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

[Josephine]

John999,

If you read my reply to the Financial Statement, you will get a better ideal of what is going on.

I never dreamed that I could get involved in a mess like this.

It is all true.

This is the flow of my Va. Claim:

Filed in 1978 - No service connection, by counselor.

The Va has in my pension that they sent me a letter in 1992, denying me benefits. The BVA and I have a copy of such filing.

I filed again in 2002 - Denied no Service connection 2003

With this decision I was awarded a NSC Pension, stating that you have not been employable since 1983, due to chronic anxiety and depression and high blood pressure.

Denied due to excessive income.

Even with my chronic vertigo and balance problem, I made it down to the Va. Office, and demanded to see my claims file. What a fuss!!!

I did get to see it and I ask, " Where are my Compentency Review Records, The counselor said there aren't any! I said, well those Military Psychiatrist sure didn't think much of me.

I came home and wrote a letter to the St. Louis Archives and they mailed me all of my Psychiatric Records and a letter from the Commanding Officer as to the reason for my discharge.

This had never been seen by the Va. I turned them in with a NOD of the decision of 2003.

Within 3 months, I received all in one envelope. A Statement of the Case - stating it appears that you may have a personality disorder, but this is not the DRO final decision. You will be having a C&P for an Acquired Chronic Psychaitric Disorder. I also received a form 9 to have in within 60 days. I called and called the Counselors as to what to do with the form 9, they said fill it out and turn it in.

I turned in the form 9 in November of 2004. October the 19th, I went for the C&P, which the Psychologist spend every bit of a hour reviewing my claim. As the R.O ask him to evaluate me from 1978 to date. He stated too many years have gone by. I ask him, " do you not have my medical records from 1965 to 1978 and he said no. He ask me if I had them. I said yes, but so does the Va. as I saw them in my file.

This dear man spend at least 45 minutes until he located all the hidden medical records within my file.

Diagnosis Generalized Anxiety Disorder not other wise specifiec with depression. More likely than not that my anxiety began in service.

On November 30th, my claims file was transferred to another state for rating and this is where the trance board of two comes in at, 5 months after the first examination.

The rest is in the other financial statement question.

Now my claims file is with the two Psychiatrist to reconcile their difference and come up with a reason for all that has happpened.

I know that any form of trance or hypnosis is not legal within the Va, but it sure happened to me.

I have a letter from the nurse that saw me afterwards and she said that the male psychaitrist is the best for hypnosis in the state.

John,

If I had a scanner, I woud be happy to let the whole world read this dumb C&P by those two and my military and private records to compare the two.

John, I think these strange things are happening because of the psyciatric records being located in 2002 and by me.

Thanks,

Josephine

Edited October 20, 2006 by Josephine

[Hoppy]

Josephine,

It is my understanding that once you file the form 9 you have to stay with the same organization until the appeal is complete. Maybe they can assign a new rep. I agree with John. Hypnosis sounds like a treatment not a process for gathering legal evidence. In my C&P exams they went much like John stated. I would have the the tactics used in the C&P investigated. If it was like you say a series of 3 word and 4 word questions and the letter from the nurse after the exam indicating that the examiner was a hypnotist, I would have to ask the question if the examiner used illegal or inappropriate techniques during the C&P exam. I do not trust anybody. I wouid not be surprised that the VA let their shrinks use hypnosis in a C&P. That still does not make it right and if you appealed to federal court I would hope the feds would stop them.

I went to Private Investigator school and was taught all about lie detector tests. The results are used for investigative purposes and not as direct evidence in court. I also remember that recently there was a court decision that latent memories developed through hypnosis can not be submitted as evidence in court.

The guy who ran the PI school was a pathalogical liar himself yet he was licensed to perform and intrepret lie dector tests. There are many differnt schools of thought in psychology. If you get a bunch of shrinks in the same room I am sure that they would be telling each other that they don't know the A__ from a hole in the ground or be accusing each other of being out right liars. That is why psych claims have to be worked so hard by the veteran.

The VA has changed the way they process claims over the years. Once your claim was initally denied way back when I would be surprised if they ever read your complete file or for that matter any letters you sent them. They would just stamp it "not well grounded" and forget about it unless they decided that you had submitted new and material evidence. Your persistence and the fact that you got the NSC pension caused them to schedule the C&P that was performed by the two psychiatrists.

Not to harp on this but I won my claim by entering treatment at the VA. MY SO told me to do this. It is not a question of waiting for decisions from the RO or getting a C&P. It would be best to get some VA shrinks on your side before the C&P.

[Guest jstacy]

Josephine, If you can afford it, Buy a scanner and scan your entire file into my pictures or create a VA file. It is so much easier to go right to your info. It is work getting it scanned but after you do it, You will be glad you did. After it is scanned, copy it to a CD rom and put it in a fireproof safe or in a safe deposit box at the bank.

