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Certification Of Correspondence To Amc


Josephine

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  • HadIt.com Elder

Hi to everyone,

Please I need some assistance.

I called the AMC this morning and was told that my file has finally made it to the rater.

My concerns: After reviewing my statements and letters to the BVA and the AMC I noticed that not all of my correspondence has the wording.

I hereby certify that the information given is true and correct to the best of my knowledge and belief. Signature.

I called and ask the lady at the AMC about this and she said that it wasn't necessary for all letters to have this written on them.

It is my understanding, I still have time to re-fax these with the certification on each letter.

Can I believe her or do I need to resend these important letters and does my physicians letters that I have turned in also need this affixed to them.

I do not believe the BVA or the AMC, knowing that once decided, I cannot add to the claim.

It is very difficult for me being that Code 6, Sensitive File. Seems that no one can access my file.

I can't call the toll free number, as I live in the state of Va. and my claim is in W. Va. My rep, I have never met him and he is over 200 miles away.

When my file was at the R.O, My representative could never have access to my file.

Seems a bit unfair to me.

Thanks so much.

Josephine

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

Non of the VSO use that certificaton of truthfulness on any of the correspondence they send in on behalf of the vets. I have never herd of that being used before. Chances are the VA wont read what you wrote any ways. I would say you are safe not faxing anything in like that.

Terry Higgins

Terry,

My letter dated May 8, 2006.

If you wish to submit information that is revelant to your appeal, you may also include the infomation on the enclosed Va Form 21-4138. Statement in support of Claom, or submit the information on a separate sheet of paper. The separate sheet of paper must conclude with the following certification. " I hereby certify that the information I have given is true and correct to the best of my knowedge and belief".

Chances are the VA wont read what you wrote any ways.

Terry,

Are you saying that I am wasting my time sending them anything.

What do they read and what do they use to base their decision?

Josephine

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I think the initial disability Application has an oath on it like this.

Or maybe the TDIU form?

I always throw in this oath- on some of the evidence-I have sent .

I did for my Sec 1151 DIC and FTCA claim and also in support of my present claim when I relayed to the VA what two VA doctors had told me.

I also added that I undertand I could be found guilty of perjury if I knowingly make a false statement.

I only do this when there were situations that I had to state what a VA doctor said to me regarding something or other about Rod's care.

I dont know where I got that idea - but then again-I also asked the VA to use their subpeona power's and ask the doctors to testify to it -if they did not believe me.

The medical evidence actually bears out whatever I said anyhow.

I have seen only 2 or 3 cases at BVA over the years where a veteran was found to have actually lied on their disability claims.

The Office of Inspector General has some cases too though.

I cannot imagine this happens much.

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  • HadIt.com Elder

Berta,

I certainly didn't mind placing it on my papers, but wanted to make sure that I had it on everywhere the Va. wanted it.

Berta, I didn't place it on any of my doctors statements, as I didn't want to mess up the papers.

I don't know what Terry meant, when he said, they wouldn't read the statements anyway.

I sure hope that my time of putting this claim together has been for nothing. I knew that you couldn't add anything when it goes to the Court of Appeals.

I want to make sure it is all there.

Thanks,

Josephine

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  • HadIt.com Elder

Josephine, they require that statement only on a "Statement In Support of Claim". In other words, they require it on any "statement" thay you might send in that is a narrative of what happened, what you think might have happened, what you think might have caused your problem, or, also on any "buddy" statements that any of your friends or fellow servicemembers might have seen, heard, experienced, in support of your claim. This statement is used on these "narratives" or "stories" in lieu of having to have these "Statements In Support of Claim" notarized before a notary public.

You do not have to put this statement on EVERYthing that you send in.

You do need to put your claim number on EVERYthing that you send in. Jus in case someone MIGHT read it.

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  • HadIt.com Elder
Josephine, they require that statement only on a "Statement In Support of Claim". In other words, they require it on any "statement" thay you might send in that is a narrative of what happened, what you think might have happened, what you think might have caused your problem, or, also on any "buddy" statements that any of your friends or fellow servicemembers might have seen, heard, experienced, in support of your claim. This statement is used on these "narratives" or "stories" in lieu of having to have these "Statements In Support of Claim" notarized before a notary public.

You do not have to put this statement on EVERYthing that you send in.

You do need to put your claim number on EVERYthing that you send in. Jus in case someone MIGHT read it.

Larry J,

The appeals Manangement Center will read these statements, won't they. I know that I may be fighting a loosing battle.

I will never agree that any doctor should be allowed to change your military and private medical records , just to give you an illness to disqualify you.

I have heard from the same medical center that this doctor is doing the same thing to every veteran that comes through her doors and this would be from the nurse that saw me after the C&P.

This is not right.

I feel that I am strong enought to fight her and the system and see if I can bring her and any others like her down.

There are so many young veterans filing for benefits and have no ideal of what is going on.

I have always been blessed to have a strong husband and two lovely children.

They don't have these things and I have to keep fighting for them.

When I approached the BVA. I asked only to be heard. No more.

Thanks, sure hope that they do read my statements, as I have drawn them a map so that they can see in black and white where and how she did this to me.

