Amc--is This Another Sham By The Va?

[Guest William Goss]

I went to law school (quit when I became an upper classman) and did very well in the course on preparing law briefs.

Consequently, my briefs in my VA claim are very thourough.

After 3 and 1/2 years my case hit the BVA and was remanded because my SSA decision was missing from the VA file. I submitted a copy of the SSA decision which I originally obtained from the R.O (with their stamped number on it). They refuse to accept my copy, stating that other vets have forged the document on their computer.

At the BVA hearing, I requested to camcord the hearing, and after a twenty minute delay, I was allowed to record the hearing (by the way, it is recorded that much of my evidence has been ignored and lost).

Of course the case was remanded to the AMC--very rude people--and even though, it is past the suspense date for the SSA records to have been obtained by the AMC, they don't care.

I fear that there is now going to be a merrygoround between the BVA and the AMC--waiting for me to die (65 years old and cancer survivor).

Remarks and help would be appreciated.

Bill Goss

Edited September 16, 2005 by William Goss

[john999]

Bill

Even the best laid claims can go astray when dealing with the VA. Try to keep this claim local if you can, so you don't get into the BVA remand cycle of death and rebirth. Bad Karma. The VA can screw around with the remands for years and every trip to the BVA is a couple of more years off your life.

[Pete53]

Amazing all it takes is a telephone call to verify records.

[john999]

When I filed my claim for AO the VA would not process the claim until they got a copy of my DD214. I was already TDIU. If the VA does not have a copy of my DD214 after 34 years of being service connected who should??? I had a certified copy so I hand carried it to the VARO to get the claim going. How could they have granted TDIU without a copy of my DD214? Too lazy to look in my C-File. They never got my SSA records or requested them. I had to hand carry a copy of my Disability retirement from the post office because they were waiting for a copy from the department of personnel management. That would have taken months. I live close to the VARO so I was able to constantly moniter the progress of my claim and take immediate action if they stalled out over some paperwork BS.

[Magoo_Mr.]

I went to law school (quit when I became an upper classman) and did very well in the course on preparing law briefs.

Consequently, my briefs in my VA claim are very thourough.

After 3 and 1/2 years my case hit the BVA and was remanded because my SSA decision was missing from the VA file.  I submitted a copy of the SSA decision which I originally obtained from the R.O (with their stamped number on it).  They refuse to accept my copy, stating that other vets have forged the document on their computer.

At the BVA hearing, I requested to camcord the hearing, and after a twenty minute delay, I was allowed to record the hearing (by the way, it is recorded that much of my evidence has been ignored and lost).

Of course the case was remanded to the AMC--very rude people--and even though, it is past the suspense date for the SSA records to have been obtained by the AMC, they don't care.

I fear that there is now going to be a merrygoround between the BVA and the AMC--waiting for me to die (65 years old and cancer survivor).

Remarks and help would be appreciated.

Bill Goss

<{POST_SNAPBACK}>

-------------------------O---------------------

Bill:

I think that I have read most of your posts ... and I do tend to get bit confused at times too ??

But, I am still confused as to .. what you are really trying to do ??

Are there any more specifics that you can give .. so someone can give you more helpful info. ?

The people that were helped the most on this board .. were the ones that laid out a lot of background and a plan of ...

(1) What has happened to them to date ...

(2) Where they were in the VA claims process ...

(3) And what was their ultimate goal in their VA claims process ...

I hope that you do not think that I am pushing you .. but I have seen many helped on the board .. but, they had to be a bit more specific in what their needs were.

There is a lot of hidden brain power on this board .. and they tend to respond to direct questions ... with as much background info as possible that you can give to help guide them.

Over the years ... I have seen .. what was said to the veteran as an .. "unwinnable case" .. won at the 100% level.

Magoo .. ... aka Bill ...

Edited September 17, 2005 by Magoo_Mr.

[Guest Berta]

Bill- as a Pro se attorney myself, I understand your point- but the biggest problem with the VA is that we have NO rights of Discovery and as you know everyone does in any civil court of law.

I have griped to the VA about this specfic facet of claims law which is highly deficient. I see it as a continued violation of our most basic civil rights, in the area of VA claims.

One of my vets just won a CUE that VA called on itself- I think it was the AMC that caught it-

then again one of my other vets- the AMC failed to consider his most probative medical opinions.

This is the sameo AMC jurisdiction in each case-both Western NY vets.

so figure that-

Maybe my response here in claims under 38 USC 5107 (a) Duty to Assist will help you.

Between you and me it was by far MUCH easier for me to sue the VA and succeed-without an IMO or attorney-I represented myself-

aagainst the VACO and General Counsel in Washington than

to get the VAROs to comprehend VA law and regs and to get them to read claims and evidence properly.

I filed and succeeded on an Administrative Review-at VA Central Office

with you background this could be one more avenue of approach for you. Keep that in mind but - in the meantime-

The SSA should be able to provide you, with their letterhead attached to it, a dated letter enclosing the IMO (independent medical opinion) that SSA did which lent to your SSA Award.

You SSA files might well still be in the local SSA office where you filed them or at the BAltimore depository.

You know- it is a capricious and arbitrary abuse of power for VA to suggest a veteran forged something. I think they are pretty ancy over the PTSD claims reviews that the Commission has decided to do-because---

if anyone takes the time to read all available literature about this new Commission-it shows me that only wannabees have to worry and I fully believe VARO employees who have read the commission literature are scared to death over the way the Commission might view their overall claims work.In addition to PTSD claims decisions in the last 5 years.

Anyone who is keeping up with this and reading all the info will see what I mean.

It is the first chance if any independent oversight of VA we have ever had.

The PTSD wannabee part of their work is really just a very limited portion of

the Commission on Veteran's Disability's intent.

Edited September 18, 2005 by Berta

[Pete53]

I am afraid that the AMC is the biggest VA scam of them all.