Josh

Otey, In my opinion this would be a real reach to call urinary retention due to antidepressants a 1151 issue. Josh...

LeRoy, You have a complex sentence to disect there but it appears what they are saying is that the decrease in vision was due to the "natural course of events." Josh

Mike that is Great news!!! But now you cannot give out the secrets to Hadit members. B) Josh

Hi Bound, You have recieved "notice of good news pending." That is wonderful!! I see what you applied for in the topic but how did you get there and how long have you been waiting for an answer? Josh

Sledge, Josh here and I truely agree with Terry. When you know what you need and keep on working toward that goal, you will acheive it. I have nearly died trying to get my claim as far as its gone and the two step is not over yet, Don´t give in to delay tactics. Josh

Greetings fellow Hadit Members, After my original post, I sent the VARO IRIS system in Houston the DHL Waybill and then received notice this morning. The Houston VARO has received the Form 9. Yaaaaaayyyyyy!!!!!!!!!!!!!!! Thank you all for being there in those dark hours of despair… Big hug to all ((((((((((((((((((((((Hadit Members))))))))))))))))))) Josh More notes to all at the bottom. Again.. Gio and I thank you all for your concern and heartfelt support. ---------------------------------------------------------------------- Mr. Black sent the following reply. Mr. Hertrich: (From 4-11-2006) Your VA Form 9 was received by VA on 04-04-06. It is now noted in our database as received. Sincerely, Paul R Black Chief, Veterans Service Center (3027) ß Note for the records here on Hadit this must be his extension As you all know the reason I got so livid is that I had received the following message. Mr Hertrich: (from 4-10-2006) No VA Form 9 has been received by VA to date. Please keep in mind that your service organization(VFW)is not VA. Even if they received the document timely it doesn't constitute timely filed with VA. It must be received by VA by the time allotted. If we can be of further assistance feel free to call us at, 800-827-1000 or visit our website at, www.va.gov. Sincerely, Paul R Black Chief, Veterans Service Center (3027) ---------------------------------------------------------- Oh yes.. Berta, the information you have regarding Director Ursula Henderson 1-713-794-3661, 6900 Almeda Rd., Houston VARO is outdated as you guessed and I have no updated information for that individual… Hope you are doing well these days Berta. Pete, as you suggested a person must keep their "eye-on-the-ball" no matter where or what the field of play. The package was signed for by mailroom clerk. --- Railroader…did not need to resend the package this time… I was hoping that would not happen and it did not.. Thank the Great and Powerful Oz. Bound for Heaven… One day we will meet as I hope that (Heaven) is where end my stay here. ;-) Jlshand thanks for the input and as you can see from above he does have an extension noted there.

This was the DHL delivery Air Waybill Number Origin Service Area Destination Service Area Status 9036872482 Cartagena - Colombia Houston - Downtown, TX - USA Signed for by: PBROWN Shipment delivered April 03, 2006 09:28 9036872482 - Detailed Report Date Time Location Service Area Checkpoint Details March 29, 2006 18:09 Cartagena - Colombia Shipment picked up March 29, 2006 19:55 Cartagena - Colombia Departed from DHL facility in Cartagena - Colombia March 30, 2006 04:38 Bogota - Colombia Arrived at DHL facility in Bogota - Colombia March 30, 2006 04:46 Bogota - Colombia Shipment on hold March 30, 2006 22:03 Bogota - Colombia Departed from DHL facility in Bogota - Colombia April 03, 2006 07:12 Houston - Downtown, TX - USA Scheduled for delivery April 03, 2006 07:34 Houston - Downtown, TX - USA With delivery courier April 03, 2006 09:28 Houston - Downtown, TX - USA Shipment delivered Try a new search. DHL Tracking services

I am livid right now and hope writing takes away my deep anger. I sent in the completed form 9 by DHL and it was signed for by the Houston regional office. It was sent direct to my service officer and he has not replied or even let me know that he as got it in his hands. The deadline is this Friday and even when I called the phone number provided it has been changed. The IRIS system was written and they indicated the Form 9 has not been filed and that I could lose the chance to file if the deadline passes. Being in South America does not make it any easier to file a claim and when an SO does not at least act like the mail man he is that is a very serious problem... I just hope I do not have a heart attack thinking where is the information sent... What a cluster F... If I lose th is claim because of a negligent VSO, somebody will pay.

