Duty To Notify

[free_spirit_etc]

Is failure in the duty to notify part of the duty to assist stuff that is not a CUE?

Or can it be one of those procedural errors that can be argued as a CUE?

Thanks,

Free

[Guest jstacy]

Joesphine, Do you have a copy of the entire claims folder?

As I have said earlier, you need to get this thing in the courts hands. There you can be represented by an attorney.

You should develop a plan of attack for this issue. Get all the medical information needed as you ask for the court hearing. Obtain the IMO we discussed. Contact a good attorney. I believe that is your only avenue at this time.

I do agree with you. These Docs should state reasons and basis for diagnosis change.

Look this site up: http://www.wrongdiagnosis.com/ Search bith conditons and see how they relate.

John

[Josephine]

John,

I have copies of everything. I kept the copies of administrative records that the Va had never seen. For instance. The commanding officer writes do not let her see the reason for discharge. I know the reasons for the discharge and so does Dr. C. It was a pure medical discharge and one to which they have tried to cover up for years.

Had I not located the psychiatric records and the administrative records in 2004, The Va's little lie would continue.

John,

I can't get to the Court of Appeals until the AMC gives me an answer.

These Docs should state reasons and basis for diagnosis change.

This is what the BVA and the AMC want them to do and they refuse. They can't come up with any medical or otherwise reasons for writing what they did.

I have spend months proving them wrong and I am waiting for them to prove themselves right.

I have several lawyers that would love to have my claim, but not until the decision is rendered by the AMC.

I have been told that they are not allowed to represent me until I go into the Court of Appeals.

If I am wrong, please correct me?

Thanks bunches,

Josephine

Betty

[Guest jstacy]

Attorneys can represent at the Court of Veterans appeals. WHen the AMC decides if it is negative, then take it to court.

[timetowinarace]

I'm not positive but failure to notify does seem to fall under the duty to assist. While failure of the duty to assist in itself is not grounds for CUE there are other considerations.

In my case, I had given the VA all necissary info of my injury to obtain the records. I was denied twice for the lack of these records and the first one left me with the impression they did not exsist. I did not appeal. I later learned, after finding them myself and reviewing my C-file, that the VA never once requested these records. Not even from me. I was never notified that the records were not available (because they were). VA CUE'd themselves and I was awarded to the origanal claim date.

If they had requested the records and could not get them it would not have been CUE. If I had not provided enough info for them to get them it would not have been CUE. It was CUE because they had made a decision without using all of the information available to them. The outcome of the decision (denial) would have been different if they had considered all of the information available. (The information was available, they made a decision without looking at it) Not because of a lack of Duty to Assist.

I hope I said that right.

Time

[Josephine]

I will take my case to the court of appeals with a lawyer, if they give me a negative.

My case, I told the Counselor at the Va of the Compentence Review Board Hearings with the Psychiatrist, but they never ask for all of those medical records, this was in 1978.

When I filed again in 2002, the Va did the same thing. I had no ideal that they didn't have them and I will never know if they didn't know if they existed or what the reasons were that the Va. Never ask for them.

I wrote to the Archives in 2004 and was sent all the psychiartric records and administrative records and turned in copies to the Va.

The BVA does acknowledge that these are records never acquired by the Va. before.

Where does that leave me, if I should win this claim?

I know that I have a fight ahead of me, but I do know that my Pet Test so far has shown no lung, liver or kidney cancer and went through the colon thing two weeks ago, this was fine and now had the biopsy of my thyroid. Just got back from the hospital.

Trust that this will be free of cancer also and then I am ready to fight them for many years.

Thanks.

Josephine

[timetowinarace]

Josephine,

You'll have to go through your c-file to see if you or anyone else had informed the VA that there had been treatment in service and by who (facility) and approximate dates. That is when the VA knew there was additional evidence to consider. If they didn't have this info,(all of it, facility, date, the purpose of treatment) it will not be CUE and you'll have a very hard time getting the EED on this issue. There may be other conciderations but not this one.

I think that's what your asking?

Time