Interesting little blip under AMA (maybe?)

[GeekySquid]

Interesting little blip I discovered today and am wondering if anyone else has seen these same things under the AMA process.

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The situation:

I just applied for a rating for Voiding Dysfunction as the VA said I had a possible claim when they granted my ED claim.

The whole C&P was a joke and I suspect I will  have to appeal based on the fact the Dr was not qualified among other reasons.

However, the blip is that today I went to VA.gov to check the status. I do this to track how many days it takes to get to each stage.

In the file today I noticed it had two closed requests so I went looking around. Both requests are marked closed

Documents filed

Request 2

Exam Request - Request for Clarification  ---Now who they sent this too and if it means the VA has the C&P is up in the air. I will call peggy on monday to find out.

No longer needed

Request 1

Exam Request - Processing

No longer needed

 

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One the files tab under additional evidence was this line

Additional evidence

File:
Type: VA 21-4192 Request for Employment Information in Connection with Claim for Disability

 

Now the blip is that I own my own company, and nowhere in the claim application, C&P, or my VA files is the name and address of my company. Nowhere is there a reference to the fact that I own a company. This is intentional on my part.  The Dr who did this C&P did not ask who I worked for or what type of work I did. He only asked how my BPH was service connected and how having to pee a lot impacted my work.

I have not received that request form and of course the VA does not show dates sent.

But VA.gov does show that 2 requests were made and both were closed on May 15th and 17th respectively.

I am 100% P&T and generally work at my office or home.

In none of my claims has there ever been a letter from the VA asking about my employment and I don't remember ever seeing that Form Name or Number on any of my previous claims in Ebenefits. I searched my existing C-File copy and that form is not in there at all.

I am wondering if this is a new thing under AMA and who they sent that form too. It is aimed at an Employer not at the SSA.

I am also wondering if I will be able to get the form and who they sent it too from the VARO office when I go get the C&P once I know it has been brought into the VA system.

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There is also this under additional evidence

Additional evidence

File:
Type: VA 21-8940 Veterans Application for Increased Compensation Based on Unemployability

 

I did not file an IU request. I am 100% already. IU would be moot.  I searched my C-File for this one too and that form has never been recorded into the C-file.

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 I don't know if the presence of these files is some automatic thing under AMA. I will have to look and see if they are just new form names and numbers under AMA, but either way they were never sent to me or filled out by me in any of my claims.

 

 

[FormerMember]

If you want VA (or Seattle RO) to take you seriously, hire an attorney/agent. We just call up the CMA (in this case, Tina in Seattle) and explain  this type of insanity to her. Remember, with the new NWQ, it isn't necessarily Seattle doing you claim now. It may be Waco, St. Paul or another RO. Read Moody and then read any cites in Moody to other CAVC/CAFC cases. Moody stands for a sympathetic reading of the claim if you are pro se. Being repped by a VSO is still the same as pro se.

 I took over a remand back from the BVA. I politely asked the DRO to cut me a SOC and return it to the BVA so I could submit a professional IMO to win it. The DRO in Waco called me up several days later and said they'd taken a second gander at it and were granting the Agent Orange exposure based on the same evidence. I think the mere threat of the new IMO and the new representation by a real advocate ( instead of the Texas Vet Commission) was enough to convince them we were not going to go away. Sometimes just having real legal beagles working for you convinces them to grant. 

[GeekySquid]

3 minutes ago, asknod said:

If you want VA (or Seattle RO) to take you seriously, hire an attorney/agent. We just call up the CMA (in this case, Tina in Seattle) and explain  this type of insanity to her.

@asknod

Thanks for the reply.

My issue with the RO at this moment is not about the NWQ.

I will try and keep it short.

In 2018 I went to the office and asked to speak to someone to get a copy of a C&P that had been decided. I never got past the front desk. This happened on 4 occasions. I was told, "we don't do that", "no one is here to do that", "we don't have a computer to do that", "the va does not let you do that", respectively.

My VSO is basically useless. That is a long and detailed tail of the surly being pushed by the incompetent to the point the last time I called them (the office in the VARO) the first person told me the computers were down (the surely) followed by a second person who go on and said "we don't have access cards to get into the computer an don't know when we will " (the incompetent). My labels may be backwards but that is how i feel.

Since then I have had 3 C&P's (one that the VA by itself decided I need about my Hearing Loss that took a drive to Tacoma and 5 minutes to complete) . I need these documents to file the NODs and to request EED or file a CUE on the Hearing Loss SC for EED back to 2012/13.

I have also had surgery and up until friday I was in a wheel chair. Even without it I need to use King County Access Bus to get around and they only work on set schedules you have to arrange in advance for pickup and return. My car was totaled and then I got a Lis Franc Fracture. I am not walking/standing much for some time to come.

I need the VARO to be available when I get there. I don't have the luxury to wait around. Even on my crutches I cannot put weight on my left foot and cannot stand for more than 5 minutes at a time.

My VSO is still useless and as of Friday still says they don't have access. i would fire them but at this point all the others up on the hill seem just as useless.

My goal here is to get all the things service connected that the VA f'd up and that will set a basis for a possible, and I do say possible, retro pay claim in the 100K area. That will likely be a fight, but I will hire someone once I get this ground work laid.

I wish i had a "Tina" CMA to call just to get past the front desk. I cannot imagine printing 3 C&P's will take up much of their time.

I am sending for a new c-file once I can get to the Post Office. I don't even trust the VSO to do that right.

[paulstrgn]

5 hours ago, GeekySquid said:

did you happen to see something similar in your Claim documents on VA.gov?

I just looked and it only had one "Exam Request Processing" then it says no longer needed. But the crazy thing is underneath documents filed it list 30 - 40 documents, one of them being a "Buddy statement". Believe me I do not or would not have a buddy letter for ED. It is crazy.

I have in the passed received other veterans information in my decision letters. I called the VA and let them know. They need to do a better job with making sure the wrong person doesn't get our information. I am sure that is what has happened to me when the BBE does not show up. Who knows who has my SS number out there.

[GeekySquid]

1 minute ago, paulstrgn said:

Believe me I do not or would not have a buddy letter for ED

did your wife sign a statement? if not f'ing WOW. who would do that besides your wife?

 

[paulstrgn]

Just now, GeekySquid said:

did your wife sign a statement?

No, no one. The only buddy letters I have is for SA which I am waiting on the BVA to decide.

It has been stuck with their FOIA section for a FOIA request I did in September and received the response in mid March. I called the WH hotline Friday about trying to get it moved back into production.

[GeekySquid]

2 minutes ago, paulstrgn said:

t has been stuck with their FOIA section for a FOIA request I did in September

good luck on that!!!