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The Whole System Fraud


yulooking
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Question

i did a cue claim about a 93 claim it made it all the way to the bva they dissmissed it said my claim from 1994 has been in appeal status and still pending

i thought this is great i was awarded 60% for the same issue and iu 2004 by the dro which has jurdition over appeal issue even say it on decision this is a full granted of all appeal issues.

this would mean there can not be any appeal issues from 94 they were granted 2004. eed should now be 1994.

no bva granted me 10% from 1994-2004 and say the ro granted me the 60% 2004 and remaned my iu claim so a doctor to tell if i could have work 1994 i have never work since 1994 they have ssi records which states this.

i have ask for my eed dates did the reconsideration and once again ask why my eed are not 1994 what i got was appeal to courts did that

now i am at the court and the lawyer from the ogc which is the lawyer for va has drag. she has not call my lawyer and took two month to appear on the cases

during this whole process not once has any part of va denied my eed or granted them just never answer. and past the buck and now the wait and they are not even working on my iu claim. i was told because my case is with the court that put a hold on the remaned amc.

this is a bold face lie va manual tell how to handle cases like this and you are to keep developing them. amc has since for 3 different doctor statements and everyone has agree with me and now they want a 4 and still will not answer how are u developing something that was granted.

so my belief is that the whole system is shot or they have system to all this hope you mess up before we pay

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Yulooking

If it is in the hands of your lawyer you just have to wait. Is your lawyer getting paid a % of your possible retro? If they are it makes them work harder. If the lawyer is going to get 20% of several hundred thousand dollars they tend to want to make it happen. This is capitalism in action.

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I feel that the AMC is useless and should be abolished.

They did award a veteran I know of with the most bizarre award letter I have ever read.An AO award some years ago.

I even discussed the award with NVLSP and they were as baffled as I was.I think that award will come back to haunt the veteran it someone ever audits the few awards the AMC makes.

The VA strung out my last claim in many ways-one was a remand to the AMC. The AMC did nothing with the claim but farmed it out to another VARO and during the time all that took for another denial both the AMC and the other RO still failed to read a single piece of my evidence.

John is right- with a lawyer on your POA there isn't much you can do but wait.

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once i got to the court i got the lawyer for free out of new york city but before i got him on the case they send me the record of the agency

it right there in the record i pointed out to lawyer the pages everything

o yeah when i did the cue claim my vso was to have withdraw did it at the dro hearing on the cue by law your vso is not to withdraw once the appeal starts because i hard to appiont another. in the record there isnt one paper about the withdraw they are to put the papers in with the board never done.

that alone will get my cases remaned

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o yeah when i did the cue claim my vso was to have withdraw did it at the dro hearing on the cue

by law your vso is not to withdraw once the appeal starts

because i hard to appiont another. in the record there isnt one paper about the withdraw they are to put the papers in with the board never done.

yulooking,

Actually there is quite a bit more to it than that, in regards to change of representation at the BVA level.

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ulooking

If you use capitals and periods, it makes it easier for us "old guys" not all that used to texting to understand exactly what you are posting and you are likely to get a better answer.

It sounds like the BVA has already awarded you benefits, and you are trying to get the RO to implement the BVA award, and they are dragging their feet. I know, because they have done the same thing to me.

Try reading this training letter on RO implementation of BVA decisions: But, of course, I know where you are coming from...what to do when the VA just decides to go their own way and forget the regulations. APPEAL, APPEAL APPEAL. So what happens when you appeal, get a favorable appeal award, the the RO still refuses to award benefits. You have to appeal AGAIN.

If you read this fast letter on implementing BVA decisions, you will see that the VARO is supposed to implement them immediately. Obviously they did not do that, but at least you could email Brad Mayes, email address in the fast letter, and ask him why your implementation is being delayed, in spite of his fast letter.

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First, try being nice and go to your VSO and ask him to write you a letter explaining your position. If you have tried that route a few times, and the VA keeps avoiding you, Sometimes you just have to stir up a hornets nest when the VA refuses to follow its regulations. You can try any of these "hornets nest stirrers":

1. File a Writ of Mandamus. It will likely be denied, but you put the VA on notice that you arent going to put up with it anymore.

2. "Stir up a hornets nest" on IRIS. Send an IRIS email with a very bold heading such as a vawatchdog article on the shredding incident: http://www.vawatchdog.org/10/nf10/nffeb10/nf021610-3.htm

3. Go to va vantage point, and get their attention by asking your questions there, in the comment section:

http://www.blogs.va.gov/VAntage/

4. Send them a 21-4138 where you have an "eye catcher" in Bold Letters, such as:

THIS CLAIM IS URGENT. Do not put it down put "work it" or ask your supervisor about it immediately.

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