Steppenwolf

My service officer told me that there is a record of every time a case/record is looked at. He told me the name for it but i don't recall what it is. i asked him for a copy of it and he wanted to know why i wanted it. Each time i asked for it i was given a story...if such a record does exist that should prove one thing if not more: the date, time, person, and place where it was looked at. My guess would be this: if the case/records are missing that record of who when and where will also disappear shortly thereafter. Made another call last week to find out where it is and once again i got no call back.

i said that i would post this elsewhere and maybe i should but if i outline what happened here maybe someone can tell me if a seperate post needs to be created to find an answer to this question. Quick back ground: My home VARO was St Pete FL. My home where i vote is CT. After a DRO hearing and denial in 04 i asked for a travel board hearing. Was told at some point that it wouldn't be heard until Oct 08. i called the DAV in CT and was told that the wait there was not long so in 06 i asked for my records to be transfered to CT. In sort order i was given a hearing date of June 06. As mentioned the hearing seem to go very well. My DAV service officer who was in the hearing with me was so optomistic after the hearing that he actually said you'll get 60-70%, then we will go for a full 100%. By august i got the remand notice. Disappointed my SO said after reading it that it wasn't so bad, explained why, and told me that a new decision would be made shortly. i asked " how long is shortly " he said with-in a year. In Oct of 06 my house burned down. My SO put in a request to expidite a decision do to hardship circumstances. That request was denied by the same judge that heard my case. My life changed in ways i would never have imagined after the fire. The ER supervisor at the VA med center in CT asked me to leave without triaging me when i went there after the fire for help. When i asked why she accused me of "drug shopping". Although a friend gave me a place to stay i was quickly falling into homelessness. Everytime i called my SO he would say that the decison would be coming soon. Everytime i asked about it at another VA or would call the DAV and they would ask for my C number they would say that my claim was in FL. i would call FL and they would say that it's in CT. i would call CT and my SO would tell me to stop calling that he knew and i should know that my file was in CT. In the summer of 2008 i get a letter from the VA in CT that if i had any new evidence that i had 60 days to get it to them. In Sept 08 i asked the DAV in NC where i now reside about my case. They tell me it is in FL. i tell them that it always says that but that it is really in CT. An arguement follows. They call FL and sure enough my case is in FL. i call my SO in CT and tell him my case is in FL and he starts in on me again and it's a fight to tell him that i called FL and it's there. He calls FL and says that he doesn't know why it's there but i now have to write a letter saying that my home is in CT. i call my congessman he tells me i need a letter from the town saying that i'm a res of CT. He write a letter requesting that my file be sent back to CT. i hear nothing from anyone. i call FL and it's still there. Sorry, i do not understand the mumbo jumbo excuses they give for why it hasn't been sent back. i'm told they are done with it in FL and that it will be sent back. Now no one seems to know where it is. My SO blames me for calling so many places to try and find it. If there was a glimmer of hope that the new evidence would be considered i think those hopes have been dashed. Although i have a tort claim filed against the VA for non-treatment and consequnces resulting from the non-treatment; is it possible to file another tort claim for mishandeling this whole thing and now possibly losing my file?

In a discussion after church a woman who lived in France for a while through her school years said that it was her impression that one main difference between the French and the Americans is that in France the governement is affraid of the people. IN America the people are affraid of the government. When she said that a thought jumped into my mind of FDR's " Nothing to fear but fear itself " juxtaposed to the current collective fear message that gets drummed into our heads about everything from terrorism both domestic and foreign: the Homeland Security Advisory System is a color-coded terrorism threat advisory scale. , bird flu, SARS, poisoned food, water, global warming, failed banking, losing our job and homes, and the list goes on...if you listen and count how often the word "fear" comes up in the news, on TV and radio it may possibly shock you just how often this message is beamed out for everyone to hear. Who do we trust? Is it possible that the government is also affraid that there will be an uprising amongst the citizens so that we need to be monitored? Our phone calls and emails are subject to being read or listened to and we stand a good chance of quickly being labeled " a person of interest "...FEAR...how do we tell who the enemy is? Once we take this oath: "I, _____, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God." Does it end when we're discharged? And what happens when it appears that one of those "officers appointed over me" has lost his mind but is still in charge? Did you ever see Apocalypse Now? Colonel Kurtz played by Marlon Brando..."The horror...." How do you measure fear? How do you know truth? Who and what is the enemy? Does anyone know for sure? FDR: "So, first of all, let me assert my firm belief that the only thing we have to fear is fear itself—nameless, unreasoning, unjustified terror which paralyzes needed efforts to convert retreat into advance. In every dark hour of our national life a leadership of frankness and vigor has met with that understanding and support of the people themselves which is essential to victory. I am convinced that you will again give that support to leadership in these critical days." Kurtz: " I watched a snail crawl along the edge of a straight razor. That's my dream. That's my nightmare. Crawling, slithering, along the edge of a straight... razor... and surviving."

