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.
Question
Josephine
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
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