This Is Way Beyond Being Ethical.

[abean]

First off, my husband's claim in appeals is for schizophrenia. He went to 2 c&p exams last week. Over the past 2 years, we have sent in a form from him saying they need to deal with me since I'm trying to keep him stress-free as possible. We've sent this form 4 different time, even faxing it, yet they've still not "received it"

Ok, this morning, the lovely VA calls my husband to tell him that unless he submits new & material evidence, they are dropping his appeal.

I'm beyond livid that they are 1) upsetting him when they clearly know his is a mental health issue, 2) refuse to acknowledge any of the forms we've send in for me to be able to handle this instead, 3) refuse to use anything we've sent as n&m, 4)have not been helpful at all in providing us with his service medical records, and have been given the run around with his personnel records to from national archives.

Any advice, or at least calming breathing techniques would be appreciated.

[carlie]

APPOINTMENT OF INDIVIDUAL AS CLAIMANT'S REPRESENTATIVE

http://www.vba.va.gov/pubs/forms/VBA-21-22A-ARE.pdf

[Berta]

I sure would follow Carlie's advise to prepare, (keep copy of it) and mail that form ASAP.

I would also enclose a 21-4138 if I were you and refer them ,in it ,to attached new and material evidence-anything you have that was not refuted or considered by VA previously.

“have not been helpful at all in providing us with his service medical records, and have been given the run around with his personnel records to from national archives.”

Has your husband himself, with your help, contacted NARA via http://www.archives.gov/ for copies of his actual military records?

I never believe what VA says is or isn't in a SMR or personnel file unless what they say actually helps the claim.

I have a dear friend with a similiar serious mental disability and who kept forgetting to send NARA a SF 180 I gave to him.

Finally he did!

In his 201 file there was enough information for him to get his VA shrink to write a letter in support of his claim.

He went from NSC to 100 % P & T SC.

Also VA always allowed me to speak for my husband at 800# in his lifetime with his permission over the phone a;thogh I dont recall VA ever calling him but if he called for a status, he would immediately give the 800# person permission and and the phone to me.and also I intervened for one or two maybe more local VAMC vets as long as I had their permission. Either they told VA to talk to me while calling the VAMC themselves from my home or they called me from the VAMC and I was able to tie in with the patient's advocate as soon as he or she got their permission to talk to me.

I am surprised that VA even made a call like this to him as recently he had 2 C & Ps done.

I would also enclose a letter requesting copies of the C & P results and best maybe if both of you sign that letter.

“Any advice, or at least calming breathing techniques would be appreciated. “

About 2 years ago I started Yoga never really getting too serious with it.The breathing exercises are available on the net at Yoga sites.

When the VA made an extraordinary CUE in December 2011,on my claim - I found some Yoga breathing techniques helped me to calm down right away and be able to fight back aggressively without stress. I knew they had to CUE themselves.

Within 3-4 weeks they did and I got my award letter.

If I had stayed in an angry and frustrated state of mind I could not have prepared the faxes properly and then deal with VA Central by phone ( I did make quite a stink to have this situation get to VA in DC and they called me ) -demanding that they CUE themselves.

I certainly was still a little upset as this all played out but I knew I was right and their December decision was legally erroneous.

For some bizarre reason I thought when I filed this claim in 2010 that this would be the only claim I ever had that VA would get right the first time around.

Do all you can to send them ,with that form , something that is new and material evidence.

It could be something you sent in before but that they never acknowledged ,refuted, or addressed in a SOC.

As you know schizophrenia is a chronic presumptive psychosis so your husband's 201 file and SMRs could be critical to his claim.

The problem is however that it often takes a strong IMO doctor who would thoroughly review those records, to find the symptomatic evidence that would warrant the chronic presumptives regulations to kick in.

One other thing...I assume your husband gets contionuous psychiatric care from the VA or a private MH provider.

I was surprised (and my husband's VA psychiatrist was too) that much of his MH records were not in his regular VA med rec files when I reopened his pending claim for a higher PTSD rating years ago. VA denied without even seeing them so I went right over to see his former psychiatrist at the VAMC as I knew these records were critical.

After his psychiatrist gave me copies of those records and I sent them to VA, within weeks his posthumous PTSD award for100% P& T came.

Do you have complete copies of ALL of your husband's treatment records?

And does VA have them all?

Edited July 20, 2012 by Berta

[free_spirit_etc]

I am so sorry you are going through this. I don't remember how many times I had to send in my husband's death certificate. I also had to repeatedly send in Appointment of Representative forms to Social Security in my son's case. I don't know if government agencies take forms submitted for a family member to represent a claimant seriously, for some reason. Though they say you can be represented by anyone, they seem to be particularly stubborn about family members representing claimants at times.

You might want to try sending the form in and then sending an IRIS telling them you sent the form again - and re-iterate that you have sent the form already several times - and another IRIS inquiring as to whether they received it. Stay calm and cool when you communicate with them in writing. It is not the time to vent. Keep it factual and direct. Or you could send a copy of the form to your Congressperson and indicate that you have sent it to the VA several times and they continue to deny receiving it, and ask that they send it and assure the VA has a copy on file.

I am surprised that they would be notifying you that they are dropping the appeal by phone, instead of letter - especially one week after the C&P exams. When did they say you have to have new and material evidence submitted by? I apologize for being unfamiliar with your husband's claim. I am somewhat new again on this forum.

[Quaymar]

First off, my husband's claim in appeals is for schizophrenia. He went to 2 c&p exams last week. Over the past 2 years, we have sent in a form from him saying they need to deal with me since I'm trying to keep him stress-free as possible. We've sent this form 4 different time, even faxing it, yet they've still not "received it"

Ok, this morning, the lovely VA calls my husband to tell him that unless he submits new & material evidence, they are dropping his appeal.

I'm beyond livid that they are 1) upsetting him when they clearly know his is a mental health issue, 2) refuse to acknowledge any of the forms we've send in for me to be able to handle this instead, 3) refuse to use anything we've sent as n&m, 4)have not been helpful at all in providing us with his service medical records, and have been given the run around with his personnel records to from national archives.

Any advice, or at least calming breathing techniques would be appreciated.

Wow...you have already received a lot of good advice so all I can say is that my prayers are with you. I hope it works out for you and your husband!

[free_spirit_etc]

Since you are talking about submitting new and material evidence, I am assuming that you are reopening a previously denied claim. It was my understanding that the VA wouldn't even reopen a claim until new and material evidence was submitted - and that they wouldn't schedule a C&P exam until they reopened a claim.

Of course, I may be wrong...

[71M10]

Top notch advice below.

Here is my small contribution:

Not a breathing excercise but a visualization. Close your eyes(only after reading the entire instructions!)

Imagine the word CALM from an angle a big C a smaller A and even smaller L and an M that streches off into infinity.

Nice Smooth word, much better than Turmoil which is a bumpy word that has that aggressive T up front.

Thank you for standing up and standing in for your husband. Unfortunately, some veterans lose spouses/family in the stress and uncertainty that mental disabilities create.

You would think with as long as the VA has been dealing with combat vets, they would recognize some people's business should be handled by a stand-in because requiring (or trying to) them to handle the VAola they are spewing is actually harmful to them. Of course if they actually recognized this they would screw that program up by forcing representation by some Friend of the Local VARO director/management to do the representing.

Best regards,