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VetsLady

Question

Hubby has a claim that was remanded back in March 09 for further development. Further development is done. AMC now has the claim and we are told it went to rating/decision on 9/10/09. Is there any reason why we can't call AMC to inquire as to the status of the claim? Don't want to step on toes, irritate anyone there and definetly want to keep a sharp eye on this. I received conflicting information elsewhere that AMC makes the decision then sends it on to BVA for final approval. Then, from another source, I'm advised that AMC will either approve or deny and should they approve, they will be the division that rates the claim. These were both from

1-800, who I know don't have the up-to-date info in their systems. I'd like to call the AMC directly - ideas?

Thank-you....

VetsLady

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  • HadIt.com Elder
So are you saying that the order goes: BVA to AMC, develope claim, claim development done, back to AMC, decision, if yeah it goes to VARO for %, if neah it goes to BVA for another looky-loo and a yes vote. BVA denies, we are back on the merry go-round. BVA approves/overturns AMC, it goes to VARO for %.

We've been at this since Feb. 03, I know many of you have been at it longer. It's horrible.

What a disgrace to the Veteran. It's not a pay issue, it's a disability issue. Most tort cases in court don't go this long.

Wow. I'm keeping my glass half full. I hoipe it pans out as a positive, I hope with all my heart it does for everyone who is deserving as well.

My glass is half full and I keep adding to it when it goes down. We waited from 2/03 to 4/08 to have the VA finally agree that my husband set foot

on soil in DaNang. Top Secret stuff. And, they say a picture tells a thousand stories. It sure did when it came down to a yeah on his SC for DM2.

Wishing you all a pleasant day.

Allan had posted this:

A signed waiver requesting the BVA to review & decide your evidence/claim instead of being remanded back to the AOJ level, gets the claim out of the hands of VARO level evaluations & their repeated errors. Once you recieve a final SOC from the BVA, than your claim may be heard before the CAVC. Keep it in the hands of the BVA & out of VARO's if at all possible.

It's good advice. I wrote a letter to that effect and it keeps it out of the VARO.

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Hubby called AMC and was told that the development of his claim was completed (as you many recall, he had only 1 issue on appeal)

and that it was sent "upstairs" to be rated. I spoke to the Rep and she told me the same thing and that the claim file does go back

to the BVA but only to verify that what the remand said was done. I also asked about AMC making decisions and ratings. She told

me that AMC in DC does in fact make decisions and ratings. Not always, but they do. We're hoping that since his claim was pretty

straighforward, they will SC and rate it.

From another very reliable source, I was advised that once the development of the remand is complete, if the file goes "upstairs" for

rating that it's a favorable. I'm not holding my breath, and not counting a penny until it's in our pockets, just curious if anyone else

has had this experience?

Thanks...... B)

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  • HadIt.com Elder

I think that the Lady was trying to keep the cat in the bag. The AMC is pretty worthless had its teeth pulled out and it is on life support. Even if they make the decision the file will go back to the RO who will then finish it. Sorry but that is what many have told me. I may be wrong but I have yet to hear of the AMC speeding up a claim.

If you find out something different it will be a pleasant surprise.

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Hubby has a claim that was remanded back in March 09 for further development. Further development is done. AMC now has the claim and we are told it went to rating/decision on 9/10/09. Is there any reason why we can't call AMC to inquire as to the status of the claim? Don't want to step on toes, irritate anyone there and definetly want to keep a sharp eye on this. I received conflicting information elsewhere that AMC makes the decision then sends it on to BVA for final approval. Then, from another source, I'm advised that AMC will either approve or deny and should they approve, they will be the division that rates the claim. These were both from

1-800, who I know don't have the up-to-date info in their systems. I'd like to call the AMC directly - ideas?

Thank-you....

VetsLady

Took me 7 years from 9/02 to 6/09 to get decison ordered by BVA.
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  • HadIt.com Elder
Does the AMC have the authority to overturn a BVA decision? The BVA found that a doctor's letter regarding veteran was new and material evidence and remanded to AMC with instructions to obtain specific evidence, an outpatient record from NAS, associate it with folder or provide an explanation of the steps they took to locate it and that they were unable to do so.

AMC sends SSOC which denies for service connection, states the doctor's letter was not new and material, and says nothing about the specific file they were ordered to obtain? I am very confused about how to respond to this and I only have 'til the end of the month to do so.

That sounds like a BS reply from the AMC, they have hired my daugter's kindergarten class at latchkey to work these claims at the AMC. I would file an Appellant's brief or CUE, someone else can advise you better on the next step. I just want to let you know that this is typical of the AMC these days, and not to give up.

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  • HadIt.com Elder
Does the AMC have the authority to overturn a BVA decision?

No.

The BVA found that a doctor's letter regarding veteran was new and material evidence and remanded to AMC with instructions to obtain specific evidence, an outpatient record from NAS, associate it with folder or provide an explanation of the steps they took to locate it and that they were unable to do so.

AMC sends SSOC which denies for service connection, states the doctor's letter was not new and material, and says nothing about the specific file they were ordered to obtain? I am very confused about how to respond to this and I only have 'til the end of the month to do so.

Send the BVA an NOD, and list the errors in the AMC's SSOC; specifically detailing how the AMC did not follow their Remand Instruction; then send the AMC a CC (copy) of your NOD to the BVA.

That's what I would do!!! ~Wings

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