Berta -- Varo - Bva - Amc

[carlie]

I just opened a packet from the BVA.

The main problem now.

"In May 2006, a hearing was held before a Veteran's Law Judge, who made

the June 2007 decision and remand. A transcript of that hearing is in the record

and the Veteran has been furnished a copy.

That Veterans Law Judge who presided over that hearing has since left the Board.

The Veteran should be notified that she is entitled to have a hearing before a sitting

Veterans Law Judge and offered the appropriate options.

Accordingly the case is REMANDED for the following action:

1. The AMC should review the additional evidence submitted by the Veteran and readjudicate her claims in light of the evidence added to the record. If any benefits sought on appeal remains denied, the appallant should be provided a supplemental statement of the case (SSOC).

An appropriate period of time should be allowed for response.

2. The AMC should inform the Veteran of her options for another hearing. Although another hearing is not required, if she chooses to have another hearing, the AMC should forward the case to the appropriate office to make the arrangements.

WTF - these jerks have had my claim so damned long.

The BVA Hearing I had May 2006 only took two damned years to get.

I truly do not understand these flipping jerks and how after all this time they can now pull this sheeeeeeet !

HELP - I'm loosing my mind.

I don't even know where to start.

Who should I contact ? ? ?

carlie

[Berta]

Carlie- it is like the same rigamorale I got- remand, to AMC- AMC sends stuff to Seattle VARO- comes back and still NONE of my evidence has been read at all.

But yesterday I got an exact status of my case from the BVA. The COngressional Inquiry from Congressman Filner is following my claim and unlike other COngressial inquiries-this is because of my H VAC testimony-

Also they confirmed receipt of some evidence which the AMC cannot seem to do.The AMC transferred my claim back to BVA without waiting for the full 60 day period and I raised all sorts of hell on that-

Here is the Fax number that the BVA gave me- they said put Claims Team # 3 on it-but someone there should respond to your fax as to why this is happening to you

1-202-565-6364

BUT meantime: HOLD them to all of this-

1. The AMC should review the additional evidence submitted by the Veteran and readjudicate her claims in light of the evidence added to the record. If any benefits sought on appeal remains denied, the appallant should be provided a supplemental statement of the case (SSOC).

An appropriate period of time should be allowed for response.

2. The AMC should inform the Veteran of her options for another hearing. Although another hearing is not required, if she chooses to have another hearing, the AMC should forward the case to the appropriate office to make the arrangements."

They obviously have received additional evidence from you.

The BVA can read.

The AMC only reads what it wants- I suggest that you get an Iris confirmation of this evidence.

I really dont think most hearings are needed when a vet can get them to read the evidence and weigh it properly-but we cannot always take that chance-

Go back to the original VCAA letter and see if you have provided what they asked for as evidence-

if you get a SSOC and not an award attack the SSOC in every way you can.

The dopes (AMC via Seattle ) listed as evidence a letter I sent to the AMC director.The letter was for a confirmation that they had received my evidence.

My evidence AGAIN after 6 years was not listed at all and completely ignored.I charged them with destroying it.

BVA 1-202-565-5436 ,BVA ombudsman@va.gov,

Fax BVA 1-202-565-6364

AMC 1-866-258 0341

(I have AMC fax number too -will have to look for it-and you need to be aggressive when dealing with the AMC.They have some idiots answering their phone.)

But There is nothing you can really do yet on this remand-

In my case the AMC defied the terms of the remand so I myself took the time to do what the remand wanted VA to do-

I also set up all of the prejudicial errors in a fax to the BVA last week-

so that they stop spinning on their thumbs.

But it all boils down to one single thing-

Evidence

If w have probative unrefuttable evidence or at least evidence for the claim as good as theirs against the claim

-then all we have to do is live long enugh to get that award letter-