Negligence By The Appeals Management Center

[Josephine]

I faxed copies of the personnel records to the AMC, May12, 2006 and July 13, 2006 and someone did not post or lost these records. I have the proof that they received both fax.

December 20, 2006 the NARA notified the AMC these records could not be located.

I found out by one of the Telephone operators January 23, 2007.

I faxed the administrative records again to the AMC January 23, 2007.

The Remand

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. Bxxxx C. Cxxxxx and the January 2006 statement of Dr. Mxxxxx Pxxxxx.

The Appeals Management Center sent my records back to Dr. Lxxxxx and Dr. Bxxxx at the Sxxxxx Veterans Medical Center. I received a letter from the Appeals Management Center stating that the file was going back to them for review. I have a copy of the review of Dr. Bxx and Dr. Lxxxxx dated October 26, 2006.

The review states:

10/26/2006 Addendum Status completed

After review of the May 2005 letter of Dr. Cxxxxxx and the January 2006 letter of Dr. Pxxxxx, the board finds no additional evidence that would alter the initial conclusions.

/es/Lxxxxx Lxxxxx, MD

Staff Psychiatrist

Signed: 10/26/2006 10:27

10/26/2006 Addendum Status completed

Regarding the above addendum, the entire C-file was reviewed, in addition to the two addition letters as required.

10/26/2006 Addendum Status completed

I have reviewed the C-file and all new information provided since the exam dated April 12, 2005, including the letters of Drs Pxxxx and Cxxxxx. I concur that the board finds no additional evidence that would alter the initial conclusion.

/es/Gxxxxx M. Bxxxxx MD

Staff Psychiatrist

Signed: 10/27/2006 14:23

Dr. Bxxxxx and Dr. Lxxxxxx state in the above opinion that they reviewed the veterans complete C-file and I would like to know how they did this, being that The Appeals Management Center, state the Rater, has been waiting for the Personnel Records, since November and has the copy that I sent to The Appeals Management Center January 23, 2007 ?

The Board of two psychiatrist did not have the the opportunity of my personnel records. VA examination in April 2005 resulted in a diagnosis of an anxiety disorder, not otherwise specified, and it was felt by the veteran that the examiner in the absence of available service personnel records, no opinion regarding etiology, of the veteran's anxiety disorder could be provided.

The Board of Two Psychiatrist did not have the benefit of seeing the veteran’s personnel records from the military. They did not see the veteran’s request for transfer to another duty station or the discrepancy made by Dr. Lxxxxx that the veteran denied any article 15’s, as she would have seen the veteran did not have any article 15’s. The veteran was not a behavior problem, as Dr. Lxxxxx stated of this veteran.

Will they have to give the benefit of the doubt to the veteran?

Thanks,

Josephine

[Josephine]

Hi Josephine,

As I wrote, JMHO.

There are many other issues with your claim, and I am certainly on your side regarding this C&P exam you had with the (2) VA shrinks.......

I am just trying to say that when people read the report, they do not necessarily read what YOU are interpreting. The AMC or BVA may have a totally different point of view when reading the report. You certainly are the best judge of these (2) and their professionalism (OR LACK OF) professionalism. Especially about not allowing your husband in the room during the exam and the fact that you were hypnotised, etc.

I am just saying there are "certain types of verbage" that is the "standard" in medical report writing. And in the reports you have posted and shared here at Hadit, this particular statement (about the Article 15s) has come up a few times. Although you interpret this to mean, they (the 2) accused you of lying, there is another way that it may be interpreted by professionals (judges and attorneys) would will simple say to themselves when they read the report--- "oh, she never had an Article 15".

No insult or finger pointing here, I know how you have struggled with this whole process. I AM ON YOUR SIDE..., just wanted to help you be prepared for people not reacting to these statements the same way you do. It does not indicate a lack of concern on thier part, only a difference in training, when reading the report. Thats all I was trying to say.

Hang in there Josephine.

Jangrin

Jangrin,

I know that you mean well. I go all to pieces over that dumb C&P. I feel that if the people at the AMC have any sense at all, they can read my medical records and see that I do have enough sense to know how many children that I have and what my life is like.

I know that I have been to a lot of doctors in my time, but this is the first one that I ever went to one that I couldn't remember even what the doctors looked like.

Pretty weird and what I read is rubbish. Pure garbage.

At least Dr. Muller didn't compromise his intergrity to do the dirty deeds of the VA. It will all come out through the wash, but sure is strange what regulations the VA has broken just because I located all of the psychiatric records - (susposed to have been destroyed after 5 years at that duty station.)

I do believe that I know now who placed them in the archives for me and I will always be grateful to him. I know now what he meant when we were talking on the telephone.

Thanks again,

Josephine

[Josephine]

With a good IMO the benefit of the doubt should be established. I think that Josephine really has a better case than to fall back on benefit of doubt but it is a good backstop.

The strongest opinion should be the Dr that saw you while you were in the Service. After all he saw you and treated you when your symptoms started.

Sometimes Veterans forget how important thier military medical records can be and don't forget the prescriptions issue to help build your case.

Josephine I know that its hard waiting to get the answer but one day you will get it.

Pete,

My claim has been with the claims adjustor now for about 4 days for him to do his thing. As I was telling Jangrin, it will all come out in the wash. I just don't like reading lies about myself. I was reading that the psychiatric records were destroyed after 5 years at your duty station. I thought it strange that mine were not, but with the passing of time, I know now what Dr. C. meant on the telephone, he placed them in the archives for me. I send my email back to Dr. Bash, as he has a psychaitrist lined up to do the IMO if I receive a neg. I took Terry's advice and emailed him both examinations. I would think in about 3 weeks, I will have my answer. I have sold my home and moving back to my home town. I will be having everything picked up the 28th of this month. When I get back home, only about 55 miles, I need to do a head count, so that I can see if I still just have two daughters. I am not going to do a change of address at this time. I will have the post office hold my mail. My home is too large and I love the new owners, as they have 3 lovely boys and they will have a ball with all the space.

Have a good one!

Josephine