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halos2
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Posts posted by halos2
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Yes see my other reply addressing this below.
I have another question I had put in for other claims and they were denied and I want to file an NOD, and my file is in Washington D.C. will this hold up my claim at the BVA level or will they use the temp file at the VARO to proceed with this? Waiting for my copy of 646.
When you said updated IMO-I assume you mean this is the second IMO-
Did the VA ignore your initial IMO?
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I got what you are saying...they told me they fired her but transferred her and what they said basically is the truth however what would be written on her records was she was transferred. It would not be written anywhere and what they told me was here say...they told me blah blah blah, but it is not documented as such.
SO it doesn't matter who says what but what is documented is what counts.
They take care of their own and will go to any legnths to do it, by transfers etc and F--k over as many vets along the way. Their attitude is who cares.
You did say transfer not fired...I was just saying what they told me, not what you stated.
halos,You posted, "Yes Carlie, You are right they "fired" her just from doing C&P's but transferred her to another area. The Pt Advocate told this to me and the FOIA Officer at this facility told me it took her 3 days to find out where she was transferred to."
What I posted is totally different from what you are saying --- I am saying,
1) NO they DID NOT FIRE her from anything, they transferred her.
2) From the Patient Advocate to the FOIA Officer -- anything they have said to you concerning the NP is only hear-say and would never be accepted this way, as any type of evidence.
carlie
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"Make sure IMO uses format used here at hadit" ok I must have missed area where to find the specifics to follow to the t, to acquire a favorable deceision. Please give it to me so I may give it to physician's to follow.
I am waiting for the copy of my 646, it was to be mailed out to me on tues of this week.
My VSO assistant said that the 646 was made out in April 2008 and went with the claim, and was turned into the VARO in apr08. Is this the usual? How did they know it would not be granted here? Made out in Apr yet sent to BVA Jul does that seem appropriate, esp as I continued to send more info to VARO all these mths.
quote name='Berta' date='Jul 22 2008, 10:32 AM' post='99151']
WOW that was fast- it took my POA 6 months to prepare the 646-
all that time I not only was unaware the transfer to the BVA was pending but that six months just strung it all out longer.
My POA said they had no copy of their 646 and I somehow got it anyhow from the RO- I only tried to obtain it as it is critical to a GC complaint against them.
I wouldnt worry about the 646-
You can file an Addendum to the formal I-9 explaining to the BVA the lumbar spine issue more clearly.
A notarized statement from the doctor's assistant, in my opinin, would be considered by the BVA as to showing continuity of treatment.
I dont know exactly why you want an updated IMO, unless the new IMO has a C & P exam report to knock down- still make sure the IMO doctor uses the format for Getting an Independent Medical Opinion-here at hadit-
the IMO itself will expand the argument of the I-9.
If you are dealing with Dr. Bash of Bethesda-and asking him to update his IMO-he already knows the regs so he doesnt need to know how to prepare the IMO.
He would need, however, any medical evidence or negative C & P report, SOC etc that transpired since his initial IMO.
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Yes Carlie, You are right they "fired" her just from doing C&P's but transferred her to another area. The Pt Advocate told this to me and the FOIA Officer at this facility told me it took her 3 days to find out where she was transferred to.
I spoke to an attorney last mth and she aggreed with me wait and see what happens with BVA and if not favorable she wants the case. Therefore my POA would switch from VSO to attorney, Right?
She said even though the evidence is there the VA want to deny deny deny as it is their motto.
Think if I get IMO's to tweek their previous reports and use more references it would help?
I am so bummed out I don't know what to do first.
halos2,You posted,
"I guess the VA doesn't look at the fact she was fired from doing C & P exams for lying on vets reports."
If I remember this is something someone at VA TOLD YOU. If this is true then it's he said --
she said and not really counted as some type of evidence.
As far as my thinking goes, when your working for VA or SSA -- they don't FIRE someone from doing C&P's -- they are transferred to different employment responsibilities and job title.
At least this is my understanding of the issue.
jmho,
carlie
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Just got my official letter today dated 18 jul "certified your appeal to the Board of Veteran's Appeals and are transferring your VA records to the Board in Washington, D.C....you have 90 days from the date of this letter..."
Too bad they sent it pony express to me as it took 5 days to travel 150 miles. Yet I believe they do this to narrow down the days a vet has to fight them.
