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

[carlie]

I only see the AOJ as an RO and I've never viewed the AMC as an AOJ

in any way.

carlie

[Wings]

I only see the AOJ as an RO and I've never viewed the AMC as an AOJ

in any way.

carlie

Carlie, The Appeals Management Center (AMC) was created to catch and develop Remands from the BVA. In essence, it acts as an expidited Regional Office (AOJ). ~Wings

[carlie]

Carlie, The Appeals Management Center (AMC) was created to catch and develop Remands from the BVA. In essence, it acts as an expidited Regional Office (AOJ). ~Wings

Wings,

I understand the creation and workings of the AMC.

I agree with the post with the specifications of the

AMC - ACTS as - but I've never seen it considered as, an AOJ.

Like when BVA remands to the Regional Office VIA the AMC.

As sometimes the BVA remands , just to the RO

and sometimes the BVA remands to the RO VIA the AMC.

I "personally" would never view the AMC as an AOJ.

jmho,

carlie

[Wings]

Wings,

I understand the creation and workings of the AMC.

I agree with the post with the specifications of the

AMC - ACTS as - but I've never seen it considered as, an AOJ.

Like when BVA remands to the Regional Office VIA the AMC.

As sometimes the BVA remands , just to the RO

and sometimes the BVA remands to the RO VIA the AMC.

I "personally" would never view the AMC as an AOJ.

jmho,

carlie

As I search the Court's decisions, I read where the AMC acts as both a rating board and a regional office.

To date, the AMC is not a codified body of administrative law per USC or CFR; so, I don't even know how they can lawfully exist!

However, in the instant case (AK Widow's) the BVA Remanded the claim to the AMC ... the AMC made a Decision and issued a SOC. I would imagine, the AMC's SOC provides appellate rights to the effect that the veteran may or may not provide additional evidence, and thaqt if no other evidence is provided, that a final decision will be made by the BVA (Board). So, if additional evidence is provided, then I would want to send that evidence directly to the BVA, with a "waiver" of review by the AMC (administrative body). If the Board finds the evidence needs further development, it can Remand again to the AMC or AOJ. The Board also has the authority to order another medical exam via the OOJ. I have not seen the AMC assume authority for ordering another C&P exam, have you? ~Wings

[akwidow]

and I got it all together today, and will be expressing to them tomorrow, return receipt. I am sending hard copy of my evidence that they ignored, plus some new, plus some good legal citation, and a BTW about cue claims I brought to their attention last spring. All of it will be also sent on a CD so that I can prove I sent what I sent as a unit.

[Wings]

and I got it all together today, and will be expressing to them tomorrow, return receipt. I am sending hard copy of my evidence that they ignored, plus some new, plus some good legal citation, and a BTW about cue claims I brought to their attention last spring. All of it will be also sent on a CD so that I can prove I sent what I sent as a unit.

x

x

x

AK,

1. You are filing a Notice of Disagreement (NOD), with a waiver of review of additional evidence by the AMC.

2. You need not file a Motion for Reconsideration until the Board has issued a final decision.

Right? ~Wings