Do Veterans Have Any Rights Under The Constitution?

[Josephine]

Hi,

As most of you know that my claims file has left the AMC to go back to the two psychiatrist, who did the hynpnotic and slanderous lies in the last C&P.

I called the medical center and my claims file is there for the new opinion?

Am I allowed to be present during this review?

What assurance, if any, do I have that they will not turn around and write a slanderous lying opinion?

Trully the C&P is full of lies. Ones that I can prove.

If the the BVA didn't believe me, I don't think that they would be sending it back to them for a new opinion.

The AMC stated this morning, that they use the last physical to make their decision as to service connection???

I called my rep this morning and he didn't even know who I was. Stated that he represents 6 organizations.'

Can you change Reps this late in the game?

This guy surely has no clue as to what my claim is about.

He just said, we would have to wait until the opinion comes through and if it is the same. He would receive another remand to fill out a form 646.

What in the heck is he talking about?

If two psychiatrist were reviewing your claims file, as remanded by the BVa, would you trust the two psychiatrist to do any thing any better than previoulsy.

I would like to be present, as it has been approximately 18 months since that C&P was done, definitely under hypnosis.

I should have some say in this. Does the Veteran stay in the dark through - out the complete process?

My form 9 was turned in to the BVA by the Virginia office November 2004, before I had my first C&P and then transferred when the first C&P came in for rating.

Who has jurisdiction over your claim once you fill out a form 9.

After I filled out my form 9, I had two C&P's and it was two years later, before the DRO finally made a decision to deny me.

Thanks again,

Josephine

Edited October 20, 2006 by Josephine

[Berta]

I noticed that BVA decisions under hypnosis did not rely at all on what the hypnosis revealed.

Some were sessions in which veterans revealed stressors but still-if the VA could not confirm them, they did not accept the hypnosis statements as proof of the stressors.

It seems to me that the best thing to do is to continue to go over the BVA remand for anything whatsoever that might still be needed as evidence.

Was the BVA looking for the proof of a nexus?

Does a veteran need a nexus for acquired psychiatric disorder claim?

Or do their personal and medical records from service records satisfy that?

I regret I dont know and wonder why the BVA appeared to ask for a nexus in the remand.

Josephine- I might have this wrong-but it seems the VA denied you a pension due to your income from your husband but they did say that you were disabled by anxiety.

"It has to be the where my claim is open to 1978 with the VA. themselves stating in the pension, 100% disabled since 1983, due to chronic anxiety and depression."

Since the VA itself already confirmed the anxiety with depression-I would think they only would need to have an inservice nexus for service connection.

Did the 1983 decision state in any way at all the cause for the diagnosis they gave you at that time?

Does anyone see what I mean here?

I would not worry about the hypnotic session Josephine-

maybe if you could post the remand again (I will try to find it) we could read it again and see what could possibly be needed yet.

Does your local library or anyone you know have a scanner to scan the C & P onto a disk which you could post here?

Edited October 21, 2006 by Berta

[Josephine]

Was the BVA looking for the proof of a nexus?

Does a veteran need a nexus for acquired psychiatric disorder claim?

What is one? I filed for Anxiety and Depression with headaches!!Or do their personal and medical records from service records satisfy that?

I regret I dont know and wonder why the BVA appeared to ask for a nexus in the remand.

Berta,

I have no ideal of what they want. They keep telling me that since Dr. P. has treated me for 29 years, that even though, he is a Board Certified Internist, that he would know me better than any of their Paychiatrist.

Dr. C. my treating military physician, wrote the letter for me after that horrible C&P examination.

I turned this letter into the medical center with the rebuttal of the examination and also turned it into the R.O.

The R.O ruled for the psychiatrist, because they were a psychiarist, not by what proof they brought to the table.

The proof they brought to the table was a bunch of slanderous lies.

As Dr. C has stated, what is so difficult for these doctors to understand. He wrote the statement. Reported 5 to 6 month headache, since having the measles. Caffergot not effective, Librium T. I. D. with a referral to the first psychiatrist to see if he had me on the right medication.

The medication is right there in my sick bay records. It was an easy call for him, as I sent him his records to read.

Dr. L ( that dumb shrink) wrote in the record, that I saw Dr. J. Military Psyciatrist for a headache, she added

nothing else to the sentence.

If you read his report, he states, I was referred to him by one of the medical officers, for nervousness, headaches and irratability and stated my dissatisaction with the working condition and my life in the barracks and that I wanted an early discharge, due to the following.

That is a pretty weak way of saying that a doctor jerked you by the neck until you wet all over yourself and the life in the barracks was coat hanger abortions.

The Commanding Officer states that I vented my mouth off to anyone that would listen, that the psychiatrist failed to listen to me or to help me.

Berta,

I may collect a dime in benefits, but I bet two Psychiatrist are coming down with me. I contacted the Board of Medicine for New York and they sent me the link to the Board in my state.

The male Psychiatrist may not be sitting too pretty, as he teaches Psychiatry at the University hospital of my state, which you know.

I have to watch out that I don't get sued for slander.

My Internist has written them another letter. He has written 3 and I guess, if need more, he could write another one.

