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How To Get Claim Out Of The Amc?


ketchup56

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When my appeal was at the bva, i submitted a waiver of aoj consideration of all evidence from that day forward, yet the bva still remanded to the AMC for them to associate my SSA records to the claim and then re-adjudicate all over again. To be honest i have zero confidence in this place as i feel this claim belongs at the bva or court level for the proper resolve. I just really want this out of this place.

So what i'm asking is, if i submitted ANOTHER waiver of aoj to the AMC on the already remanded item which have already been attached to the file (ssa records) and file another I-9 with this request would this get my file out of this place?

I know by law bva must remand if ssa records are even mentioned (DUTY TO ASSIST) in a claim,but having to wait forever just to start all over again just because va failed to accomplish this ministerial task the first time around, even after i submitted award and transmittal letters from the ssa over two years ago is straight bull@##$$it.

Appeal is in the PENDING REVIEW STATUS, and we all know what that means. (delay with no resolve).

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Many Vets advocates recommend doing "something" if your claim has not moved in 18 months. Your file could be lost or shredded, or it could be waiting on some evidence that isnt coming..or that the VA never ordered. You could consider a Writ of Mandamus, but it needs to be your last resort.

Try IRIS and ask them the status...ask em a specific question, that they would have to have the file to know. Oh, maybe like, did you receive the medical exam dated 1-14 2011?

They would at least have to dig it out of the bottom of the pile to answer your question.

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This happened to me. What still makes me mad is that I had a nationally know atty at the time that should have known they would remand without the SS records. It cost me two more years.

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There is much discussion on the AMC being the "black hole" of VA benefits. It really kind of looks like the AMC, which was set up to expidite claims, has become a "waiting area" where it is difficult for the Veteran to do anything about this. The VA likes delaying claims almost as much as denying them. They really dont care if it takes 10 years for them to process your claim...in fact, who ever is managing the budget 10 years from now will have to worry about it.

This may be a time where the congress critter can help.

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The AMC is seen as the bermuda Triangle for claim issues.

I was there for quite a while, around 20 months.

Not really mush action can be taken for a quicker route to get away from there.

Only suggestion I have is to check thru prior decisions,

SOC / SSOC's, to verify whether the SSA records below,

"i submitted award and transmittal letters from the ssa over two years ago"

are already of record in one of the Evidence sections.

If they are not then personally, I would get a copy of everything SSA would provide me

and submit a copy to the AMC myself as it will take them, what seems like an

exorbitant amount of time to acquire on their own.

Hopefully the SSA records will provide support to help grant VBA claim issues

and not provide any harm for your VBA claim issues.

I definitely would not submit an additional I-9 now on the same issues that are

currently in appeal status and under BVA's jurisdiction.

JMHO

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The amc has already completed the required development on remand as of 06-01-2012.(SSA RECORDS ADDED TO FILE). I verified this through inquries thru iris,and was sent a confirmation from iris stating this in writing. The original statement of case has already listed as evidence the previous ssa award letter and transmittal letter, i sent 2yrs. ago. So basically i'm in a holding pattern, as the status according to amc is it's"PENDING REVIEW" by a rating specialist. More likely another rubber stamp. WHY wait for that?

The only remand order from bva was to associate these records used to make the ssa disability decision, to the c-file ,then RE-ADJUDICATE again. Since this has been accomplished why wait for another rubber stamp decision from these idiot's. AGAIN i have no (none, zero etc...) confidence in these people at this level, as i feel they just do not read evidence. Just look at what my remand was for in the first place.

So what i did was send ANOTHER waiver of the AMC'S consideration AND ro considerations(just in case they decide to farm the appeal) and for amc to forward file back to bva for final adjudications. I personally talked to the director's office at the amc yesterday, and faxed copy of that waiver to her, and 5 mins. later she called me back and confirmed reciept of this waiver, through confirmation of fax number and that she would get the file and forward it back to bva.

I "DO NOT" recommend this at all to everyone, BUT i do believe my claim belongs at a higher level of adjudication than at the current level. JMHO

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I "DO NOT" recommend this at all to everyone, BUT i do believe my claim belongs at a higher level of adjudication than at the current level. JMHO

Appeals have to go through BVA's level prior to advancing

to the Court's level.

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