No way in hello am I going to let that liar nurse pract. get away with this. What more evidence I need I will get.
I guess the VA doesn't look at the fact she was fired from doing C & P exams for lying on vets reports. I bet they were dissappointed she got canned as she dissed so many vets. Not going to happen here!
Going to need further assistance along the process and I know I can count on my GREAT fellow vets here to help me too!
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My versions of what happened were all written and sent to the FOIA officer at the vets hosp and also sent to the VARO to be included in my files.
Just found out file sent to BVA, as they shot dowm 2 Dr IMO's and took opinion of fired nurse pract.
And how is your day going?
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Yes they said my IMO's were not credible as they did not say they revieved my other medical records however the records they were referring to were sent to them by one of the IMO dr's. So that is how they got the information.
So the other one I will have him relate to all records not just SMR to up to date continuance of records.
The SOC ...dr x and dr y's statements are not credible as they were not based on a complete review of your medical records or medical history.There is no mention of normal clinical eval on separation exam, and no mention of intercurrent low back injuries in 1986 and 1999.
The reason they knew about 1986 and 1999 as dr y gave them copies of medical/treatment records from my visits to his clinic.
The dates on separation exam stating an injury are invalid it was 2 months later when I had the injury and 2 mths treatment. pt and all.
...Plus dr x said "one cannot place an exact date on the origin of the bulging lumbar discogenic problem" but opinioned back injury in service could be the culprit that started the discogenic problem evidenced on MRI's.An assessment of discogenis syndrome with lumbar radiculitis secondary to spinal disease of undetermined origin is given. H said the back injury in service is more likely then not related to the documented back injury during active military service...
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I called my VSO and told him VARO said they sent claim to BVA yesterday and he checked it out and said they did on 18th Jul last fri.
He is going to send me copy of 646 and said it was written April 2008 and has a couple of sentences on it.
Can I add anything to this form?
How do I get all the info established and on what form as they should have the complete file.
My VSO said sit tight you will be waiting a minimum of 2 years for this case to be looked at becaue BVA are just working on claims received from 2006.
Called my friendly VARO again today to see if they knew anything regarding my file/case status...it was 3:35 p.m. and got someone who told me 3 different stories( of coarse) and then he said "well it says here on the screen temp. trans. to BVA july 18th, so I guess they sent a temporary file to DC!"What do you make out of this? He did spell out the words (even though he said "it says here" as it didn't really speak----this is my humor)
I spoke to my VSO late friday and he never mentioned anything remotely about my file leaving yet.
Does this type of terminology/word usage sound like my file could have been sent to the BVA?
Don't they usually inform the vets SO when they do this?
I know if it is there, I have 60 or 90 days more to get any/other new evidence sent in. (I'll check it out as 60 or 90 days)
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Just found out my claim/file was sent to BVA in D.C. (yesterday) by VA but confirmed by my VSO right now(today) as this is to be true.( It was sent on friday 18th Jul 08)
So I know I have 90 days to submit more information and longer if I waive jurisdiction, but I wanted more on my Form 9 as I found out it only was shown to have lumbar spine written on the form.
Requested a copy of the 646 so I do not know what is written on that. SO can I expand whatever is written on these forms?
Already have appointment for update IMO in a few weeks. Now what else should I do to help my case?
I found a person who was a personal assistant and office manager of a physician I saw in 1970...as she worked there for years and he delivered my 3rd and 4th child. He died in the late 1970's so there were no records to be found, however what weight would there be in my favor if she writes a summary of my back injury and continuance of chronic back pain and physician visits as she remembers me and my problems. What type of influence do you think this would be in granting a continuance of back condition during the year of my discharge?
I have given information validating back treatments since the early 1970's but this would qualify since the actual year of 1970.
Berta,Got copy of my Form 9 today very brief..under 9 b is checked and written under that is lumbar spine.
That's it 2 words lumbar spine, nothing more nothing less.
Now what am I to do????
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Berta,
The more I read about your fights/claims with the VA the more it is evident the cover up regarding the lack of care and compassion revolving with your husbands mistreatments. To find out these quacks were not made accountable for their negligence and were/are allowed to treat others is an even bigger injustice.
