I Just Think The Whole System Is Shoot

[Mr cue]

NOW I HAVE POSTED HERE ABOUT AMC DOING THER OWN THING.BUT IS IT ME OR DOES THE AMC SEEM TO NOT EVEN BE PART OF VA.

BVA WILL TELL YOU THEY DONT HAVE JURDITION OVER THEM. BUT THEY REMANED CLAIM TO THIS PLACE

ON E BENFITS IT DOESNT EVEN SHOW WHEN YOUR CASES IS SEND THERE. RO TIME LINE IS SHOW NOT REMANDS TO AMC.

THEY DONT ANSWER THE IRIS THE 1800 PUT IN AND THE 1800 WILL TELL YOU THEY CANT DO NOTHING BUT E MAIL THE AMC

THEY DONT HAVE A PHONE NUMBER TO CALL

THEY TELL YOU TO FAX OR MAIL THINGS. I DID A NOD A YEAR AGO AND THEY STILL WILL NOT ANSWER

NOW I HAVE BEEN GOING BACK AND FORTH WITH AMC. CLOSED MY 18 YR PENDING APPEAL THAT GOT GRANTED. GAVE ME 0% EFFECTIVE 2007. AND THIS WAS THE FIRST RATING I EVERY HAD ON THIS ISSUE.

DID A CUE AND THERE WAS AND INFORMAL IU CLAIM FOUND IN THE RECORD.BVA REMAND TO AMC TO DEVELOP FROM 1994-2001. I HAVE IU IT WAS GRANTED BY DRO ON APPEAL 2001. IS THIS NOT A EFFECTIVE DATED ISSUES.

MY RECORD HAS BEEN SEND OUT 8 TIME I HAD TWO DIFFER COMP EXAM AND NOW MY CASES IS DEFFERED.

2001 I FOUND HADIT I DID MY OWN PAPERS.VA TREATED IT AS AN INCREASE RATING CLAIM. ON APPEAL THE DRO GRANTED ME 60% FOR NECK ISSUES AND IU. I HAVE NOT WORK SINCE 1994.

EVERYTHING EFFECTIVE 2001 THE DATE I PUT IN THE PAPER.

AS IS SAY HERE I WAIT TO 2007 TO DO MY CUE CLAIM SO THEY COULD NOT MESS WITH THAT DECISION.

I DID A CUE OF MY CLAIM FROM SERVICES IT MADE IT TO BVA THEY DISSMISED MY CUE STATED MY CLAIM HAVE BEEN IN APPEAL STATUS SINCES 1994 THE RO NEVER CRETIFY MY APPEAL TO THE BOARD. AND THERE HAS NEVER BEEN AND APPEAL DECISION MADE ON THESE CLAIMS.

I WOULD THINK THAT A CUE RIGHT.

NO GRANTED ME 10% FOR MY NECK1994-2001 AND REMANED THE INFORMAL IU CLAIM FROM 1994-2001. AND GRANTED MY ELBOW I BROKE IN SERVICES THAT HAD BEEN DENIED IN 1994. I POINT OUT PRESUMATION OF SOUNDESS THAT WHAT GOT IT GRANTED.

AMC HAS HAD MY FOLDER FOR 2YRS AND NO ONE WILL HELP.

THEY WHY I DONT TRUST THEM VSO BECAUSE WHY DID ANYONE SEE THIS IN 1994 OR 2001 WHEN THEY HANDLE MY CASE.

OH YEAH WHEN I DID THE CUE THE VSO GOT MAD AND WITHDRAW DURING MY APPEAL OF THE CUE. SO IT COULD BE HARD TO GET ANY VSO TO HELP.

THANKS FOR LETTING ME VENT AGAIN JUST GOT A CALL AND TOLD WE WILL HAVE TO CALL YOU BACK DONT HAVE YOUR FOLDER INFRONT OF ME. GOT THIS CALL ABOUT 10 TIMES DURING THIS.

CALL VA HOSIP TO FIND THEY SEND FOLDER BACK 3 MONTH AGO. LADY SAY CAN UNDERSTAND WHY THEY KEEP SENDING IT TO THEM.

GUESS I GOT ALEAST A YR LEFT OF THEM PLAYING I WILL NOT MESS THIS UP THAT OWE ME.

LAST THING. THEY HAVE NOT AND WILL NOT TAKE THE NOD ON ELBOW CLAIM I GOT ABOUT 15 IRIS AND FAX FROM BUFFALO RO TO AMC ABOUT THIS.

[Mr cue]

THIS IS THE LAW ON PENDING APPEAL I HAVE EVEN GAVE THEY THIS. JUST HOLDING MY RETRO WITH THESE GAME. TALK TO LADY TODAY FROM AMC TOLD MY INFORMAL IU CLAIM IS READY FOR RATING. GAVE IT 60 DAY. THERE GOIN TO DENIED THAN IT GO BACK TO BVA AGAIN AND I BET THEY REMANED IT AGAIN. TO GET SOMETHING ELSE. I HAVE NEVER WORK.

Case: Jones v. Shinseki, CAVC No. 06-2036

BVA Decision: March 16, 2006

CAVC Decision: June 18, 2009

Key Issue(s): When is a claim that was appealed in a Notice of Disagreement (NOD), but for which VA never issued a Statement of the Case (SOC), decided?

Law: 38 U.S.C. §§ 7104, 7105

What was decided:

The Court decided that where a veteran files an NOD for a claim but VA fails to issue an SOC in response to the NOD, the claim is resolved in a later appellate adjudication of another claim, where both claims stem from the same underlying disorder and the claimed disabilities are identical or substantially similar.

What this means to veterans:

A Veteran has a right to an appeal of a claim denied by VA. If a veteran submits a proper NOD and VA does not follow through with a SOC and the rest of the appeal process, the claim remains “open” until and unless VA properly resolves the appeal. Claims which VA has “forgotten” keep their original effective date and so can have accumulated very large retroactive payments. Any veteran who believes that he or she has filed an NOD but has not received a VA acknowledgment of the NOD or a SOC after a reasonable time (several months at least) should review their records and submit a copy of the NOD to VA along with a request for an investigation into what happened to the original NOD. If VA cannot provide documentation of a final decision on that appeal or another claim stemming from the same condition and for the same disability, the veteran should request a decision on the appeal and an effective date of the date that the claim was originally filed.

Thus, where an appellant places a claim for one.

disability into appellate status by virtue of an NOD, that claim is resolved by a later appellate

adjudication of a subsequent claim where both claims stem from the same underlying disorder and

the claimed disabilities are identical or substantially similAR

THE MARCH 2004 DRO DECISION WHICH GRANTED THE 60% FOR SAME NECK ISSUE AND IU EFFECTIVE THE DATE I PUT IN PAPER 2001 END THE APPEAL.

SO I HAVE EVERYTHING THEY JUST WILL NOT FOLLOW THE LAW.