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Josh
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Posts posted by Josh
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Ricky
In your PS you ask "can I simply file a VA form 9 now requesting an appeal at the board vs the DRO review eventhough I have already requested a DRO review?"
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I do not believe a FOrm 9 is acceptable at this point,,, Your NOD may have requested the DRO for review but according to them, it was not received and, as far as they are concerned, you have not filed.the NOD until now from what you indicate.
I may be wrong about this but at one point I ask the same question and was told not to send it. I amy be wrond about this best get another´s opinion here.
Also, did you have a service organizsation represent you in this at all?
Josh
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That just shows the VA will screw anyone. With the buget pressure I am sure it will get worse.
That is great news for this flyer. I agree he should be paid in today´s dollar value!
Josh
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This was my answer to the mail
Dear Mr Hill..,
Thank you for this clarification.
The Appeals Chief of the should also be aware there is a US Consulate´s Office in Baranquilla, Colombia which surely is closer than Bogota but do not know if they have medical staff.
Also you indicated " (although I am uncertain why they are setting you up for such an examination as your 1151 claim is based on medical reports already of record unless it is to determine the current extent of disabilities your are claiming on your 1151 claim)." You may be right as perhaps they are wondering to what degree the disibilities still exist after treatment. Make them aware that this infection went untreated since 1993. The damage was extreme and severe and covers areas not even considered if they want to be more specific. This is a 100% disability incuding legs, feet, arms, hands, bladder (including erectile non/disfunction) , bowel, ears, eyes, and associated CNS problems.
If they are wondering if I still need a hoist to lift me into a bed, the answer is , thank goodness, no. However, if they are wondering if the "extraordinary" recovery was complete... Absolutely not.... I wish...
I could and perhaps should reopen the Service Connection claim for back injury while in Fort Hood. Texas. I have held off on that solely because the 1151 with 100% with R1 SC would be a satisfactory resolution in my view. The doctors did not listen all those years to me telling them what the problem was and repeatedly failed to see the clear signs of improvement when antibiotics were given, and then, to my horror, were taken away. They knew I had found out the error and it was more convient to overlook the FACTS. If they had given me the antibiotics as far back as 1995, There would have been minimal damage and I would have been able to have a somewhat normal life. Sure, I would have sued Kaiser Permanente, and would have won hands down, but it was easier to overlook the obvious and not get involved at the time. Now, the VA is very involved and the Kaiser docs will got away with record alteration (I can prove that) and attempted murder.
Kaiser knew exactly what they were doing when they did it as did the VA doctors in Denver and Milwaukee. I made it very clear from the very begining when I "knew" there was more than likely a very grave error.
Amazed,
Joseph
PS. The reason I put knew in quotes is because I tried to file a tort claim if you will remember, and was told the SOL had run because I "knew" there was and error and did not file a claim. That is pretty hard to do when you cannot move and the doctors repeatedly ignore and avoid propper treatment and write nothing in support of your claim until I was able to get away and get treatment in 1999 having been brought to Colombia to get help.
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Yes Berta, It is regarding the 1151.
The question came up because an EVR is due.
Yes I will ask about travel expenses and I did give them my local phone number here.
I should think theywould call but it is an international 011type number.
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Hi Berta, Wings, T-Bird, and all the hadit regulars.
Just received another note from my VFW SO regarding his loss of benefits suggestion,,, This was his answer,
My reply to you was that I was advised by the Chief of appeals section here that your VA claim folders had been sent over to the VA Medical Center for an official VA examination for a medical opinion regarding your 1151 claim. I told the Chief of Appeals that you resided out of the U.S.A. and that if that was the reason your VA claim folders had been sent there that there was a good chance you would not be able to appear for the examination since it most likely would have been set up in St. Petersburg, Florida as you are using a Florida address for your mail. It was for that reason I asked for your current address and telephone number as the U.S. Embassy in your area would have to set this medical examination up for you. As for loss of monetary benefits, that is an option the VA has if a veteran does not report for an official VA medical which has been requested by a VA Regional Office. I was only alerting you to this fact to show you the urgent need for your current address and telephone number in order to make certain the VA Regional Office did not stop your benefits while they re-scheduled you for this medical examination (although I am uncertain why they are setting you up for such an examination as your 1151 claim is based on medical reports already of record unless it is to determine the current extent of disabilities your are claiming on your 1151 claim).
