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Vcaa Notice


Josephine
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  • HadIt.com Elder

I am pretty sure that I have a VCAA notice, but it is not filled in.

Under the section:

WE HAVE RECEIVED THE FOLLOWING:

The Board of Veterans' Appeals Remand dated April 10, 2006

No evidence to date to support this claim has been received to date.

I have called The Management Center about this no evidence to support the claim to date -

The Mangement Center states- " We must have typed and mailed this VCAA Notice before we received your remand.

I keep asking them do they not have any information on me

Are my private medical records from 1965 to date, which were in my claims file at the BVA evidence and do they have those records?

I keep asking them if they have the medical records from specific doctors and some one always says, I am sure that we received these with the claims file from the BVA.

Shouldn't they know by now what they have.

I have asked and so has my rep for what they have to be placed in writing, but I am getting no where.

Is my first C&P more likely than not evidence?

I am almost 5 months at the Management Center and don't know a thing that is going on.

The VCAA notice also states they will give a completion date, but there is nothing in this either.

Need help of all

Thanks,

Josephine

Edited by Josephine
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The AMC should have specifically stated the evidence you need to send them to process your claim-

if they are not reacting to what you already sent, unfortunately (I have done this dozens of times)

resend it

Josephine they denied for reasons in your Reasons and Basis in the last SOC or decision you got- they cannot alter what they denied on-regarding the same claim-

they want you to provide evidence to show them their denial was wrong.Evidence either they got and ignored

or material new evidence that supports your claim.

Whatever you have that they have never addressed before due to ignoring it or not having it-

that supports your position as to the Reasons and Bases they denied on-that is what they want-

Your remand is not at the BVA yet- as far as I know- do you have a docket number for it-it is public info- no names, no c file number-

Whatever the BVA remanded them to do or told them to tell you to do in the VCAA Notice-this is the evidence they want.

I am sorry but if you have to resend it all - do that because - if I didnt send them some of my stuff over and over again I would not have succeeded at all in my last claims.

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  • HadIt.com Elder
The AMC should have specifically stated the evidence you need to send them to process your claim-

if they are not reacting to what you already sent, unfortunately (I have done this dozens of times)

resend it

Josephine they denied for reasons in your Reasons and Basis in the last SOC or decision you got- they cannot alter what they denied on-regarding the same claim-

they want you to provide evidence to show them their denial was wrong.Evidence either they got and ignored

or material new evidence that supports your claim.

Whatever you have that they have never addressed before due to ignoring it or not having it-

that supports your position as to the Reasons and Bases they denied on-that is what they want-

Your remand is not at the BVA yet- as far as I know- do you have a docket number for it-it is public info- no names, no c file number-

Whatever the BVA remanded them to do or told them to tell you to do in the VCAA Notice-this is the evidence they want.

I am sorry but if you have to resend it all - do that because - if I didnt send them some of my stuff over and over again I would not have succeeded at all in my last claims.

Edited by Josephine
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  • HadIt.com Elder

Berta,

I sent you the remand docket number, but no problem I will resend. I deleted it for I didn't want evry0one to know what the doctors in service did to me.

You ask about Doris. I was just as much concerned for my life as Doris.

There is no mention of the abuse that I suffered at my last duty station by the physicians.

thanks,

Josephine

Edited by Josephine
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I forgot-sorry -have you been able to obtain what they wanted in the Remand?

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  • HadIt.com Elder
I forgot-sorry -have you been able to obtain what they wanted in the Remand?
Edited by Josephine
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  • HadIt.com Elder
Berta,

That certainly is not a problem. Yes, I answered all the paragraphs and the item numbers.

I deleted my docket number earlier, a little new to all of this, and it is difficult for me to say what all happened to me in service.

I took much more abuse in service from two of the doctors at my duty station, but the fear of death was more than I could handle.

My hands perspire terribly ever since being on that high dive so much and looking down into that deep water.

