Amc Rebuttal By Wings

[Wings]

x

Edited January 27, 2009 by Wings

[Philip Rogers]

Wings, as I responded to you, I feel it is "most excellent," however I didn't confirm the citations. My personal feeling is that the AMC will just refer it back to the BVA, as it's to "legalese" for the AMC. I feel the only time the file is completely reviewed is at the BVA and in your case, most would be overwhelmed by your expertise. BTW, being a perfectionist, everytime you read it you will find room for improvement. Sometimes ya just gotta let go. I feel it's an absolute winner and I'd request TDIU back to the original date of claim or day following discharge, if claim was within one yr, which if I recall correctly it was. jmo

pr

[Berta]

Wings-I read the original post you had here but wanted to print it off and re-read it- and then I couldnt find it-except for a deleted post-

I thought it was very well prepared and it made sense!

I too used VA legalise in my response to the AMC.

But many of us have prepared our stuff well and still the VA misinterprets our responses.

In my response to AMC-I Captioned it as in Three Parts.I focused first on the fact that the BVA had noted the VA had not considered any of my medical evidence-and I enclosed much of it again-and even some additional stuff they might have lost.(I scanned and inserted that part of the actual remand )

Then separately I used in Part Two - legal citations etc to support my claim under a legal argument.

Part Three -I then referred to the Nehmer decision in case I die before award,they have to award my beneficiary part of the offset award so I gave contact info.

But it took me some time to determine how to shape the response I made-I wrote it 3 or 4 times and I know this is what you are looking for-

-the best format possible to get them to comprehend your points.

I still believe Page One of anything to VA, or the BVA or the I-9 or the AMC should state what you want from them and directly refer to the evidence-by identifying it on the first page and expanding on it within the rest of the response.

My AMC response started right off the bat with 'The VA failed to consider ANY of my medical evidence in the past 5 years and 9 months since filing this claim.'I then referred them to the Exhibits enclosed of this evidence.Just in case it suddenly was missing.And to the BVA statement that it had never been addressed yet.I also asked for expeditious treatment.

I managed to get this all on the first response page.

My response to VARO on my CUE claims was the same statement except it was legal and not medical evidence.

I had listed the evidence right on the DRO Election form and then referred to that legal evidence again.

Whether CUE or regular claim- I think that first page is critical when we prepare it.

It should contain what we claim(that CUE was made or disability rating or TDIU), and then right away state WHY we are entitled to a favorable outcome of the CUE or why the disability claim should be awarded and why their decision is wrong.And then expand in additional pages.

I will certainly read anything you post here on the rebuttal you are making.

What we want and why they are wrong and then WHY we should be awarded the claim-

not always easy to condense into the first page but worth trying to get it there and expanding on it in the additional pages.

[john999]

When I wrote my original CUE I cited a bunch of cases I found in the VBM to back up my claim. The VARO simply stated their was no CUE and denied my claim. That is when I hired the lawyer. The VA did not discuss even one citation to dispute it, or argue it. They just stamped it "denied".

[mitchell3006]

Wings,

Sorry about that. I missed the original post or I would have tried to give it a once over at least. With a law enforcement background I am usually pretty good with legalise. When you repost I will try to give it a check.

Mark

Edited January 29, 2009 by mitchell3006

[Wings]

Wings, as I responded to you, I feel it is "most excellent," however I didn't confirm the citations. My personal feeling is that the AMC will just refer it back to the BVA, as it's to "legalese" for the AMC. I feel the only time the file is completely reviewed is at the BVA and in your case, most would be overwhelmed by your expertise. BTW, being a perfectionist, everytime you read it you will find room for improvement. Sometimes ya just gotta let go. I feel it's an absolute winner and I'd request TDIU back to the original date of claim or day following discharge, if claim was within one yr, which if I recall correctly it was. jmo

pr

PR Thanks, I was thinking along the same lines: changing the ISSUE from EED to TDIU, but it's gonna take some thought! They've given me 30 days for the Rebuttal, and since it was sent 1-13-09, I haven't much time! The more I write, the more they have to read, and I know they really don't like to read our appeals LOL! HUGS!! ~Wings

[Wings]

Berta Wrote, Jan 29 2009,

Wings-I read the original post you had here but wanted to print it off and re-read it- and then I couldnt find it-except for a deleted post. I thought it was very well prepared and it made sense! I too used VA legalise in my response to the AMC. But many of us have prepared our stuff well and still the VA misinterprets our responses.

In my response to AMC, I Captioned it as in Three Parts:

Part I. I focused on the fact that the BVA had noted the VA had not considered any of my medical evidence-and I enclosed much of it again-and even some additional stuff they might have lost.(I scanned and inserted that part of the actual remand);

Part II. I used in legal citations etc to support my claim under a legal argument.

Part III. I referred to the Nehmer decision in case I die before award, they have to award my beneficiary part of the offset award so I gave contact info.

But it took me some time to determine how to shape the response I made-I wrote it 3 or 4 times and I know this is what you are looking for - the best format possible to get them to comprehend your points.

I still believe Page One of anything to VA, or the BVA or the I-9 or the AMC should state what you want from them and directly refer to the evidence-by identifying it on the first page; and after that, expanding on it within the rest of the response.

My AMC response started right off the bat with: "The VA failed to consider ANY of my medical evidence in the past 5 years and 9 months since filing this claim."

I then referred them to the Exhibits enclosed of this evidence. Just in case it suddenly was missing. And to the BVA statement that it had never been addressed yet. I also asked for expeditious treatment. I managed to get this all on the first response page.

My response to VARO on my CUE claims was the same statement except it was legal and not medical evidence.

I had listed the evidence right on the DRO Election form and then referred to that legal evidence again.

Whether CUE or regular claim, I think that first page is critical when we prepare it:

It should contain what we claim (that CUE was made, or disability rating, or TDIU, etc.), and then right away state WHY we are entitled to a favorable outcome of the CUE or why the disability claim should be awarded and why their decision is wrong. And then expand in additional pages.

I will certainly read anything you post here on the rebuttal you are making.

What we want and why they are wrong, and then WHY we should be awarded the claim-

not always easy to condense into the first page but worth trying to get it there and expanding on it in the additional pages.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Berta, I agree with you 100%!! I don't know how to condence this argument into a paragraph. I don't know how to ask for what I want, because I don't know the llaw can support it. Let me work on this for a couple of hours, and post it for some feedback. I do need Hadit's help now, and I appreciate your advice! ~Wings over and out!