Amc, No 60 Days.

[lu12]

Two letters from the Amc arrived on different dates, two decisions dated Feb 22, 2008.

The Amc forwarded my appeal back to the Board with out giving me the C&P's examination reports, the SW survey report and other records that I requested the Amc in Feb 13, 2008 by mail and fax.

These letter inform me that was not please with theirs decisions and if I wanted could it wrote a letter staying my opinion and decision within the following 60 days after the Amc decision dated Feb 22, 2008.

My first request was made 9 days before the Amc decisions. The information requested was needed in order to have then analyze and discuss with my SRO.

The 60 days period was due by April 22, 08 one week before the 60 days expiration date I called the Amc to find out what went wrong with my request the answer that I got was that they were still working on my request. I reply that due to their delay the time frame was about to expire in less than 10 days. I ask if I had the right to request an extension of another 60 days and they told me that that I could do.

To my surprise I called again to f/u on my 60 days extension request and they reply that they did not receive any of my faxes and letter and that my appeal was forwarded back to Board in April 29.

This week I received the BVA notification letter that they have received back my appeal, I call the Board and I try to explain to them my situation.

The Board advice me to waive the board 60 days time frame and also told me that I could request the same information that the Amc denied me in addition that if I have more evidence I can request the board a 60 days delay or extension before my case gets back to the judge.

I don't trust the system any more, I have received some good advices here and my point is that with out the C&P's records I feel that my NOD will or may be weak or incomplete.

NOD due to the denial of the cervical spine issue and a lower evaluation rated at 30% for a nervous condition issue.

Your advice will be appreciate

Lu12

Edited May 21, 2008 by lu12

[Pete53]

I don't think that you have a choice but to try and get the C&P Records to whoever is rating. The 60 day letter is a stall on your claim and you will get them close to 60 days again unless you find away to bust out the claim.

Josephine aka Betty faxed copies of Medical Records to expedite her claim.

It appears that you may have copies of C&P and if you do submit them and ask for 60 days to be waived and ruled on your records plus the C&P as soon as possible.

Good Luck

[lu12]

I don't think that you have a choice but to try and get the C&P Records to whoever is rating. The 60 day letter is a stall on your claim and you will get them close to 60 days again unless you find away to bust out the claim.

Josephine aka Betty faxed copies of Medical Records to expedite her claim.

It appears that you may have copies of C&P and if you do submit them and ask for 60 days to be waived and ruled on your records plus the C&P as soon as possible.

Good Luck

Pete

I don't have copies of any of my last 3 C&P's and the SW survey report, my case was remanded to the RO the AMC acted on my case so for this reason and hard to believe the VAMC said that they dint have those records scanned yet, since the RO did not acted on the remand and they never have my C-F they are not able in any to assist me, the Amc make a joke out of my request and denied me the information then what else? there is no way i can fax my information and new material evidece.

lu12

Edited May 22, 2008 by lu12

[LarryJ]

To get your C&P's, you can go to the Veterans Affairs Medical Center at San Juan, or Mayaguez or Ponce, where ever the C&P's were performed and go to the Medical Records Department and tell them that you want to fill out a Freedom Of Information Act (FOIA) request to get copies of ALL your treatment records. ALL of them. That way you will be SURE to receive your C&P's. Then, you call the telephone number for the AMC and ask them for their FAX number, then you take your 3 C&P's to your Service Representative (the American Legion or the VFW or, better yet, take the 3 C&P's to your Congressman and let THEM FAX the reports to the BVA or AMC. They will do that for you, and they will have a record, and the VA, BVA, AMC will NOT be able to claim that "We didna get them". It's hard for them to lie to the Senator or Congressman. It's not hard for them to lie to YOU.

[Josephine]

Take Larry's advice and pick up the copies and by all means have your senator fax them through for you.

Believe me with the government seal these will be in your file the next day.

That is what I did and was told they have to hand carry them to your file and log them in the minute they arrive.

It worked for me and the Judge had a chance to read them and grant the benefits.

Betty

[Stretch]

Today, I went to Records and requested my C&P from 2 weeks ago. They use to give the C&P records to me right on the spot with my FOIA. Now my VAMC says to fill out the FOIA and the C&P will be mailed. I was told that this is new Policy. I was really mad, but I can wait a few more days.

[lu12]

To get your C&P's, you can go to the Veterans Affairs Medical Center at San Juan, or Mayaguez or Ponce, where ever the C&P's were performed and go to the Medical Records Department and tell them that you want to fill out a Freedom Of Information Act (FOIA) request to get copies of ALL your treatment records. ALL of them. That way you will be SURE to receive your C&P's. Then, you call the telephone number for the AMC and ask them for their FAX number, then you take your 3 C&P's to your Service Representative (the American Legion or the VFW or, better yet, take the 3 C&P's to your Congressman and let THEM FAX the reports to the BVA or AMC. They will do that for you, and they will have a record, and the VA, BVA, AMC will NOT be able to claim that "We didna get them". It's hard for them to lie to the Senator or Congressman. It's not hard for them to lie to YOU.

LarryJ - thank you for your advice. The system here in PR it is not the same any more. I'm assign to for medical treatment at the Mayaguez, OPC. The lady that attend the medical information department told me that she is not allow to give that information to the Veterans, she were instructed by her supervisor from the release information department at SJ VAMC. Now at the VAMC release information unit they told me that they did not have available or scanned the C&P's reports right now, day and time waisted. 2 hr's drive each way if lucky and a $100.00 bucks waisted but I will take your advice on taking my case to my junior congressman and approach their staff to see what happen.

Today I will fax to the BVA, FOIA release unit att. to Margaret Peak, and request the information one more time, also I have an option to fax the BVA team no. 2 to request a 60 days extension, I hope that they move fast this time. the point is that the Evaluations reports are needed so that I can further discuss my case and option with my SRO.

lu12