Josh

I have a complex situation here that needs some lead in background before I request your input/answers. Once upon a time there was a person who filed a Tort claim after they realized an error had been made in their medical care. Since the error was a “life-changing event” it was a major claim that was filed. The VAOIG had been involved at one point and the VAOIG´s Acting General Counsel handed the case to the VAMC’s involved indicating the VAMC’s were more suited to investigate the allegations. The VAOIG dropped out of the scene under the guise the VAMC’s Doctors were more capable to investigate themselves. As you might imagine after all the going round, the Tort claim was denied. In the meantime that individual filed an 1151 claim and because the time constraints on filing an 1151 claim were different, the claim was eventually perfected and the proof of error was laid out in full view. The proof was complete with lab tests and photographs that were able to conclusively show that a critical error had been made in their care that left them incapacitated for life. The answer for the 1151 should be clear. Without doubt, it should be approved. Now is the question… Since the VA Counsel General had originally denied the Tort claim on a now approved 1151 case and, through the 1151`s development he was able to show the Tort Claim “SHOULD HAVE BEEN” approved, where does that leave the VA? More importantly…. Where does that leave the individual? Thanks Josh

Helllo ibasser Josh here in Colombia with you. I live in a small town outside of Cartagena. Bogota is a long way away and would require a flight down. For a years worth of meds it would be woth it to be sure. The wife and I seem to be supporting the pharmaceutical companies here way too much!

Way to go Berta.. You have been quite an inspiration to many who have passed thee portals. Thanks for all your efforts here... I sure am glad the days of the hacker attacker are over for the board and for you Berta.. So long ago it seems that the board had to be shut down for awhile... Wow so much as occurred during the years here...Carlie good to see you active.. Josh I have a story about another veteran I have found here in Colombia but this guy is "on the edge"

Here goes the clip ;)

Greetings again all on Hadit. Thanks Carlie for the heads up about the ssn. I think I have perfected the claim and saw that a number of people were downloading the file. I truely think when it comes to that specific area, I can see no way there can be another denial. ... But it certainly is possible and maybe likely ,,, but there is no more to add EXCEPT the microscopic details of what a micro abscess is.... Like Berta, I too had to become an "expert" in the area I knew there to be an error... A serious error that almost killed me outright and I survived despite their cunning.. Josh Hmm thought to add a nice picture of Gio and I's view behind our home here in Colombia....Could I ever afford this life there... NEVER... And the Colombian Gvt is providing great incentives for US retiree's to come... write me if interested in more information. I will also try to add a small clip of the view outback.. ssoc_revised.doc

Berta I've decided NOT to send them. I looked through a copy of a page of the MRI I did send and they have enough, I do not want to complicate what should be a very simple on THEIR part.... To immediately approve... Josh

When in the US the VA was providing all the medications but now I live outside the Country. Can prescriptions be sent that way or only to a US Address? Thanks Josh

Question here, not a problem... I have aditional MRI Films that were not considered in the reviews that also show the times sequenced development of the brain abscesses. This woud be quite a find for a doctor to review for the sake of medicine learning BUT I do not want them to suddenly be unaccounted for or disapper. The immages don´t really add any new information they simly confirm what was happening at the time. Best to keep them or send them? Josh

Hi Pete and Berta... Thanks for both your thoughts on the claim and your consideration regarding my wife. I am going to let this reply go on and will consider contacting him in the near future. I do not know what is next is after getting this SSOC answered. I guess they could go to the board and have it sent back to the RO to reconsider this time recognizing the "unmentioned evidence".. the direct images. They will want to deny here but there is no way to deny the pictures provided by an MRI. Now it comes down to a rosolution of what is being veiwed on a 256 level gray scale image..hmmm old technology to be sure. Berta send me an email at myu yahoo address I'd like to ask you a very breif question and get your opinion. Not a medical opinion it is about data.

