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Why Doesn't The Amc Have To Follow Bva Remand?


Josephine

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  • HadIt.com Elder

Why doesn't the AMC have to follow the guidelines of the Remand by the BVA?

Remand

7. 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.

If neither of these examiners is available, ( They are both employed by the Medical Center and are free to do this, as I checked with the medical center). the RO should consider whether the veteran should be scheduled for an additional examination by a board of two VA psychiatrists for an opinion as to whether there is at least a 50 percent probability or greater that an acquired psychiatric disorder was incurred in or aggravated by active service. All indicated tests and studies are to be performed. Prior to the examination, the claims folder must be made available for review of the case. A notation to the effect that this record review took place should be included in the report. Opinions should be provided based on the

results of examination, a review of the medical evidence of record, and sound medical principles. All examination findings, along with the complete rationale for all opinions expressed, should be set forth in the examination report.

Why is the R.O involved with my claim, since it is at the BVA?

This is the letter that I received from the AMC

October 6, 2006

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 April 2005 examination 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.

HOW CAN YOU CONTACT US

This letter will give you the phone number to call.

Why doesn't the AMC have to follow this remand? I called the Medical Center and they are both still employed and are free to do this.

Thanks,

Josephine

Edited by Josephine (see edit history)
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  • HadIt.com Elder

Josephine,

It sounds to me like they are following the BVA remand.

The BVA wants another/more psych opinion, or, at least, an opinion that both docs can agree upon.

The AMC isn't capable of doing this, as far as I know. Besides, the BVA specified that the RO take care of the arrangement of the exams/opinions.

As for why the RO is involved. The fact that it is a "remand" means that it is sent back for further development before the BVA can make a further ruling. It means that there is something "missing" or needed before the BVA can complete their job. So, it is remanded back to the RO for them to take care of what they, the BVA, needs. The AMC is often capable of taking care of stuff, like requesting additional medical revue of your SMRs or other medical exams/records. But, I don't think that they are set up to make physician appointments for you, locally, at your VAMC.

I think............?

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  • HadIt.com Elder

Larry,

I sent a letter to the BVA to waiver all rights of the R.O having anything to do with my claim. They cannot touch it. The BVA is to handle my claim only.

The Board of two Psychiatrist were to reconcile their differences, as to why one would not sign the C&P and give a rationle as to the decision that they made.

When I went into this appeals I was given one C&P and was given a More Likely than Not.

Within 5 months the R.O sent me to this dumb board of two Psychiastrist who ruled, nothing bothered me in service.

It was my understanding, since the lady psychiatrist changed all of my military and private medical records to sound good, the BVA wanted an explanation of why?

I understood the Remand to state that the claims file was to go back to them if they were available and they are.

This was the next step in the remand

7. 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.

Yes, the AMC does set up the appointments for you at your local Medical Center.

Thanks Josephine

Edited by Josephine (see edit history)
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  • HadIt.com Elder

That being the case, then I am sure that the AMC has your file and will be working it up from there.

Have ya called them and checked with them.

Talk to Ernest or Pearl in the AMC, if you can get them on the line. But, regardless, check with AMC.

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  • HadIt.com Elder

larry,

Thanks for putting up with this worry wart. I am so sick and tired of the Veterans trying to say that black is white, when we both can see that it is black.

I don't believe that there is much more that I can add to the same old story that I have been telling them for years.

My niece is a DRO, where my claims file was. When she signed off, my file was transferred to another state.

Of course, I received the form 9 with a statement of the case, before I received my first C&P.

When the first Va. Doctor ruled More likely than not, out the door, they sent me.

5 months later, I meet with those two shrinks. She was a quack and a half.

Had I been crazy, I wouldn't have known that!

The BVA and The AMC has been telling all along that my file was going back to the two shrinks to come to some agreement on my claim.

Who knows. that may have been just been a lie to appease me at the time.

I guess that I will have to do as Berta says, Take that darn stupid test, if that is what they want.

This problem is all about when I filed in 1978, the Va did not secure my psychiatric records.

I filed again in 2002 and the same thing happpened.

This time in 2003, they give me a pension rating me disabled back to 1983, but denied due to excessive income from my husband.

In 2004, I wrote to the St. Louis Archives and secured all the psychiatric records, that they never bothered to get.

My claim is open back to 1978 and the Va. has declared me 100% disabled back to 1983.

If I win this case, then they have to pay me at least 100% back to 1983, as I turned in new and material evidence, never seen by the Va before. I also located a letter from my commanding Officer as to why my early discharge.

The lady shrink said that I did not ask Dr. C. my treating doctor in service, to assist me with an early discharge due to my nerves.

So, she ruled nothing bothered me in service.

I located Dr. C and sent him all of his military records and he wrote a 2 page letter to the Va. of how he treated me with Librium for anxiety and Caffergot for headaches, which is in my sick bay records anyway, and how he arranged my psychiatric counsulations. I baby - sit for him and his wife at that duty station, so he had no problem remembering me after 40 years.

The lady shrink tried to say that the C.O ordered those Consulations with the two Psychiatrist that I saw in the military. because of a behavior problem with article 15's. Not true, I don't have any. Dr. C. ordered those.

The two Shrinks did not count on me locating Dr. C.

Now they are working on how to get rid of me next.

It isn't going to work, for I am going no where, except for another C&P if requested.

I am a code 6, due to my niece being a Supervisor of the DRO's, so only Pearl can open my claim.

I wish you well on getting that needed letter from the Olka Rehab, and get your case moving through the system.

Always,

Josephine

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