If the DRO issues you a SOC, then you also have 60 days from that SOC to submit VA Form 9 and your claim will be sent to the BVA. Keep in mind that once you receive a SOC, regardless of who issued it (the rating activity or the DRO) you can also submit additional "new" evidence within 60 days of the SOC and the regional office has to consider them and either grant the benefit sought on appeal based on the additional evidence, or they will issue a Supplemental Statement of the Case (SSOC). If the VA issues A SSOC, you then have 60 days from the SSOC to either submit addtional "new" evidence to be considered, which will then prompt either another SSOC or a grant in benefits, or submit VA Form 9 to have your claim sent to the BVA. Also keep in mind "new" evidence is evidence that the VA did not have in its possession of the time of the previous decision, it can not be redundant evidence.
This is where you guys are loosing me?
I received a SOC - My SOC stated - it looks like your claim may be denied due to Personality Disorder, so I am sending you a form 9 to turn in within 60 days.
The Same Letter Stated - This is Not the DRO'S Final Decision, as I am sending you for a C&P.
Okey - dokey- I ask the counselors about the Form - 9. They state, you have been denied, turn in that Form 9.
I fill out the Form 9 and turn it in to the R. O
In the meantime, I receive the C&P with a More Likely than Not.
Transferred and Received another C&P by the Board of Two - Nothing Bothered her in service
Turn in Rebuttal to Medical Center and R. O for New C&P due to legalities.
I acquire letter from my Military Treating Physician - 40 years back to 1964, Send him all my SMR'S to please explain his role in my early discharge.
Turn this into the Medical Center and R. O
No answer to New C&P.
Wait one year and receive a Denial - We place our weight with the psychiatrist as they are psychiatrist, you have a personality disorder.
Sorry that you feel that the C&P was erroneous, but good for rating.
Go to BVA Remanded to AMC
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 .
Two Psychiatrist received my claims file October 6th 2006
Statement
C_ File Read
Read Letter of Dr.C
Read letter of Dr. P
No evidence to alter conclusion.
Signed Dr. B and DR. L.
I do not consider this following the remand.
How can anyone give weight to a report that does not reconcile etiology?
I have Va. Medical Doctor - More likely than not.
Military Treating Physician - clarifying his treatment of me for anxiety.
Doctor of 29 years - Anxiety origin began in service.
Military Doctors Letter to Va.
To whom it may concern:
_________ Formerly ---- , has requested that I write documenting my care of her during the period of
February and March, 1964, at the U.S ___ She was an enlisted person and I was a general Medical Officer, practicing at that facility. The question she has asked me to address is whether I helped her obtain a discharge from the Navy.
_____________ has provided from her medical records as well as recent letter to me, which is undated. My evaluation of her on 2/20/64 and a follow up visit on 2 / 27/ 64 are available. Two Psychiatric consultations are also available for review. The first performed on 3/12/64 by DR. J and the second performed by Dr. M. Finally the letter by our C.) recommends an Honorable Discharge by reason of unsuitability. My understanding is that the discharge occurred shortly thereafter.
After phone discussion with ____, I did remember her as an enlisted person at the ______ with whom I had worked on occasion. My workup of 2/20/64 concluded that she had tension versus vascular headaches and I added a tranquilizer to her headache medicine for anxiety. The note from 2/ 27/ 64 documents that the lab test were normal and I recognize my personal shorthand in my notes that I often used for a counseling session. After 40 years I do not remember whether I started the process discharge, but suspect I may have been supportive. She had seen a Navy Psychiatrist on 3/12/64 with no indication of further workup or return. Two weeks later she saw another psychiatrist to whom I frequently referred patients who needed special understanding and sensitivity. While there is no documentation that I referred her, the fact that she saw Dr. M scarcely two weeks after with no worsening of condition does suggest to me that I may have sent her for the evaluation relative to discharge.
