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.

[free_spirit_etc]

The bright side is that the VA disregarding your evidence has told you one very important thing. That your evidence is very favorable - and should get your claim granted. If the evidence was not favorable, or if they could find some things to take out of context - they would have kept at least one copy.

Free

[broncovet]

Berta

I still don't know anything definite on the Feb.25 VA hearing on Shredded evidence being delayed.

It would not be the first time I talked to someone on the phone and got the information wrong..probably my fault..because I have a severe hearing loss.

I am just trying to help and I certainly did not mean to mislead you..if you called them and they said the meeting is still scheduled for Feb. 25, go with that as I am certain they have more accurate and up to date information than I do.

I want to present evidence at the hearing also. I agree with you that the RO's shredding our evidence and then denying our claims is not only unacceptable but it is illegal and should not be tolerated. Let me know if there is anything I can do to help..I am even considering a trip to DC to present my evidence at the hearing..especially if I know that you will be there to do the same.

If it is a help, I would like to let you know the evidence I have. Ms. Alford, Cleveland VARO manager, testified to the CAVC she "did not hear" from me from March, 2004, through January, 2007. However, I have Statements in support of claim, stamped received by the RO during the alleged "blackout period". This is because I ordered a complete C file and I actually have copies of documents that were shredded. The evidence is strong..either the RO manager perjured herself, or the evidence disappeared from the file, while in RO custody. Currently these documents are at my attorneys office and I am hoping to get them back before the hearing even if I have to drive the 2 hours to get them.

Edited February 18, 2009 by broncovet

[Berta]

Broncovet-please dont feel that you gave us misleading info-

I just heard from Mike Davis by email (he is Director of VCV,ltd-I am member but not a VCV)

Vietnam Combat Veterans, ltd.

He was asking me to pass word on whether anyone can meet up with him in DC for this hearing-

but his info is that it is March the 3rd! He said he got that info from the H VAC web site-yet what I got at the site is exactly what Congressman Hall's office told me-

Mike made a good point-he said they seem to even be 'mishandling' their communcations on this hearing-

when I find out more I will let all know-

Not your fault at all-

[tssnave]

Berta,

I read your testimony earlier - over 50 postal receipts!!! YIKES!!! The VA ought to pay you .10/page for everything you submitted. Thanks for your testimony.

Good luck with your claim. My hope is with the national attention your testimony brought the VA will properly review your evidence and award your claims(s).

Hang in there and keep us posted,

TS Snave

[mrsvet28]

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.

I agree- call em till they know your name--I once had a supervisor put through to apologize while waiting 4 years for DRO hearing- you are familiar with our scenario with them thru my posts-now the BVA and the AMC remanded the claim back to the RO- to set up ANOTHER CP EXAM- 2 ACTUALLY --and noone one can find the c-file--I've called a few times- had attorney call-

supposedly it was being sent out early Jan. - its now March nothing--but I am on it--

and have triple copies!!

We just gotta keep on keepin on--I wish you luck-go get em' Mrs. Vet

[Stretch]

They are going to listen now. It is a matter of congressional record.