Bva And Amc

[JoAnn]

Hi all again. After receiving the letter stating that I was going to be denied my claim at the BVA I wrote all of you and you had excellent advice. However, based on what you all told me and what has happened I am very confused.

I filed my claim in the Reno Nevada Regional Office. My appeal was done through the traveling board. I finally got a C&P ordered from the BVA. It was returned for further clarification and the doctor for the C&P was in my favor and then stated it again for the BVA. The next thing I knew I received a letter from the Seattle Regional Office stating that my claim was going to be denied and gave me 30 days to respond. I sent them a copy of all of my specific evidence based on their denial. Today I called the AMC and was told that a decision was made on my claim and that it had been sent to the DAV Washington office for review. I was then told that the decision would be sent back to the AMC who would forward it to Reno Regional Office for disemination. My DAV officer here in Vegas told me that that was standard protocal and that it would take another two to three months for me to know what the decission was. So here are my questions:

1. The denial came from a rating board out of Seattle. I understood that my claim could not leave Washington once it had gone there.

2. The denial overturned the judges opinion. The judge found a service connection and that is why I finally got a C&P exam. In fact it was returned just to verify that the doctor also found a connection.

3. The denial went over the top in calling me a liar and stated that I did not have anything in my files to support the claim at all. That is when I sent them all of the evidence again, hilighted so they would not need to read it all but would see that I did fit within the guidlines of service connection.

4. The DAV in Washington is reviewing the decision for errors. Is this routine?

5. Reno will be the one to issue the decission. How can one office issue a decission from another office?

6. Is this really standard protocal?

I am becoming ill with stress over my claim. I want to contact my stated Senator to show him the letter from the Seattle office and how slanderous it was. Even my therapist said that the letter went over the top and was very disrespectful of who I am. I need to know if there were any rules broken by the VA in their handling of my claim. I have read where the claim should not have left Washington and I have also read where the rating board cannot overturn the decision of the BVA. Your advise please.

Respectfully,

Jo Ann

[JoAnn]

Just to give all of you an update.

First, Berta, thank you for the phone numbers. I began by calling once a week and then last week I started calling every other day. I was told that my file was every where but at the DAV office across the hall from the BVA. I was told that my file was in Reno, Seattle, and at the BVA, AMC, and DAV. Wow! That is a lot of alphabet for me!

Today, I called the DAV and finally asked for a supervisor. I got one. His name is Paul. He put me on hold and when he came back he had my file. Said that it had just been received. (maybe it was in Reno) He said that the claim had been denied and started reading the decision from Seattle. I stopped him in mid sentence and told him that I had seen that denial and that I had sent additional information that rebutted the denial. He said that he did not have that information and that it was not in the file. He said that I did not have any medical files in my C file either. I began to tell him what I had sent and then I told him that I had sent it certified and return receipt. He asked if I had another copy. I said yes. He said can you get it to me tomorrow. I said yes. He asked me to include the copy of mailing, my original diagnosis of PTSD, and my Social Security Disability award letter. Then he said he was going to personally walk the file across the hall to a female rater and have the file looked at again. He told me that if I had proof of all that I told him he believes that he can get an award instead of a denial.

Please keep your fingers crossed for me and if you could say a prayer I would appreciate it. Also, just to let all know, call and keep track of your claim! If I had not called I would have just gotten another denial instead of getting a chance for someone to finally look at all of my records.

JoAnn

[Guest Vietnam Tanker]

Good Luck with the claim, I have said prayers for you and lit a candle, I will continue to place you in my prayers until you get your justly deserved claim. May the great spirit bless you and yours in this endeavor.

[Josephine]

Just to give all of you an update.

First, Berta, thank you for the phone numbers. I began by calling once a week and then last week I started calling every other day. I was told that my file was every where but at the DAV office across the hall from the BVA. I was told that my file was in Reno, Seattle, and at the BVA, AMC, and DAV. Wow! That is a lot of alphabet for me!

Today, I called the DAV and finally asked for a supervisor. I got one. His name is Paul. He put me on hold and when he came back he had my file. Said that it had just been received. (maybe it was in Reno) He said that the claim had been denied and started reading the decision from Seattle. I stopped him in mid sentence and told him that I had seen that denial and that I had sent additional information that rebutted the denial. He said that he did not have that information and that it was not in the file. He said that I did not have any medical files in my C file either. I began to tell him what I had sent and then I told him that I had sent it certified and return receipt. He asked if I had another copy. I said yes. He said can you get it to me tomorrow. I said yes. He asked me to include the copy of mailing, my original diagnosis of PTSD, and my Social Security Disability award letter. Then he said he was going to personally walk the file across the hall to a female rater and have the file looked at again. He told me that if I had proof of all that I told him he believes that he can get an award instead of a denial.

Please keep your fingers crossed for me and if you could say a prayer I would appreciate it. Also, just to let all know, call and keep track of your claim! If I had not called I would have just gotten another denial instead of getting a chance for someone to finally look at all of my records.

JoAnn

JoAnn,

Just in the last 4 months, you are the third person this has happened to.

It happened to me and RSG.

The AMC is one loosing the records or the papers are laying in the mail room and not making it to them within the 60 days.

What worked for me, was to fax my papers to my Senator and have him fax them for me. These are never lost.

Always,

Betty

Edited April 17, 2008 by Josephine

[JoAnn]

Update

Well, I just called Washington and guess what? The package I sent to the DAV rep was signed for by someone in the mail room and it has not been delivered to the DAV yet! I am ready to scream!!!!!!!!!

I am trying every thirty minutes to get a hold of the DAV rep to tell him that the package is in the mail room so he can get it. I am also sending a fax, yep, all 40+ pages, to his office too. Hope I can get through on the fax line.

I again want to thank all of you that are saying prayer, lighting candles, and sending good thoughts my way. I had no idea that it was this difficult. God Bless all of you who are trying also.

Jo Ann

[Josephine]

Update

Well, I just called Washington and guess what? The package I sent to the DAV rep was signed for by someone in the mail room and it has not been delivered to the DAV yet! I am ready to scream!!!!!!!!!

I am trying every thirty minutes to get a hold of the DAV rep to tell him that the package is in the mail room so he can get it. I am also sending a fax, yep, all 40+ pages, to his office too. Hope I can get through on the fax line.

I again want to thank all of you that are saying prayer, lighting candles, and sending good thoughts my way. I had no idea that it was this difficult. God Bless all of you who are trying also.

Jo Ann

JoAnn,

When you called D. C. did you talk to the AMC or the BVA or just your representative? You must have received a denial from someone , was it the BVA or the AMC.

I wouldn't want to see you run out of time waiting for your rep.

If it was the AMC, then you had 60 days to turn in the new information. If they did not wait, you may have to contact Carol at the BVA.

Let me know, for I have been there and beat the clock and send my things directly to the Judge.

Betty

[john999]

JoAnn

I would call and write and keep doing it. Rattle the cage and make sure your claim is not just sitting some place under a lamp. Remember there are thousands of claims at the AMC, the BVA and the VARO. Making noise can't hurt. The real mistake is to trust that the VA will do the right thing. Keep track of your appeal dates and don't miss them no matter what else is happening. What you are experiencing is not unusual although that might sound incredible. No one at the VA cares about your claim 10% as much as you do.