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emptyshell

Denovo Sent And Ro Disregarded

Question

I have a remand in affect put in place by the Washington DC Board of Appeals in 2004 because the R.O. did not do their job and send me to the correct Doctors that was requested by the WBOVA.(Washington DC Board of Appeals)

Just within the last few years the Regional Office finally got around to sending me in for my Cand P exams. Iwas to be seen by a Neurologist and an Orthopedist. I was seen by a General Physician at the V.A. Hospital and they followed up with extra info they needed with an ARNP. This happened in 2008. I had my 1st C and P with a Dr. A month later I went in for Prostate surgery. I then shortly after had been called back in for another C&P exam. Still trying recover from the surgery, they had a ARNP followup on some info the RO said they needed to help them with a decision. I received the R.O.'s statement of the case later and found that the ARNP conducted some tests which were never done. The ARNP also stated I did better in all my exams than previous from what the initial Dr. had reported, even though I still healing from Prostate surgery. I do not believe that the ARNP was aware I was healing from the surgery. Shortly after I received that statement of the case I filed a letter of Disagreement to the Regional Office. They also were instructed to send me to a C&P exam for PTSD ehich they did in May 2009. I received that exam at the VA Hospital by their own Mental c&P examiner. I went through numerous testing. I read the examiners findings and was favorable to my claim. I received a statement of the case on this issue on Nov 2009. The R.O. disregarded my PTSD and downgraded my issue to a "mood Disorder" It was going to go befroe the Washington DC Board of Appeals and I chose to file a De-Novo form 4138 due to the R.O. because they had not followed the orders that were put in place by the Washington DC Board of Appeals. I went to my local V.A. Representative and we did up the DeNovo along with a letter from him signed and dated. He assured me that they had to stop the actions in sending statement of the case and relook at what I was giving them as evidence. Well I just got a letter from the Washington Board of Appeals. I did not want this sent until the R.O. rexamined my complaints on the handling of this case. Now they are trying to push this through because these issues go back to 1994. They want to just pay me a little that goes back to 1994 instead of looking at all the issues that would cost them some monies to have to entitle me that far back. I am afraid that the WBOVA will just look at R.O. 's statement of the case(which is bogus) and not even look at the evidence I had supplied to the R.O. regarding my claim. Can the R.O. send off their statement of the case after I appealed and Denoved it?

How can I be sure that the Washington Board of Appeals are even getting the denovo and the complaints and dissagreements I have been sending the R.O? How can I let Washington know of this at this time before they try and push through a final decision? They remanded my case due to C&P examinations that the R.O said I never went to. Though I proved I had gone to these appointments. I was told by the clinic I had no right to see the C&P exams due to the VA paying for my appointment. I had to wait till they came up in my c-file. The R.O. said they never received C&P exams though the clinic shows they were sent to them more than once.Strange how that happens>>>>

They are screwing with me and I do not have anyone to talk to...all the phone numbers are people looking at a computer and can't tell you nothing about what is happening in your case. They are untouchable and I feel they are just trying to bury my case and have no one out there with answer..so I am asking anyone out there that can help me please..I am getting older my health is getting worse I have a wife and disabled son who need depend on me. Thanks

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5 answers to this question

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You can get 100% for a mood disorder just as easy as PTSD if it is service connected.

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The RO statement of the case is trying to say that my mood disorder was preexisting but they conseed that it may have been aggravated therefore granting a 20% service connection. They have no evidence of a prior mood disorder. My evidence all can show in service stressors that caused my PTSD. I have letters from my family members that kept them that shows how my demeaner changed as well as my co. commander and 1st Lt. as well as a C haplin. Also a counselor which all these service evidence is in my file an has been overlooked by my RO. I submitted letters my Mom and Grandma kept because they felt that there was something going on with me while I was in the military. I also submitted a letter that an Army buddy had wrote stating that there was a definite change in my mental state while in the military. I have submitted all this info to the RO and wonder if they are going to submit it to Washington BOA because they have never referenced any of these statements ever. My exam for PTSD was fairly favorable from the VA examiner...quite shocking was not thinking someone would care to help.

You can get 100% for a mood disorder just as easy as PTSD if it is service connected.

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"I have submitted all this info to the RO and wonder if they are going to submit it to Washington BOA because they have never referenced any of these statements ever. My exam for PTSD was fairly favorable from the VA examiner...quite shocking was not thinking someone would care to help."

The VA will only award for one Mental Health issue.They award for the MH issue that seems to be the primary one.

