Amc

[Berta]

I mentioned this all before but still it bothers me and I want everyone to be aware of this-

I received formal BVA remand (there had been informal remand from the BVA in 2006 and the RO failed to act on this) in late Sept 2008.

For the first time since Feb 2003. the BA in the remand acknowledged my IMOs.

The BVA stated that I could provide additional evidence and argument to the AMC.I began working on that right away and called the AMC for a timeline on submitting this and was told to expect a letter from them.

I sent in this evidence and I did make a very strong legal and medical statement along with copies of anything I felt might have been destroyed -on Oct. 28th.I had received no direction yet in a formal AMC letter but the AMC had told me by phone on October 28th that the claim had gone to a "review in Huntington"-

I wrote to the AMC director stating that I feared that the C file was incomplete and that I wanted an assurance this evidence (which did include new evidence too) would be properly addressed by the AMC.

Weeks later I tracked down where the medical review took place and the secretary told me the examiner had just done the review and had remarked that I had in fact sent them a lot of evidence. By then The AMC confirmd that whatever they did receive had been sent to the reviewer (I hope)

My long point here is is that we sure have to be proactive-

and it seems to me that I never did get any direction from the AMC at all on how much time was allowed for the response that the BVA stated I could make in the remand.

I made very strong statements in this response as to how my evidence had been ignored since 2003 and I sure made it clear that I would fight this claim until a proper resolve came and I also mentioned I was sending page one of my response to the H VAC to follow up an extensive letter I had sent them regarding years of VA ignoring my evidence even in my past claims. My claim is set for a decision now per AMC and maybe by getting aggressive, the AMC acted faster then they normally do- still- it does bother me that I really had no direction on the response the BVA allowed me-

and it would not have been fair to have had a medical review without them considering it.

Have any of you received from the AMC any letter of direction if the BVA said you could send them additional evidence and raise additional argument?

Did this letter come before they actually began a review of your case?

[Wings]

I mentioned this all before but still it bothers me and I want everyone to be aware of this-

I received formal BVA remand (there had been informal remand from the BVA in 2006 and the RO failed to act on this) in late Sept 2008.

For the first time since Feb 2003. the BA in the remand acknowledged my IMOs.

The BVA stated that I could provide additional evidence and argument to the AMC.I began working on that right away and called the AMC for a timeline on submitting this and was told to expect a letter from them.

I sent in this evidence and I did make a very strong legal and medical statement along with copies of anything I felt might have been destroyed -on Oct. 28th.I had received no direction yet in a formal AMC letter but the AMC had told me by phone on October 28th that the claim had gone to a "review in Huntington"-

I wrote to the AMC director stating that I feared that the C file was incomplete and that I wanted an assurance this evidence (which did include new evidence too) would be properly addressed by the AMC.

Weeks later I tracked down where the medical review took place and the secretary told me the examiner had just done the review and had remarked that I had in fact sent them a lot of evidence. By then The AMC confirmd that whatever they did receive had been sent to the reviewer (I hope)

My long point here is is that we sure have to be proactive-

and it seems to me that I never did get any direction from the AMC at all on how much time was allowed for the response that the BVA stated I could make in the remand.

I made very strong statements in this response as to how my evidence had been ignored since 2003 and I sure made it clear that I would fight this claim until a proper resolve came and I also mentioned I was sending page one of my response to the H VAC to follow up an extensive letter I had sent them regarding years of VA ignoring my evidence even in my past claims. My claim is set for a decision now per AMC and maybe by getting aggressive, the AMC acted faster then they normally do- still- it does bother me that I really had no direction on the response the BVA allowed me-

and it would not have been fair to have had a medical review without them considering it.

Have any of you received from the AMC any letter of direction if the BVA said you could send them additional evidence and raise additional argument?

Did this letter come before they actually began a review of your case?

Berta, I share your concerns!