Josh
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Hi Berta,
This SO has been behind my eightball every since he was assigned. MOre times than not he sends outdated, erroneous information completely without explanation as to what the information adresses or does not address. The only reason I have stayed with him is that I do not want to be lost in the shuffle. Being a US Veteran not living in the US is really hard to follow a claim as the 1-800 system does not work here. So as is usually the case, I get half answers.
I will find out more details and get back here as soon as I know more.
Josh
US Army 74-77
96H20
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Joseph Hertr Hadit 2006a
Greetings fellow Hadit members,
Inactive for considerable time, I have been waiting for the VA´s reply to the 1151 filed and just received the note below from the VFW VSO “mailman” assigned. More information is now trickling down. I do not know if it is regarding the 1151 or a std C&P pension exam.
Anyway... I have not required a C and P physical exam for years as I was considered 100% permanent and total. All the time while carrying an ACTIVE misdiagnosed cerebral and spinal cord infection thought to be Chronic Progressive MS. That is of course while under their (VA Medical) care. After having been brought to Colombia by a gal I met on the internet , I was finally diagnosed correctly, treated with IV antibiotics and after getting physical therapy, was able to get up and move around again without the use of the wheelchair. I had spent more than two and 1/2 years in a nursing home where I was being hoisted to a bed with a "crane" and now am able to "putz" around again with a cane or walker once more. Though I am as I said able to move around slowly with great care and hand holds, there has been major physical damage.
With this exam, regardless of whether there has been significant improvement by comparison, could they really take away my 100% P&T pension?
This should be an interesting case as they really f´d up big time and were caught. I cannot file another Tort claim as the SOL time has passed and they denied any wrongdoing. I do not care about the tort claim at this point but only want to get the 1151 100% with a minimum of R1 SC.
Any advise?
ALSO since I am in Colombia, are they required to provide transport to the Embassy for an exam or is the individual (me) required to pay for the trip to the US to the point where the exam is scheduled. Also, since that gal who saved my life is now my wife and is my primary care giver and assistant at home, can I request that she be brought with me to assist?
Below is the note I received yesterday (01/06/2006).
Mr. Hert......
What is your current address and telephone number in Columbia as VA is trying to set you up for an official VA medical examination and all they have is your Florida mailing address? Failure to report for a VA medical examination can result in no change in current ratings to loss of monetary benefits until such time as you report for an official VA medical examination.
Forrest H…
VFW State Service Officer
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Hi Berta..
Josh here wishing you a belated Happy Birthday and New Year to you. :D
Please take the best of care for yourself.
Josh
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I Would love to find something that works but am not ready to volunteer to be a laboratory rat. Had that done to me while at the VA hospital and it was not by my choice. The medical types should have learned alot about spinal cord injuries in my case but it was to their advantage not to say anything that would have stopped the seemingly never ending disaster.
Josh
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Dear Jim,
Saw your post and right up front noted the following difference between the two cases.
You wrote " A friend is (a) Retired Military Veteran´s widow says she receives TriCare for Life free of charge,
Yet my Brother has to pay for his wife's TriCare.
Could it be that a widow receives aqdditional benefits? This is of course assuming your brother is still alive.
Just a thought.
Josh
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Hello Bound4,
The suggestion below by Berta is great. I totally agree with all she has written and wish I had her advise before I submitted my 1151. BTW it Still not been answered by the VA regarding the claim ...
As Berta said ¨"I suggest that you put into the 1151 claim any additional disability that these side affects cause- do they cause gastrointestinal problems, vision problems, irritability, confusion-loss if balance- whatever it is-that is above and over the condition you wre in before you were prescribed them.
(check their side affects on a good Drug web site and you can send this in as support if you need to"
Also I might add that you could also go through your medical records checking if those side effects might have been documented.
Josh
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[quote name='Tbird' date='Dec 14 2005,
i am getting really good at falling into the fall instead of resisting it.
TBird... Have you been through airborne training where they teach- you to roll into the landing? Smile
Josh
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Hey 10thFO,
Why wait until the swelling goes down to go to the ER and have your wrist checked? Fell out of the attic? Hmmm Sounds like something that would happen to me trying to do things on my own.
Josh
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Berta What great news you bring and so close to Christmas. There will be ornaments on the tree this year for that family. Congratulations to all on a well deserved claim approval.
Josh
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Berta, When the two of us get our claims approved, we will have a lot of information to add to HADIT. It looks like you, Carrie, and myself are all playing the waiting game at this point.
Today I go into a orthopod to have the back checked out further and may get some PT added. Physical therapy here is the jungles of Colombia is really hard.. Most assuredly.. not available and cannot leave the farm unattended.