Ohio Donn you wrote; As an example I went to the Urgent Care on Monday morning at 845 a.m. for a back injury. I signed in and waited until 12:30 p.m. before I finally gave up and left. Just out of curiosity, if it was so urgent, why did you leave? I agree with you that the "care" is poor .. The last time I went to the ER I got there about 11:45 AM but was not seen until 1:00 am the next morning.. That was outrageous.. In the mean time the ER Staff switched..

John, That is great news. When I saw the topic, I wa very concerned and ready to read the worst and that you had run into another wall. The Hadit group has been sadly lacking a story of a big win in recent months. Cangradulations to you and the efforts you have made to the country. Bravo!! Josh B)

Tried to update the ring lesions scan but the resolutionis ñimited for some reason after uploading. At least the traces are now seen. Josh

The I9 form was sent in this past Thursday beginning the Appeal process. I want to thank Berta and WallyG for their input and wish to acknowledge the help and support of all those an the board when my spirits were waning in the darkest hours. Thanks everybody for sharing with the group as we need each other. Josh (Joseph) Adding the MRI to this post also as.... I goofed somehow and have this topic posted twice sorry ..

there is another with the same name Sorry I posted twice by accident.

woof I am off to the city and realised i posted the non updated final. Luckiy I have send the document to a contact there and will be taking care of a definite sentence constrution than was poor.. weeoooo Thanks Waly for your input and I will keep you updated. Josh Out of here Byyyyyyyyeeeeeeeeeeee

Wally, Thanks for catching the definite vs definitive You were absolutely correct there. The updated final final final finally version with new footnote references is attached. And thanks to all who are viewing for your support as I know for sure you are wishing me the best. In less than 24 hours, it will be out of here and on the plane to Houston... :)

If you are here Berta, Get em and sue him/here..

Wally, Thanks you for your comments and it is true, whoever reads this will need to understand the actual medical aspects of this case. They tried to bury this and in the process nearly buried me. Your suggestion for closing is well taken. :) Wally, did Berta actually leave the board? Oh yes the acutal final final final is attached.............. It is off to the VARO in the next 48 hours.

Greetings once again Fellow Hadit members, For those of you who have read or glanced over the pages attached while the writing process was progressing, can anybody make any suggestions for improvement on the opening wording or Compensation sought sections? I have posted those areas here for quick review. Also, how to best deal with all the footnotes? Thanks and hoping this time it will be approved!!.... Joe Opening Paragraphs The Houston VARO has consistently and completely ignored my irrefutable, undisputable, and probative medical evidence including the comprehensive process of diagnosis, clinical correlation, and treatment provided by Dr. Rene Camacho MD, Dr. Rafael Almedia MD, Neurosurgeon, Dr. Norman Reynolds' MD VAMC Chief of Neurology, as well as the independent medical opinion of Dr. Juan Carlos Benedetti MD, Neurosurgeon. All these individuals provide their competent special knowledge giving them the professional rationale for their statements and opinions. Additionally, I have submitted evidence and medical records from private physicians and VAMC providers that were correlated to accepted standards of medical practice as can be seen within medical articles and analyses regarding CNS infection and brain abscess identification and treatment. All information submitted totally supports this claim. The Houston VARO has continued to deny a claim that rests well within the Doctrine of Reasonable Doubt (38CFR3.102). In this reply, I will be addressing and presenting specific evidence that totally impeaches and contradicts the VA medical examiners' review through the use of accepted medical fact and basic principles of medical practice. The evidence supplied fully outweighs the medical and scientific rationale used by the VA examiner in the SOC dated 02/16/2006. <H1 style="MARGIN: 0cm 0cm 0pt">Compensation Sought </H1>For this case and regarding psychological numerous permanent physical disabilities as a result of mistreatment and ensuing damage caused, as referenced by the doctors cited above and as a result of the underlying occult infection continued to run uncontrolled and unchecked, I am seeking Compensation under 38 USC 1151 at the 100% plus the SMC R1 level as there is no doubt that I will always need an attendant/assistant to assist in performing basic daily living activities. Code of Federal Regulations, Title 38, Volume 1, Rev. July 1, 2003 From the U.S. Government Printing Office via GPO Access

Joseph Here OK this is about as final as it gets... Now all that needs to be done are final final checks and rechecks on the footnotes and sources and then off as the appeal.

Updated 1151 Box 10 information This has been edited and is stillnot complete but though there might be some interest in the document to see how the updates are going.

