ketchup56

The amc has already completed the required development on remand as of 06-01-2012.(SSA RECORDS ADDED TO FILE). I verified this through inquries thru iris,and was sent a confirmation from iris stating this in writing. The original statement of case has already listed as evidence the previous ssa award letter and transmittal letter, i sent 2yrs. ago. So basically i'm in a holding pattern, as the status according to amc is it's"PENDING REVIEW" by a rating specialist. More likely another rubber stamp. WHY wait for that? The only remand order from bva was to associate these records used to make the ssa disability decision, to the c-file ,then RE-ADJUDICATE again. Since this has been accomplished why wait for another rubber stamp decision from these idiot's. AGAIN i have no (none, zero etc...) confidence in these people at this level, as i feel they just do not read evidence. Just look at what my remand was for in the first place. So what i did was send ANOTHER waiver of the AMC'S consideration AND ro considerations(just in case they decide to farm the appeal) and for amc to forward file back to bva for final adjudications. I personally talked to the director's office at the amc yesterday, and faxed copy of that waiver to her, and 5 mins. later she called me back and confirmed reciept of this waiver, through confirmation of fax number and that she would get the file and forward it back to bva. I "DO NOT" recommend this at all to everyone, BUT i do believe my claim belongs at a higher level of adjudication than at the current level. JMHO

When my appeal was at the bva, i submitted a waiver of aoj consideration of all evidence from that day forward, yet the bva still remanded to the AMC for them to associate my SSA records to the claim and then re-adjudicate all over again. To be honest i have zero confidence in this place as i feel this claim belongs at the bva or court level for the proper resolve. I just really want this out of this place. So what i'm asking is, if i submitted ANOTHER waiver of aoj to the AMC on the already remanded item which have already been attached to the file (ssa records) and file another I-9 with this request would this get my file out of this place? I know by law bva must remand if ssa records are even mentioned (DUTY TO ASSIST) in a claim,but having to wait forever just to start all over again just because va failed to accomplish this ministerial task the first time around, even after i submitted award and transmittal letters from the ssa over two years ago is straight bull@##$$it. Appeal is in the PENDING REVIEW STATUS, and we all know what that means. (delay with no resolve).

I was at this forum that day, and it was a very fired up meeting. I must say though i did not think anything would come of it, but "MAYBE" i was wrong. Today i received a call out of the blue from the "CENTER FOR INVESTIGATING REPORTING" stating that they had received some of my former complaints against the varo oakland from another local va organization, and they wanted to know if they could get an interview about my trials and troubles with the oakland ro and if it was okay if they monitored my progress. I'm really not about hearing a lot of lip service from politicians, but Congresswoman Jackie Speier stirred up the hornets nest. On top of this happening, i"m watching the Rachel Maddow show this evening on msnbc and low and behold she's doing a complete spill about oakland and the san diego varo"s and the BS vets go through to receive their benefits. I feel a something is brewing . Retire44 I'm thinking about you and your relentless pursuits on your claims, and maybe someone is starting to listen. Everyone else count your blessings that your'e not dealing with these particular varo"s.

I was at this meeting and it turn out to be VERY heated at times. I did not expect anything more out of it but from what iv'e heard since then is that in fact she has been FIRED as manager of oakland regional office. I have since filing and receiving my own decisions from this varo always knew and felt this varo was incompetent and in my correspondence to them i let them know it. Now finally MAYBE something would come from this. Consider yourself lucky not to have any dealings with this varo, as i have in other post complained,about the incompetence and total lack of accountability when it comes to these idiots. Now i know for sure that it's not only me that feels this way..

Good Deal, Once the vlj got my file, even though it was remanded it still once the vlj had it it only took 3 weeks for them to remand it. Hoping the best for you.

I myself try not to second guess when i know i'm right. You were right on point the first post. Good Luck.

"THERE AREN'T ANY REGULATIONS STATING THIS". Seems to me that the duty to assist and due process would work toward the benefit of the veteran when it comes to this issue. Every veteran has a right to any and all medical files relating to them thereselfs. VA will play games sometimes when requesting MENTAL HEALTH records. Whenever i request my mental health records from the vamc they sometimes and sometimes not require the approval from the MENTAL HEALTH DEPARTMENT before releasing to me. Even though the va paid for that exam, the exam was still on your behalf and you actually agree to this when you file any claim with the va. (PRIVACY ACT). BUT the va DOES NOT outright and exclusly own that information in your medical files.Duty to assist also requires a complete and thorough exam, and if you did not have access to these exams reports how in the hell would you ever know if your exam was complete and thorough? Would you just take va's word at this? I think not. Go to release of records and get these records. Tell the clerk you want copies of all your mental health records and fill out the proper roi form and after they get approval to release these records they will mail them to you within 10- 20 days. (timeline at my vamc).

