At A Loss

[kirk192]

7 years ago I was diagnosed with a brain tumor. I was 9 years out of service, however, there where 3 other men from my Team of 40 with the same afliction. One has since passed. I filed my claim in March of 07.

It was denied 6 months later. I apealed and it was again denied. I filed suit in the court of veterans appeals and it was remanded with specific instructions to have me undergo another C&P exam. The BVA said that the "respectfully disagree" with the court order and simply denied the claim. However, they gave me specific reasons as to why the claim was denied. I filed suit again, and, again it was remanded. I have since submitted medical information that contridicts thier admitted lay opinions as to why my claim was denied. First submission was directly to the VA RO, I even got them to sign confirmation of receipt. That information was "lost" with no explination. I then sent it all myself with signature confirmation. It was received.

I called the AMC several weeks later and they told me that they where waiting for my file from my Regional office. I went to my regional office and they told me my file was at the AMC. I went to the DAV and they said that my file was at AMC and refused to call and verify. Have called my Senator and gotten the standard "we are looking into it".

Anyone have some suggestions?

[broncovet]

Kirk posted:

" I filed suit in the court of veterans appeals and it was remanded with specific instructions to have me undergo another C&P exam. The BVA said that the "respectfully disagree" with the court order and simply denied the claim. "

Are you kidding? This is like the BVA giving their boss the middle finger.

I think you should consider filing a "Writ of Mandamus" compelling the BVA to comply fully with the Court of Veterans claims. The BVA isnt allowed

to "disagree" with the Court of Veterans claims, their job is simply to carry out the CAVC orders.

Compliance with the CAVC orders is not voluntary. Its mandantory. Only the Federal court, or an en banc decision can subsume a CAVC order, a BVA judge can not.

Edited August 15, 2012 by broncovet

[broncovet]

To add, the VA was found in contempt of court for non compliance with the Courts orders:

http://www.purpleheart.org/ServiceProgram/Training2011/T-LAB2%20VA%20Contempt%20of%20Court.pdf

[kirk192]

Not going off topic, but do you have a number to the AMC?

Yes I have a couple of numbers

1)Toll free information line 1-866-258-0341

2) Direct line (the one they will answer) 1-202-565-5436

3) Director Keith Wilson 1-202-530-9400

4) Asst. Director Keith McQuaid 1-202-530-9462

[kirk192]

I have filed suit and it has been remanded based on the non compliance of the original court order. All of the pertenent information has been submitted and received. however nobody seems to be able to tell me where it stands, or why after 3 mos. there has been no movement.

As for my MOS-I was a Navy SEAL. I have made the medical nexus to oxygen toxicity, the cell damage, and distortions in the DNA which causes abnormal growth in the regeneration of damaged cells.

[kirk192]

I have gotten a response from the VA who after a week and a half has gotten a response from AMC. AMC says they are going to "research it". I guess I will wait a week then go to the top.

[Commander Bob]

... First submission was directly to the VA RO, I even got them to sign confirmation of receipt. That information was "lost" with no explination. I then sent it all myself with signature confirmation. It was received.

I called the AMC several weeks later and they told me that they where waiting for my file from my Regional office. I went to my regional office and they told me my file was at the AMC. I went to the DAV and they said that my file was at AMC and refused to call and verify. Have called my Senator and gotten the standard "we are looking into it".

Anyone have some suggestions?

I see a pattern in the VA's SOP...

Good luck, hang in there, 'kirk192', and best wishes for resolution.

Bob