Administrative Silence,

[Josh]

Administrative Silence,

Good Afternoon Hadit Members,

I have not posted messages to this board in a considerable amount of time BUT needed to come back here to get “you all’s” advise.

My claim goes back years but it seems the VARO in Texas has not forwarded my claim to the BVA for review as per a message from IRIS. They keep on overlooking the obvious errors that were made in diagnosis, which forced me to literally fly to Colombia, South America to get treatment and survive. The ORIGINAL MRI Films, which I submitted, have seemingly been mislaid, and even my contact at the VFW which is my POA does not answer my emails anymore. I have been filing appeals all the way along and still they do not look at what I send nor acknowledge t hey have received it. I have a copy of all that was submitted which is a 3- ring binder of information, PLUS the MRI’s in digital form and a receipt notification. How can I “bop” somebody and get their attention?

Does the VA have a process which moves a claim out of a seeming “Administrative Silence Zone “and gets it back in the path to finish. I have posted the claim several times here including the MRI Copy for others to see. Berta has been helpful in the past with her input but if there are others…..Carlie (Hi Carlie) or more who may be able to get me their secret to getting their stuck or frozen claim moving, please tell me what it is.

It seems there was the name of a process that can be initiated but the name escapes me at this point. If anybody knows the name please post it!

Also what to do about the “mislaid Evidence?”

Thanks all, Respectfully… Joseph (josh)

[Josh]

Carlie, Hoppy, Berta and others,

Please read and check out the attachments. They will, in brief, fill you in on some of the evidence submitted and what I was dealing with.

And thank you all for advise you have offered

Time to review the options and plan the calls and conversational content.

All clues and comments welcome.... Also, Tell me does it sound like a good Story/Novel?

Josh

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6182009_Hi_Hoppy.doc

Hearing_Request_to_Hadit.bmp

Edited June 18, 2009 by Josh

[Josh]

more scans

20000714DrReynolds_to_Hadit.bmp

Hearing_Request_to_Hadit.bmp

[Hoppy]

Josh,

Like I said I was in a fog. I was not even aware this was an 1151 claim. I was suspicious that you were playing doctor. All I knew was that you had some films and you thought that you had been mis-diagnosed. I thought you were intrepreting the films yourself. It really does not matter how huch medical training you have if you are not an MD I really do not think the VA will give weight to your interpretation of films.

Now that I have seen Dr. Reynolds letter from 2000 I understand your situation. I am not familiar at all with 1151 claims. At this point I agree that you might need an attorney. I will read some 1151 claims and if I find anything of interest I will pass it along.

My big question is if the VA is required to develop an 1151 claim or if the burden is entirely on the veteran. Under civil law I was taught that an insurance company was not required to advance a claim against itself.

[Josh]

Hoppy,

I understand your suspician. No, I was not playing doctor. I went way out of the way to get medical help and to have to be flown by a then strtanger to another country is outrageous. Thank goodness that the angels were with me then. Hopefully still with me.

[WHOLESALE]

I get real suspicious too when someone plays doctor.

Hoppy,

I understand your suspician. No, I was not playing doctor. I went way out of the way to get medical help and to have to be flown by a then strtanger to another country is outrageous. Thank goodness that the angels were with me then. Hopefully still with me.

[Hoppy]

Josh,

I have done some research and find your claim interesting. I have some suggestions that may be of interest. However, I also have more questions.

Has a decision been made and was it denied without any C&P exams?

The letter you got from the doctor does in my opinion raise significant issues that need further development. I do not see how they can make a final decision if the doctor’s letter you posted was the only evidence in the file.