Bva Remand C&p Sent Back To Medical Center

[Josephine]

In most case the Rating officials that overturn a good C@P examination often lose at the BVA. I believe a Good C@P exam puts claims in relative equipoise and should give the benefit of doubt to the Veteran.

My first C&P was by a PHD Psychologist with a More Likely than Not Anxiety began in service.

My file was transferred to another Regional Office, when the C&P results came in, as my niece is a DRO at that R.O.

She had always told me that she had signed off when I was in the rating board. Not true.

5 months after I was transferred to another R.O for rating. I was send before a Board of Two Psychiatrist, Male and Female.

The C&P was full of lies and slanderous accusations, none to be backed up by any of my Private or Military records. She committed fraud with the intent to deceive.

I will if I have to, turn her in to the Virginia Board Of License.

The male Psychiatrist would not sign the C&P.

Their determination nothing bothered her in service.

The C&P was so full of lies that I sent a rebuttal to the R.O and the Medical Center and requested a new C&P.

I did not receive one.

8 months later, I received by denial.

We place our weight with the Psychiatrist, because they are Psychiatrist.

I had received my Statement of the Case before I received my first C&P with a form 9 to turn in. I did this.

With the form 9 being at the BVA months before my denial, when I received the denial, my time at the BVA was only a couple of months.

I made sure that everyone knew about the legalities of my claim and the slanderous lies written in the C&P and drew a child proof map for the BVA to locate the lies. From Military to Private medical records, to compare with what she had typed.

The remand states -

After the above development has been completed, the veteran's claims file

should returned to the board of VA psychiatrists who participated in the

April 2005 examination for clarification of the provided opinion. They should be

requested to review the record and reconcile their opinion as to etiology in

light of the evidence added since their examination of the veteran, including the

May 2005 statement of Dr. B C. C and the January 2006 statement of

Dr. M P.

The Mangement Center also had the choice to send me for another examination, but they have chosen the fair route.

I fill this is victory for me.

Now my file is back at The Medical Center on the desk of the Male Psychiatrist. He has had it since Tuesday.

I was told by the BVA that my examination is the first one to be send back to the Psychiatrist to explain why they did what they did in 25 years.

I know that he refused to sign it the first time, what can I expect from him this time? Will I be allowed to pick up a copy of his write- up at the Medical Center.

I will not allow that lady psychiatrist tell me that the medical records state that I have 3 children, but that I claim to have only 2. That is a dern lie. I have two daughters and my medical records state this.

Eating disorder is severe diabetic.

Self - Inflicted wounds- never.

I know that the board has disagreed with my doctor of 29 years being a Board Certified Internist, but he knows me better than they do in their 45 minutes.

I will not let that lady lie about me and my character.

The BVA wants to know" What was the reason for her early discharge of 13 months"? I was taking Librium for my nerves and Caffergot for headaches.

I have a letter from the commanding Officer that only states Unsuitability ( No reason).

I know that I filed in 1978 and again in 2002 and received a pension of being 100% disabled as of 1983. The Va never secured my Psychiatric Records from the Archives, I did this myself in 2004.

My DD214 Code 460

Does it appear that my claim is finally getting on the right track?

Thanks,

Josephine

Edited October 14, 2006 by Josephine

[Guest jstacy]

Josephine I wonder if a Federal tort claim for slander can be filed in your case. You may want to check with an attorney.

[Josephine]

John,

I received my official letter today.

This is what it says.

Dear----

We are writing in connection with the claim that was remanded by the Board of Veterans Appeals on April 10, 2006, however we need additional information or evidence.

WHAT WE HAVE DONE?

We asked the VA medical facility who conducted your August 2005 examination ( actually the date of the exam was April 12, 2005), Hope that this doesn't matter? to review and make a new medical opinion in your appeal. They may contact you to report for a new exam. This exam is very important. If they ask you to report and you fail to attend the exam, we may have to deny your claim, or you might be paid less than you otherwise would. If you can't report for the examination as scheduled, contact the medical facility and arrange a more convenient place or time. This letter will give you the phone number to call.

HOW CAN YOU CONTACT US?

John,

What is a Federal Tort claim?

If you can't report for the examination as scheduled, contact the medical facility and arrange a more convenient place or time.

When have they ever cared about me?

Josephine

[Guest jstacy]

It is a request to sue them for slander.

[BoonDoc]

Josephine,

Have you ever filed for the headaches that you had/have?

[Josephine]

Boondoc,

Yes, I have. I filed in 1978 for Anxiety, Depression and Heachaches, again in 2002 and they are included with the list of illnesses awarding me my pension of 100% Total Disability of 1983, but to date no one has acknowledged them.

With my first SC, In my NOD, I mention that no one has addressed the headaches.

Each filing it has been worded, Anxiety with Depression and Headaches.

The Dro changed this to "Acquired Chronic Pshchiatric Disorder."

The BVA addresses " Acquired Pshciatric Disorder to include Anxiety and Depression."

With my form 9 to the BVA, I stated that no one has ever addressed Headaches, for which I was also filing.

I mentioned this to the Appeals Management Center and they always state, we are addressing this, as it is understood, it is a part of anxiety.

If I should go for another C&P as stated in the letter which I received yesterday, I will bring this out again.

The only way that headaches are listed is in Axis 3 or 4, not sure one it is, with my other illnesses as hypertension, diabetes, etc.

If you have any ideal of anyway that I can get this across to them better than I , Please do let me know.

always,

Josephine

Edited October 15, 2006 by Josephine