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.

[Pete53]

Berta:

Save your money a fax is not the answer. You are ding it correctly have no doubt about that.

I am with Wings a Hearing would require a Hearing Officer to addrss your evidence and will be taped and transcribed.

Paper evidence is the answer. Combine that with a Hearing and you are golden.

[allan]

Berta,

I'm so sorry to hear your still going through this. I know by experience how they serve us.

You cannot expect honest treatment of your claim from any VARO or the AMC since they operate the same.

Remands from the BVA are completely ignored. It doesn't matter what evidence the BVA points out, because their crooks. Their job is to steal from vets & their very good at it.

Ignoring favorable evidence, or refusing to acknowledge it exists is common practice. You can send them copies of evidence they sent you that is in your c-file and they will deny it stating theres no proof you ever requested a copy of your c-file.

Send in the same evidence again with a signed waiver. Putting your claim in the hands of the BVA to decide it, is the only way to get anything that resembles an honest evaluation of evidence. The VARO's & especially the AMC will not do it.

They don't operate by codes, fast letters or directives. Who would force them to? You? Me? Congress? Bush? Obama? Don't count on it. They answer to no one and they know it.

They also have no code of ethics. It's "deny until you die".

Move your claim out of the hands of the AMC as soon as possible & hang in there.

If you expect them to be completly dishonest, you'll be disapointed far less often.

[vet12]

Berta.

Hang in there. I wish you success.

Vet12

[Wings]

x

x

x

Berta, If you choose to go the BVA Hearing route, I will pay your Hotel bill for the first night. ~Wings

[broncovet]

Berta

I got my information from Bob Filner's website (he is the chairman of the Veterans committee)

http://veterans.house.gov/hearings/

I called the number at the bottom of the page, and they said, the hearing scheduled for Feb. 25 will probably be delayed and they are working on it. That was as of last week. I havent called them back, feel free to call Bob Filner, or the committee's office yourself. I trust Larry Scott..he has good information, but the person in Bob Filners office indicated the Feb. 25 "shredder" meeting will be delayed. Who knows..maybe they changed their mind and will hold it Feb. 25, after all.

Oh, and I agree with GuaymasJim..you have helped others, and I just want to help you, too. You deserve it. Thanks for all your help to Veterans.

Edited February 17, 2009 by broncovet

[Berta]

Thanks a lot- I just emailed Congressman Hall up here in NY- he is the Chairman of the Sub Committee that was supposed to be holding this hearing on Feb 25th.