Look at the name of this great website: HADIT Interesting name for a site dedicated to those few of us who "served" to protect the many. Listen to all of the stories and it hard to fathom that the longest, hardest, nastiest, battle happens after your hitch is done. Don't remember anyone telling me it would be this way. i seem to remember many lectures from brothers who probably believed what they were telling us about how we would be taken cared of not about how we would be taken advantage of...in their hearts and mind they were telling us "the truth" about all "the benefits" we'd get if we made it through "this mans army"...the GI BILL, the education, the loans, the health care....in another mans army they're promised 72 virgins and an easy pass to paradise. At least in that army they don't have to apply to the VA which in some ways is a war of another kind. Not so long ago the now infamous Congressman Tim Mahoney (FL-16) who took the place of Mark Foley held a town hall meeting that i went to. During the Q&A i asked him if there was any truth to the story that i heard that the VA budget was second only to the pentagon but that the VA pockets got picked everytime there wasn't enough money elsewhere? Mr Baloney seemed distracted, he must of been thinking of a call he had to make to his sectretary or intern...he said, "sorry, what was your question"? As i started to repeat it he must have remembered that he heard it and blew me off with: " Whatever they take it's only chump change ". " Chump Change"? "CHUMP CHANGE"? A few of us looked at each other and there was a low moan in the group that he heard and tried to correct himself by saying: " I meant to say that that doesn't happen often and it's not that much ". " When did you serve Congressman "? "Listen!" he barked at me. " I serve in a different way and I called this meeting because I'm your ally; talk to my assitant when you leave. I have another meeting that I'm already late for, thank you all for coming." Behind me was most of the line that formed to ask questions. i wonder how many other gov officals think that our budget is ok to pick from for their bridges to nowhere and other pet projects....i wonder how many others think that it's only CHUMP CHANGE? Who are the CHUMPS? How is it that after we serve it's not important enough to make sure that the damage done to our body and minds is cared for as we were led to believe it would be? "CHUMP CHANGE" HADIT? You bet we have!!!

My appearance before a travel board judge left both, my POA and myself with the impression that for maybe the first time the evidence in my case was heard and would be considered; instead she remanded it back to the BVA. As always with the VA some off the wall crap happened and my records or case or who knows what word to put on it is MIA. [That fact i'll discuss in a separate post besides this REMAND post because it's one more chapter in the book of unbelievable stories about the VA.] But here is what i heard from two different sources: a law is either about to be passed or one that has already been proposed to "put an end to this remand BS". One of the people who told me that is a service officer, the other is a congressman's aide. Both said basically the same thing: " a travel board judge has the power to make the decision. Remanding only passes the buck, slows things down, ties things up and puts the decision back into the hands of someone with less authority and who has already denied the claim." And if i am not mistaking invalidates any new evidence so they can hammer more nails into your cross with the " new and material evidence rule " Has anyone heard about this and or have more specific news about it? Someone needs to propose the law ( bill? ) i would like to know who in our gov is truly an advocate for veterans rights and benefits. There doesn't seem to be many. Is it easily known how many of our elected officials have served?

