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.

[abean]

Thanks for all the replies, they are greatly appreciated. Had to take a breather for a bit so left work early and spent time w/ the family.

The form that Carlie posted is the form we've sent in 4 times. I still have plenty of copies so I guess I'll just waste more money on certified mail. Supposedly they've done 2 inquiries but ended up finding nothing both times.

We've requested personnel file from national archives, but they are giving us the run around. They've directed us to a phone # in DC, and they in turn direct us back to st louis, but we know for a FACT there are behavioral write ups in there that the C&p psych dr told us could be seen as starters for his condition.

We've also requested his complete smrs from VA since they aren't all in his c-file.

After his last C&p on the 12th, he signed a release form at the va medical place for them to send us copy of results.

The reason he was sent for c&p was because I was trying to cover my bases and filed a TDIU form so when he is sc'd, they won't try to get away w/ lowballing him. VA lady told him today that they won't even consider the c&p psych exam dr's write up as new and material because it's for the TDIU and not appeal for sc for schizophrenia---which is the cause of the TDIU.

Regardless, they've angered the wrong spouse. Once we finally do get his smrs, I'm filing on EVERYTHING! He's a GW1 vet that has smrs on some of the GW presumptives. He's 0% for a scar on his nose that was caused by a rash that was not deemed sc. Go figure. (he's had claims in past, but they weren't persued after his mental state became to bad. We had to get him fully stable before we even thought about reopening claims)

[soundtweak]

1. Definitely retain a Service Officer. I used the DAV, but have been told the VFW is more dilligent. You may be able to request a lawyer now that VA laws have been revised. Go to http://www.vetadvocates.org and get someone who is a NOVA(National Organization of Veterans' Advocates) member and is admitted to CAVC(U.S. Court of Appeals for Veterans Claims).

2. Always send documents Certified Mail with Signature Confirmation, after you have made copies for your records.

3.You can always go to the ROIF(Release of Infromation) desk at your local VA Med Center for documentation on all visits and doctors records on your husband(you can have them print them out while you are there).

4. Don't overload the claims process by filing multiple claims for various conditions. This will only make the process longer than it already is.

5. Get independent medical reviews from a doctor outside of the VA and use as New and Material Evidence.

6. As upset and mad as the system can make you, always be courteous with your VA contact(which is why it is better to get a lawyer to represent you).

7. Never give up on your claim if there is no doubt that you can proove actual service connection.

8. Good Luck!

[free_spirit_etc]

The form that Carlie posted is the form we've sent in 4 times. I still have plenty of copies so I guess I'll just waste more money on certified mail. Supposedly they've done 2 inquiries but ended up finding nothing both times.

I would send another copy by certified mail, send an IRIS letting them know you are sending them another copy, let them know the certified mail receipt number - send another IRIS when you see it has been delivered and let them know the postal records show it has been delivered and ask to confirm that it is now associated with his claims file.

(When you get his C-file, don't be surprised if ALL the copies you have sent are in there)

We've requested personnel file from national archives, but they are giving us the run around. They've directed us to a phone # in DC, and they in turn direct us back to st louis, but we know for a FACT there are behavioral write ups in there that the C&p psych dr told us could be seen as starters for his condition.

You may run into problems getting some of his psych records. That is why it is important that the VA knows they can give them to you, as his representative.

When my husband went to the VA hospital to get all of his records (which were basically his C&P exams) - we thought he was missing a couple. He asked "Is this ALL my records?" They indicated there was a psych C&P but they don't generally give them to the veteran, because there might be something in them that would be upsetting to them. ???? My husband never filed for any psych benefits - but they did a psych C&P when he filed for fatigue. He told him that he wanted a copy - but they had to read it first to make sure there was nothing in there they thought might upset him before they gave it to him.

Apparently they have procedures in place to "protect" people with psychiatric conditions from their own medical records if they think getting the record might "harm" them. You would think the procedures would include at least informing the person that there is such a record and letting them know the procedures for obtaining it. (They can give the record to a representative.) But in my husband's case - they just didn't even bother to give it to him or tell him it existed until he asked for it. So you might be running into something like that - where they don't send the records and don't bother telling you that they didn't send them.

We've also requested his complete smrs from VA since they aren't all in his c-file.

After his last C&p on the 12th, he signed a release form at the va medical place for them to send us copy of results.

You might want to drop by and pick up a copy. If the C&P doctor told you there are behavioral write ups in your husband's SMRs that can be seen as starters for his condition - then the C&P might be very favorable for the SC claim.

The reason he was sent for c&p was because I was trying to cover my bases and filed a TDIU form so when he is sc'd, they won't try to get away w/ lowballing him. VA lady told him today that they won't even consider the c&p psych exam dr's write up as new and material because it's for the TDIU and not appeal for sc for schizophrenia---which is the cause of the TDIU.

This doesn't even make logical sense. Evidence of record is evidence of record. The VA is supposed to consider all claims that are reasonably raised by the record. It doesn't make any sense that they wouldn't consider a psych report that is of record.

Is there any more new an material evidence you can send? Just to kind of play their game? I think you can appeal a decision that you didn't send new and material evidence to open the claim - but that takes time. It still doesn't make sense that they would send him for a C&P and then tell you the next week that they are closing his claim. The schizophrenia claim and the TDIU claim are somewhat intertwined.

You might also want to send an IRIS or write a letter asking the VA to clarify why they won't accept the most recent C&P report as new and material. I could see them not sending your husband for a C&P unless you sent new and material evidence to reopen the claim. But once they have already sent him for the C&P, I can't see them refusing to consider it as evidence.

Regardless, they've angered the wrong spouse. Once we finally do get his smrs, I'm filing on EVERYTHING! He's a GW1 vet that has smrs on some of the GW presumptives. He's 0% for a scar on his nose that was caused by a rash that was not deemed sc. Go figure. (he's had claims in past, but they weren't persued after his mental state became to bad. We had to get him fully stable before we even thought about reopening claims)

[Pete53]

The VA is only consistent in the fact that they are inconsistent. The VA is not really your friend consider them and adversary and protect your claim the best that you can.