Amc Rating Decision

[lu12]

If the (VRO) and the (amc) after a final decision - ignored and eluded the following evidence will it clearly help to proof a well-ground claim, base on a CUE?

1) June 1989 (smr) statement: the back condition was never well evaluated to make a determination.

2) Sept 1990 on a (RD) DVA recognized that the etiology of the veterans back condition was un-clear during the medical discharge and also at the first VA-C&P examination in 1989 - material evidence also-eluded by the PR-VRO and now by the AMC.

3) June 1995 IME referrer a neck disorder submitted as evidence never refuted.

4) April 1996 C&P evaluation for increase of current sc's disabilities. I complaint of cervical pain a new condition sought to be related to the sc's disabilities. (Informal claim)?

5) August 1996 [4] months later, I field a claim for sc for the cervical spine disorder, (formal claim).

6) August 1996 same day (^) complaint and received medical tx. for the cervical spine as chief complaint - no response from the VRO

7) June 1997 file a new 21-4128 request a follow up on the 1996 claim for service connection - no response from the VRO

8) Feb 07, 1997 cervical spine set of X-ray: Dx. muscles spams on the cervical spine area.

June 1998 VRO process the claim [3] years later.

December 1998 VRO denies the cervical spine claim.

9) 2003 IME nexus opinion eluded by the VRO and the AMC. Never refuted.

10) 2004 IME nexus opinion eluded by the VRO and the AMC. Never refuted.

11) 2006 BVA analysis recognized the 2003 IMO and the AMC ignored and eluded this fact and relevant evidence.

Material medical evidence part of the records (c-file) discarded before the VRO and AMC final decision(s).

If the evidence has been submitted and surrendered to the DVA and has no not been considerate will this be a clear violation to the pertinents VA law and regulations, a (Cue)?

lu12

Edited April 30, 2008 by lu12

[carlie]

lu12,

My question's are:

What is the Rating Decision that has become final ?

What exact regs were not followed ?

This is what has to be narrowed down.

carlie

[Ricky]

lu12,

My question's are:

What is the Rating Decision that has become final ?

What exact regs were not followed ?

This is what has to be narrowed down.

carlie

Excellent clarifying questions Carlie. Also it might help if the posts on this issue are keep associated to one thread. When you post questions on the same area on two or three seperate threads it becomes unclear as to what you are asking.

[lu12]

lu12,

My question's are:

What is the Rating Decision that has become final ?

What exact regs were not followed ?

This is what has to be narrowed down.

carlie

thank you carlie and ricky.

1) VRO denies the issue. then there is a final decision.

2) VRO sent the claim and appeal to the BVA and the Boards remand it.

3) AMC denies the claim there is another final decision.

carlie quote, What exact regs were not followed ?

carlie that is what I need to find out in order to submit a well-ground (NOD).

1) I filed [2] VA21-4138 forms, the DVA do nothing for [3]years, now that is the "proper standard procedure" to handle a claim that way, right?

2) the DVA wrote a VACC letter and among the instruction given to, was the fact that if I wanted I could submit "New Evidence" they got what they ask then again the DVA do nothing after their request.

3) relevant and important material evidence from the (smr) and the (c-file) that they don't want to refer to these evidence, since 1998, in any way, they have ignored and have manage to keep out these facts out of every RD, SOC and SSOC. Why this is allow?

4) same with the IMO's that have a "nexus opinion" one of the "[3] factors" to consider in order to grant (sc) and they have also manage to keep that evidence out of the AMC final decision.

so the evidence you surrender to the DVA in order to support your claim is eluded and ignored and that is ok because it is the stand procedure for the VA. these are these the new DVA law and regulations?

if there is evidence of the record on the table of the decision maker or rater "at the time of their decision" and that evidence is "intentional eluded and ignored" then I think that is wrong and it's against the basics principles related to the DVA pertinent law and regulations, not enoughs evidence for a possible CUE?

Another point is the fact that the C&P examiner did not followed the BVA instructions, so here I come again for your wisdom and knowledge.

ricky, as you may already figure out my first language is Spanish not English I just do my best my friend and that is why I do multiples posting so you might be able to understand me. Sorry for the inconvenience that this may have cause u.

I'm troubling by the "informal" &"formal" claim procedure, because this is evidence that definitely help to support my claim, just do follow up the hx. and chronology related to this issue. "CUE" I raise a question base on material evidence that they don't want to accept?

your suggestions will be appreciate,,,

lu12

[carlie]

lu12,

You posted,

"1) VRO denies the issue. then there is a final decision.

What was denied and why, under Reasons and Bases.

Did you file a NOD, have a DRO or traditional appeal????

For what reason did the claim become final ??????

2) VRO sent the claim and appeal to the BVA and the Boards remand it.

Did you or your VSO submit a form 9 ?????

Was additional evidence submitted ?????

Did you request a BVA Hearing ??????

Did you submit a VARO Waiver ????

3) AMC denies the claim there is another final decision."

I feel a bit lost here - do you have more threads with additional info posted ???

carlie

Edited May 2, 2008 by carlie
bold

[Ricky]

Lu - the spanish vs english thing is no problem for me my friend it was just the jumping between posts that kept me confused.

I do not think you have a CUE. The VA is a funny animal. Although they do not list all of the information a veteran sends to them on the rating decision or SOC that does not mean they did not use the information in the overall decision.

I will re-read all of your posts again and see if I can provide a better answer.

[Ricky]

Ok I will break this down into several posts:

"4) April 1996 C&P evaluation for increase of current sc's disabilities. I complaint of cervical pain a new condition sought to be related to the sc's disabilities. (Informal claim)? "

Sorry but this does not equal an informal claim. The only time information provided to the VAMC (hospital) equals and informal claim is if the veteran is hospitialized for a service connected disability. As a matter of fact a C&P examiner is not allow to mentioned any disability other than that which he has been instructed to review by the regional office.