AMA stopping legacy appeals from being completed

[Smitty2020]

So my appeal is a Legacy from May of 2015 appeal placed on the Docket November 2017. Now, I had me virtual hearing on November 2020, and still waiting on a decision. My issue is about the AMA and these appeals lacking any evidence and almost all being remanded back to regional office. I go back and look at the cases once they are uploaded for us to see. There is literally hundreds of AMA appeals completed with docket dates of 2019-2021 for every one Legacy appeal from 2018 and older. When a person goes through these cases you will see that more than half of these AMA appeals are remanded due to lack of evidence. I still, to this day, have over 40K appeals ahead of mine.  I have been waiting for now over 6 years for it to be completed and I wonder how many of these 40K will be remanded due to lack of evidence? I may wait an entire another year or more to get my decision completed due to these "BS" AMA appeals. I mean if you are going to file an appeal to the VBA get your crap straight its not just your appeal that is going to be remanded for more years but your screwing over other veterans. I'm not trying to be a hater here but this AMA didn't do anything but screw all of us over. My appeal is based on significant issue with the St. Louis regional office. I have been service connected with Systematic Scleroderma and the St. Louis RO denied all the secondary conditions with this disease. If anyone knows about scleroderma they know that it is called CREST and CREST is called scleroderma. I have been medically diagnosed with all the CREST issues, but all the ST. Louis office wants to rate me on is my Lung condition from scleroderma. This is all besides the point that I have now waited over 6 years for secondary conditions because my appeal cant get through the backlog of appeals that don't have evidence attached to them. 

[pacmanx1]

It is sad that you feel that way, I see that you have been a poster here for a while so let me try to explain to you that you are only seeing what the VA wants you to see. You not only have the shoe on the wrong foot, but you also have the wrong shoe on the wrong foot. My BVA grant that denied my claim for well over two decades finally went to the CAVC where they remanded my claim.

Back story, I filed a claim, and it was denied, filed a NOD and it disappeared,  reopened my claim and it was denied again not service connected, not related, no evidence linking to service. My claim went to the BVA where they remanded it, the VARO refused to grant my claim and sent it back the BVA where they turned around and denied my claim not service connected, no evidence linking to military service. So, I hired a lawyer, and my claim went to the CAVC where they remanded my claim and forced the BVA to grant it direct related to my military service and multiple evidence in  C-File. What, smoke and mirrors my friend, smoke and mirrors.

How could the CAVC find evidence that both the VARO and the BVA could not find. It is because the VARO and the BVA did not want to see what was there since my original claim was already documented in my file. Yes, based on my CAVC remand the BVA granted me a 1998 effective date, do to the evidence that was always, and I mean always in my file but never adjudicated and never rated. That means for well over the two decade the VARO and the BVA ignored my evidence or completely overlooked it thinking I would just give up. No evidence , lack of evidence, no, more of incompetence, or ineptness than not providing the necessary evidence.  

We all go through what we all go through your pain is no different than any other persons. Try not to blame it on veterans it is the VA system. I also have my 1998 claim waiting for a final decision on the one that the BVA already made. Pain is pain, the days when I cannot get out of bed are just that, days I can't function right. No need to blame someone else.

[Mr cue]

For most Case the long wait is because they ask for these bva hearing and in the old legacy u could ask for a dro hearing.

So my thing is  dro hearing are quicker they transcript the hearing and it become part of your record.

Some veteran ask for a bva hearing after the dro hearing and it take years to get the bva hearing. Than your waiting for them to transcript the bva hearing. It's a waste of alot of time for me. 2 3 year added

I have never ask for a bva hearing

 

[Scottish_Knight]

2 hours ago, Smitty2020 said:

I mean if you are going to file an appeal to the VBA get your crap straight its not just your appeal that is going to be remanded for more years but your screwing over other veterans. I'm not trying to be a hater here but this AMA didn't do anything but screw all of us over.

You are 100% correct... on the AMA part, but the first sentence here is not.

I understand your frustration, anger, disappointment, etc.  I truly do.  Each and every veteran goes through this and has nothing to do with us or rarely.  One could drop a 10 tonne piece of evidence in the lap of a VARO, and they'd overlook it.  The VA uses medical personnel (mostly) who have zero business practicing medicine.  Moreover, the VA has been a mess as long as it's existed and congress do little to fix it.

Again, your anger is understandable, just misdirected. 

[broncovet]

There are 2 major differences between AMA and legacy.

1.  With AMA the SOC is eliminated.

2.  With AMA there is no "certifying your claim to the BVA" done.  

    I, personally, opted for AMA, as soon as it was possible to do so, and my claims have been completed.  Yes, I know that many people, including law firms, were skeptical of AMA..and with good reasons.  

     Remands are a huge issue with both legacy and AMA.  

Here are the numbers for FY 2020 according to BVA chairmans report: https://www.bva.va.gov/Chairman_Annual_Rpts.asp

On page 38:

Legacy   Allow 33.8%.  Remand 40.6% Deny 20.3%

AMA.      Allow 37%.      Remand 28.2%. Deny 27.6%

     I also noticed in the chairmans report the number of new legacy claims is going down..fewer and fewer.  

Based on the above numbers, your chances of avoiding a remand are better in AMA (40 percent vs 28 percent). You also have a better chance of an award.  However, the increased denial suggests they are not remanding as many but denying them instead.  

     I used to get mad at VA a lot, now I got smart and beat them.  I have been awarded pretty much all I could hope for, with some small exceptions that Im working on.  (dependents effective date, and smc effective date).  

 

[Smitty2020]

Thanks for all the replies. I understand where everyone is coming from I am just so tired of seeing all the AMA appeals submitted after mine and then completed before my appeal. The fact that I chose not to move from legacy to AMA was that on VA.gov stated my appeal would be completed "SOON" and I figured moving to AMA would just move me to the back of that line. Oh well, Attorneys feel that we should have a decision between July - August and backpay completed by October, unless I get a remand since all evidence in 6 years old.