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byjomat

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About byjomat

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  1. Thanks for the feedback. Tried to find an experienced 1151 attorney...none available...or, they don't handle 1151 matters...."you are your best adversary!" I believe my medical records show enough proof of malpractice/negligence to win the claim for me! I've had a C.U.E. hearing...and two (2) DROs...a 3rd DRO was promised...but, the Appeals Coach broke his promise for the DRO. What is "IMO/IMo"? Thank you...stay tuned for my success story...for other veterans in similar situations!
  2. Have an in-person BVA Hearing, Washington, next week. I'm going without representation. Looking for words-of-wisdom as to the general feeling of the conduct of the Hearing, etc. Is there an appropriate dress code? Are there certain things I shouldn't do...should do? Over-all what is the general tone of the Hearing? Formal? Informal? What is the general competance level of a Veterans Law Judge? Any other advice will be greater appreciated. Thank you.
  3. For the past three (3) years have had no representation. Previously, had 2 VSOs...they were incompentent. My claim/appeal is a "1151" for 6 years. It is based on malpractice/negligence by the Los Angeles VA Pharmacy over-medicating me...causing Chronic Kidney Failure Stage IV. Have had C.U.E. action and 2 DROs. The DROs were denied with the reasoning..."the VA gave me my Chronic Kideney Failure...correctly...therefore, there was NO negligence or malpractice in providing me with this wonderful condition!!! (LOL) Obviously, they were going down the wrong path of reviewing the case. The issue was...the VA Pharmacy erred in providing a harmful drug for six (6) years...ultimately, causing the Chronic Kidney Condition! VA acknowledged their wrong doing in their denial decision on the C.U.E. The C.U.E. was filed with the recommendation from my VSO at the time. Have contacted various VA Accredited Attorneys...they indicate they don't handle...or, don't want to handle 1151 matters? Chris Attig refused to look at it. I'm still concerned BVA will be continuing going down the wrong path of providing me correctly with my kidney condition...and, forget about the real issue of the Pharmacy! The Pharmacy realized after six (6) years,,,it was an improper medication...and, unilaterally modified it without a Provider's authorization! Additionally, have a pending Tort action for the same cause. FYI...the Tort action was closed for over a year as denied...Status of Limitations expired. November 2016...received a call from a VA Regional Counsel stating she is "re-opening" my denied case for final closure? Hmmm...? The re-opening of the Tort action is still pending? Therefore, it looks like I will be representing myself in a face-to-face BVA Hearing? Feedback welcomed.
  4. FYI & BTW...had a C.U.E. denied a couple of years back...does this put me on the Don't Approve Appeal list? Thanks.
  5. Gentlemen...appreciate the input/feedback. However, I'm looking for thoughts...from a marketing/sales position...would my success rate increase with a face-to-face BVA hearing in front of the Judge in Washington...or, stick with the video hearing? Would a face-to-face hearing be more relaxed...informal? Better vibes? Better body language? Feel the passion...so, the judge would be compassionate for my dilemna? etc? Thanks.
  6. I have finally succeeded to have a BVA hearing in April. It is scheduled for a video hearing in Phoenix. However, if I go to Washington...I can have the hearing in front of the judge...in person...face-face. Do I have a better chance of success with a personal hearing...or, stick with the video hearing? Currently residing out of the country...so, whether I go to Phoenix or Washington doesn't make any difference. Also, it's possible I can go to the US Embassy to use their facilities for a video hearing...saving a trip to the states. Your feedback would be appreciated. Thank you.
  7. Does anyone know what this means... (ROCONG.VBALAN@va.gov)? What would this person's job description entail? Thank you. That's it for the night!
  8. What is the criteria to file a complaint against the RO? Thank you.
  9. Would anyone be familiar with a publication dealing with control of procedures regarding prescription filling? In the private sector these publications are referred to as..."DUR"..."Drug Utilization Review/Report". It's a procedure's manual of what to do in unique circumstances within the pharmacy environment...ie, prescription exceeds recommended daily dosage. Thank you.
  10. Received DRO denial decision. However, the 30 days have gone by to apply for BVA hearing. May I still send in my SF9? Thank you.
  11. How do I obtain a copy of the VA Pharmacy's DUR..."Drug Utilization Review"? This is a policy/procedures manual about what a pharmacist should do when a situation arises in filling a prescription...ie, prescription exceeds recommended daily dosage from the drug manufacturer and/or FDA. Thank you.
  12. Pittsburgh RO told me I can't file a "Motion to Advance Docket" until I receive BVA's denial? Is this correct? Doesn't make sense...defeats the purpose of the "Motion"?
  13. What does this mean...? "Do you have a strong "IMO"? "IME" that follows the "IMO" criteria here at hadit?" What are the two (2)...satisfies the "2 key issues" of 1151 claims... ..."listed as "NSC" on rating sheets"? ...no other "etiology"? ...copy of your "RBA".? ... My IMOs were for direct SC due to "AO DMII".? ...Posting a "Redacted" copy of your SSOC...? Can anyone recommend a good attorney for an "1151" Appeal? Thank you.
  14. Sorry forgot to reply to these questions... What was your wait time?...wait time is pretty damn quick to get a DRO...couple of weeks. However, the wait time is the transcribing of the hearing. My first hearing's transcribing time was four (4) months. Once the Hearing Officer receives the notes...has to read and make a decision. First hearing was "denied". Requesting a new hearing...don't think that's normal procedure? Got it anyway...we'll see what happens in 4 months. BTW, you have the opportunity to submit additional documentation after the hearing...til the time of actual decision making. What was your outcome? Denied on the 1st hearing...
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