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.

[Berta]

VAF- we have De jevu!

I irised the VA to CUE this decision-I gave them until Wednesday and filed it as a complaint.(so they would possibly read and respond to it sooner than regular claims question-

The last time I asked VA to CUE itself brought me a response via Iris with days and they did CUE their decision.

I also recalled in 1996 (when I really didnt have much of a Clue on VAola-I asked the VA to CUE themselves and that resulted in a proper decision on something in 3 weeks.

[Berta]

Forgot to add VAF-Thank you for that decision-I also need to find all the wonderful AMC numbers that Josephine has posted here-

Only when I got on the phone and called VACO and persisted and then held on until I got the right person was one of my past other 2 claims decided in 1997.

I actually just got out an old Writ of Mandamus I sent to COVA in 1996- the Writ was denied by the Court (COVA) but when RO got a copy of the writ and I relentlessly had called VACO- all of a sudden the claims were awarded.

I wish I could send in the Mandamus Writ on Tuesday-but I have to await some response from the AMC-

I could write this writ in my sleep!

A writ of mandamus must ask the court to direct the BVA or RO to do something that the claimant has no legal means to do or the claimant has exhausted all means- to do it themselves.

Since I would surely not be allowed to go into the AMC and teach them all how to become literate and since I am sure the AMC would not allow me to search every desk, file cabinet and shredder bin in the whole place, to find my evidence- I do not have the means to get them to address the remand myself and would therefore request that the CAVC ask them to read the remand and find my evidence.

I do expect to get somewhere.

What gets me is the considerable time this stuff takes to do-and of course my ink and/or my paper usually runs out in the middle of doing anything important to my claim.

[Berta]

PS again- I am sure that you have these AMC numbers- but just in case-

"The Appeals Management Center's phone number is: (866) 258-0341. The AMC Service Center Manager is Joseph R. Beaudoin and his direct phone number is: (304) 399-9216. I believe the AMC is located in Huntington WV. Hope this info helps. from Marinevet" past topic under search of hadit

"If you call this number, this lady will review your entire claim with you and she will also tell you of the decision.

AMC Director Russo's office. 1- 202- 530- 9455 "-from Josephine

When I called her Friday she said they did not have the files back from the Seattle RO yet but the decision letter is on the AMC letterhead-and the AMC itself said the files were returned there on January 23rd after being farmed out to the Seattle VARO for 5 days.

Sent Jan 19th for decision-,returned Jan 23rd-

That just goes to show that House VAC testimony from NVLSP, NOVA etc is so correct-

The VA is denying as fast as they can without any regard at all for the evidence.

Tuesday AM I will be calling Mr. Beaudoin.

[Wings]

x

x

x

Berta, You are close to Washington DC ... Demand a Hearing. Formal. Sworn. Recorded. ~Wings

[broncovet]

Berta

I am very sorry for your trouble..I can say that because, I have had documents shredded also...evidence that WOULD HAVE weighed heavily in my favor.

The address for the Feb. 25 "Shreddergate" hearing is as follows:

House Committee on Veterans Affairs

335 Cannon House Office Bldg

Washington DC 20515

ATT: Bob Filner

Also, I may mention that when I called the above, I was told that the Feb.25 meeting was being rescheduled for another date, that it probably wont occur Feb. 25.

This address is for you/other Veterans who have had documented evidence of shredded claim evidence, as I do. I also have documented evidence that the Cleveland Regional Office "Faked" dates on my claim.

[free_spirit_etc]

I am finding more and more that the keys to winning are in the evidence they choose to ignore. It is not so much they can't read or don't read. They know exactly what evidence to ignore.

Free