Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Appeals Management Center (amc)

Rate this question


Wings

Question

  • HadIt.com Elder

January 31, 2009

RE: 397/AMC

CC: Board of Veterans Appeals

VA File No. xxx-xx-xxxx

BVA Docket No. xx-xx xxx

First Name Last Name

Sreet Address

City, State, Zip code

Tel. Number

Department of Veterans Appeals

Appeals Management Center

1722 Eye Street NW

Washington DC 20421

First Name, Last Name, Pro Se

NOTICE OF DISAGREEMENT (NOD) (6 pages)(evidence attached)

OK, I left it on the web long enough. I work hard to keep my ID protected on the internet. ... I don't like those internet spiders that crawl the web for free information. Thanks everybody for your comments and positive vibes!! ~Wings

Edited by Wings

USAF 1980-1986, 70% SC PTSD, 100% TDIU (P&T)

Link to comment
Share on other sites

  • Answers 87
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

  • HadIt.com Elder

x

x

x

They made the Decision too quickly. If it were an Award, they would have taken their sweet time about it, and dragged their heels ... I'm almost certain they never even read my REbuttal to the AMC (with evidence), and they almost certainly "lost" the first two "certified" mailings.

Most likely, I'll be asking the BVA to reconsider. I'll have to read the Regulations. This time around, I think I am going back to my PTSD Counselor, and see if she'll write an IMO, that I was PTSD coming out of the service, and remained Chronic. Otherwise, the VA will call it "late onset".

I really wanted to stay on their good side LOL, but my astrology for the year, says to "settle" important legal disputes as quicly as possible this year, or else I will incur strong opposition from my opponants ;-) ;-) ~Wings

USAF 1980-1986, 70% SC PTSD, 100% TDIU (P&T)

Link to comment
Share on other sites

Hi Wings,

I just read this and need to get a cup of coffee and read it again - s..l..o..w..l..y..

but it looks for sure that they are going to have to re-adjudicate the effective dates.

carlie

Carlie passed away in November 2015 she is missed.

Link to comment
Share on other sites

  • HadIt.com Elder
Hi Wings,

I just read this and need to get a cup of coffee and read it again - s..l..o..w..l..y..

but it looks for sure that they are going to have to re-adjudicate the effective dates.

carlie

Carlie, I need another cup of coffee too! In any case, I should get a decision next week. What color is the winning envelope lol! ~Wings

USAF 1980-1986, 70% SC PTSD, 100% TDIU (P&T)

Link to comment
Share on other sites

"They made the Decision too quickly. If it were an Award, they would have taken their sweet time about it, and dragged their heels ... I'm almost certain they never even read my REbuttal to the AMC (with evidence), and they almost certainly "lost" the first two "certified" mailings."

Yeah they do that- they received my rebuttal within the 60 day period at 11:30 AM (forget what date) per the USPS tracking email notification of delivery stuff and theyimmediately shipped it off to BVA hours later.

Theye never read a thing.

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.

Link to comment
Share on other sites

  • HadIt.com Elder

I don't know if a IMO would do any good since with CUE neither you, nor the VA, can add to or subtract anything that was before them at the time of the final decision. Have you thought about getting a lawyer to look this thing over and argue the case? It is good to have a very objective set of eyes on these claims. The VA will dig in and drag their heels all the way since it means lots of retro. I am asking for about 30 years of retro. I am surprised they did not punch my face and hit my lawyer with a chair. I think from a gut level they did you wrong and they owe you. The military owes you and the VA owes you at least morally even if you can't collect from both.

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • kidva earned a badge
      First Post
    • kidva earned a badge
      Conversation Starter
    • Lebro earned a badge
      Week One Done
    • spazbototto earned a badge
      Week One Done
    • Paul Gretza earned a badge
      Week One Done
  • Our picks

    • These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

      Effective Dates

      Martinez v. McDonough (2023)
      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

      Rating Issues

      Continue Reading on HadIt.com
      • 0 replies
    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
×
×
  • Create New...

Important Information

Guidelines and Terms of Use