Phone Call From Amc To Sign And Fax Document For Board Of Appeals?

[Guest RJMacReady]

I received a rather strange phone call from the AMC(Appeals Management Center)? to sign and fax a document referred to as a '30 day waiver letter'? for the Veterans Board of Appeals???

I presume that this means that my claim is denied again; which would be rather preposterous given that the injuries are all well documented and obviously occurred as a direct result from performing my duties in the military and through no fault of my own.

14 years of waiting and nonsense and even an apology letter from the VA that it has taken so long for my claims and for losing my records as well; so the VA requests C&P Exams again stating that the rating system had changed significantly since the last time that I submitted my claim and so I complied with their request and sounds like just to get denied again. This is absolutely unbelievable, apparently this must be how the VA gets rid of wounded vets with legitimate claims, they just keep denying your claims until you give up???

[Berta]

If they wont acknowledge it - you might have to get tough-they did this to me too(3 IM0s) and finally the BVA read them and awarded right away.

Do you have a vet rep?

You can ask the VA to cue itself as well for breaking ther own evidentiary regs within 4.3 and 4.6 38 USC- regarding evidence.Stuff on those regs should be available here under a search.

Did you have a DRO review?- I posted the DRO job description here somewhere available under search and that too is another way to get attention paid to your IMO.

If the VA asks us for specific evidence in their VCAA letter and then chooses to ignore what we send, they have committed a Clear and unmistakable error.

If a DRO does not follow the guidelines within M21-1MR regarding our evidence then the DRO has committed a CUE.

It is not a Duty to Assist error-they do that all the time- it can be worded in such a way as to say it is a legal error a legal error.and They can CUE themselves.

Edited June 8, 2010 by Berta

[Guest RJMacReady]

Yes, I have a vet rep and have dealt with the major vet reps over the years and honestly the vso's dont seem to do all that much imo, they file the paperwork and answer requests and submit copies and requests and such but they dont really fight for your claim like it was their own or anything, they do seem to do what is expected and that's about it guess I thought they would act more like a 'pitbull' attorney or something and not take and crap from the va and be aggressive when necessary; the vso's that I have dealt with are the VFW, DAV, AL...

I am not familiar with a dro review but if they would do that it might be a way to get extra attention on the imo perhaps, how can I request that as I believe that is a request to have the senior dro exam the appeal case without considering the denial, however that is what the va says and is almost like having the va audit itself I would suppose, can you really trust them to do what they say that they will do...

[Guest RJMacReady]

So now that I have responded to the appeal denial with a nod attached to an imo, does the amc review it again or send it on to the vba for a decision and when can I request a dro review, will the va give me that opportunity after they have reviewed the nod and imo?

Thank you.