Question For Carlie

[Berta]

Carlie- as you know I got informal remand and for the last 2 years the VA didnt act on it at all-they used some of the evidence for a different claim that the evidence had nothing to do with-

BUT I was thrilled to get a formal remand from the BVA about a week ago-ordering the VA to do this and that-

It says"The issue of service connection for the cause of the veteran's death is addressed in the Remand portion of the decision below and is Remanded to the RO via the Appeals Management Center in Washington, DC."

I really dont know anything about the AMC-does this mean the AMC somehow holds the RO accountable to satisfy the remand?

Would I be getting mail from the AMC? or is this it-from the BVA-

It says I can submit more evidence and more argument (I sure will!!!!I have argument with a part of the decision and more evidence)

and I am assuming that this all has to be submitted to the RO- but does the AMC get a copy of it too?

Thanks Carlie or anyone else who adds here-- AMC was created after my last battle royale with the VA-

Some of this BVA decision I just sent to the Office of General COunsel- as it proved what I said in my OGC complaint to them about my POA reps.

I was lied to and someone will pay for that.

I felt this decision did support my credibility regarding a situation where 4 reps and the director of this outfit (State of NY)

tried to get me to believe something that was NOT true-

the dopes even documented how diligently they pushed this false info on me-

the lazy and incompetent B%^%*#ds !.

[carlie]

Carlie- as you know I got informal remand and for the last 2 years the VA didnt act on it at all-they used some of the evidence for a different claim that the evidence had nothing to do with-

Berta - both VARO and BVA did this on a claim of mine.

I have an IMO for PTSD from a psychiatrist that I submitted to my VARO (which also went to BVA) - well the decision that lists this IMO

as evidence - is for Hearing Loss and Tinnitus.

It does not mention this IMO anywhere in the Reasons and Bases Section on any Rating Decision including the one for PTSD.

Do they do this to screw up on purpose and make us wait a few more years?

BUT I was thrilled to get a formal remand from the BVA about a week ago-ordering the VA to do this and that-

It says"The issue of service connection for the cause of the veteran's death is addressed in the Remand portion of the decision below and is Remanded to the RO via the Appeals Management Center in Washington, DC."

I really dont know anything about the AMC-does this mean the AMC somehow holds the RO accountable to satisfy the remand?

AMC is responsible to follow the remand and produce a decision.

Would I be getting mail from the AMC? or is this it-from the BVA-

Yes, you will get mail from the AMC - and if the BVA made any decisions on other issues in the claim, then BVA will notify you of those (partial) decisions.

It says I can submit more evidence and more argument (I sure will!!!!I have argument with a part of the decision and more evidence)

and I am assuming that this all has to be submitted to the RO- but does the AMC get a copy of it too?

Berta, you will either submit it to BVA if it's an issue under their jurisdiction OR if it deals with an issue that BVA remanded to the AMC - then you will submit it to the AMC.

I would also fill out and send in one of the VARO Waivers with it to CYA.

Berta,

I hope this helps.

carlie

[vaf]

The AMC was created to take the burden of remanded claims from the Board off the backs of the VARO's. The AMC can order C & P exams, and act in any capacity the VARO normally would in the case of a remanded claim. Our experience has been that it's another holding cell for a claim, the AMC does not necessarily act on remanded claims in any way that can remotely be construed as "expeditious," although you'll see that word in the Board's remand instructions. It's a joke. A Board remand that's been on hold at the AMC since October 2005 is the basis of our writ of mandamus request currently before the Court.

[Stretch]

I am still at the AMC with my other claims. I have been there about a years now. I think Allan has been at the AMC for a couple of years.

In one claim AMC did order C&P and actually looked at evidence for the first time. They did get my private medical records and use them as evidence.

The girl or guy at the desk always tells lies, just like the RO. She told me she could see my claim on the desk, when it was already at the VARO for over a month. It is good and bad to be at the AMC. I agree with VAF that it is another stall.

From the AMC it goes to VARO and chances are that it will not go back to the Board. AMC and VARO could take it to a decision.

AMC never sent me mail or called me.

[Berta]

THANKS CArlie- the BVA just told me I would be getting a letter from the AMC-

I also had to email the ombudsman because they couldnt answer my other questions-

One of them is- I am happy with the remand but it contains errors- and I want to know if I can continue to support the AO claim and make argument with the AMC -as the remand said I could- and at the same time File a Rconsideration request with the BVA on part of this decision.

To CMA (Cover MY butt and get it all before them properly)

Also I needed to know the status of the Motion my POA tried to dump me with-

The BVA decision confirmed statements I made in my OGC complaint about these POA dopes.

VARO never acknowledged my IMOS -4,000 bucks worth-BVA confirmed that-

but it appears that the POA made sure they never would see them.

[john999]

Stretch

The VA believes in reincarnation. They believe that claims are born, go to the BVA, are reborn and sent to the AMC and then get reincarnated back to the VARO for another cycle. This can go on for the vet's lifetime or two.

[Berta]

Thank you all- does the AMC send me a waiver form?

I hope I do get an AMC letter-I am already working on my submissions of all the evidence the RO ignored as well as extending my argument.

What gets me is that I raised Mariano so much that the BVA did not and could not order an "additional" VA medical opinion- that would be obvious doctor shopping-but they ordered a "new" opinion.

With the evidence I have -even with another crapola VA opinion-I am still within Relative Equipoise-

and I continue to remind VA that they made 6 years of medical errors and misdiagnoses-FTCA/1151 awards- so another deficient crapola VA opinion is what I can expect from the VA.

Mariano is an important case-

It states that if the VA has enough medical evidence to justify an award, then they SHOULD award!

The widows BVA case I posted here yesterday somewhere is a good example-

even the PTSD vet I helped get TDIU in 4 months is a good example-

If the VA has enough probative medical evidence from the veteran or widow -they can and should award the claim.

But it seems they sure will string claims out for a new VA opinion or in some cases an additional opinion from VA doc- knowing that even if the VA opinion is negative -the evidence will be in equipoise anyhow- thus an award is due the vet or widow- if they can live long enough to get it.

Edited September 27, 2008 by Berta