Or they can award for PTSD with MDD contributing but it is still only one disorder.

If the rating was too low in your opinion then yo can appeal that with additional medical evidence.

The rating they give is never dependent on how bad the stressors were.

When I had a cvase at the BVA I wiondered too if the VARO wold send them all of the evidence for my claim that they had successfully ignored for almost 7 years.

But why wonder- I copied it all and sent it all to the BVA as well.

Can you tell us the Docket number and Citation number for the BVA remand?

Can you scan and attach here (cover personal stuff) their reasons and basis for their recent decision?

"My evidence all can show in service stressors that caused my PTSD."

Was there any attempt to verify your stressors at JSRRC by the VARO?

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Thanks for your input Berta....I went into the local VA Rep office this morning. They are telling me it is probably a good thing the case has been sent to WABOVA. I am will send all my additional evidence to them(WABOVA) cause I doubt they got my evidence through the R.O. The rep. said its not the only time he's seen the R.O. blow off a Denovo. I feel I have a good argument due to the remands that the were set in place by the WABOVA in both 1998 and in 2004 that I am allowed to have a Neurologist and a Orhopedist examine me. In 2001 I was sent to an C&P exam which was at another facility than the VA Hospital and tnon-VA DR.s. But those exams just come up missing. They say they never received them. They also had a nurse who examined me in 2002. The Nurse worked for a Orthopedeist. The Nurse examined me at great length. The Orthopedist looked over the results and signed off as agreeing with her findings. Later they dismissed those exams because she was not a qualified Dr. They turn around and send me back for another C&P exam a year a half ago to the VA Hospital to see a general Physician and later when they did not get what they wanted...they sent me back to an ARNP notorious to be their "TrumpCard" in dismissing any claims I had. I heard this from other people that has gone in to the VA Hospital. In my statemtn of the case..they ignored what the physician commented on and just tried to use the ARNP's personal observations. ARNP stated I got up on a examining table and performed leg raises. I never got on the table and did such a thing. Would have been too difficult for me to perform due to just going through Prostate surgery. My wife came in to the exam and she can testify that never happened. I do not know if this will help though..but its worth including a statement.

Regarding my PTSD, my C&P examiner gave me a favorable statement. But they tried everything to not comment on that c&P exam but go back and find anything else they could find to disregard that issue. I want the WABOVA to not hurry my case, but to really examine it. So I hope I have enough stuff to dig up to prove they have been neglegent in all their handling of the case. I have not got a docket number as of yet. Just a formal letter that WABOVA has recieved the statement of the case from the RO and will try and expedite my case. II will fight them tooth and nail till the end..I will not give up my fight with them..I have too much depending on me to stop now...

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"But those exams just come up missing. They say they never received them."

They could have been favorable to your claim.

When I requested copy of my C file a few years ago -All the stuff they told me was missing or non existent during the adjudication of my past claims-was right there in the C file.

One of these documents -a 6 page VA Peer Review of 1995 -that was critical to and completely favorable to my FTCA case -I was told by VA had Never existed.

I used it last week for my new claim.

"Regarding my PTSD, my C&P examiner gave me a favorable statement. But they tried everything to not comment on that c&P exam but go back and find anything else they could find to disregard that issue"

Did they deny the PTSD issue?

Can you tell us exactly what they said to deny?

I agree with you and commend you on your patience.

I have been trying to find a status on my CUE claim (no response from IRIS in weeks) and at first they said it had been re assigned and sent to Phila Pension department (it does not involve a pension)but another 800 rep said it is being sent to the BVA.

I hope he was right.My VARO has never read my evidence for any of my claims. The BVA can read.

I sent the BVA a cover letter that listed all of my evidence along with copies of the evidence too.

I testified to the Sub Committee on Disability (H VAC) that I had (and enclosed a copy of them)

53 USPS proof of mailing tracking slips of evidence in the 6 years at that time-that I had sent to the Buffalo VARO and they either had lost it all or destroyed it.

I even filed a SF 95 stating the VA owed me over 4 thousand bucks because they had lost or destroyed 3 IMOs that were critical to my claim and I had suffered monetary damages because of that.

I didn't want the cash back-however-I told the Regional counsel VA I wanted him to check my C file and prove me wrong but I couldn't get him to do that.

It was all documented however in my C file.

I made sure the BVA had those IMOs and the BVA gave them all significant weight and awarded on all of my evidence.

Edited by Berta

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