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Amc Defies My


Berta
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Question

Apparently my evidence has been destroyed (AGAIN)

In spite of the fact that the BVA acknowledged in the Sept 2008 Remand that none of my medical evidence to include my 3 IMOs have ever been address by VA (filed this claim Feb 2003)

The AMC completely ignored it.I just got their decision.

The VA examiner was a Physician's assistant and his statements indicate he did not have any of the medical evidence.Even if he did- his opinion was outweighted by my 3 IMO doctors anyhow- but of course those IMOs are now gone again.

At first I cursed for 2 hours when I got the decision-my PC sat dish was full of ice and snow and that just melted so I could not even gripe on line.Then it occurred to me that the Shreddergate hearing is set for Feb 25th.

I have proof with this decision that in spite of the October Incident FAst Letter and in spite of the pending H Sub Com hearing and the IG audit that revealed VA had destroyed critical evidence from claims files-

even the AMU is unconcerned as to whether our evidence ever gets read.

They said they had not received this evidence in OCtober.

The Evidence listed is a letter I sent to Russo-SMC Director- on Nov 10th asking that this evidence be found and used for the claim. <_<

Most of this evidence also came from the BVA with the remand.

It is gone.

I am charging the VA with shredding it- they might as well have shreddered it because -if they dont acknowledge evidence,obviously it has no value to them to retain.

I can prove tham since February 2003 when I first started to send evidence, NONE of it -a very large stack by now- has ever been addressed at all by VA- except the BVA

specifically noted this in their remand.

This will be fun-

I have prepared a letter to the new Secretary,to the IG, to H VAC, and to the Sub COmmittee on investigations/oversight-

this comes on the heels of past letters I wrote to them as to the socalled "October Incident" an isolated event per the VA- Isolated my butt-

SHreddergate is NOT public info yet-only vets who are on the net are aware of it-the IG report has not been publically released yet.

Only Regional Offices got the Fast Letter # 08-41.I bet even many vet reps are unaware the VA was caught shredding critical claims documents-

A veteran advocate told me the other day that he had contacted VACO and they have not implimented the fast letter provisions nor did they seem to have a clue as to what to do about the fast letter. I found nothing yet at th Fed Reg site nor has M21-1 been changed to impliment a procedure to deal with claimants whose evidence has disappeared from the VA -to the detriment of their claims.

That fast letter should have been sent to every single vet or widow-in my opinion- whose claim was denied by the VA.

If probative evidence that supports your claim is ignored completely by the VA and never even listed in the Evidence section of your decision-you are-

more than likely- a victim of shreddergate and the VA has lost, misplaced or destroyed whatever you sent.

Although the AMC told me they had the complete record on January 12th-ready to decide- my call to them Friday revealed the claim is still in transit.

How did they decide it if it was in transit?

Because they were not going to consider my medical evidence anyhow.

Many when the October incident becomes public there will be more vets and widows who will take the time to aggressively complain.

The only way I succeeded in my past claims- when the VA did this same thing to me regarding my evidence was to get tough and use the phone and mail and contact anyone I could in the VA system who would listen.

it worked then and it will work again.

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Good for you, Berta, It is a darn shame the different branches of the VA can get by with destroying our evidence.

You taught me well.

Always,

Betty

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i went to get my travel pay and there was a woman who should have been in a large bed somewhere on a diet. she was so big she could hardly breathe and had a hard time reaching to get the document out of the machine. her hips were drooping of the side of the chair almost to the ground. she was talking on the telephone for thirty minutes to who knows before she acknowledged i was even there.

she almost got out of breath just reaching for the document i am not criticizing her for her apparent disability,but i think people like this are not capable of doing an good job .

i have the feeling that is what is happening at all these offices of the different va installations. these people get these jobs and they are not healthy enough to do them and the load is too much.

when they get overloaded they have to do something to cover their inability to do the job. i am not against hiring people with disabilities ,but there should be some oversight as to what the person is capable of doing.

you see them all the time and wonder how do they function and take care of business?

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Betty (Josephine) In my eyes you are a Hero!

I regret the rigamorale you went thorough with the ROs , the BVA, and even with the AMC-

It takes a Hero to NEVER give up- I have learned plenty from YOU!

And you have inspired me more than words can say.

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The AMC ignored my BVA remand letter also. Ignoring evidence seems to be common.

I ve been to the AMC in DC and I was not impressed, there was no one at the reception counter when I arrived, I waited about 20 minutes and a man with my c file copy came thru the door from the outside and gave me my file.

My claim sat for about 14 months in a file room with no one working on it. I made contact with an American Legion SO at the AMC in DC, not my SO, but he said he wanted to help because of the length of time I had been waiting, he found my file blew off the dust and started it moving thru the system again.

Happy Trails

Paul

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Old radio/tv program: "The Shadow" Started program with--"Who knows what evil lurks in the hearts and minds of men?----the Shadow do!" Today's version: "Who knows what evil lurks within the VA Regional Offices?----the Director doesn't!!!" **There is no doubt in my mind that many as well as you, have very probably fell victim of the shredder. I just do not accept that claim's evidence has been lost--not with C-numbers/Social Security numbers. This has to be flagrant destruction of evidence by employees to diminish their claim load. In closing, again I have to believe that most all Vets/widows/claimants know and understand the the importance of placing a C-number/ Social Security on "each page" of every piece of document submitted. However, the shredder is not perfect--it eats evidence/documents with or without claim numbers.

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Berta, you and we are in somewhat the same situation with the AMC's (mis)handling of a BVA remand. We included the following statement in our response to an AMC claim denial that sounds like it was flawed along the same lines as yours was. In our case, they either listed evidence but never discussed or explained why it didn't impact the decison, or they never listed it (and subsequently never discussed it) in the first place.

"The AMC has overlooked or improperly rejected evidence as described below. VA is required to consider all the evidence of record, including medical records and all pertinent lay statements. See Harder v. Brown, 5 Vet App. 183 (1993). The Board of Veterans Appeals cannot rely only upon evidence it considers to be favorable to its position. It must base its decision upon all the evidence of record. See Smith v. Derwinski, 2 Vet.App. 137,141 (1992) citing Willis v. Derwinski, 1 Vet.App. 63, 66 (1990). The Board of Veteran’s Appeals’ failure to address evidence in its decision is indicative of whether it considered such evidence. See Douglas v. Derwinski, 2 Vet.App. 435, 440 (1992)."

Ask for a reconsideration, copy both the AMC and the Board. I believe this is grounds for asking the VA to CUE itself, but at any rate, it's worth a try. In our case, the AMC sent the denial recommendation back to the Board, who in turn, sent it back to the VARO for reasons of which we are not clear (hopefully, to clear up some challenges we presented in our response to the AMC claim denial). We have not yet heard back from the Board, so this is still pending. Hopefully, I won't have to file my second Writ of Mandamus request over this remand, which is now eight years old. We had to do that early last year just to get the AMC to move on it, even though it ended up in a denial.

I hope this helps.

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