I am sure you want to shout it from the roof tops!! Some one needs to say...the buck stops here...they need to be made accountable...the public needs to be informed of their wrong doings and the ultimate sacrifice-your husband's life.
I applaude you and your strength with your "never quit" attitude.
Good luck with your pursuit.
This is why I have been aggressively pursuing recent info I found as to my husband's wrongful death-The VA in 1997 was supposed to report the amount of my settlement and charge it (on paper) to the numerous VA doctors who committed this malpractice.
In light of the recent VCS Veteran's lawsuit (which VCS is appealing) I began to check into something I had sent many FOIAs to VA on over the years without a satisfactory answer from them.
I took the time to find out the entire MOS of the Gov when a FTCA settlement has been paid-
then I knew exactly what to look for and sent the VA FOIAs which I already knew the answer to-
to see what BS they would give me-
2 are in progress now-
Carlie here has found that the VA did not report her FTCA doctors and I know for a fact they didnt report them in my husband's case.
One main reason for reporting these quacks is to prevent further malpractice.
Maybe if the VA did report them all- there would be fewer doctors left at the VAMCs-
I have asked Congressman Filner, H VAC-to look into this matter-
If the VA doesnt know how many veterans have committed or attempted to commit suicide- then they dont know how any vets they have harmed by piss poor medical care, or how many they have killed by it.Particularly if they fail to report these doctors in a mandatory agreement the VA has had since the 1980s with the NPDB.
Paul Sullivan, attorney for the vets VCS lawsuit in SF, was astonished when I told him Section 1151 awards , even if they are death awards, are not subject to the reporting requirement.
The doctors don't even have to be named and are not even disciplined.
Only an FTCA settlement- signed between the USA and a claimant- is subject to the reporting requirements to the NPDB.
It makes me realise that although I dont always advise FTCA in addition to filing a Section 1151 claim (as the FTCA provides a lump sum award compared to a Section 1151 monthly comp award-and FTCA has the offset factor-
I now realise that all of the successful Section 1151 claims that vets and widows have won had no impact at all on the further ability of the malpracticing doctors-and they continued on as VA docs- with the full reins to continue to be incompetent.
I suggest now tha anyone filing 1151 should also file under FTCA.
If they reap a large settlement and then are awarded Sec 1151 comp which would be offset to their FTCA amount- with some careful investments they can recoup money that can technically recover some of the offset amount.
And more importantly the FTCA docs would have to be reported to the NPDB (if the VA follows the mandatory requirements on that)
I have been stunned and outraged since realising fairly recently that these VA quacks who killed my husband got by scot free.
This was not a few medical errors that the VA could have mitigated- it involved 4 initial years of negligence and then a VA cover up of that negligence in 1992.
I thought for years my husband's death had meaning and had prevented further malpractice on vets-but I was wrong-
he died in vain and the VA is going to have to answer for that.
This might be the reason the VA refuses to read my IMos for my AO claim.
The malpractice was worse than I thought when I filed FTCA.
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Read about this quack originally from Vawatchdog.org 10/29/2007 #2 Trail of Misery Follows VA Doctor. He is responsible for up to 10 deaths in Marion, and 8 patients with substandard care of which 2 died while in Mass.area. No one ever checked him out...He hurried up and left Mass. and came to Il and no one checked his previous employment...sad but true.
Sounds like another Michael Swango case. He killed some in Ohio then came back to Quincy Il and tried to poison his fellow paramedics and went to jail 5 yrs...got out and went to VA Med Center in South Dakota as Dr but forged papers with another name(he was a dr) then went to VA Med Center North Port Long Island New York and killed 3 vets and to Africa and killed more but he admitted to killing 4 people but they say he killed 30-60.
It is unsure how many vets he really killed. He was a genious but very disturbed. He was in the Marines after he graduated college before he went to medical school. His dad was lifer Army Officer.
My point is the VA never did check him out as they didn't with Veizaga-Mendez. Why is it ok to give vets second rate care? You can fight for freedom, but you can't fight for adequate care. How many other's are out there giving substandard treatment to vets? There should be mandated regulations, background checks before any are hired.
Read about this quack originally from Vawatchdog.org 10/29/2007 #2 Trail of Misery Follows VA Doctor. He is responsible for up to 10 deaths in Marion, and 8 patients with substandard care of which 2 died while in Mass.area. No one ever checked him out...He hurried up and left Mass. and came to Il and no one checked his previous employment...sad but true.