I used to be a great piano player, before service, that is where my pastor comes in at. I have not been able to play since, as my fingers slip right off the keys and I do attribute this to fear of the Navy way of life.

At least my experience of Navy Live.

As you remember, I didn't understand when the BVA speaks of records never seen by the Va before, why don't they state that they are all of my psychiatric records and a letter from my commanding officer, explaining what happened to me in service.

As for the Board, only one of the doctors signed that report, the one refused.

She gave me a personality only by means of changing all of my medical records to suit the personality that she wanted me to have.

I sure wish that my claims file was not a sensitive 6, as it makes it very difficult to find anyone to talk to about my claim.

Only few can open it.

Thanks bunches!!

Josephine

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The AMC should have specifically stated the evidence you need to send them to process your claim-

if they are not reacting to what you already sent, unfortunately (I have done this dozens of times)

resend it

Josephine they denied for reasons in your Reasons and Basis in the last SOC or decision you got- they cannot alter what they denied on-regarding the same claim-

they want you to provide evidence to show them their denial was wrong.Evidence either they got and ignored

or material new evidence that supports your claim.

Whatever you have that they have never addressed before due to ignoring it or not having it-

that supports your position as to the Reasons and Bases they denied on-that is what they want-

Your remand is not at the BVA yet- as far as I know- do you have a docket number for it-it is public info- no names, no c file number-

Whatever the BVA remanded them to do or told them to tell you to do in the VCAA Notice-this is the evidence they want.

I am sorry but if you have to resend it all - do that because - if I didnt send them some of my stuff over and over again I would not have succeeded at all in my last claims.

Berta,

What law, regs deal with this?

I just had it happen to me.

The recent reason is different from 2004.

I called and asked a AL SO, and was told that as long as it's for a reasonable reason they could do that.

I didn't think that sounded right otherwise they can keep stringing it out, and never let you get out of RO, and onto BVA.

BoonDoc

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"What law, regs deal with this"

If you meant the VCAA -it is in 38 CFR and M21-1

If a claim does not appear to have any possibility of substantiation (that would be less then 99% of all claims) the VARO does not have to send a VCAA Notice- I am not sure if that is what you meant.

The rest are supposed to get proper VCAA Notice before any denial.

The VCAA and the regs can be found in 38 CFR.

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Josephine- I read the Remand carefully-

1.It appears that although you sent in additional service records, the BVA says further search is needed for additional service information regarding your early out and the treatments for anxiety in service- due to inservice events- they focus on the drowning incident as sole stressor.

2.They request date and place of the drowning which you described to letter to President Bush.

Since this was during training there should be record of it and they need date and place.

3. They have disregarded Dr. Kibbe's opinions it contains no opinion on any nexus to service.

4.Although a Dr. P had numerous private treatments records, these records-per the BVA do not reflect "any references whatsoever to military service or events which the veteran asserts occurred therein."

5. they state that 2 VA psychiatrists found no record on "ongoing anxiety or nervousness documented during active service."

6.Although Dr. P disputed the diagnosis of personality disorder , it appears he offered no rationale for his diagnosis of anxiety nor any opinion on any link to service.

7.Dr. B.C.C. 'recalled' treatment and medication for anxiety with no opined link to service.

8.Reverend B.O.B relayed a "near drowning" incident but not the specific drowning incident of the service woman, "Doris".

The VA wants counselling records from the Reverend. or at least something more significant as to

the inservice incidents ralayed at the time of counselling.

If Dr. B.C. C. and Dr. P have any records whatsoever that reflect that service events you relayed to them caused your anxiety, this would help your claim significantly.

Do you have your complete personnel file from service- it does not come with a SMR request-unless the vet specifies this too on the SF 180?

The VA needs proof of the drowning and also proof of any other inservice event that caused anxiety.

What they are saying is that the service reords they have do not show any documentation of anxiety or treatment of it during service.

Dr P's opinion- as they infer-would have more merit if Dr. P "would provide the basis for his opinion linking the onset of the veteran's psychiatric disability to service and whether he has any specialized training or expertise in the field of psychiatric illness." Otherwise his opinion has no merit because Dr P 's records show treatment of you yet no mention of treatment for anxiety due to any service occurence.