The suggestion to search the forums and data base for answers before one posts has it's merits i am sure. Here for instance i used the word "remand" in the search and came up with so many posts i had no idea where to start. This post address's in a way what i want to say/ask however posting it here IMHO may not reach all of those interested in hearing about it or who might know something about it ( the question/statement ). So i'll post here and start new post about "The Remand". Maybe it will reach more people being in two places. If this is somehow the wrong thing to do i apologize. My appearance before a travel board judge left both, my POA and myself with the impression that for maybe the first time the evidence in my case was heard and would be considered; instead she remanded it back to the BVA. As always with the VA some off the wall crap happened and my records or case or who knows what word to put on it is MIA. [That fact i'll discuss in a separate post besides this REMAND post because it's one more chapter in the book of unbelievable stories about the VA.] But here is what i heard from two different sources: a law is either about to be passed or one that has already been proposed to "put an end to this remand BS". One of the people who told me that is a service officer, the other is a congressman's aide. Both said basically the same thing: " a travel board judge has the power to make the decision. Remanding only passes the buck, slows things down, ties things up and puts the decision back into the hands of someone with less authority and who has already denied the claim." And if i am not mistaking invalidates any new evidence so they can hammer more nails into your cross with the " new and material evidence rule " Has anyone heard about this and or have more specific news about it? Someone needs to propose the law ( bill? ) i would like to know who in our gov is truly an advocate for veterans rights and benefits. There doesn't seem to be many. Is it easily known how many of our elected officials have served?

If you believe in fate then it is surely at work here and now. As i mentioned yesterday, i was going to hand my claim in to the Regional Counsel in CT where the incident occured. But last minute i had to fly to FL. Once again i made a few calls and posted here for some answers and on my second trip back to Hadit i see that you posted the name of an attorney in West Palm Beach which is where i'm at now. i look up her phone number and called, left a message ( mentioned that it was the 11th hour and that i was eading down to the VA in WPB to turn in my SF95 ) and as i am reviewing my claim and the form she calls back. It's not so important to go over the whole phone call but suffice it to say that talking to her changed the plan. Had it not been for the unexpected emergency trip, your posting her name, and my rediscovering Hadit, my case would have been submitted differently and perhaps had half the chance of succeeding as now. One of the great things about Hadit is that veterans who have been through these mine fields before can help those of us who have not been through them a little advice and guidance. The attorney pretty much told me the same things that you mentioned in your last post: 1. The doctor/facility had the obligation to treat you. 2. The treatment was below the accepted standard of care and damaged you. 3. The damages can be identified and resolved through compensation. It's not that i had not been told that before because i had been told that many times. If there is anything to add to what you posted ( and i can see this implied in number 3 ) she asked me if i had records to support the claim that an damages were clearly and unmistakenly the result of 1 and 2. Before she could ask the question i said that i knew all about "expert witness" testimony and that all of the doctors that are known to be/give expert testimony were unwilling to talk to me beyond informing me that i had to be referred to them by an attorney. She said that i was correct to say that what i have in the moment is " a claim " and not " a case ". Most attorney's that i've spoken with over the last two years are not interested in cases that are not slam dunks. She liked my example: " I go in to have my tonsils removed and come out with my testicles removed " Lawyers will beat down your door for a case like that. But give them a challenge and the beg off. When i told her my sum certain she said that that would be enough for her to be interested but she wasn't convinced YET that she would sign on if my claim is denied. i told her that "YET" was optomistic enough for me to continue to make my own case ( she was fairly impressed with what i already knew and how i derived the 3m figure ) It was the 59th minute of the 11th hour when i got the SF 95 stamped. The RC and his assitant were waiting for me to hand it in so they could leave. i asked about amending and they both told me that changes could be made to the content as well as the sum certain. They also mentioned the 6 month clock resarting from the time of amending. Although it may be unimportant i noticed yesterday before i left for the VA that the young attorney who helped me write those so called "26 points of light" as i referred to them as had as the last numbered point of light: " Because I have been emotionally scarred by the negligence of the Veteran Administration and their failure to provide medical care, I am requesting damages from the United States in the amount of three million dollars ($3,000,000). i changed it to read "...the United States and the department of Veterans Affairs...." Any thoughts about that phrasing?

