Dav, Keep'em Or Fire'em?

[Domepeace]

All,

I have a claim pending in D.C. (BVA). This claim has been ongoing since 2004. I call D.C. to ask what the hold-up is and they tell me that my file is with DAV in D.C. and BVA is waiting on DAV to review it and send it back to them for a rating decision.

I call DAV in D.C. and they tell me they are back-logged and it will take about nine months for them to get to my file. I'm wondering should I fire DAV and have my case decide ASAP? Mind you, when I looked at my c-file, DAV pretty much regurgitated what I had researched and written in my statement. It appears that DAV is not really adding to my case.

I'm not sure if I can even fire DAV and get them to send my file back to the BVA. This whole situation was brought on because I also have two cases at my RO; in which they said via letter that they do not have access to my file because it is stuck in D.C. They also said I would have to wait until my claim in D.C. is finished before they can proceed on my RO cases. Any comments would be appreciated.

Thanks,

Domepeace

[Stretch]

MikeR

The AMC (Appeals Management Center) is not there to deny. Claims go to the BVA, the BVA remands to the AMC for development, and then the AMC sends it back to the VARO for C&P exams and rating.

The AMC manages appeals it doesn't approve or deny them. The AMC can make an instant grant in rare cases.

[MikeR]

MikeR

The AMC (Appeals Management Center) is not there to deny. Claims go to the BVA, the BVA remands to the AMC for development, and then the AMC sends it back to the VARO for C&P exams and rating.

The AMC manages appeals it doesn't approve or deny them. The AMC can make an instant grant in rare cases.

Stretch, You may be right, however I have a SSOC from the AMC in my possession that states that they deny my claims. It is now going to the BVA. I am not making this up.

[carlie]

I'm not sure if I can even fire DAV and get them to send my file back to the BVA. This whole situation was brought on because I also have two cases at my RO; in which they said via letter that they do not have access to my file because it is stuck in D.C. They also said I would have to wait until my claim in D.C. is finished before they can proceed on my RO cases. Any comments would be appreciated.

Thanks,

Domepeace

Dome,

I found more accurate info that I had posted in another thread.

Hope this helps.

carlie

http://edocket.access.gpo.gov/cfr_2008/jul...8cfr20.1304.htm

An appellant and his or her representative, if any, will be granted a period of 90 days

following the mailing of notice to them that an appeal has been certified to the Board for

appellate review and that the appellate record has been transferred to the Board,

or until the date the appellate decision is promulgated by the Board of Veterans' Appeals,

whichever comes first, during which they may submit a request for a personal hearing,

additional evidence, or a request for a change in representation.

[vaf]

It might be more accurate to say that the AMC does not have the final word on a Board remand, but it most certainly denied the claim in an SSOC my husband recently received.

We're viewing this as the AMC's recommendation to the Board as to whether to grant or deny the claim. We immediately filed an NOD citing legal grounds and ways that we thought the VA ignored their own regulations, etc., as well as several Board decisions that upheld our position. We sent it both to the AMC and the Board, and have not heard anything since we received the SSOC last November.

But the AMC absolutely states whether the VA denies or grants a claim, at least at that level.

[MikeR]

It might be more accurate to say that the AMC does not have the final word on a Board remand, but it most certainly denied the claim in an SSOC my husband recently received.

We're viewing this as the AMC's recommendation to the Board as to whether to grant or deny the claim. We immediately filed an NOD citing legal grounds and ways that we thought the VA ignored their own regulations, etc., as well as several Board decisions that upheld our position. We sent it both to the AMC and the Board, and have not heard anything since we received the SSOC last November.

But the AMC absolutely states whether the VA denies or grants a claim, at least at that level.

That has been my experience, can you send me the language you used for the NOD. It would be greatly appreciated.

Mike

[vaf]

That has been my experience, can you send me the language you used for the NOD. It would be greatly appreciated.

Mike

Mike, I sent you the information via PM just now. Please let me know if I can do something more to assist.

V-