appeal is under the BVA second remand. You already got my first BVA remand I will try to Scan my second remand and the last SOC.

lu12

[lu12]

Berta, It is been in front of my face for the past 3 weeks. The last VA SOC was prepared by the AMC now I'm more confident to ask the AMC to CUE them self and to NOD them again for the second time since Feb 2008.

The heading of the SOC received by Feb 14 2009 was prepared by:

Department of Veterans Affairs APPEALS MANEGEMENT CENTER

The heading on the notice letter I got on Feb 14 has the following address, DEPARTMENT OF VETERANS AFFAIRS VA REGIONAL OFFICE

640 4TH AVENUE HUNTINGTON WV 25701

HERE IS MY SECOND REMAND AND THE LAST SOC FROM THE AMC:

2009_BVA_2nd_remand.doc2009_VA_soc_NO_ID.doc

lu12

Edited March 4, 2009 by lu12