The BVA also asks the VA to attempt to find anything to show the existence of claim that you filed in 1978.

These are big hills to overcome- but the Remand ,dated April 26, 2006 and the subsequent VCAA letter from AMC should state basically the same things they are looking for.

Have you been able-since April 2006, to find any evidence at all of what the VA needs as described within the remand?

I have not had time to read all of your recent posts here-

and you might have mentioned that you have obtained much evidence they need-

I just focused on the Remand and what the BVA said you need in order to succeed.

Edited by Berta
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  • HadIt.com Elder
Josephine- I read the Remand carefully-

1.It appears that although you sent in additional service records, the BVA says further search is needed for additional service information regarding your early out and the treatments for anxiety in service- due to inservice events- they focus on the drowning incident as sole stressor.

2.They request date and place of the drowning which you described to letter to President Bush.

Since this was during training there should be record of it and they need date and place.

3. They have disregarded Dr. Kibbe's opinions it contains no opinion on any nexus to service.

4.Although a Dr. P had numerous private treatments records, these records-per the BVA do not reflect "any references whatsoever to military service or events which the veteran asserts occurred therein."

5. they state that 2 VA psychiatrists found no record on "ongoing anxiety or nervousness documented during active service."

6.Although Dr. P disputed the diagnosis of personality disorder , it appears he offered no rationale for his diagnosis of anxiety nor any opinion on any link to service.

7.Dr. B.C.C. 'recalled' treatment and medication for anxiety with no opined link to service.

8.Reverend B.O.B relayed a "near drowning" incident but not the specific drowning incident of the service woman, "Doris".

The VA wants counselling records from the Reverend. or at least something more significant as to

the inservice incidents ralayed at the time of counselling.

If Dr. B.C. C. and Dr. P have any records whatsoever that reflect that service events you relayed to them caused your anxiety, this would help your claim significantly.

Do you have your complete personnel file from service- it does not come with a SMR request-unless the vet specifies this too on the SF 180?

The VA needs proof of the drowning and also proof of any other inservice event that caused anxiety.

What they are saying is that the service reords they have do not show any documentation of anxiety or treatment of it during service.

Dr P's opinion- as they infer-would have more merit if Dr. P "would provide the basis for his opinion linking the onset of the veteran's psychiatric disability to service and whether he has any specialized training or expertise in the field of psychiatric illness." Otherwise his opinion has no merit because Dr P 's records show treatment of you yet no mention of treatment for anxiety due to any service occurence.

The BVA also asks the VA to attempt to find anything to show the existence of claim that you filed in 1978.

These are big hills to overcome- but the Remand ,dated April 26, 2006 and the subsequent VCAA letter from AMC should state basically the same things they are looking for.

Have you been able-since April 2006, to find any evidence at all of what the VA needs as described within the remand?

I have not had time to read all of your recent posts here-

and you might have mentioned that you have obtained much evidence they need-

I just focused on the Remand and what the BVA said you need in order to succeed.

Edited by Josephine
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  • HadIt.com Elder
Berta,

I am filing for an Acquired Psychiatric Disorder, I am not filing in any way for PTSD.

When I re-opened this can of worms, I made it clear to the BVA, that all I cared about was being heard.

I have tried to tell my story for 42 years and now I have the chance.

The BVa and The Management Center may consider the drowning or possible drowing of Doris as my sole stessor, but I don't.

I know that Doris and I were constantly taken our of class to go back to that pool. I know that we were both forced to constantely jump off that high dive into that deep water and neither one of us could swim and were never given swimming lessons.

The last time I saw Doris, she was lying on the right side of the pool, not breathing and I was told to leave.

I never saw Doris again.

To me, my Stressor is my constant jump from that high dive into that water and being forced to do something that I Knew that I couldn't do. It was do or be pushed. This was not a one time thing either. I faced death with that dern water so many times, strangled on water, couldn't see for they took my glasses.

