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

[akwidow]

and I forgot to say that I'll be going with the BVA option....thanks Wings -

[Pete53]

Good Luck

[Wings]

and I forgot to say that I'll be going with the BVA option....thanks Wings -

AK, Carlie posted a VA Template or "form" to waive prior review by the RO/AMC. Did you see that? You do not have to use this form, per se, just be sure to make it clear you do not want the AMC to review your Motion for Reconsideration, nor any evidence attached thereto. I filed my Motion mid July 09, I was told by the BVA operator's on Wednesday, that my claim is sitting on the BVA Attorney's desk. The BVA status line has repeatedly told me it takes approx. 4 months for a decision as to whether or not they will reconsider. The good thing about this delay, is that you have more time to prepare your case for the Veteran's Court. You must also know, the Court is not the final ruling body --a veteran's claim can be appealed to the Federal Circuit if it meets their jurisdictional authority (think arbitrary and capricious). Good luck good wife! ~Wings

[carlie]

The form is only for Waiver of Regional Office Consideration

and is used at BVA/AMC level.

Just wanted to point out it DOES NOT WAIVE AMC Consideration.

carlie

[carlie]

SSOC tells me I have 30 days to respond or the case will go back to the BVA. I have a year to submit new evidence either way. I planned to submit and respond both within 30 days.

ak,

Maybe I'm not up to date on your claim but just wanted to be sure that you know,

on issues that are under the BVA's Jurisdiction - you DO NOT have a year to

submit new evidence.

jmho,

carlie

[Wings]

A "Remand" from the BVA to the AOJ requires expiditious treatment, 38 USC Sec. 7112. The Secretary shall take such actions as may be necessary to provide for the expeditious treatment by the Board of any claim that is remanded to the Secretary by the Court of Appeals for Veterans Claims.

IMO, this section of the Board's rules of practice (below) would support the veteran's WAIVER of AMC "development" of additional evidence of facts or law.

~Wings

See 38 USC Sec. 7105(d)(1) Filing of notice of disagreement and appeal; (d) (1) Where the claimant, or the claimant's representative, within the time specified in this chapter, files a notice of disagreement with the decision of the agency of original jurisdiction [in this case, the Appeals management Center (AMC)], such agency [AMC] will take such development or review action as it deems proper under the provisions of regulations not inconsistent with this title. If such action does not resolve the disagreement either by granting the benefit sought or through withdrawal of the notice of disagreement, such agency shall prepare a statement of the case.

source: http://www.law.cornell.edu/uscode/38/usc_s...05----000-.html

I'm having trouble with the software, sorry my post is so messy!! ~Wings