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Berta

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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?

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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  • HadIt.com Elder

Remember the "Tiger Teams" what happened to them? They were supposed to speed up claims. I bet they are just another holding area for claims so VA can say they did something while doing nothing of consequence.

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  • HadIt.com Elder

Wings, I have to say you and Betty have been very helpful in guiding me along. Just in the last couple of months I am light years ahead of where I was. I had surgery on my foot and from what I read at the BVA I could be 20% to 30% for the left ankle if they decide in my favor. Reading the BVA decisions it would seem that 10% is too little and 40% is too much. Many claims in excess of 40% could be avoided if the Vets new the 38 CFR and knew that the VA will not go that high unless you have no use for the foot, like a stump basically. PTSD is a lot harder in my mind for people as with the warrior ethos very few of us would openly admit we need help, even if we see are lives falling apart around us.

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  • HadIt.com Elder

If you are sure your claim is at the AMC at Huntington, West Va.

Here is the fax number of the case worker who helped me to get

my medical information to the rater.

FAX TRANSMITTAL SHEET

To: Joey

Case Worker

From:

Date -

SS#

Telephone Number ( Yours)

FAX NO. : 1- 304 - 399 9358

SUBJECT:

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