Greetings all, Wow this was a major research project that required a tremendous amount of effort. However it should put a lid on it, Nearly all of the previous information submitted was totally ignored as Berta has noted for you out there and get ready to learn all you can if you are going after an 1151 claim. I should have done this first to add the word document sorry folks If anybody spots anything they think could be improved, please do not hesitate to mention it no matter how small. If anybody would like any of the documents referenced to check on the medical rational and what went wron, plwase do not hesitate to ask. There is a very unusual twisted story behind the scenes in this document. One of the articles referenced was written by one of the doctors who goofed in the diagnosis of MS in my case (more likely realized the error and thought it best for malpractice reasons not to do anything) anyway all of the things that I told him as being in error years ago, are highlighted in the paper he presented in 2000 and it directly addresses the errors made in my case, I will post that part of the story later.. Amazing

Berta and Terry, Where can I find the "M21-1" information? What is it, and where can I download the document? Thanks Joseph

Hi Berta, Thank for your answer. :-} The final will be posted here in the upcoming days complete to correct the gramatical errors (imagine that). Thanks ever so much for your tireless support. I will win eventually if I live through this stressful period. After that I will be able to support Hadit and in its suporting role in helping veterans fight and get back what is deserved even though it is but a token compared to the losses we have suffered. Joseph