Both C H and Dr. M comment on ----- immaturity and that she was uncooperative in her duties. After she reminded me and recalled specific instances. I did recall that she baby - sat in our home on multiple occasions with our two children ages 2 and 1. I know that my wife and I would have not allowed her to stay with the children if there had been any question of her suitability. The ___ staff was close knit and I would have likely been made aware of any poor behavior on ______ part.
While my memory does not allow me confident documentation of my role in her discharge there is circumstantial evidence that her story is credible and I hope that you will give her case every consideration..
Question
Josephine
This is where you guys are loosing me?
I received a SOC - My SOC stated - it looks like your claim may be denied due to Personality Disorder, so I am sending you a form 9 to turn in within 60 days.
The Same Letter Stated - This is Not the DRO'S Final Decision, as I am sending you for a C&P.
Okey - dokey- I ask the counselors about the Form - 9. They state, you have been denied, turn in that Form 9.
I fill out the Form 9 and turn it in to the R. O
In the meantime, I receive the C&P with a More Likely than Not.
Transferred and Received another C&P by the Board of Two - Nothing Bothered her in service
Turn in Rebuttal to Medical Center and R. O for New C&P due to legalities.
I acquire letter from my Military Treating Physician - 40 years back to 1964, Send him all my SMR'S to please explain his role in my early discharge.
Turn this into the Medical Center and R. O
No answer to New C&P.
Wait one year and receive a Denial - We place our weight with the psychiatrist as they are psychiatrist, you have a personality disorder.
Sorry that you feel that the C&P was erroneous, but good for rating.
Go to BVA Remanded to AMC
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 .
Two Psychiatrist received my claims file October 6th 2006
Statement
C_ File Read
Read Letter of Dr.C
Read letter of Dr. P
No evidence to alter conclusion.
Signed Dr. B and DR. L.
I do not consider this following the remand.
How can anyone give weight to a report that does not reconcile etiology?
I have Va. Medical Doctor - More likely than not.
Military Treating Physician - clarifying his treatment of me for anxiety.
Doctor of 29 years - Anxiety origin began in service.
Military Doctors Letter to Va.
To whom it may concern:
_________ Formerly ---- , has requested that I write documenting my care of her during the period of
February and March, 1964, at the U.S ___ She was an enlisted person and I was a general Medical Officer, practicing at that facility. The question she has asked me to address is whether I helped her obtain a discharge from the Navy.
_____________ has provided from her medical records as well as recent letter to me, which is undated. My evaluation of her on 2/20/64 and a follow up visit on 2 / 27/ 64 are available. Two Psychiatric consultations are also available for review. The first performed on 3/12/64 by DR. J and the second performed by Dr. M. Finally the letter by our C.) recommends an Honorable Discharge by reason of unsuitability. My understanding is that the discharge occurred shortly thereafter.
After phone discussion with ____, I did remember her as an enlisted person at the ______ with whom I had worked on occasion. My workup of 2/20/64 concluded that she had tension versus vascular headaches and I added a tranquilizer to her headache medicine for anxiety. The note from 2/ 27/ 64 documents that the lab test were normal and I recognize my personal shorthand in my notes that I often used for a counseling session. After 40 years I do not remember whether I started the process discharge, but suspect I may have been supportive. She had seen a Navy Psychiatrist on 3/12/64 with no indication of further workup or return. Two weeks later she saw another psychiatrist to whom I frequently referred patients who needed special understanding and sensitivity. While there is no documentation that I referred her, the fact that she saw Dr. M scarcely two weeks after with no worsening of condition does suggest to me that I may have sent her for the evaluation relative to discharge.
Both C H and Dr. M comment on ----- immaturity and that she was uncooperative in her duties. After she reminded me and recalled specific instances. I did recall that she baby - sat in our home on multiple occasions with our two children ages 2 and 1. I know that my wife and I would have not allowed her to stay with the children if there had been any question of her suitability. The ___ staff was close knit and I would have likely been made aware of any poor behavior on ______ part.
While my memory does not allow me confident documentation of my role in her discharge there is circumstantial evidence that her story is credible and I hope that you will give her case every consideration..
BCC M.D.
What is next?
Josephine
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