Thanks Jim for the step by step ( no pun intended ) A few things happened since i last posted. Most notably is that i had called the regional counsel at the facility where the incident happened and spoke with a person there who seemed very helpful. My intention was to submit it to her today Oct 16 2008. She told me that she would stamp it "received" and make a couple of copies for me. i spoke with her before reading your post and asked her what to write in Number 1. She told me to write "Regional Counsel" After reading your post i added :US DEPT of Veterans Affairs and above it i wrote Regional Council. Does spelling count? HA! Fifteen minutes later i got word that my Dad was in the hospital in FL so my brother and i jumped on a plane and now i'm handing it in here in FL with a note to send it to CT Also after reading your post i'm rethinking 8 and 10 i keep hearing that the most important thing beside the sum certain is to get it in on time and that it can be amended at a later date. Do i need to ask for the right to amend? If so, where?

Number 1 Submit to appropriate federal agency: This incident happened at a VA medical center. What "agency" do i write in here? The Veteran's Administration? The Veteran's Health Care Administration? Number 2 is Me correct? And my current address? or possibly the address that is still mine in the state where the incident happened? Number 3 Type of employment. Mine? The person who was/is directly at fault? Number 4 My DOB Number 5 My Marital status Number 6 Date and day of accident. "Accident" meaning incident? Number 7 Time it happened? Can it be approximate? Number 8 How much or how little do i include here? Number 9 Not Apllicable Number 10 This might be all of the 26 pointws of light that the lawyer wrote but maybe he wrote too much? Number 11 Other than patient advocate and a psych nurse my brother was the only one there. Number 12a no property 12 b $3,000,000 12c NA 12 D $3,000,000 Number 13a me 13b me 14 today's date or the day it happened? number 15- 18 NO 19 Do you carry public liability and property damage insurance? ? What does this mean? "Standard Form 95 is used to present claims against the United States under the Federal Tort Claims Act for property damage, personal injury, or death allegedly caused by a federal employee's negligence or wrongful act or omission occurring within the scope of the employee's Federal employment. These claims must be presented to the federal agency whose employee's conduct gave rise to the injury. The Form 95 need not be used to present a claim, but is a convenient format for supplying the necessary information. The Form 95 must be completed and state a claim for money damages in a sum certain amount claimed for injury to or loss of property, personal injury, or death. If a sum certain is not specified in block 12d on the Form 95, or in accompanying information, a submission cannot be considered to be a valid claim. The completed Form 95 must be presented to the appropriate federal agency within two years after the claim accrues. NOTE: If you need more space; at the end of your sentence or paragraph, write "See Addendum, pages 1-5, etc." As the claim proceeds through federal staff members and attorney's offices, you may submit additional "addendum" meaning, attachments. Federal Statutes The provisions of the FTCA are found in Title 28 of the United States Code. 28 USC 1346(, 1402(, 2401(, and 2671-2680.

Berta, A couple questions: You say: " The amount must appear two times- on this form...." Wings mentioned 12D in her post. Are you saying that i need to have at least 12B and 12 D filled in? Property damage doesn't seem applicable and wrongful death only applies if one could argue death of ones persona: the aspect(s) of "self" that are now no longer here. i am no longer the person that existed before the trauma and have lost friends, family, and long time girl friend who claimed that it is too much to ask of her to deal with my new personality. A common question is where did my "son, boyfriend, friend..." go? i know the answer to that question: He's dead! Of course i realize that a case for that claim would set a precedent that could bankrupt the country since every service person who has ever had to accept the reality that it is okay to kill other human beings; becomes a different person. So as true as it maybe that at least some of us die do to trauma's of war and other things i'm not sure it would help my case to put an amount in that box. As far as hiring a malpractice attorney i will restate what i said to Jim: most attornies that are familiar with suing the VA are not interested in taking on a case unless it is so absolutely clear that the case is going to be a slam dunk they always decline; most with formal letters. i will not stop looking for one however the one firm that took my case probono early on seemed to move me to the bottom of the pile. In fact i started saying: does pro bono mean "bottom of the pile" in latin? Anyway, when the intern asigned to my case finally got back to me ( over 6 months of calling, emailing, sending regular mail, and asking to speak with the attorney who actually spoke with me initally and decided to take me case; at best i'd speak with his secretary who of course would not give me any information) he asked me for ALL of my military and VA records. i couldn't imagine ordering, finding, gathering, every record that the US gov had on me and "sending them" to his office. Asking why he wanted to see all of everything; he would say " don't ask why let us decide ". i managed to send them a couple boxes of files but he kept asking " is that all of them? " i would say no that i was trying to find them and inquire where they were, then one day i got an email from him saying they would no longer be representing me because " You have been uncooperative ". It floored me! He wouldn't respond to any of my calls or emails and when i asked for all of my records back he told me that they had nothing except my retainer agreement! That period of time consumed about one year. So here i am with 6 days left to get it in. If you can read my posts to Wings and Jim, if there are any questions you can answer in any of those posts as well as this one i would appreciate it. Thanks