I did put my full name and social security number on all papers.

Thanks bunches!!!

Josephine

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

Josephine, I have a good feeling about the Appeals Management Center, that they will read everything that you might have sent them ( unlike the majority of RO's ).

My wife is a nurse and she has told me several times that there are doctors out there that, when they find out that you are filing any kind of claim for benefits from any governmental department, or any disability claim whatsoever, that they will give you the shaft, instead of giving you the examination that you are entitled to.

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  • HadIt.com Elder

LarryJ

I sure wasn't expecting the doctors at the Va. medical Center to do these tricks, but sure did find it out. I don't even know why the R.O ordered the dumb thing, when I had just had a C&P 5 months earlier and received a More likely than Not.

I think that I was there, by orders of the R.O seeking a denial.

Sure hope that I can prove this to the AMC and maybe some of this nonsense will stop.

If not, this lady psychiatrist, had better what out for her license.

I have been told to wait and see what my answers is, hope to receive it within the next couple of months. It has been a long 6 years.

It all started with the psychiatric records and the letter from my commanding officer. I secured them from the archives in 2004 and they were never acquired or seen before by the Va.

I have been at least given credit for this by the BVA.

Thanks bunches!!

Josephine

Edited by Josephine (see edit history)
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Guest jangrin

I think the initial disability Application has an oath on it like this.

Or maybe the TDIU form?

I always throw in this oath- on some of the evidence-I have sent .

I dont know where I got that idea - but then again-I also asked the VA to use their subpeona power's and ask the doctors to testify to it -if they did not believe me.

Berta, Josephine,

I found this today while reading I think this is why Berta, includes the Oath when submitting her EVIDENCE,

cuz it's under oath. So by doing it your just affirming the code.

Jangrin

Evidence Requirements

top

§ 3.200 Testimony certified or under oath.

top

(a) All oral testimony presented by claimants and witnesses on their behalf before any rating or authorization body will be under oath or affirmation. (See §3.103©.)

(B) All written testimony submitted by the claimant or in his or her behalf for the purpose of establishing a claim for service connection will be certified or under oath or affirmation. This includes records, examination reports, and transcripts material to the issue received by the Department of Veterans Affairs at the instance of the claimant or in his or her behalf or requested by the Department of Veterans Affairs from State, county, municipal, recognized private institutions, and contract hospitals.

[40 FR 36329, Aug. 20, 1975]

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  • HadIt.com Elder
Evidence Requirements

top

§ 3.200 Testimony certified or under oath.

top

(a) All oral testimony presented by claimants and witnesses on their behalf before any rating or authorization body will be under oath or affirmation. (See §3.103©.)

( All written testimony submitted by the claimant or in his or her behalf for the purpose of establishing a claim for service connection will be certified or under oath or affirmation. This includes records, examination reports, and transcripts material to the issue received by the Department of Veterans Affairs at the instance of the claimant or in his or her behalf or requested by the Department of Veterans Affairs from State, county, municipal, recognized private institutions, and contract hospitals.

I noticed that I had a letters by my two daughters and husband that did not have this written on it and thought that I may need to re-fax these again.

I have not written this on my doctors letters. I assumed that the Va would contact him.

I finally made it to the rater and have no room for error.

I should re-send these letters.

Correct?

I am at the rater and I have to end this claim.

Thanks,

Josephine

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  • HadIt.com Elder
Evidence Requirements

top

§ 3.200 Testimony certified or under oath.

top

(a) All oral testimony presented by claimants and witnesses on their behalf before any rating or authorization body will be under oath or affirmation. (See §3.103©.)

( All written testimony submitted by the claimant or in his or her behalf for the purpose of establishing a claim for service connection will be certified or under oath or affirmation. This includes records, examination reports, and transcripts material to the issue received by the Department of Veterans Affairs at the instance of the claimant or in his or her behalf or requested by the Department of Veterans Affairs from State, county, municipal, recognized private institutions, and contract hospitals.

[40 FR 36329, Aug. 20, 1975]

Jangrin,

Well I have them ready to fax again.

I have two Statement of the Case, each with a denial of course. The Va will not acknowledge receipt of my private medical records of 1965 - 1978.

My VCAA notice has no evidence to support claim to date.

This would of course be back in May.

I have ask for a corrected VCAA notice with these important medical records stated.

No VCAA notice corrected to Date.

Give up.

Claims file is at the Rater.

I am faxing all medical records from 1965 - 1978

Letters presented to R. O of May 2005 by husband and two daughters again today and Buddy letter.

My VCAA letter said to hurry with the info, as they may decide your claim within 60 days.

It has been almost 6 months. No chance of that.

It is my understanding that you have one year of receipt of VCAA notice to send in information.

I do not feel anything will be decided until after that time passes.

I must have all information in as I cannot add info, if this claim should go to the court of appeals.

This claim is opened to 1978 and I have no room for error, due to the Va not securing my psychiatric records and the letter from my commanding officer explaining my early dishcharge and reasons for. Claims file of 1978 was never adjudicated.

Re-filed in 2002 and same thing happened.

I secured these vital records in 2004.

The BVA has acknowledged this.

thanks,

Josephine

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