Sounds like another Michael Swango case. He killed some in Ohio then came back to Quincy Il and tried to poison his fellow paramedics and went to jail 5 yrs...got out and went to VA Med Center in South Dakota as Dr but forged papers with another name(he was a dr) then went to VA Med Center North Port Long Island New York and killed 3 vets and to Africa and killed more but he admitted to killing 4 people but they say he killed 30-60.
It is unsure how many vets he really killed. He was a genious but very disturbed. He was in the Marines after he graduated college before he went to medical school. His dad was lifer Army Officer.
My point is the VA never did check him out as they didn't with Veizaga-Mendez. Why is it ok to give vets second rate care? You can fight for freedom, but you can't fight for adequate care. How many other's are out there giving substandard treatment to vets? There should be mandated regulations, background checks before any are hired.
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Called my friendly VARO again today to see if they knew anything regarding my file/case status...it was 3:35 p.m. and got someone who told me 3 different stories( of coarse) and then he said "well it says here on the screen temp. trans. to BVA july 18th, so I guess they sent a temporary file to DC!"
What do you make out of this? He did spell out the words (even though he said "it says here" as it didn't really speak----this is my humor)
I spoke to my VSO late friday and he never mentioned anything remotely about my file leaving yet.
Does this type of terminology/word usage sound like my file could have been sent to the BVA?
Don't they usually inform the vets SO when they do this?
I know if it is there, I have 60 or 90 days more to get any/other new evidence sent in. (I'll check it out as 60 or 90 days)
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Berta,
Got copy of my Form 9 today very brief..under 9 b is checked and written under that is lumbar spine.
That's it 2 words lumbar spine, nothing more nothing less.
Now what am I to do????
I reduced my font, typed this statement in Word and then cut it out, taped it into the space under the hearing part- and scanned it all after I had cut and pasted my opening argument into the appeal part at the bottom.It doesnt matter where you put it-
Ricky posted a case here today where the BVA caught the ROs errors right away- in the appeal-
This statement- in the event RO did make errors which were prejudicial to the claimant-preserves them on appeal in case the BVA doesnt catch them.
I feel a claimant should raise ALL errors the RO made in the adjudication of the claim within their formal appeal.
The vet in the case Ricky posted could have lost his restoration of his comp-but the BVA caught a critical error the VA had made.
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I finally got the copy of VA form 9 in the mail from my VSO, as fax trouble.
Well on # 9
has a check mark and the only thing written is lumbar spine.That's it. Nothing more or less.
Where do I go from here?
quote name='Berta' date='Jul 19 2008, 09:02 AM' post='98894']
If the rep already filed a I-9 form for you- you should get a copy of it and see if all of the bases were covered.He probably prepared it right.
A formal appeal, per NVLSP, must identify and argue all issues on appeal.
A SOC or SSOC could state many issues and the appeal must address what is within the BVA's jurisdiction.
For example- the VA put on appeal in 2006 an issue I had withdrawn in 2004 and had recharacterized.
I had to clearly state this fact in my I-9.
The VA also stated to me that they had put on appeal a claim that they had never decided.This too had to be cleared up.
"The substantive appeal should set out specific arguments relating to errors of fact or law made by the RO in reaching the decision being appealed. The argument should relate to specific items in the SOC and SSOCs."
VBM NVLSP 2007 edition. page 1289.
My I- 9 clearly identified the issues on appeal and the errors in law and in fact that the VA had made in the decision I was appealing.I also referenced legal citations and directly referred to statements in the SSOC.And again enclosed my medical evidence.
You have 60 days from date of SSOC cover letter or the remainder of the one year period from the date of notification of the decision being appealed to submit the I-9.
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Carlie,
I did request my C & P exam records be ammended. I went through the Pt Advocate and then the FIOA Officer at the hospital..She told me they could not ammend the errors the nurse pract. wrote in my file/chart.
She said I needed to request a new C&P. Haven't heard anything about that.
Also the FOIA Officer sent me a letter stating I was withdrawing my request for an amendment. She told me the Nurse pract couldn't remember me or what she wrote but if she wrote it it must be true. So therefore it would be she said and I said and nothing would differ.