Edited October 21, 2006 by jstacy

[Wings]

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Has anyone ever had to contact the VA-OIG for Patient Abuse ???

http://www.va.gov/oig/

[Josephine]

Not to harp on this but I won my claim by entering treatment at the VA. MY SO told me to do this. It is not a question of waiting for decisions from the RO or getting a C&P. It would be best to get some VA shrinks on your side before the C&P.

Hi Hoppy and everyone,

I thought that I was entering some type of treatment as the first Va. Psychologist had mentioned to me that he thought that I should go back into treatment.

It is my understanding from the AMC that they have pulled all of my records from the insurance bank and if this is true, they will see that there are two other psychiatrist that I saw for consultation, after this hypnotic C&P. I just never mentioned them, for I saw no need.

I have been so busy on how I was going to prove what they did to me. You can't imagine what it is like, and I am sure that you can, to prove that two psychiatrist used some form of trance on you and gave you a C&P. I has taken me 9 months to remember that when I went back into the hospital, that the male psychiatrist was standing at the end of the hall.

My husband called Dr. Bad the male psychiatrist three times in one day, being a Tuesday, but I did write and tell the AMC that he called the first Psychologist on Friday, as I was not any better. The other two had the day off and I am confident that someone has spoken to him, as they made him look like a fool.

After all that has happened to me, I would be afraid to stay in the Va. hospital. I trust my Board Certified Internist.

All of this crap started when I turned in those psychiatric records and the letter from the commanding officer in 2004.

John,

I have everything in a fire proof safety box, for fear that something will happen to my papers.

I have papers back when I was discharged, which I have never seen in my administrative file.

It has took me 42 years to locate my request for transfer from this station. Only by the grace of God did I locate my military treating physician, to state what he did for me and how I baby-sit for him and how I was telling the truth.

To be honest with you, had it not been for the hypnosis, I am not sure to this date, if I really remembered my military doctors complete name and where his family was from.

5 days after that C&P, I sat down at the computer and typed his name in and there he was, with a privte telephone number.

I had my husband to call and speak to his wife, to see if I honestly had him on the telephone. Sure enough it was him.

He told me that he wrote a letter after I was thrown out of that duty station of how to file for benefits. Of course the letter did not make it past the personnel office.

He was under the impression that I was drawing disability all along.

Not true.

$15.36 cents and orders to be out of the duty station within 24 hours.

When I left that C&P, I remembered everything just like it happened yesterday.

I will never forget them placing me back in that swimming pool and trying to desperatly keep from drowning from that high dive.

My life has been a nightmare since then.

All I ask of the BVA went I filed all of my papers, was to please take the time to read my claim and I would like for my case to finally be heard.

I am 62 years of age and I have lived with this nightmare for 43 years.

I filed for early social security and received my first large check of $251.00, because I could never hold down gainful empolyment.

A person with an histronian personality is not going to have water running down their hands to their elbows from fear.

Can't you just imagine how many times, when you wrote something on a piece of paper , just how badly that ink would smear.

The lady Pshchiatrist spend 3 sheets of paper writing about my hands, and then gave me that personality. The one who wants to be the Center of Attention and then she writes how I worked nights, so no one would see my hands.

I may never collect a dime of benefits, but I will bring them down, for what they did to me.

Hoppy,

Yes the Dr. Bad, the male psychiatrist did speak in those 3 and 4 word sentences. I can hear him saying to me." show me how you kick a wall". and I thought that was the most stupid thing to do, but I did it.

" show me your valium" .

I could never see him as he spoke, I could only see her, and she did not one time open her mouth.

There will not be another C&P examination, only for those two to give a new opinion on the record, using rationale and sound judgement and to use only the records and new information that the remand ask for.

No more changing of the records.

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.

If I should win this, they would have to pay me back to their own ruling. 100% from 1983 to now and what ever they wanted to pay me from 1978 to 1983 and give me the medical discharge that I deserved.

Someone set out to seek a denial after the first decision was made.

That is the only reason that I can think of that this would happen.

Now that the file is back with those two psychiatrist, perhaps this claim will be decided soon.

I never knew that their was an organization for patient abuse?

You all see now how I came up with that GAF of 40 that day. I didn't have sense of a bedbug!

Thanks to all,

Josephine

Edited October 21, 2006 by Josephine

[Josephine]

Jstacy,

This would be a job for my daughter or granddaugher, as they are both the computer expert.

I have been blesssed that I met my husband in service and he was able to take advantage of the GI Bill Benefits.

He has always supported this excess baggage around. Me!!

I was always told that I would have to give mine up, if I took the early discharge.

I will have them come up and do this. He can buy a scanner for me and they can use it.

Thanks so much,

Josephine