Oh yes FYI, I am currently 100% NSC with AA and that was granted because of a Misdiagnosis of MS rather than Infectious Encephalomyelitis which is the real problem. It will be interesting to see how they work out the conversion to 1151 100% with the SMC attached. That will happen hopefully in my lifetime. if not then in my wife´s lifetime as she saved my butt bigtime bringing me here to get the IV antibiotics.
Hugs to my Hadit "accomplices,"
We will win this fight!
Josh
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I certainly hope the 1151 adds to my check... It had better considering they wastedmy life and shortened it without doubt. Because of thier wanting to cover up the error, I spent 5 friggin years in a wheelchair and will more than likely be back in one soon if I don´t got physical therapy soon.
Hmmm I am looking for 100% with SMC R1. This and nothing less... period... end of story.
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Hi Berta... about 3 months... Thanks for the information
We are definitely in the same boat but your boat has gone further than my boat at this point since you won your tort claim.. As you may know, I could not reliably contest their denial as I had an attorney wait until the very last day to say he could not do it while I was here in COlombia. I should have filed it myself.
You will be the first to know when I get the information back... With ALL the jucy details..
A hug to you and may your Christmas season be delightful.
Josh
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Greetings all,
I have not been active here recently at all but wanted to let you know my 1151 is still being reviewed by the VARO chosen Doctor- He was given 15 volumes of medical records along with a 47 or so pages of new and rlevant information. The revoew has been at the IMO for three months now and the leading question is, is this normal? This claim is the summation of years of pressure on them for an error their own cheif neurologist acknowledges. It has been suggested that the DRO will rule based upon what the reviewer writes. Considering there were five aggreeing doctors that there was a big error, the end should be clear but, as usual. I always expect to be totally surprised no matter what the next level may be.
Josh
I will let all know what the outcome is. The claim was posted on the old board but am not sure if it is still there and was for untreated Bacterial Encephalomyelitis (bacterial infection of th e brain and spinal cord left without antibiotics for 7 years) ending only when I was brought to Colombia, South America, where she supplied a doctor, was my nurse helping recovering my ability to walk holding her hand. After having spent 4 years in a wheelchair and nearly three years in a nursing home. in the end before I was brought here, the state of Wisconsin left me without Medicare coverage having listed me as having died.
I want to see just what happens next... No matter what it is, I am sure it will be a total surprise.
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Your statement ¨My husband is not the only one who has complained about this doctors reports." is very true. Iagree totally. Sometimes I was left wondering if they confused which patient they were reporting on after reading some of their notes.
Your husband is very lucky to have you looking into his claim. There were times when I was completely overwhelmed with information that I felt so so lucky to have my wife help me with the reports. I hope he realizes how important you are in his life. Take care OK..
Josh
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Thanks Jay and Arch for your comments. Yes, the mj thing works well and I would rather do that than be throwing back pill after pill. I could also mention it is not hard to find this med here in Colombia. :)
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Yep I do the MJ thing. It works well. Amazing that in order to get relief from this I have to do illegal transactions not to mention I had to come to Colombia just to get antibiotics when the VA Docs there refused them.. Incredible is all I can think of except for what will be the next surprise.
You are right regarind the weight issue, the brain abscess that the VA let go for 7 years should have killed me but instead it ate away all my appetite receptors. Great way to lose weight but a very bad thing when you are a stick man already.
Only thing I could suggest outside of normal receptor blocker type pain killers is, depending on if it's legal in the country you're in, marijuana. It can work wonders for pain and can help with your appetite if you're having issues maintaining weight.
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Thanks Arch for your reply.
Looks like I have no choice but to live with it like I have been doing for years. VA Doc told me once ¨We can cut all the nerves to your legs..." Oh yes doc, what a great idea.
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And how much tme from claim submittal to check deposit? When did you file?
Thanks
Josh
About 3 days until the bank transfer and another couple for the check in the mail.Gary
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Berta,
I sure am hoping all will come out fine on this next stage for you as you have been quite the warriar. Take care of yourself. We are all sure getting alot of grey hair playing the waiting game. I too am hoping for more information in the upcoming days. The VA´s IMO on my casae is still out and I sure would like to know what is up there as it has been in -his/her hands for over 60 days.
Joseph
Va Claims Error Rate
in VA Disability Claims Research
Posted
So true your statement Berta..
" It is our responsibility to pour over their decisions- line by line and the rating codes etc- to determine for ourselves what their error rate is with each of us and we have to make them correct errors if they are detrimental to us.."
All veterans should be made aware of this.
Josh