This is more likely being returned to the vamc for either clarification of a previous exam AND/OR a medical opinion since this is regarding TDIU. BVA does not have the authority to award tdiu not until AFTER final and PROPER adjudication of the claim of tdiu. Since you already meet the percentages for tdiu this forces the varo to PROPERLY state is reasons and basis for denial of tdiu which is always done by medical opinions. I believe this is a good thing the bva remanding to the vamc for this reason. Sounds like the bva is doing their job. If you have the EVIDENCE in your medical records stating you can't work along with a positive medical opinion from the c&p examiner you should be okay, and if not you have some time to get that evidence needed before bva makes that final ruling on the matter of tdiu. JMHO.

This could be a good thing. Maybe that they found out something that wasn't done properly in your last c&p exam or if you did not receive any previous exams that they needed to." Duty to assist" also means that you at least have enough evidence to send you for exam before an award or denial of the claim(s). But whatever you do DO NOT MISS THAT EXAM. And yes they can do this. Good Luck

Today i received a standard letter from the AMC (bermuda triangle) stating that they have requested copies of my disability medical records from social security, and it "MAY" take several months to receive an response from them.SEVERAL MONTHS??? I know for a fact that this is requested from va to ssa by FAX and these two agencies are linked, and that va is to check for responses every 10 days. I got my personal copies from the ssa in two days when i requested them. Also a copy of this letter was sent cc to the american legion, even though i revoked my poa in march of this year, and it was acknowledged by the bva judge that it was revoked as this was in the remand order that i received.What i'm getting at is,here is solid evidence that evidence is not read, and that this is nothing but other way's to stall and sit on your appeal. Now when amc get's through f!@#$% around with this appeal and sends it back to the bva if it's another denial (which most are) with the american legion still listed as my poa WHERE do you think it will go next IF you are not aware of this BS?(AMERICAN LEGION) and there it will sit again for no reason at all. Just a little something for the unwary and unprepared. What i'm also asking of the hadit community is for any contact telephone numbers for the amc that i can use to maybe stay on top of this as none was provided in my letter's from them so far.I saw somewhere a while back where a few members had these contact numbers. I feel that it should not take 2 or 3 years on remand just to associate ssa records to the file for final adjudication, but this is what you get when are going through the BERMUDA TRIANGLE. Everyone have a safe holiday weekend.

Yes i agree. First conclusion i came to after reading the remand instructions was another STALL tactic. By the way i looked on ebenefits today and saw that a second DECISION& CLAIMS FILE DISPATCH was there as of 05/18/2012 and in the what have we received at bva column it states CORRESPONDENCE RECIEVED as of 05/18/2012. What is this as i have not submitted any evidence, and the first decision on the remand came on 05/15/2012 and i have already recieved that remand letter from bva. The remand was for the amc to associate my ssa records to the file and readjudicate only. Any idea's anyone?

Sorry for the double post . Can someone delete this or how do i accomplish this ?

Yes you are right about they will take forever. I already have the cd and i will download every page and send it to them. Am i right in assuming that the amc is given 15 days to send me a letter notifying me of reciept of remand, and is it at this point where i submit the records? Also it seems to me being a federal agency that it should not be that difficult to obtain these records from one federal agency to another. It's not the amc obtaning the records i"m worried about it 's the wasted time of bva 's remand order to have them adjudicate the appeal all over again. Twice already they could not get it right but here it is again, even after waiving aoj juridiction it there anyway's. TOTAL BS. On second thought i will take the cd to my varo office and have them download the cd and submit it to the amc.

Well as promised here's an update on my appeal at bva. REMANDED TO AMC for them to get all records from the SSA and to associate these records to the file , then reajudicate and if still denied to return file to bva. This is total bs,because as stated in my evidence section of my SOC and in the reasons and basis from the DRO this had already been done. I submitted my award letter, and the ssa transmittal letter showing that i was disabled for the same conditions i am claiming service connection for as evidence when i filed these claims, and still this was not done by the varo. This is the only and sole reason i go back into the meat grinder, because varo OAKLAND,CA. failed to do this simple task. At least the VLJ caught this, because this evidence is the MEAT in my claim for tdiu. What kind of wait am i looking at since being dumped back into the grinder?

Update on ebenefits today. Bva appeal went from stage 4 to stage 5 and then stage 6. It states c-file will be returning to amc- OR- regional office, what ever that means. This really tells me nothing as to what the decision was, just have to wait on the postman.