How did filing for Anxiety, Depression and Headaches become an Acquired Psychiatric Disorder?

Thanks,

Josephine

[Berta]

"How did filing for Anxiety, Depression and Headaches become an Acquired Psychiatric Disorder"

That is what bothers me Josephine- how did they come up with that? Because if the claim was for anxiety with depression,and you have treatment records to prove this began in service-I dont see how it all changed around to something else.

Clearly the VA stated you had anxiety with depression for the pension claim.Although that came years after your service they also said it was a chronic condition.

I think I found the remand:

http://www.va.gov/vetapp06/files3/0610341.txt

Please correct me if this isn't the right one.

The BVA states:

THE ISSUE

Entitlement to service connection for an acquired psychiatric

disorder, to include anxiety and depression.

But then they state:

"This matter comes before the Board of Veterans' Appeals

(Board) on appeal from a February 2004 rating decision by the

Roanoke, Virginia, Regional Office (RO) of the Department of

Veterans Affairs (VA), which denied reopening the veteran's

service connection claim for chronic anxiety with depression".

"Then the BVA requests:

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"

This baffles me as well as you and I hope others read this too and give opinions.

As I see it- if a vet has evidence of anxiety with depression with documented links of events inservice which caused anxiety and depression I dont see how this all changed around to something else.

I sure feel your frustration and think-if this claim had focused solely on the diagnosis of anxiety with depression linked to service

with a proven stressor- the claim would have been resolved much better by now.

Were these records that the BVA requested obtained by you Josephine-and submitted to the VA?

"It is possible that a

further search for official service medical records might

substantiate the veteran's claims of repeated visits to

physicians in service. In addition, as the reasons for her

early release from service in May 1964 are at issue, the

Board finds the veteran's complete service personnel file

should be obtained and added to the record. "

[Josephine]

"It is possible that a

further search for official service medical records might

substantiate the veteran's claims of repeated visits to

physicians in service. In addition, as the reasons for her

early release from service in May 1964 are at issue, the

Board finds the veteran's complete service personnel file

should be obtained and added to the record. "

Berta,

I contacted the St. Louis Archives twiced and finally had a letter sent to the AMC, that there are no more medical records for me.

The remand has never made any sense to me.

I have no ideal how the " Acquired Psychiatric Disorder came about. This is what the DRO in Roanoke requested of the first doctor. If you note , no one ever mentions headaches.

When I filed in 1978 and I have the proof of filing - the va did not secure the psychiatric records of Dr J and Dr. M and the letter by my commanding officer,

I was told in order to get the early discharge that I had to give up all my benefits.

I filed again in 2002 and the same thing happened.

In 2003 they awarded me NSC for Anxiety and Depression with Headaches. Stating that I have been disabled since 1983.

I almost took the roof off the house, when that came through. I demanded to see all my records and that I went to the R.O and ask a counselor about the Competence Review Reports. He said that they didn't exist.

I wrote to the archives in 2004 and they sent them all to me.

I turned copies in to the Va and was send a SC which said, looks like you may have a personality disorder. They didn't list any of my medical records from 1965 to 1979.

We are sending you a form 9 to return in 60 days and you will be receiving a C&P.

I guess they assumed that by asking Dr. M to evaluate me from 1978 to date, it would be a no.

He was smarter than that. He looked until he located all the records from 1965 to date.

I filled out the form 9, due to the time line, before the C&P. When he made his More likely than not, I was transferred to West Virginia and then 5 months later had that horrible C&P.

There just aren't anymore records. I will assume some were destroyed. I believe it was a slip up for me to get my hands on the ones that I did get.

I located my request for transfer from that duty station, this go around.

I also received a paper that stated by the C. O. Discharge her for Emotional Immaturity but keep it hidden and give her a 460.

Note the date of 2004. I have had my form 9 in to the BVA , but never received an answer till this year. I kept having C&P examination, until they found the answer they wanted. I wasn't denied until 2006.

The National Level of the American Legion helped me advance on the docket.

If anyone has any ideal of how to rid myself of " Acquired Psychiatric Disorder". Please do let me know.

At the R. O it was listed as Acquired Chronic Psychiatric Disorder".

That is why I keep saying my Board Certified Internist is more than capable of treating me. I tried to Psychiatrist route and didn't get anywhere, until Dr. P. He has been a life saver to me.

I really don't even know what one is.

Berta,

I was in Dr. C"s home so much , that he and his wife talked to me over the dinner table and wrote prescriptions for me then.

He worked his behind off to get me out of that place. Personnel Office wasn't as eager.

Now, you can see why I am losing my mind in all of this??

Josephine

Edited October 21, 2006 by Josephine

[Josephine]

. 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.

Berta,

since the two that did the C&P are available , they have chosen to take this route. The claims file is with these two that did the examination of 2005.

They may be questioning Dr. P nexus, because I noticed in his first letter, his staff has made a typing eror and have stated 5 years of psychiatric treatment instead of fifteen.

He has corrected this in his letter requested in the remand. He stated treatment in service in 1964 and picks up again in 1967 and to date.

I am guessing that is the reason.

Thanks,

Josephine

Edited October 21, 2006 by Josephine