The VA examiners fails to mention and correlate competent medical evidence provided by qualified individuals as well as well as statements contained in authoritative writings such medical and scientific articles or analyses. The information contained within the evidence impeached and contradicts, by known facts, the examiner’s review. Therefore, the information far exceeds the 38CFR 3.102 under the reasonable doubt doctrine. In Dr. Rene Camacho Cordoba’s report and Dr. Reynold´s competent opinion there is sufficient positive scientific evidence for this claim that brings substantial doubt within the range of possibility as distinguished from Dr. Mosier´s statement of pure speculation. In Dr. Camacho´s document a comprehensive clinical correlation was finally made and definitive care and treatment for “Encephalomyelitis most likely of bacterial origin” was given. He also gives an implicit statement of mistreatment while under VA care when indicates,” The patient, Joseph Hertrich, presents an infectious process, which was left without treatment for a period of seven (7) years”. Dr. Reynolds bases his retrospective opinion in Dr. Rene Camacho´s report written in 1999. “However, the underlying occult infection continued to run uncontrolled and unchecked. The patient did not benefit from a definitive diagnostic workup or treatment in any US facility”. Dr. Reynolds direct addressed the veteran´s treating physician culpably failed to diagnose a treatable infection of the CNS. “ In retrospect, it certainly appears that a definitive work up and diagnosis could have been accomplished within the VAMC´s, Boulder Medical Center or the HMO with the input of appropriate experts”. Although clinical work ups were done for the Multiple Sclerosis condition, there was absolutely no clinical nor laboratory correlations made by VA physicians to rule out an infectious process that mimics the symptoms of a disease that has an unknown cause such as MS. As there are no tests available to confirm or refute the diagnosis of Multiple Sclerosis, it is highly appropriate to ruled out all other conditions before a confident diagnosis of MS can be made. Therefore, Multiple Sclerosis is a diagnosis of exclusion and MRI’s are just one piece of a complex clinical picture. The examiner, Dr. Mosier, continued to disregard evidence that clearly shows the presence of an infectious process (brain abscess). MRI taken on 1995 by Denver VAMC submitted in the previous NOD. The images uncontestable show multiple “Ring Lesions” “Very suggestive according to medicine texts to cerebral abscess” ( Dr. Camacho´s report, page 4) “There are no longer ring lesions demonstrated in white matter” The radiologist's conclusion: “The exact etiology of these findings is uncertain and could be due to demyelinating process, but other etiologies cannot be excluded. Recommend clinical correlation. ( MCDI, Dr. David Daniels). Description of Brain abscess. ( Page-------). Dr. Camacho also indicates: “The patient was asked and indicated that during that period of time no kind of biopsy was carried out to determine the cause”[1] This is a direct answer as to why there is not a microbiological agent identified. The Denver VA Doctors culpably failed to consider a critical clinical procedure that was available but not performed. This without any doubt failed to determine an infection of the CNS at the time of the abscess. This brings to the forefront a major factor addressed by Dr. Mosier’s report in the SOC’s Reasons and Bases section “The screening tests conducted by the VA did not establish a microbiologic diagnosis to refute the clinical and imaging impressions of MS.” Although his wording is very loose I must assume he is referring to the Cerebral Spinal Fluid (CSF) tests and cultures. On 11/06/1995, the Milwaukee VAMC performed a Lumbar Puncture and the CSF Routine Chemistry analysis shows a protein level of 74mg/dl[2] (High) when the upper limit noted at 45 mg/dl. In February of 1996, three months later, they were “elevated” to 87 (mg/dl). Elevated CSF protein levels are clearly indication of a potential cerebral infection. ( attach page------Brain Abscess line, Protein Column). See attachement page------------taken from the Merck on-line Manual regarding brain abscesses. It is of particular interest, that Bacterial are cultured from CSF in LESS than 10% of cases. With Regard to his statement: “It is unlikely that a chronic, treatable peripheral infection was overlooked by VA physicians”. In numerous VA records you can see the chronic sinusitis noted and in the previous NOD is a clear explanation regarding the dental procedure occurring at the time. [*]Most commonly, infectious agents gain access to the CNS by spread from a contiguous focus of infection, such as otitis media, mastoiditis, infection of the paranasal sinuses, or dental infection.[3] [*]Look for medical reference sinus infection and dental. Regarding Dr Mosier statement “given the absence of an identified infectious agent in the veteran´s case, together with substantial uncertainty in this case as to why the veterans may have improved with his empiric regimens, as well as the duration of improvement, the examiner finds it unreasonable to assume that an apparent treatment response to antibiotics compels a diagnosis of missed infection. Contrary to the examiner’s opinion, the conclusions from Dr. Camacho, MD attending physician and Dr. Almeida, Neurosurgeon was that even without an identified agent the most likely diagnosis was an infectious process that was left without treatment and ended in an Encephalomyelitis of bacterial origin. Dr. Reynolds, Chief of Neurology Milwaukee VAMC, and years later, Dr. Benedetti, who during examination, concurs with the diagnosis of Encephalomyelitis. Dr. Mosier not only denies their competent medical opinion but is contrary to medical practice and research. · Symptoms and signs of a CNS infection are commonly identified in the records while under the Kaiser and VA care and were submitted in the previous NOD. Without getting into detail here, we will identified some of them: headache, nausea, vomiting, focal neurological deficits develop over days to weeks, fever, chills, and leukocytosis may develop before the infection is encapsulated. · CT or MRI is usually diagnostic and most patients are treated without bacteriologic diagnosis. · Lumbar puncture is not advised because it may precipate transtentorial herniation. . · cultures are rarely positive ( unless the abscess has rupture). · Traditional empirical therapy of antibiotics is the commonly understood method of managing CNS infections and in particular brain abscess. Here lies the reason as to why the veteran’s improvement occurred. · Dr. Benedetti´s 2003 physical examination four (4) years later, when he states: “Although significant alteration exists in all four appendages, it is noted by comparison with previous medical examinations, Mr. Hertrich has made impressive gains in his physical and motor skills since that period”. This respond to the time of improvement questioned by Dr. Mosier in his review. Based on the records mentioned within this document and the evidence supplied by specialists, supported with medical records as well as medical research, show indeed that the veteran suffers from Encephalomyelitis of bacterial origin. Infection that was left untreated for an extended period of time. These are not merely speculations but known facts that produced in the veteran’s physical condition: · “Lost of hearing in the left side” copied from Dr. Camacho’s medical opinion in 1999. · “a severe debilitating neuromuscular syndrome which, during its prolonged course resulting in varying degrees of quadriplegia, bilateral pyramidal tract involvement with severe gait ataxia and atrophic neuromuscular weakness” copied from Dr. Reynolds’s medical opinion in 2000. · “ Physical strength is generally depressed in all appendages, the lower limbs and buttocks show bilateral atrophy in muscle group XVII. Of note when question and bowl and bladder problems indicates a catheter is currently used and training has reduced bowel incontinence” Copied from Dr. Benedetti´s medical opinion in 2003. . still working on Footnotes Personal behavior in SOC. Question appropriate treatments. Inmunosupresive. Contraindicated. CBC distortion. [1] Op sit 6, page 4 [2] See attached 11/06/1995, Milwaukee, VAMC, CSF results http://www.hadit.com/forums/index.php?act=post&do=new_post&f=36#_ftnref3' target="_blank">

:( Terry and Berta ... You both make Gio so thankful you are here on Hadit providing support to Veterans in need of a calming... that includes me at times like this... However we ae within DAYS of sending in the next level of appeal. I will post a new topic in a few moments with the Preliminary Appeal Draft to be touched up, smoothed, documented, bound in a notebook. hugged, kissed and of course delived by couier requiring a signature. smile again :P Josh