Bva V. Amc

[lu12]

Is the AMC able by law OR IN ANY OTHER WAY, to go over a remanded action BY THE BVA to the VHA C&P Examinations. Ex:

1. Schedule the vet fora a va ortho examination for the purpose of ascertaining the etiology of his cervical spine disorder. The claim file most be made available to and be reviewed by the examiner in conjunction with the examination. the examiner report should indicate that the claim file has been reviewed, and that the examiner has taken into account the private and VA medical record records of prior treatment referable to neck pain, including Radioculopathy into the uppers extremities. Base upon a review of the historical records and medical principles, the examiner should provide an opinion as to whether there is a 50% probability that the vat cervical spine disorders is related to either his period of active service, or to his ser-conn low back disability. The examiner should specifically address and reconcile this opinion with the various opinions of the record finding that the vet cervical spine disorder is related to his low back disability and the injuries he sustained during the service.

If the examiner feels that the requested opinion cannot be given without resort to speculation, the examiner should so state.

B)

Then I most ask again:

Is the AMC able in a anyway to go over a remanded action from the BVA, Actions and Instruction given to the C&p Examiners?

B)

I most ask again ??? b/c the C&P examiner seems that he did not understood the BVA instructions at-all

The c&p examiner did not proceed with any kind of:

1. Cervical Spine Physical Evaluation.

2. Uppers Extremities and Radioculopathy Physical Evaluation.

3. Did not wanted to take into account SMR medical evidence

4. Did not wanted to considered C-File, VHA 1st unclear spine medical evaluation.

5. Did not wanted to revised previously IME Opinions.

6. careless about new IME Nexus Opinions.

7. Did not care about 1 st RD from DVA for voc-rehab statement etiology of vet back cond unclear during medical discharge and at the 1st VAE done in 1989.

Examiner Seems he did not wanted to reconciled with the various medical opinions of the records findings and also from the BVA request at all.

Looks like he wanted to base his opinion only on my 1998 SOC response to the VARO, base his opinion on a non medical material evidence of the record

Unless he where following instructions from another sources. Straight forward he told me he could not do anything for me.

Should I challenge this C&P examination for all of the above reasons and before it gets back o the AMC

lu12.

[lu12]

Anything remanded back to the VARO goes through the AMC. The AMC is supposed to handle the remand to make sure that everything that is remanded back to the VARO is taken care of properly.

Then what should I do, if i see that both the BVA & AMC continue working and handling my claims with lost of the errors and injustice's from the VARO.

Please,

lu12 B)

[Pete53]

I think that you should consider getting an outside medical opinion with a Doc who understands the link to your service.

[LarryJ]

"AND I'M NOT ABLE TO SEE ANY OF MY C&P REPORTS JUST YET B/C THERE IS ONE ISSUE STILL PENDING TO WORK WITH AND FOR THAT MATTER THE NEXT C&P APPOINTMENT IS SET UP FOR DEC 27, 2007."

YES, you are able to see all/everything that has been done to you, all exams, all lab work, all x-ray reports, all counseling sessions, all medication.......EVERYTHING.... right up until today's date.

You need to go to your VA Medical Center where you are being examined and treated. Go to the Medical Records Department. Tell them that you need copies of ALL your medical records INCLUDING your C&P's. Then read your C&P's. See what they say. If you have trouble reading these C&P's, if you are not up with the medical terminology, then get with one of the VA's Patient Advocates and tell them your problem, they are located right there in the Hospital.

You need some help. We are here to try and help you.

As far as the BVA and the AMC continuing to handle you claim. That is what is supposed to be happening. The BVA reads over your claim, determines is there IS something that needs to be straightened out, then they "remand" it back to the VARO to "take care of" what needs to be "straightened out", however, the VARO hasn't, in the past, been very good about "straightening out" their own f*ck-ups so the VA created the Appeals Management Center, the AMC, to get the information, the facts, to dot the "i's" and cross the "t's".....in other words to do the VARO's work for them, on these BVA remands.

So, that is what is supposed to be happening.

Now, if you see that they (BVA and AMC) are working with a sack full of BS that the VARO has handed them......then it is your opportunity and duty to send to the AMC a "Statement In Support of Claim" in which you have the chance to "tell your side of the story", a chance to set the record straight.

Send 'em one. NOW.

Make sure you use one of the VA's own "Statement in Support of Claim" forms, for it will have all the proper beginnings and endings and the VA is used to seeing and handling the "proper forms". You can download these forms, either here on Hadit or by going to the VA website and looking under the "FORMS" heading.

Geaux get 'em, Tiger.

[lu12]

LAST IME = IMO = NEXUS OPINION I GOT FROM A PRIVATE PSYCHIATRIC DATED JUNE 2007

let see if the c&p Psy. Examiner will accept it for review. Or as new evidence at all.

Plus Got multiples others in from 1995 to 2004 surrendered them to the (varo) since 1998 but no favorable decisions. Not even considering:

1. When all the evidence is assembled, the Secretary, is then responsible for determining whether the evidence supports the claim or is in relative equipoise, with the veteran prevailing in either event, or whether a preponderance of the evidence is against the claim, in which case the claim is denied. Gilbert v. Derwinski, 1 Vet. App. 49, 55 (1990).

2. After reviewing all the evidence and material of record, where there is an approximate balance of positive and negative evidence regarding the merits of an issue material to the determination of the matter, the benefit of the doubt in resolving each such issue shall be given to the claimant. 38 U.S.C.A.§ 5107(B). Thus, when a veteran seeks benefits and the evidence is in relative "equipoise", the law mandates that the veteran prevails. Gilbertv. Derwinski, 1 Vet.App. 49 (1990).

3. When, after careful consideration of all procurable and assembled data, a reasonable doubt arises regarding service origin, the degree of disability, or any other point, such doubt will be resolved in favor of the claimant. 38 U.S.C.A. 5107; 38 C.F.R.3.102.

thank,

lu12

[lu12]

"AND I'M NOT ABLE TO SEE ANY OF MY C&P REPORTS JUST YET B/C THERE IS ONE ISSUE STILL PENDING TO WORK WITH AND FOR THAT MATTER THE NEXT C&P APPOINTMENT IS SET UP FOR DEC 27, 2007."

YES, you are able to see all/everything that has been done to you, all exams, all lab work, all x-ray reports, all counseling sessions, all medication.......EVERYTHING.... right up until today's date.

You need to go to your VA Medical Center where you are being examined and treated. Go to the Medical Records Department. Tell them that you need copies of ALL your medical records INCLUDING your C&P's. Then read your C&P's. See what they say. If you have trouble reading these C&P's, if you are not up with the medical terminology, then get with one of the VA's Patient Advocates and tell them your problem, they are located right there in the Hospital.

'larryj'

Because there is one issue that I have not been through yet the medical records department and also the varo said the same i had 3 issues at the same time and because of the one that is missing they all said that they can not released any information or report of c&p exam.

And I do understand pretty good all inf. in a c&p exam report.

thank you,

lu12