Amc Failed To Comply With Cavc Remand Order

[PJJones]

The CAVC remanded my claim back to the BVA in 2010 to find more consent, because the consent the VA offered, a letter from 1998, the CAVC ruled insufficient, because it didn't meet the consent requirements as stated in 17.32 of 38 usc. Anyway, the other day, November 3rd, 2011, I got a denial from the AMC, (who the BVA gave the remanded case to), and the AMC denied me again, based on that very same letter from 1998 that the CAVC found insufficient as consent. What do I do know? I sent a letter to the AMC letting them know I will be appealing this denial, which I think procedurley was just to cover my A_s in the event they try to say I didn't follow procedure, and then I sent a letter to the CAVC, the BVA, and the AMC letting them all know of the mistake. With the letters I highlighted the old CAVC remand that said that letter was insufficient. That's all I know to do. Any ideas?

[EricHughes]

The CAVC remanded my claim back to the BVA in 2010 to find more consent, because the consent the VA offered, a letter from 1998, the CAVC ruled insufficient, because it didn't meet the consent requirements as stated in 17.32 of 38 usc. Anyway, the other day, November 3rd, 2011, I got a denial from the AMC, (who the BVA gave the remanded case to), and the AMC denied me again, based on that very same letter from 1998 that the CAVC found insufficient as consent. What do I do know? I sent a letter to the AMC letting them know I will be appealing this denial, which I think procedurley was just to cover my A_s in the event they try to say I didn't follow procedure, and then I sent a letter to the CAVC, the BVA, and the AMC letting them all know of the mistake. With the letters I highlighted the old CAVC remand that said that letter was insufficient. That's all I know to do. Any ideas?

You need to hire an attorney if you don't already have one. Otherwise you will just end up back on the treadmill.

[john999]

Yes, you will end up back at the CAVC since that is the only place you can go from here. Did you have a lawyer the first time you went to the CAVC? I am waiting on a CAVC remand to the BVA myself. No decision yet but I already see a problem. These people make errors and you end up waiting years. It is a hell of a system.

[PJJones]

No, I haven't had a lawyer at all.

[john999]

I really think you need a lawyer at the CAVC level. I would think about hiring one soon. They just get 20% of your retro if you get any. The way the BVA and CAVC quibble over stuff you need representation.

[broncovet]

May I ask what you mean by "consent"? "Consent" to what? "Consent to have blood drawn"? Consent to access to medical records?

If you want specific advice, you need to give specifics...for example post the "reasons and bases" for decision.

If you want "general" advice, this is unnecessary.

General information...general advice.

Specific Information...specifice advice.

Going to the CAVC without a lawyer is like going to a swim meet without a swimsuit.

[PJJones]

Benefits for additional disability or death caused by VA medical care is government by 38 U.S.C. § 1151. Claims under § 1151 are a different species than service-connected disability claims, but they are compensated in a similar manner as service-connected disability claims. To prove a § 1151 claim, a claimant must show that the veteran’s death or his additional disability was caused by negligent VA medical care or by some unforeseeable complication of the VA medical care.

A veteran or his representative may first want to check to see if the veteran gave his informed consent prior to the VA medical care or procedure in question. Generally, VA hospitals require patients to sign a standard written consent form, explaining the risks involved in the medical procedure. However, in some cases, especially older ones, the VA cannot produce evidence of the patient’s written consent. This failure may be a basis to win benefits under § 1151.

With that, I'm not sure if I'm actually seeking advice, or just an outlet to complain about the VA's incompetence, and my good fortune because of it. I hope that explains the consent I'm refering to.

May I ask what you mean by "consent"? "Consent" to what? "Consent to have blood drawn"? Consent to access to medical records?

If you want specific advice, you need to give specifics...for example post the "reasons and bases" for decision.

If you want "general" advice, this is unnecessary.

General information...general advice.

Specific Information...specifice advice.

Going to the CAVC without a lawyer is like going to a swim meet without a swimsuit.