Now was she right requesting that I with draw my complaint/request to have my records ammended? She said ammendment would not change the facts, only a new C & P might do that.
I didn't feel right doing that but she said the evidence right or wrong was written and it would not get changed, and also how could an impartial individual look at her documentation and make a change when they were only reading her notes, not doing an exam.
I feel like I am in the middle of a rock and a hard place here.
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VBM= Veterans benefits manual NVLSP= National Veterans Legal Services Program got it now ok.
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Carlie, You are always there to clarify things, thanks. I am familiar with the Veterans Benefit Manual, saw it via NOVA and also checked it out on half.com too. Was thrown off with the NVLSP initials.
Went on to google and put in the page # and got the section to come up. Prior when I would search I would get the purchase sites.
It is the 2001 edition, but still is helpful.
halos,There isn't a web address for that. It's a page in a book that you can buy
the books, VBM + Veteran's Benefits Manual, they are a couple hundred bucks.
carlie
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Has anyone who has had this happen to them attempted to or have filed with the Professional Board of Registration and Licensure to turn the person(liar) in for fraud?
This person lied to me personally, plus twice on the phone and they fired her from doing C & P's yet put her somewhere else in the hospital to work.
It took the FOIA person 3 days to find her to ask her about my file and she said " I don't remember it was over 3 years ago."
I am seriously going to find out if I can have her investigated for fraudently putting lies on my C & P record. She wasn't in the room yet (can see through 6 inch concrete walls when I put a gown on and took it off,) yet that is what the record said. But she said "I didn't write that cause I wasn't in the room!"
Lies, lies, lies why should I have to keep suffering and fighting for my rights and she can lie and go on her merry way. I am going to ask my VSO tomorrow, if in...also I am going to call the Board of Nursing and find out what right I have here.
So anyone ever done this yet? If so did you win?
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Plase give exact web address for me to obtain this info. Having trouble locating this. Thanks.
"The substantive appeal should set out specific arguments relating to errors of fact or law made by the RO in reaching the decision being appealed. The argument should relate to specific items in the SOC and SSOCs."VBM NVLSP 2007 edition. page 1289.
( Under 16.3.2.6.4 Chapter 16 "Reviewing VA Claims files")
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Another thing about receiving travel pay:
1) The VA will pay you zip code to zip code, not from your home to the clinic/hospital
2) The VA will pay you mileage for the closest hosp to you not the one you choose (ex.you live in Il but live closer to Ia hosp, yet you go to the Il hosp for appointments, you get paid to Ia hosp as the mileage is the closest zip code to zip code, not state related.
3) The first 3 appointments in the same month the VA will take out a copay automatically, but the 4th and there on in that month no copays taken out for the 4th and on.
4) The VA will pay you the total amt when going for a C&P exam, no copay taken out
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Another thing about receiving travel pay:
1) The VA will pay you zip code to zip code, not from your home to the clinic/hospital
2) The VA will pay you mileage for the closest hosp to you not the one you choose (ex.you live in Il but live closer to Ia hosp, yet you go to the Il hosp for appointments, you get paid to Ia hosp as the mileage is the closest zip code to zip code, not state related.
3) The first 3 appointments in the same month the VA will take out a copay automatically, but the 4th and there on in that month no copays taken out for the 4th and on.
4) The VA will pay you the total amt when going for a C&P exam, no copay taken out
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The first DR I saw was deceased. The second too but I know of the where abouts of his assistant/office manager. The next Dr one of the IMO ones wrote of my being seen at his clinic since 1972 first by his Dad, and next by him all of these years. His dad is deceased now too. All these years back condition has gotten worse and seen many fot treatments. Went to VA 1985-88 and noted on forms Chronic Back Pain...
Thanks Hoppy for your help again.
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On this post you mention the inservice symptoms. Re fresh me on your post service treatment. Did you see any doctors post service? How much time went by before your first visit. It is obvious they are wrong when they say no post service treatment. It is a question of when the post service treatment is first documented.The raters use there "discretion" to make determinations that are actually medical opinions. A direct way to make a powerful medical argument is to have a doctor specifically contridict the terminology used by the raters. Such as "there is no evidence the inservice injury resolved. A single examination at the time of discharge is not adaquate to form an opinion that a back condition resolved".
