bm6546 Posted November 18, 2011 Share Posted November 18, 2011 Carlie, I would appreciate it if you would please look at this and tell me what you think. I know you deal a lot with claims that involve a CUE. I would like your take on this. Thanks in advance, Brian I've waited this long and I'm not giving up....NEVER!! Link to comment Share on other sites More sharing options...
bm6546 Posted December 11, 2011 Author Share Posted December 11, 2011 x x x Hoppy, I'm on my way now ... to print your work, sit back up in bed with a cup of hot chocolate and READ ;-) GOOD JOB. Love your style! HUGS! ~Wings P.S. Brian's Claim is on REMAND from the BVA to the AMC. The Remand (attached to this thread p. 2-9) dooes not cite his CUE claim, but that CUE was part of his Appeal to the BVA. Likewise, the BVA Remand does not cite his Claim for Anxiety, secondary to PAT. These issues are enumerated in his Appeal to the BVA --and must be addressed. The Remand does, however "infer" a claim for TDIU. I know that any and all evidence may be submitted to the AMC, as long as the vet "waives" review of the evidence by the RO. So, anything that Brian submits now to the AMC (getthe address Brian) MUST be attached to a signed waiver that states" I waive prior review of this evidence by the RO". Wings, I am confused about this. "Brian's Claim is on REMAND from the BVA to the AMC". What exactly does that mean? "The issue is addressed in the REMAND portion of the decision below and is REMANDED to the RO via the Appeals Management Center (AMC), in Washington, DC". Should I send any new material directly to the AMC? And where do I find the address for the AMC? Brian I've waited this long and I'm not giving up....NEVER!! Link to comment Share on other sites More sharing options...
Berta Posted December 11, 2011 Share Posted December 11, 2011 Brian- I advise that you send any new information directly to the BVA with proof of mailing. Whatever I had sent to the AMC was lost, ignored and/or destroyed. I sent it all however to the BVA too.Good thing I did that. Put your BVA remand docket number in a cover letter with the submission and then check via email with the BVA ombudsman or by calling the BVA directly about a week or so later to confirm the BVA received it. Hoppy this is well done but vastly different from my pending CUE claims. While I do beieve a CUE occurred , could Brain scan and attach here the actual decision that you are alleging holds the CUE? It will take me some time to respond to this again as I have a situation with VA that is taking up almost all of my time. GRADUATE ! Nov 2nd 2007 American Military University ! When thousands of Americans faced annihilation in the 1800s Chief Osceola's response to his people, the Seminoles, was simply "They(the US Army)have guns, but so do we." Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we. Link to comment Share on other sites More sharing options...
HadIt.com Elder Wings Posted December 11, 2011 HadIt.com Elder Share Posted December 11, 2011 Wings, I am confused about this. "Brian's Claim is on REMAND from the BVA to the AMC". What exactly does that mean? "The issue is addressed in the REMAND portion of the decision below and is REMANDED to the RO via the Appeals Management Center (AMC), in Washington, DC". It means that the BVA sent your claim to the Appeals management Center (AMC) in lieu of sending it back to your RO (AMC is a special "team" that acts like the RO) ... The AMC is then tasked with follwing the remand instructions to the letter, notifying you of the decision; if granted all well and good, if denied, continue the appeal at the BVA. Should I send any new material directly to the AMC? Yes And where do I find the address for the AMC? I forget. Please ask the board members. Brian USAF 1980-1986, 70% SC PTSD, 100% TDIU (P&T) Link to comment Share on other sites More sharing options...
HadIt.com Elder Wings Posted December 11, 2011 HadIt.com Elder Share Posted December 11, 2011 Brian- I advise that you send any new information directly to the BVA with proof of mailing. Whatever I had sent to the AMC was lost, ignored and/or destroyed. I sent it all however to the BVA too.Good thing I did that. Put your BVA remand docket number in a cover letter with the submission and then check via email with the BVA ombudsman or by calling the BVA directly about a week or so later to confirm the BVA received it. Hoppy this is well done but vastly different from my pending CUE claims. While I do beieve a CUE occurred , could Brain scan and attach here the actual decision that you are alleging holds the CUE? It will take me some time to respond to this again as I have a situation with VA that is taking up almost all of my time. I agree with Berta, send any evidence Cc AMC and BVA. Also remember to "waive" prior review of new evidence by the RO; otherwise, the AMC will need to send the whole shabang back to your RO to reviiew the evidence, and then back to the AMC. Good grief!!! USAF 1980-1986, 70% SC PTSD, 100% TDIU (P&T) Link to comment Share on other sites More sharing options...
Berta Posted December 11, 2011 Share Posted December 11, 2011 These numbers worked for me in late 2008- BVA 1-202-565-5436 BVA Fax 1-202-461-8069 (this number might have changed by now but the main number operator can give it to you if it has changed.) bvaombudsman@va.gov The ombudsman was very helpful to me via email. GRADUATE ! Nov 2nd 2007 American Military University ! When thousands of Americans faced annihilation in the 1800s Chief Osceola's response to his people, the Seminoles, was simply "They(the US Army)have guns, but so do we." Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we. Link to comment Share on other sites More sharing options...
Bigred122 Posted December 11, 2011 Share Posted December 11, 2011 These numbers worked for me in late 2008- BVA 1-202-565-5436 BVA Fax 1-202-461-8069 (this number might have changed by now but the main number operator can give it to you if it has changed.) bvaombudsman@va.gov The ombudsman was very helpful to me via email. This is the current information as of 11/20/2011. Board of Veteran Appeals 810 Vermont Ave, N.W. Washington, DC 20420 Fax # 202-632-5842 BVA Ombudsman 202-632-4623 Have questions about BVA appeals, Contact the Veterans Information Office at 1-800-923-8387 Ebenefits Customer Service Support 1-800-983-0937 Hope this is helpful! Mike Link to comment Share on other sites More sharing options...
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bm6546
Carlie,
I would appreciate it if you would please look at this and tell me what you think. I know you deal a lot with claims that involve a CUE.
I would like your take on this.
Thanks in advance,
Brian
I've waited this long and I'm not giving up....NEVER!!
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