Josh

Obviously you are doing it right Marine Dog. I give you a Woof Woof... Woooooof Smile Good Job Josh

Once again Angela FYI There was a Tort claim filed but because I was out of the country, it was impossible to contest it in a timely fashion.... woof I wanted to bite somebody big time.. They also said that because Ï KNEW OF THE ERROR¨and did not file a claim it was past the SOL.. I knew of the error alright but when the active illness is left go for years, 1993-1999 which ended up with my being in the nursing home, therte is nothing a person can do especially if you are unable to write or walk. Shit (excuse my expression) when I cald a state agency for help I was told t here ¨could be retibution¨if I continued to talk like I was doing. Am in Colombia SOuth AMerica now playing the waiting game..... Last week I had more testing done as a doc said the is a possibility I have colon cancer.... Will find out more this week. Josh

Hi Angela, The Claim I have at the DRO level is an 1151 type claim. Currently it is being reviewed by an IMO of thier choice as I had submited the claim with 4 IMO´s including one of their own cheif neurologists. The file currently has 15 volumes and not including the 55 pages of supporting documentation together with a congressional inquiry. I will win this one the question is will it happen while I am alive. Josh

Vicki, Have any of these conditions exhibited themselves or would your 1151 claim be a presumptive condition that may happen with time? Josh

Pointman, Greetings. Regarding time limitis for an NOD--- Wow if memory serves me correctly ( and the memory is getting worse) it may be 60 days. Others here will surely know more. Josh

Hi Angela, Josh here with you to add an unusual twist to your reference noted below. Your Reference (See Reonal v. Brown, 5 Vet App. 458, 460- 461 (1993) Held that a diagnosis made on an inaccurate factual premise has no probative value.. I have a case at the DRO currently where an inaccurate diagnosis caused quadriplegia. The VA docs took a known diagnostic error made by an HMO physician and covered up the error thus freeing the HMO from liability as the error extended for more than two years which was the statute of limitatins in the state where the error occurred. The VA MD´s never made any attemp at all to "solve the diagnositic puzzle" resulting in my being confined to a nursing home for more than two years and a wheelchair for more than three. I met a girl on the internet who brought me to her cou ntry to get treatment I knew I needed but was refused there. This treatment saved my life but the damage was severe... Question is whether or not this same standards about diagnositic error apply in the reverse... I hope so Josh

Greetings Retvet, Like Jay indicated, it is very nice to read good news these days. Joseph

Terry I had two more pages to add but was unable for some reason. It is possible the file space required is greater than allocated on the system. Josh

Terry here is the Medical opinionthat was sentin with my claim. This willprobblu not help in tour request but may have some useful land mark health status information. Josh

Hi Berta, Josh here in Colombia- I am always looking at your posts for imformation I can use. You have seen my claim in the past and mentioned that my claim was very similar to your hsband´s in that the VA caused quadriplegia and was caused by a certified medicl error. I too filed the tort claim but could not follow through as I was forced to leave the US to get help. I will see what happens in the 1151 as it is presently being reviewed and they are going to an outside source to obtain a medical opinion. I included three medical opinions that there was an error so it willbe interesting to see what is written on the SOC. I anticipate getting an answer befor the end of the year ande I will certainly post the results here. All I looking for at ths point is 100% SC with R1 (which- I already am receiving 100% NSC pension for) the question will be how far back will they go. Retro for how many years..... I am fairly certain that if I get that (100% + R1) they will offset the retro bythe amount already recieved. Also since I receive Soc Sec every month, I do not know what the combined effect will be. I follow you in your quest for justice Berta. A big hug to you Berta (((((((((((((((((Berta)))))))))))))))) Josh Joseph Hertrich

Todd, I have had my claim in for about five years total time but there have been many steps through the process. However I have also heard others get decisions in a matter of months but I thinks that is rare. If you are new here welcome. I used to be more active but am getting worn out waiting for them to decide and life mu st continue. But the claim must be attended to to keep it moving forward. Presently my claim is as the DRO level where the VA is getting an outside opinion. So this is an odd occurance-- I have the VA Cheif of Staff Neurologist say there was clearly an error that the VA doctors overlooked for 7 years which caused among other things quadriplegia. Will they go back to when the mistake was made or only to the point where I was physically able to file a claim. ok enough bla bla bla from this black sheep and welcome to Hadit.com

I am glad to see you wre approved Kirk. I bet you would rather have your kidneys working though.

Mary, I think it is wonderful your hubby finally got approved. One day I hope to post here with a successstory also. Enjoy life for as far as I know we only have one chance.

Hi TBird Josh here with you and wanted to add that a section for 1151 claims would also be useful. BTW hope all is going well with the new board.

:P Greetings to all... I have returned from a Hawaii trip and am glad to be back to share more with you all. The journey was long from South America as we had to go to Miami first then on to LA finally to LIH. Spent a week on the island of Kauai then off to Oahu. ;) I´ll post some photos later but am glad to be here again sharing with you all. You all take care of yourselves Josh