Amc Defies My

[Berta]

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.

[Wings]

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Berta, I can only ask you again: why not demand a formal Hearing? ~Wings

[john999]

No doubt in my mind that the VA recognizes evidence it does not like and then often times will either lose it, ignore it or misinterpret it to suit themselves. It is not an accident, and all three events have happened to me over the years. The thing is why not? They suffer no consequences for these tactics. If they can delay long enough you die. I like the idea of a lawyer when you have a claim that has complex legal issues involved. When it is a matter of just filing out forms and sending in evidence I don't worry about that.

[Berta]

Wings if I had a face to face hearing with the VA I am afraid that my anger over their medical negligence that killed Rod as well as their continuous disregard for veterans and widows- would just overwhelm me and get me pulled out of the VA by a cop.

The VA called two cops on me already years ago because I punched the director's desk- but I didnt punch him-

A hearing for me would be much more then a few hours trip too-

I figured up today that my AO claim has cost me abput 400 bucks in 53 submissions of priority mail evidence-all ignored.Still that is cheaper,I think, than driving to the VARO (or taking a plane)and staying at the Raddison Hotel.

I am going to use phone, fax and snail mail to try to get this resolved.

I used faxes alot when the VA denied my past claims.

I never had a Fax put into my new computer because I never dreamed this claim would have gone on so long.I almost bought a Fax machine yesterday but

I just sent the AMC and the Seattle VARO free faxes by using Fax Zero.com. You can do it right from a PC with no Fax or phone set up- I am on sattelite internet access.

Only 2 free faxes a day but this web site makes it easy to do and confirms the fax was sent right away.

I wonder however if by faxing documents to the VA if this is a good way to get acknowledgement that they have them.

I have fax numbers for many RO directors and VSCMs if anyone needs a specific fax number-and a fax bypasses the horrndous VA mailing rooms.

[jbasser]

A lawyer cannot do any better...If the VA chooses to lose, destroy, or ignore evidence, then that is exactly what they are gonna do. It doesn't matter if the return address is Joe Vet, or Dewey, Screwem and Howe.

Shane your dead on. A lawyer will not do anything about a claim until it goes to the higher levels, BVA and Courts. Starting with an attorney at the RO level is a waste since the attorneys will not work the RO as the RO can and will blow them off.

J

[Wings]

Wings if I had a face to face hearing with the VA I am afraid that my anger over their medical negligence that killed Rod as well as their continuous disregard for veterans and widows- would just overwhelm me and get me pulled out of the VA by a cop.

The VA called two cops on me already years ago because I punched the director's desk- but I didnt punch him-

A hearing for me would be much more then a few hours trip too-

I figured up today that my AO claim has cost me abput 400 bucks in 53 submissions of priority mail evidence-all ignored.Still that is cheaper,I think, than driving to the VARO (or taking a plane)and staying at the Raddison Hotel.

I am going to use phone, fax and snail mail to try to get this resolved.

I used faxes alot when the VA denied my past claims.

I never had a Fax put into my new computer because I never dreamed this claim would have gone on so long.I almost bought a Fax machine yesterday but

I just sent the AMC and the Seattle VARO free faxes by using Fax Zero.com. You can do it right from a PC with no Fax or phone set up- I am on sattelite internet access.

Only 2 free faxes a day but this web site makes it easy to do and confirms the fax was sent right away.

I wonder however if by faxing documents to the VA if this is a good way to get acknowledgement that they have them.

I have fax numbers for many RO directors and VSCMs if anyone needs a specific fax number-and a fax bypasses the horrndous VA mailing rooms.

Berta, Please reconsider the Hearing. You could bring a brigade of military/veteran escorts. You have so much evidence that shows their total disregard for the Law ... It hurts all of us to see them TRYING to beat you up in the administrative law department, as they are clearly NOT playing by the rules. This by itself can cause PTSD. I understand your FEARS, rightly so, but at this point in the game, a face to face Hearing with all the evidence might bring the resolution you seek.

Berta, I wish for you and your late, beloved Vietnam Veteran, Peace With Honor. ~Wings

[john999]

If you have a claim with large potential retro the VARO will probably deny it regardless of your evidence. They just don't have the guts to grant large claims. I am talking about the 20 year retro and things that involve 100,000 bucks plus. Why should some claims examiner stick his neck out for that. Deny and let it go to the BVA.