Wings, In responding to Berta, Jim and you, i am hoping that i am asking the right questions to get this form in on time. In the reply to Jim i mention the sum certain amount of $3,000,000 that the attorny came up with based on a particular case. Since he mentioned the case by name over the phone and i did not write it down i'm going to call him in a half hour or so and ask him the exact name to see if it is indeed similar to mine and if it can be argued if and when my case goes to ?court? For now what seems to be the best advice so far is to GET IT IN. So to THAT end i'd like to know if you can answer these questions: 1 How and where do i ask for a right to amend? and is "revise" a similar word or should i ask for a right to amend and revise? 2 The next question is: where do i submit it? ( been told that it doesn't matter where the incident occured that i can submit the SF95 at any VA facility ) It seems to make the most sense to submit it at the facility where the incident occured. 3 Do i ask for a receipt? If so does it come on VA stationary signed by a particular person? Regional counsel? Is there a form number for a receipt of SF95? Lastly i was told by a friend of mine who works at the regional counsel in another VA facility that there is at times some leeway based on the fact that something may have occured on Oct 14 2008 for instance but it was not realized until Oct 30th that X occured. In other words "when one realizes that the incident occured rather than the date it occured". Is she right about that? In my case the incident occured on Oct 20th 2006 but it wasn't until sometime later that i realized 1 that it caused all of the conditions that still exist and 2 that there was recourse in the form of SF95. i do not want more time to prepare a case before i submit the SF 95 however i think it is a good point to understand if indeed there is truth to support it.

I was doing a Google search on filing a form 95 and came upon this: Standard Form 95 - hadit.com Veterans Forum Jun 18, 2007 ... He wrote to me constantly, and called me about his case but I had to keep reminding him to send in the SF 95 that I had worded for him. ... www.hadit.com/forums/index.php?showtopic=11087 - 61k - Cached - Similar pages It seems that I was discussing this subject with Berta over a year ago. I don't recall. I was reminded that the statute is about to run out and I am not sure if there was anything that was told to me that I need to do. Tomorrow I am meeting with an attorney who's office has a plan or a program to help veterans. He is not familiar with form 95 but said that if we get it in on time we can amend it later on. Does that sound right? Any help is much appreciated. Thanks Step

HB2U USA

This thread has helped me understand what a letter from a psychiatrist needs to say. Can i post one of the letters from my shrink with names X'd out for feedback, or is that a waste of bandwith? Thanks for all! Wolf

In another Topic someone asks "which state is best"? Naively, i once thought that all things being equal it didn't matter which state your case was heard. If this is true it should be made public and if it is public already i would like to see it here. One of the DAV SO's in FL told me that FL was one of the worst, if not the worst state to file a claim....and when it came to hearing before a DRO or Judge you could wait 3 to 4 times longer than any other state. In part he claims that it has to do with the so called "snow birds" who clog up the system. i can tell you first hand: when the winter comes it takes months to get an appointment in any clinic. A couple of other things told to me: 1 You can not change where your case is heard. ( i did ) 2. You can not change your representation after you claim is in review as mine is. ( don't know if this is true but don't want to waste time trying to change organizations if the new representation isn't going to be better than what i have. ) Moving my records and request for a hearing before a judge cut at least two years off of my wait time. i was scheduled for a hearing in Oct of 08 and was heard June of 06. The judge did admit that she does FL too and that it is indeed a long wait to be heard. 3 That i can not turn in my life time membership to the DAV. 4. Once you have been Dx'd an alcoholic you can only be in remission. The Dx is their for life. Since the last thing was told to me by one of the doctors in mental health that heads the substance abuse clinic i've been told that i can request a review and change of records...more writing letters and sending copies of records etc. Sometimes i feel like " Poor ole Charlie who couldn't get off the subway" in the Kingston Trio's song MTA

