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CARLOS 58

Seaman
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Everything posted by CARLOS 58

  1. Thank you very much. Glad to hear that and Sorry for not posting in a new post (You are right I did not know). Appreciate all the assistance and advice you provide. Carlos
  2. Good evening, I came across an old posting, posted by Josephine (February 24, 2007 by Josephine) in reference to the Appeal Management Center (AMC) duties and responsibilities with remanded claims. Josephine mentions the below when it comes to the AMC processing remanded claims. "The AMC receives all remanded claims directly from BVA. All new remands are delivered to the AMC daily. A small number of remands are unable to be worked in the AMC for various procedural reasons and are returned to the regional office of jurisdiction. For example, if a remanded claim requires a local hearing, the AMC would be unable to comply with the remand order; therefore, the remand must be worked locally. Additionally, if a remand involves an issue not related to compensation and pension benefits, the remand is forwarded to the regional office of original jurisdiction. Development of remands is initiated within 15 days of receipt at the AMC. A letter is sent to the appellant that explains how to contact the AMC, what the appellant can expect during the processing of the remand, and what is required of the appellant and the AMC. Development is completed in strict compliance with the wording of the remand order. This often requires that steps in the remand order be completed sequentially and that a VA exam, including a medical opinion by a VA physician, be conducted. Once all development steps are completed, the claims file is forwarded to the Rating Team for a decision. If any part of the remand is granted, a decision is prepared. If any part of the remand continues to be denied, a supplemental statement of the case is prepared. Often, both documents are required. Once a decision is made, accredited representatives (i.e., veteran service officers) are allowed the opportunity to review the unpromulgated decision. Following review by the representative, the file is forwarded to the Authorization Team, which processes the award and notifies the appellant. If a full grant of benefits is possible, the award action is completed, payment authorized, notification sent, and the completed file returned to the regional office of jurisdiction. If the appeal is not granted in full, the appeal is recertified to the BVA. No claims files reside permanently at the AMC." The reason I highlighted in red the part where it indicates that if the appeal is not granted in full, the appeal is recertified to the BVA, is because I recently received an SSOC letter from the AMC in regards to an appeal I submitted in August of 2007 for three conditions: Diabetes, Right knee secondary to Service connected (SC) Left knee and an increase for my already SC Left knee currently rated at 10%. I had my C&Pexam performed for all three condition this past May 2019 and last week I received a Supplemental Statement of the Case letter indicating that they denied the requested increase for my left knee however the letter did not mentioned anything about my claim for SC Diabetes and SC Right knee secondary to SC Left knee. So I contacted my DAV rep which was able to access my appeal claim and he informed me that I was granted SC for my Diabetes 20% and Right Knee 10% however he told me that I must wait for the official Award letter. My question is, based on Josephine posting in reference to the AMC duties and responsibilities regarding remands, will the AMC then send everything back to the BVA since my appeal could not be fully granted or will they process with awarding me benefits for my now SC Diabetes and Right Knee? The DAV rep further told me that there was even an effective date for the SC Diabetes and Right knee. Please can anyone provide any clarification on this issue. or has anyone had any past experience with a similar issue. Thank you.
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