The big problem is post service continuity. It depends on how long the first treatment was after service. The length of time that went is often used by raters to deny claims. However, I argued that in my claim that continuity is a medical determination and until a doctor address's this issue its not appropriate for an adjudicator to use their discretion to make a denial. Thus, the claim is not fully developed until a medical determination of whether or not there is continuity is obtained. Again get a doctor to read the decision and respond directly to the raters statements.
I told you about my workers comp. claim for a back strain. The reason the attorney had little problem winning the claim is because my doctor treated me in a manner almost identical to what you went through. I had back pain. sciatica down my leg and wore a back brace for three months. They took me off work for three weeks and told me to rest in bed. After three weeks I went back to the doctor and told him I felt great and was ready to go back to work. I am sure the VA would argue that my statement indicates that the condition resolved if this were a VA claim. Much to my surprise the doctor refused to let me go back to my original job that requires a lot of lifting and wrote a letter that I had to do sedentary work for the rest of my life. I had no xrays, MRI's or any significant evidence other than a short history that the doctor thought was consistent with a significant chronic injury.
It was a good thing the doctor did this because my back has been shot my entire life since that 3 monmth period I was treated in my twenties. I think military doctors do not have the balls to take a stand to protect the troops. I have had a retired military doctor tell me to my face that they were given orders to under diagnose patients they were treating.
I had similar problems with other conditions where I thought the military doctors under diagnosed two of my service connected conditions. I actually got VA doctors to agree with me and write report after report on my behalf to get service connected. It only took me 8.5 years but the bottom line is I did not let the raters tell me one thing that did not make sense to deny my claim.
All you can do is battle them with doctors opinions.
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Please explain where to find this info ie VBM NVLSP 2007 Edition
If the rep already filed a I-9 form for you- you should get a copy of it and see if all of the bases were covered.He probably prepared it right.A formal appeal, per NVLSP, must identify and argue all issues on appeal.
A SOC or SSOC could state many issues and the appeal must address what is within the BVA's jurisdiction.
For example- the VA put on appeal in 2006 an issue I had withdrawn in 2004 and had recharacterized.
I had to clearly state this fact in my I-9.
The VA also stated to me that they had put on appeal a claim that they had never decided.This too had to be cleared up.
"The substantive appeal should set out specific arguments relating to errors of fact or law made by the RO in reaching the decision being appealed. The argument should relate to specific items in the SOC and SSOCs."
VBM NVLSP 2007 edition. page 1289.
My I- 9 clearly identified the issues on appeal and the errors in law and in fact that the VA had made in the decision I was appealing.I also referenced legal citations and directly referred to statements in the SSOC.And again enclosed my medical evidence.
You have 60 days from date of SSOC cover letter or the remainder of the one year period from the date of notification of the decision being appealed to submit the I-9.
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No suicide thoughts...focus on winning your claim. You have a goal to work on your claim and beat the VA to get what you deserve. Many people your family, friends fellow vets all want you to make it and get the help you need.
You put in for an increase and you are showing more signs and symptoms that it is affecting you more...stop take a breath you want to win your claim, don't do anything but get help asap then work on yourself and your claim...the higher power God, or whoever you believe in has a plan for you and it is not to hurt yourself. Go see a psych DR at VA or local hosp. you need to talk to a professional now top priority. Claim will work out with your help...get help first we all want you to do that now!
I went and saw my VA phsyciatrist yesterday about my meds. Long story short, the meds are not working and my depression and irritation have increased. I gave her examples of the irritation and she acknowledged them Then she brought up the fact that I am no longer seeing a psychologist and wonders if I want to start up again. I told her no, that I did not get a lot out of it, especially since my depression had worsened. So, now my meds have been upped. She asked if I had been having thoughts about suicide and I said I have, she asked about plans, I told her I had seen a 18 wheeler and was tempted to drive underneath, but was not sure that was a plan or not. Then she gave me a card with the suicide hotline number.The problem is I have a mental health C&P next month because I requested to have my compensation for my depression raised. It is currently at 30%. I hope I did not mess that up.
has a check mark and the only thing written is lumbar spine.
I-9 Appeal Form
in VA Disability Claims Research
Posted
Got it Berta and thanks...just got copy of 646 will post what is typed on appropriate forum of such. Tell me what should be my next step, thanks.