Amc Denied On Remanded Appeal

[ketchup56]

Today i received from the amc the most insane reason and basis for a denial anyone could ever imagine. So insane it did not even faze me. These people at the amc can't read or comprehend s@##$%*it. Can't wait until bva get's this case again. Denied s/c based on ssa records from 30yrs. after military service. What a joke. At the same time they denied it, they also put the appeal back as an open claim and put it as an "ADMINISTRATIVE REVIEW CLAIM". I'm thinking this is a reason to keep this claim/appeal at the ro/amc level as a stall tactic, as administrative reviews are submitted to VACO ONLY after the VSCM gives approval and signs off on the request for admin.review. In order for these types of requests initiated by ro personell someone had to challenge or have a difference of opinion on the decision that was written. Anyway's my question is has anyone had this happen in their appeal adjudication, and how did it work out??? I have no intentions on letting my appeal linger at this place, and come first thing monday morning, i'm going to fax back the waiver of aoj so as to get away from this place. I have a docket date of mar. 12 so maybe by the end of this year or early next year my case should be heard by bva. "Deny then open the same claim again.What a freaking joke"..............

[Berta]

I think the term "administrative review" can be misleading.

One could say every claim gets an administrative review...

I suggest you access M1-1MR and search for Administrative review.

The reason I say this is because I asked VACO for an Administrative Review many years ago.

A VA lawyer called me up and asked me why I requested this from VA Central as he had never dealt with this request from a claimant before.It was Neil Richland who subsequently became a Regional COunsel for VA.

When I said I was a claimant and Buffalo RO wasn't handing my evidence properly , so I hoped the AR request would help me find someone in the VA claims system who could read, he bust out laughing and we talked for an hour or more about VA case law.We had plenty of laughs . He was as comical as I can get.

That situation was resolved....forget how....

My point is

"I'm thinking this is a reason to keep this claim/appeal at the ro/amc
level as a stall tactic, as administrative reviews are submitted to VACO
ONLY after the VSCM gives approval and signs off on the request for
admin.revie"

Best to clarify that with the VA.Do you have a M21-1MR link for that?

When I filed my AR with VACO, my evidence was Rock solid ,probative and compelling....and the claim was awarded at the regional level eventually.

Edited February 10, 2013 by Berta

[qwiksting]

Ketchup, I feel your pain, as mine was denied at the AMC level as well, oh and Majically the DAV appeared back on my appeal as POA. No one has explained that to me yet. Howevewr, after calling BVA last week to check on my appeal status" With the VLJ" the operator told me that the BVA needed clarifacation as to who was my pow. I told them I had sent in a revocation last year before it went to the VLJ, and it was taken off as I had no poa, according to ebennies. It was remanded to AMC and denied,went back to BVA before I got the SSOC, and what do you know, DAV was placed back as my POA. So, I sent in another request to revoke DAV again. So basically DAV keeps wasted my time, as I have to wait on some paper work from BVA to tell them who my representation is. Again, it is not the DAV, just me and my evidence, (with mr. Hoppy's Letter).