Remand Update

[Berta]

The Buffalo VARO is in physical possession of my files, remanded from the BVA in less than 51 days-

This is now an "open appeal action" and in "active status".

Since my POA would not support this remand request at all-

and they were sticking to the erroneous SSOC I got as their way of not giving me support, I have sent a five page complaint letter to their director and their training officer as to the lack of knowledge of even basic VA regs and case law exhibited by 3 individuals at my POA in regards to my claim.

What is good for my position (but bad for these veterans) is that their Remands at BVA show this lack of knowledge that has adversely affected others on their POA. They have to do something about this. It could sure help other NYSDVA claimants and could begin to erode the Buffalo RO's policy of denials without basic VA rights-as I certainly have complained about to a higher level then the VA.

Edited September 18, 2006 by Berta

[Guest allan]

>The Buffalo VARO is in physical possession of my files, remanded from the BVA in less than 51 days-

Hello Berta,

51 days & it's already at a RO? My BVA remand is now 93 days, but it's still collecting dust at the AMC. They say it could be several months before its even sent to a RO. The status is "ready to rate".

The remand says, St. Petes failed to review or include Dr Bash's opinions in it's 2005 SSOC, as is required by 38 cfr 20.1304 ©.

It's my understanding, that they made a disicion on the claim for Multiple Sclerosis sometime in 2005. I don't know the outcome of the claim because they are holding off untill the spinal & other issues are finalized.

Since the claim is being held at the AMC for an indefinate period, waiting for an adjudicator at a RO to be free to take the claim, seems like they should atleast tell me of the outcome of the MS claim, so I can recieve the health care for it. I have read much about MS patients needing to recieve care to prevent getting worse.

Is, Paxil, Baclofin, Busparine, & a few 5mg tabs of Oxycodone a day, all that can be done for MS patients? They forgot to send the pain meds last month. Or so they say. It makes it difficult to live when they periodically withold the pain meds. They always seem to remember the others.

[Berta]

Allan -actually it took less than 51 days-

It was already being sent back when the BVA Ombudsman told me the remand occurred.

My POA filed a 4138 (first one in 3 1/2 years ) to CTA and it is a riot that they filed this AFTER the case was sent back.

Obviously when I requested the Remand- my strong letter to the BVA was supported by significant evidence-of the prejudicial defects in the transfer of my file to BVA.

Someone- an appeals coach- appears to have also attempted to intervene in all this in January-at the RO but I am not sure of that -the claim should never have gone to the BVA.

Someone on my POA- at their office -right at the VARO did not want my files to come back.

The RO already has a request from me for a specific document and it might not even be there in the c file-

If it isn't there-they (my POA) aint seen nothing yet-as far as me raising hell-

My POA has suggested twice that my IM0s from Dr. Bash are not appropriate as evidence-

and this is why the first one was ignored-also I was told the DRO could not read medical evidence.

That's good. How many other claims did she deny on that basis.

The VA has never refered to ANY of my medical evidence at all.I had plenty in addition to the IMOs.

Dr. Bash is the only doctor -since 1988- who has ever properly diagnosed my husband. This is why they are afraid to even acknowlede his opinions.

The VA never diagnosed Rod right. (FTCA/Section 1151 Award)

[Berta]

Terry-it is prejudidial error on the VA's part to deny any claim that could possibly be substantiated with evidence-if the veteran did NOT receive the proper VCAA Notice.

This has been fully covered by NVLSP in their VBMs since the VCAA became law in 2000.

The VCAA Scam that is occurring is what has increased the BVA backlog.

R0s and NSOs and vet reps are apparently holding each other hand's on these violations-

and the gets claims held up for years with no movement at all at the BVA- and certainly vets can die waiting that out. Then the Remand process takes additional time and it appears that this is when a VARO employee actually has to read the claim-because up to that point they dont have to.They just have to deny it,with a VCAA violation that they know most vet reps will never question.

Then the RO can take a 930 credit, put it on the RO Morning Reports and one more claim appears to have been worked on at the RO

but it hasn't probably even been read.

Edited September 19, 2006 by Berta

[Pete53]

Berta:

Good Luck but I think that you have all the bases covered.

[Guest allan]

>Dr. Bash is the only doctor -since 1988- who has ever properly diagnosed my husband.

Dr Bash was the first to theroughly examine all my medical history including the SMR's & provide a firm diagnosis.

My guess is, the AMC will bury it as long as they can & then some. It will be sent to another VARO that will act like the IMO's don't exist & deny it on any BS they want to make up. The BVA will then remand it back to the same AMC that will again & again bury it, or pass it off for the RO's to deny it.

Other than file storage & phone operators trained to pass you off, what exactly does the AMC do? They don't process claims or provide a decision. Niether does the BVA for that matter.

I'm not saying this whole outfit is trying to cheat every veteran, but it sure is run like a DOD contract with Haliburton.

[Guest allan]

>Dr. Bash is the only doctor -since 1988- who has ever properly diagnosed my husband.

Dr Bash was the first to theroughly examine all my medical history including the SMR's & provide a firm diagnosis.

My guess is, the AMC will bury it as long as they can & then some. It will be sent to another VARO that will act like the IMO's don't exist & deny it on any BS they want to make up. The BVA will then remand it back to the same AMC that will again & again bury it, or pass it off for the RO's to deny it.

Other than file storage & phone operators trained to pass you off, what exactly does the AMC do? They don't process claims or provide a decision. Niether does the BVA for that matter.

I'm not saying this whole outfit is trying to cheat every veteran, but it sure is run like a DOD contract with Haliburton.