ptsd Grrr - I Got Another Rubber Stamp Denial

[akwidow]

AMC came through with a SSOC in todays mail. Once again, I am denied for DIC.

They did not list my evidence. (spoilation?) Rubber stamp again!

They did not address my issue - that PTSD contributed to my hubbys death. (denial made while not condiserating my position)

As an aside, they mentioned the DVD I sent them with the second set of papers but did not list the evidence, and never mentioned the original documents I sent...(spoilation?)

I have thirty days to respond, which I will, with the full gamut of information I have already supplied. They said if I do not respond within 30 days, they will send the file back to the BVA. Is that good for me or bad?

GRRR I am angry.

Should I ask for a reconsideration, or make a NOD?

I had already connected the dots, supplied IMO for PTSD, and copied them with their documents pertaining to his PTSD.

My friends here are telling me to get out of the loop and get congressional intervention, even though I told them about the retribution that it can cause.... any thoughts?

Thanks, please forgive me for venting,

AkWidow

[Pete53]

Why wait?

[Wings]

I have a new question. On the back page of the SSOC, it has the 30 day question issue. My question about this is as follows:

I wonder if it of any advantage for me to wait out the 30 days and have the case go back to the BVA, as it says this will happen if I do not respond within that time frame. Waiting will get the case out of AMC, but will leave me with but one stop and only one more denial before the case is over.

On the other hand, they did not list my pertinent evidence which I submitted to begin with, and my guts tell me to once again list it and include it page by page while asking for a Reconsideration.

Any thoughts?

My suggestion (below) was to send your NOD to the AMC --but add a "waiver" of prior review by the AMC and AOJ?VARO. In effect, send the NOD and tell them AMC you want your claim to go FORWARD to the BVA. ~Wings

[akwidow]

Wings, my only fear about going to the BVA is that it will be the last stop. This case has already been once through the VARO, BVA if that means the traveling board, and appealed to COVA then back to AOJ which is in this case the AMC.

Is that correct about it being the last stop before a case is thrown out?

[Wings]

Wings, my only fear about going to the BVA is that it will be the last stop. This case has already been once through the VARO, BVA if that means the traveling board, and appealed to COVA then back to AOJ which is in this case the AMC.

Is that correct about it being the last stop before a case is thrown out?

x

x

x

BVA is not the last stop. You can Appeal a BVA Decision to the "Court" of Appeals for Veterans Claims (CAVC) http://www.uscourts.cavc.gov/

Edited October 27, 2009 by Wings

[Pete53]

Wings is giving good advice. However it is more likely that BVA will remand if not fully developed and looks like your VARO sucks to me.

[Wings]

Well, you see, DeltaJ, I already did that.

I started with a claim in 2004, was denied, appealed to BVA, was denied, but it was remanded to AOJ by COVA back to AMC, who issued the latest denial.

This sentence does not cumpute with me: When your Claim was Denied by the BVA, did you Appeal to the Court of Appeals for Veterans Claims? Has your claim ever been to the Court??? ~Wings