Thank you very Much Berta! What is missing here is the "picture" let me include it Berta.. Good to say hello to you again...So much has happened in the last two years. My wife had a heart attack after her bout with cancer so you can be sure it has been rough.. Anyway here is what I will be attaching that they continue to "NOT SEE" or LOOK AT. The try and get to Dr Bash from Colombia to review the films would be a real financial strain ... Prtobably out of the realm of possiblity... The there is the Nobel prize possiblity... hmmmmm Which is more liely the Nobel prize or getting VA Claim approved? Josh

Attached is the word document of my final SSOC reply to be submitted this coming week. TEAR it APART... If there is a hole, I will fill it, but this ship is without leaks.. Josh

Josh here again and must say this appeal process is getting old when they continue to NOT READ the relavent information sent. The most telling item is an MRI which was sent to then in total and is never even been put on the evidence submitted list. My VFW representative has not even acknowledged my email of recent and his address comes back as "ünknown user" His office phone ius no longer answered which makles me wonder if he has ¨flown the coop" or retired to the postal service totally. I will be answering the SSOC and will go on submitting appeals until they finally read and acknowledge what was sent to them. With the MRI sumitted (shows the brain abscess totally missed by them) the result should be hands down done BUT IF THEY NEVER SEE IT how can I possibly win???? If I ever tried to get away with what they are doing, I would be permently labeled as¨"patient suffers from denial"... Check that MRI and see what you think.. This is a textbook brain abscess and the Hematology tests show the infection was left for 7 (seven) years) and was flown to South America (where I am now) to get IV Antibiotics... UNREAL.. Josh

Hi Berta, This phrase actually was taken from one of your posts which was why I ask the question. Thanks Berta.

Greetings all, In a number of topics, I have been running across the phrase "a med opinion that does not conform to VA 's IMO criteria." That presupposes there is some definition of what does conform to the criteria." What is the criteria and where might I find it? Thank you Josh

Has anybody learned or been able to correlate waiting time for a claim to any factor? For example, do people submitting 1151 claims typically wait longer than others because they are put on the "back burner." Just currious what others have seen or felt about this topic. Josh The reason I had to ask is that I have submitted an overwhelming amount of evidence butit always seems they do not address the issue. This time I pointed out specifically an image on an MRI and gave the study date, the acutal images, and the fact that the images was seemingly never reviewed. That is impossible and more likely that with that image set, they knew they goofed badly and chose not to address the proof. oh yes I am on year 5 (five) ... It seems they are waiting for me to die and then because my wife and I live in another country, she would (they think) fade away. (That won´t happen)

Congradulations Betrayed on winning- I´m sure it was a fight to the finish. Good work!

GW1 I think that is great.. Years at the grindstone and finally got what you were due. I too have been battling it out on my own for years and have the experienced and the grief and delerium waiting for them too answer. Again, great news and now think about what you will do next. If you are interested in moving to a warmer more stable environment, they the carribean area and you will find the price right,, Just a thought,, oh yes remember that you would need to learn another language. I have found that part fairly easy.. Take care Josh

Dear Betrayed, RE; Still waiting for official VA notification, then I will have to go through this crying all over again.

So what may be the case is that those who have had claims going on from prior to 9/11 are just thrown to the back of the line once more. How Nice. ;)

I am so glad to see the approvals going up. There was a time when I was saying we are not getting many posts on this part of the board but it seems pretty full these last weeks. Great News... So when are the Hadit members going to have a get together for a cookout? How large an area would we need to reserve? ;) Tbird Very good idea you posted "ask them to send you a letter as proof of income and benefits and proof of permanent and total status."

Ralph, Really grreat news. Hope it allows you to get the roof fixed. smile. Josh Just out of curiosity, your heading was "the VSO was true to his word"... What was his word?

For some reason, one of the pages shows uploaded but I cannot see it. I´l try again. Ah yes... there was a momentary power failure in the middle of the upload... anyway I´llattach it once more.

First I must say that Hadit seems to be getting more sophisticated. Are we in the 21st century or what...Wow Anyway years ago, I submitted my medical case for investigation but wanted to find out whether others here on Hadit received such a letter. Also read the what worked well for you... In my case, what worked well was getting out of the Country to get antibiotics. Amazing to need to leave the US and go to Colombia for drugs when the white powder needed was only antibiotics... Now I live on a small farm here away from everything... I have three attachments here... 2 for reading and 1 for enjoyment and viewing How long does the process take.. Look at the dates of these letters.. mar252007_1_USC.pdf

I just noted in your post Berta you wrote ...and only my trolls come aboard now as guests-but they are OK.... hmmm Guest Trolls are OK. BTW Just how does one tell a guest troll from a real troll. this has got to bring on some jokes... he he he Good Night all Please take care of all close and dear...

I decided to add the MRI for those of you here who want to see an active brain abscess that went unread at the Denver VA.