Amc Nightmare.....

[Sidney56]

I have an appealed claim for IU due to mood disorder because of TBI that was sent to BVA then remanded to AMC with a statement to expedite the process(whatever that means). My VA psych's notes were sent to them stating that I am unemployable due to my condition and the meds I take.

It has been there for about 7 months. After numerous calls to 800#, I was told by someone that called me from AMC, that they are waiting for a response from the SSA to see if I am receiving any benefits. I told them that I am not receiving any benefits, but they said they needed SSA to tell them that. After a few months I contacted SSA and told them what was happening, and they said that they would not respond to VA, because they don't have anything to tell them since I'm not receiving any benefits.

I told the AMC what SSA told me and was told that they would continue to contact SSA until they responded. This just seems like a stall tactic to me.

I think that I need some legal representation to get this thing out of AMC. Who is this Ken Carpenter that I keep hearing mentioned, or will any lawyer that specializes in VA law do?

Also, whatever happened to the reconsideration that was supposed to be given to all vets diagnosed with TBI?

Edited February 18, 2010 by Sidney56

[carlie]

Also, whatever happened to the reconsideration that was supposed to be given to all vets diagnosed with TBI?

Sidney56,

All vets that have disabilitys due to TBI and were rated under DC 8045 criteria

prior to the reg changes made in Oct 2008, have not been offered reconsideration

by the VBA, they have been offered re-evaluation.

In order to qualify for the re-evaluation, they must contact the VBA and make a request to be re-evaluayed under the post Oct 2008 reg change for DC 8045 criteria.

Hope this helps a vet.

jmho,

carlie

[Sidney56]

Sidney56,

All vets that have disabilitys due to TBI and were rated under DC 8045 criteria

prior to the reg changes made in Oct 2008, have not been offered reconsideration

by the VBA, they have been offered re-evaluation.

In order to qualify for the re-evaluation, they must contact the VBA and make a request to be re-evaluayed under the post Oct 2008 reg change for DC 8045 criteria.

Hope this helps a vet.

jmho,

carlie

Thanks carlie for your prompt response. What effect will a re-evaluation have on a claim that is under appeal?

[carlie]

Thanks carlie for your prompt response. What effect will a re-evaluation have on a claim that is under appeal?

Sidney,

Well I would think at the minimum a C&P would be

ordered to develop the claim.

jmho,

carlie

[Berta]

"This just seems like a stall tactic to me." -yes to me too-

Can you write to SSA as to a status of your benefits in order to get a statement from them that you don't get any SSA benefits ( to include SSI as well as SSA disability benefits) to prove to VA there is no SSA check coming to you-

I know how dumb that must sound as advice but it looks like the VA is definitely using this as a stall tactic and this is a new one for me-

often when VA is fully aware that the vet gets SSA disability-they don't even try to get these SSA records-which could be critical to TDIU awards.

Ken Carpenser- a vet's lawyer -exempliare-many awards at the BVA -

you could google his name for contact info-

but meantime-do you have a vet rep?

They should be looking into this situation for you-if you have one.

I have never heard of VA doing this before.

[Sidney56]

"This just seems like a stall tactic to me." -yes to me too-

Can you write to SSA as to a status of your benefits in order to get a statement from them that you don't get any SSA benefits ( to include SSI as well as SSA disability benefits) to prove to VA there is no SSA check coming to you-

I know how dumb that must sound as advice but it looks like the VA is definitely using this as a stall tactic and this is a new one for me-

often when VA is fully aware that the vet gets SSA disability-they don't even try to get these SSA records-which could be critical to TDIU awards.

Ken Carpenser- a vet's lawyer -exempliare-many awards at the BVA -

you could google his name for contact info-

but meantime-do you have a vet rep?

They should be looking into this situation for you-if you have one.

I have never heard of VA doing this before.

Thanks Berta....I did request a letter from SSA stating that I don't receive any benefits. I sent the letter to the AMC, but they stated that the letter had to come from the SSA, and the one I sent was not acceptable. However, I did get this from a post that you made last year:

Here is one of many TBI award claims and it might help you:

http://www4.va.gov/vetapp09/files1/0909818.txt

Accordingly, the case is REMANDED for the following action:

1. Obtain copies of any SSA disability

benefit determinations as well as any

copies of the records on which such

determinations were based. A response,

negative or positive, should be associated

with the claims file. Requests must

continue until the agency of original

jurisdiction determines that the records

sought do not exist or that further

efforts to obtain those records would be

futile.

I was working with a VSO at one time, but he didn't seem very interested in helping me. I was referred to a veterans advocate that has been very successful in helping vets. He stated that I should have gotten 100% when I was discharged and started filing for increases and NODs, so we have ended up at this point. He said that the only thing that could be done now, is to just wait. My condition has deteriorated severely in the last few months(hospitalized 2x, numerous meds),waiting may not be an option.

My PCP referred me to fee basis neurologist, whom has referred me to neurology at Duke University Research Center. No appointment set by VA yet.

Sorry, got off track there for a sec.

[Berta]

Gee thanks-I didnt remember that post and didnt realise they need this info from SSA-whether or not you get SSA-

Have you applied formally for TDIU as well as the regular claim(TDIU is the 100% rate)?