The dro should have REFERRED your claim to the director of c&p services in washington,dc for extra schedular consideration since you did not have the required % for regular tdiu, even if they felt you did not warrant an increase in disability to bring you to required 60/70%. If any of the evidence of record states unemployabilty and the percentage of disability is not there the vba must refer this request. They will not unless you stress this. I myself had the same thing happen to me, when i filed tdiu as part of my INITIAL claim, and they denied it along with the initial claim, but i appealed it to bva and there is where i believe i will win it. Force the va to send this to washington,dc and even if they deny it you would know the EXACT evidence you need to rebut there decision.

These alj's always do this when a another judge has ruled against his/her decision in a higher court. Play their game and you will win this.

I plan on calling to see if i can actually be a witness to the abuse coming from this office. Will let the board know if accepted. This is long, long, long, overdue for this office. The first thing they should do with this varo is to fire all the TOP BRASS at this varo because they are the one's who are actually fudging the books, lying to the inspector generals office,and signing off on these insulting decisions all with no ACCOUNTABILITY. I am one of the 39% error rate statistics. Can't wait to let off some steam ,even though it will likely just fall on deaf ears.

IMHO You have won your appeal. The alj even though he/she has the final say so, he/she must go by the medical and vocational evidence and not his/her own opinions. Once THEIR vocational expert stated there are no other job's you were able AND qualified to do, and along the with the already medical prerequsites established, that should seal the deal. SSDI is based only on medical, vocational,age, and education. If you have all these i believe you have won your appeal if what you have stated in your previous posts are indeed true. GOOGLE "SSA GRID RULES" and this should give you some idea of how the ssa decides on disability or not.

Will let you know how it turns out for me, also in the meantime you do the same by keeping the board posted on your progress. WE WILL WIN IF WE STAY THE COURSE!

Add55p The va lost ALL of my smr's too. You can win a claim without smr's it's done everyday. If you have proof that the va were in possesion of those records at some point, then you have a leg up on them. The va is using the fact that your records are missing to deny you simply because they can. BUT it's illegal. First you must get that evidence admitted into evidence and make sure that evidence is actually there.(copy of your c-file) and request a PERSONAL HEARING via the dro review route if possible ,just anything to get them to ACKNOWLEDGE they lost your records. Once you accomplish that, you HAMMER the "HEIGHTENED DUTY" rule in every document you send them. There are steps the va MUST FOLLOW when this happens and one of them is that they must send you a vcaa letter stating your records are indeed missing, and what ALTERNATIVE methods are to be used to SUBSTITUTE these records ,such as BUDDY STATEMENTS, POLICE REPORTS ,DOCTOR STATEMENTS ETC. Also THEY are REQUIRED to try to re-constuct your records. After all this is accomplished THEY are REQUIRED to issue what is called a VA "MEMORANDUM OF A FORMAL FINDING"acknowledging the onus and put this as evidence in your c-file. Once you get this your'e on your way.You have a current disability, next you tell them what and how happened in service, backed up by buddy statements from fellow unit members who actually saw or witnessed the incident or witnessed the SYMPTOMS OF SOME DISABILITY. This triggers the va to send you for a c&p exam and opinion. IMHO this claim will end up at the bva or higher for final resolution. I have the same exact situation as you but i got educated through hadit, and other research of my own and so far it has worked for me as my appeal is with the vlj for these same reasons.Cases such as our's in order to win requires strong probative value and credibility to our IMO'S, LAY STATEMENTS and someone to READ and COMPREHEND these forms of evidence. Good Luck

Sounds like your file is with the DAV either at your regional office or in washington,dc. These vso's do and will hold your claim/appeal for review before releasing it back to the regional or bva. Call your rep. they will tell you what happening. GOOD LUCK.

You might want to download from one of the many sites dealing with ssa a form called RESIDUAL FUNCTIONAL CAPACITY FORM for all the disabilities you have and have your pcp fill out this form and submit this form with your application if you decide to apply. This form is VERY important. If you are disabled as you say you are, along with the medical evidence of record, and this form properly filled out you have a better chance to win the first go round if you were to stop working. I followed this format and i was approved without an attorney in 10 months.

The SSA dosen't care how many hours you can and cannot work and if you CAN only work marginal,part time, casual etc. you will be what the ssa calls able to do sedendary type work.BUT age, and vocational skills will play a part in deciding if you will indeed be eligible for benefits.If you are WORKING the ssa will require you to file for all and any other benefits programs and to exhaust those programs before they would even think about giving you benefits.(state disability etc.) Again the ssa is all or nothing. The ssa will fight you tooth and nail on this. Good Luck

If you are working you will NEVER BE APPROVED for ssdi PERIOD. Social security is all or NOTHING. Either employable or unemployable. If you were already on ssdi you could do get what is called a TICKET TO WORK trial and recieve all your benefits for up to one year while you see if you CAN return to the work force. Working while applying for ssa benefits automatically would put you in the class of being what the ssa calls SEDENDARY.