I was in that plympic pool constantly until they finally decided to show me how to float and screamed at me the whole time.

If they do not wish to recognize that a doctor jerked me by the neck until I wet all over myself. It won't be because I didn't tell the psychiatrist. it will be because he wrote down I was dis-satified with the working conditions and living in the barracks, because of the coat hanger abortions and the slashing of wrist.

Dr. C was my safe haven, as I could baby-sit for him and his wife on weekends, spend the night and then they would take me back to the barracks.

I went to Dr C. when he placed me on librium for my nerves and caffergot for headaches and asked him to help me to get an early discharge.

This he did, it is written within the Psychiatric Records, mentioned as evidence never seen before by the Va.

Dr. C just didn't happen to recall that he gave me Librium, I sent him his medical records and the records of the Psychiatrist that he referred me to, which did lead to my discharge, but those phychiatric records are marked for treatment.

The other paper is a letter from the Commanding Officer stating that I vented my mouth off to anyone that would listen that I felt that the Psychiatrist would not listen to me or help me. He is correct on this. They refused to write it down. He mentioned the foul mouth people in the barracks.

Dr. P with his first letter just opened the door for me. No, he makes no mention of service in any of my medical records. He used the deduction, if I had never taken medication for my nerves before service and took them in service and medication for a headache and began private treatment for anxiety in 1967, no pills due to pregnancy- it is plausible that my problem began in service.

Why would a veteran take two coded drugs in service, dispensed by a medical doctor, if they were not having a problem?

Those two psychiatrist are liars, only one, as the other one refused to sign the papers and I shall prove her this with my own private medical records.

Dr. C only wrote the letter as he knew that he dispensed the medication in service and referred me to the two psychaitrist to see if he was on the right treatment for me.

I couldn't have stayed in service anyway, if I had to take coded drugs to stay there.

I think that The Management Center will be giving me another C&P and I shall do as Hopppy said, take all of my 42 years of medical records. 3 letters by Dr. P , 3 letters by my Pastor. my buddy letter, which is not mentioned and the letter by Dr. C. Letters by friends and let the doctor reason out why I was taking these drugs in service and why I have been since 1967.

Thanks bunches!!!

Josephine

Edited by Josephine
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I apologise Josephine- I always have PTSD on my mind---

( now that is a revealing self diagnosis isn't it)

http://www.va.gov/vetapp06/files3/0611220.txt

Regardless there are many like above claims for this at the BVA-

and the veteran still needs medical diagnosis and nexus to service-

This claim on remand is looking for nexus in the veteran's inservice treatment records for nexus causing aquired psychiatric disorder.

http://www.va.gov/vetapp06/files3/0610258.txt

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  • HadIt.com Elder
I apologise Josephine- I always have PTSD on my mind---

( now that is a revealing self diagnosis isn't it)

http://www.va.gov/vetapp06/files3/0611220.txt

Regardless there are many like above claims for this at the BVA-

and the veteran still needs medical diagnosis and nexus to service-

This claim on remand is looking for nexus in the veteran's inservice treatment records for nexus causing aquired psychiatric disorder.

http://www.va.gov/vetapp06/files3/0610258.txt

Edited by Josephine
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This thread is over 365 days old and has been closed.

Please post your question as a New Topic by clicking this link and choosing which forum to post in.

For almost everything you are going to want to post in VA Claims Research.

If this is your first time posting. Take a moment and read our Guidelines. It will inform you of what is and isn't acceptable and tips on getting your questions answered. 

 

Remember, everyone who comes here is a volunteer. At one point, they went to the forums looking for information. They liked it here and decided to stay and help other veterans. They share their personal experience, providing links to the law and reference materials and support because working on your claim can be exhausting and beyond frustrating. 

 

This thread may still provide value to you and is worth at least skimming through the responses to see if any of them answer your question. Knowledge Is Power, and there is a lot of knowledge in older threads.

 

 

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