I had a big dream last night about the AMC . . . In the dream, I asked for an informal hearing before the Board; here sat an Adjudicator all of 20 y/o, with my open file in his lap, and told me that if I pushed him at all, he would just deny my claim; so I backed off, and went to sit in another part of the room; here sat a young woman who glanced at me sideways, and asked me if I could read the Case on the computer screen; the text was jumbled, and she was purposefully scrolling so fast through the screen that I was having trouble keeping up with her. I told her "I can read that case if you will let me read it". The feeling I had was, "it's all in there (the case) and I am confident" . . . but the manner of their presentation was malicious, not informal. End of Dream.

So, the concerns I share with you are:

The AMC is trying to move these cases as fast as possible, they are using outdated regulations and case law; they are abusing their "power" in that there is No Direct Communication from staff members to veterans. The only break I got (in reality) came from a national service officer, whose office was located in the same building as the AMC (much like the VARO's).

My Claim didn't reach the AMC until the first of November, 2008. They decided the Claim the first of December. You tell me. ~Wings

[Pete53]

Back in the day when I had my claim the RO kept the file till the BVA said they were ready. This may be the case with the AMC.

The AMC is only another RO in the scheme of things and I am not impressed with thier current record. When they first started out they were actually speeding up claims but it does not look so good now.

Good Luck to all at the AMC.

[MikeR]

Wings, I spoke to Kimberly today when she called me to tell me that she had my file all ready for the rater. Well when I asked her about the evidence I sent in express mail/certified she was annoyed that I had not sent it to her. I told her to hold off so that she could get the new evidence and add it to the file. She seemed surprised, but I told her that the new information was needed to bolster the claim. They are not going to do anything for the next couple of weeks anyway.

[Wings]

Wings, I spoke to Kimberly today when she called me to tell me that she had my file all ready for the rater. Well when I asked her about the evidence I sent in express mail/certified she was annoyed that I had not sent it to her. I told her to hold off so that she could get the new evidence and add it to the file. She seemed surprised, but I told her that the new information was needed to bolster the claim. They are not going to do anything for the next couple of weeks anyway.

Who's "Kimberly" ? Other than that, I hear you saying that you already sent the evidence once, and they didn't get it?! Then she was "annoyed"?! These folks have a lot of power, and need to share it with the veteran!! ~Wings

[MikeR]

She was annoyed and admonished me for not sending it to her (I did not know I was supposed to). It must be in the mail room. I could send her another set of docs. She asked if it was needed for the claim and not just duplicates. This was a reasonable question. My reply was no, after I got the report back from the JSRCC it only partially confirmed my stressors, and it eluded to the idea that the Veteran (me) would be able to add information. So I did. I wanted to give this my best shot. I was a pack rat in service and kept copies of everything, LES's with Hostile Fire Pay, Letters of recommendation, Military orders, Medals, and write ups for Medals with specific information. A copy of a packet with an application with a photo, and a short bio witnessed by a CID SA that tells my story which aligns with my claim. The VA Psych Doc added copies of some of this to my file and mentioned it in his C&P exam report. I have no complaints about him. I told her that I was now on Buspar and Effexor.

[Wings]

She was annoyed and admonished me for not sending it to her (I did not know I was supposed to). It must be in the mail room. I could send her another set of docs. She asked if it was needed for the claim and not just duplicates. This was a reasonable question. My reply was no, after I got the report back from the JSRCC it only partially confirmed my stressors, and it eluded to the idea that the Veteran (me) would be able to add information. So I did. I wanted to give this my best shot. I was a pack rat in service and kept copies of everything, LES's with Hostile Fire Pay, Letters of recommendation, Military orders, Medals, and write ups for Medals with specific information. A copy of a packet with an application with a photo, and a short bio witnessed by a CID SA that tells my story which aligns with my claim. The VA Psych Doc added copies of some of this to my file and mentioned it in his C&P exam report. I have no complaints about him. I told her that I was now on Buspar and Effexor.

When you call the VA, they are supposed to document that converstaion (some VA Form); hopefully, she will honor your request for the time it takes for your new evidence. They must accept any new evidence the veterans submits prior to a final decision. Next time you call the VA, tell them to document that contact information. You takes names too. Good work getting all this info. to them, sounds like you're getting all your ducks in a row. ~Wings