VA med center Newington/Rocky Hill CT

Your IMO's disappeared? i thought that kinda crap only happened to me. Sorry to hear that Berta So to be clear, Dr Bash is not a doctor or the director of the POA is not a doctor? And how many IMO's did you have from Dr Bash? And why would you have/need more than one? Do you need one for each disorder? And you asked: "How can a non medical SO have any idea whatsoever of whether an IMO will help you or not?" He just sticks out his chest and in one of those egotistical tones of voice that i've heard from many SO's: "I know everything about VA claims" kinda voice says: "You can do what you want but IMO it's a waste of money and may even counter the words of your original letters from your private doctor" BTW Bash asked for copies of all letters from all doctors.

Hey Allan, Dr Bash took a lot of time to ask me questions over the phone. He convienced me but it was my SO who told me it was a waste of money. Maybe if i didn't listen to the SO and got the IME the judge would have ruled differently and i wouldn't be back in the loop with no money coming in. Thanks for your reply. Stepp

Just lost my reply...it's a good metaphor that i seem to always forget: before hitting "Add Reply" select all and copy. i didn't do that so all i want to repeat from that lost post is: Your advise is always good and it's good to know that you are here willing to help! SW

Too bad there isn't a way to know who's good and who's not. But that's like wishing for peace in a world where ego's run wild and people die in the name of God and Oil.

Carlie, "I don't think any hearings are ever held in a VA hospital, it was more likely than not, a regional office." It was held at the VA hospital. "someone actually reads it ALL when they are rating your claim," If someone actually read it ALL perhaps Hadit wouldn't exist as it does now: to help those who have not been treated fairly or correctly.

Thanks Berta, Once again the info given to me by several people including the exit exam doctor was that there existed a "presumptive period" of one year for anything that might develope after discharge. I have 2 chronic problems: back and prostrate. Back troubles occured while on active duty and are mentioned several times in my records although it was chronically called acute. ( had a constant supply of pain meds over three years ) The prostrate was never mentioned in my military records but was discovered and named chronic by the VA med center with in the first six months after discharge. i found the exit exam doctor who currently has a practice in Puerto Rico. Will a statement from him help now? So i take it by mentioning the reg(s) number that if i want to read up on them and see if i can get them to fit my case i can do that. And that IS a good thing to have regs and cases that one can read to understand how the law applies to them. Speaking for myself but guessing that i am not the only one experiencing this problem but i have lost several girlfriends, and a few family members who think i spend too much timme "obsessing" over legal matters that i should leave it up to those who's profession it is to know the law and these things and let them help me. Sadly i discover when i read the laws and regs that the people i have depended on usually know less than i do after studying said regs. This has resulted in zero for me and maybe even less since i lose my relationships and the people who's job it is to know don't like someone who may know more than them. [ On a matter concerning my house burning down i found out that i was denied an appeal for a reduction in property tax based on a law that i was told existed to prevent ghetto landlords from leaving burned buildings derelict. i asked my attorney of 20 years if he could find me that law so i could read it he got angry with me and told me to let it go. He finally got the law book out and read it to me condesendingly ( like i was a child who needed to understand why i was being punished ) as he was reading i quickly saw the flaw but he read on and on....finally when he took a breath i asked if he was finished and pointed out that the law did not apply. In the first sentence it stated: "In buildings that are burned beyond repair...." My house was determined to be "repairable". Plus there was yet another unique aspect to my story ( like me and my whole life ) the property is zoned "general commercial" when i purchased the property residental was allowed. It is no longer allowed. The house can not be torn down for rebuilding. There is another law that says i must retain one wall of the original structure in order to keep the residental zoning statis. If it burned to the ground i would need to appear before a "special exception hearing" for approval to rebuild. i needed a statement from the town that i could rebuild incase fire totally destroyed the property. SO hear i am once again being unique and "special" but not in a way that serves me well. My point being that in a way i now totally get your statement about "we are all advocates here". When we are put in the position to read and know every aspect of the VA laws at least as they apply to us, we do it because it helps us to know all aspects of the laws and how they apply. Is it any wonder that my friends and family think that i am obssessed and bordering on possessed? We really shouldn't have to know the laws like this. "Sometimes i grow so tired"