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Berta

HadIt.com Elder
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Berta last won the day on October 20

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About Berta

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    HadIt.com Elder/SVR Radio Panelist

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  • Military Rank
    PLEASE post questions in the main Forums
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    Beautiful hills of NY andwidow of  2 vets, 2 HD each and mother of USAF vet-my daughter, 7 years Top Secret Intel
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    tactical warfare student- AMU
    gardening
    fishing
    Oriental home design
    organic cleaning tips
    Capt Adoph Von Shell-interested in any info at all!
    German Commander (WWI)lectured to the US Army after the war on warfare-- PTSD - tactics etc-and Leadership
    The Pullers-Chesty and Lewis (USMC)
    chocolate brownies
    anything at all regarding Vietnam
    the failure of the Maginot Line (WWII)
    Trench warfare
    anything amphibious

    Led Zepplin, Bob Dylan, Sting, Al Green, Mozart, Classical guitar,Moog synthesizer, Eminem,Janis Joplin,
    Michael Jackson, Teddy Pendergast, Mongo Santamaria,
    Cal Tjader, Miles Davis, AmerIndian battle chants,
    Hendrix,etc etc etc
    Pho and nuc mam dinners

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  1. Berta

    Rogue C&P Examiner?

    Thank you Pwrslm! My first call to the WH Hotline brought a response to me within about 3 weeks from former Secretary Shulkin's office.It grew out of suggestions I had made to the President and the Secretary and change the claims process that had been implemented in the Modernization Act.I got a nice Thank you card from President Trump. My last call was this past summer-I was furious to learn that the major malpractice problem at Fayetteville AR was considered by their interim director to be an "isolated incident" and apparently they were trying to keep this hush hush so I called the WH to let the President and Secretary know that over 20,000 veterans ( that total might actually be 30,000 vets or their survivors by now) got a letter advising them they might have been malpracticed by a Fayetteville VA "impaired pathologist". Three deaths have bee confirmed as caused by this malpractice and one of them I fully believe was Mike "Stretch" Sasser, our long time radio technician here at hadit radio and at our former radio show that he himsef set up. His wife got as lawyer right away. My point to the Hot line was this- affected vets ,who should have gotten that letter ,might have moved far from Arkansas, and VA might not have ( or tried to find their forwarding address), plus VA is pretty good about sending out C & P appt notices that veterans never get! The vet is a no show, so their claim is denied. When the OAWB contacted me, I have collected evidence for years on what VA is supposed to do regarding FTCA cases they settle.I sent the NBDP mandate and also links to GAO reports that prove they are not accounting for their malpractice statistic s properly- either under FTCA or under 1151. With the VA's influx of independent contractors, these medical professionals do not fall under 1151 or the FTCA. They would have to be sued in a federal civil court if they harm or kill a veteran. Under ection 1151,38 USC, vets have succeeded in 1151 issues for injuries VA caused that would not be worth the time and money spent to sue in a civil court- but could still get a rating and a monetary benefit for any 1151 issue.But if an independent contractor caused their additional 1151 disability- they would get nothing-unless they pursued this in a civil court. I feel every vet in the VA health care system has a right to know if the doctors, nurses etc who are diagnosing and treating them are VA employees or are in fact independent contractors. I was stunned at how many are now working at the local Bath NY VAMC.The search feature goes by facility, or name. "Our Providers The "Our Providers" online directory lists the primary licensed independent practice providers who may be a lead, ongoing member of your treatment team at the respective VA medical center. Providers in the following occupations are listed on this website: physicians, dentists, nurse practitioners, clinical nurse specialists, physician assistants, chiropractors, certified registered nurse anesthetists, optometrists, podiatrists, and psychologists. By using this tool, you will be able to do a search of providers in the occupations listed above based upon your preferences and needs. For each provider, you will see the following: full name; gender; clinical product line to which they are "assigned"; where they received their medical training; and the school from which they received their medical degree. This information will be "refreshed" on a monthly basis. There may be staff who have been hired or who have departed the medical center since the last refresh of information. For additional information on physicians, we also encourage you to use the "DocInfo" service offered by the Federation of State Medical Boards (FSMB) at http://www.docinfo.org. The FSMB website is updated monthly and is a public website to provide information related to any physician who is licensed in any US state, territory, or district. https://www.va.gov/health/OurDoctors.asp" I
  2. Berta

    Rogue C&P Examiner?

    I mentioed recently that I was contacted by the Accountability Office VA AO WB, due to a complaint I filed at the WH hot line this past June. In my recent submission of evidence to them- I mentioned how many of us get lousy C & P exams -that often force vets and survivors to obtain costly IMO/IMEs before the claim will properly succeed. Every postumous C & P exam the VA did on my husband for the past 24 years was not only faulty but they omitted the probative evidence to support the claim. But this is not the prime issue I have with the Accountability office. It would be great if veterans or survivors of veterans ,who get a C & P exam that is faulty-complain to the Accountability Office: https://www.va.gov/accountability/process.asp Their email is in that link. If I am asked for more info on the C & P situation by them, I have my past C & P info to send to them as well as the fact that they ( my VARO woud not even read my $4,000 IMos from Dr Bash. The BVA did and awarded) They also witheld the autopsy frm a C & P doctor and withheld it from General Counsel, until I found out. The autopsy was my most probative evidence for wrongful death( I had no IMO for the FTCA case) I have a copy of my H VAC testimony on that. But my actual complaint is what I want them to resolve. It has nothing to do with lousy C & P exams. It would be great if others would file a complaint with them in their email,if they get a deficient C & P exam tat denied your claim.. Tell the OAWB as well how much it cost you to get a real doctor prepare a solid IMO/IME to get a proper resolve, if that was what you had to do.
  3. Oh- I was reading this: "In March 2018, through my congressman, I got a meeting with the local VBA head, who stated what I was trying to get via equitable relief was, essentially, an earlier effective date of claim, which I couldn't do. I cited the CY2002 503(c) report, case 13."
  4. Berta

    Rogue C&P Examiner?

    C & P examiners are one of the biggest reason for denials. I am waiting for a copy of the actual postumous exam that was incorporated into a denial on a 1151 claim I had pending. After receipt of my CUE the VA reversed to an award in mere weeks- less than a month- But the evidence list for the denial noted a VACO cardio review in detail, that supported my FTCA case and also this specific claim. it is difficult for me to accept the C & P rendition in the denial, and I asked for a signed copy of the actual C & P and the examiner's qualifications. There is no one in the VA's C & P list who has the extensive expertise that this VACO doctor has. When I get the copy of the actual C & P , I am sending it to the Secretary of the VA. If I dont get it,. Wilkie will get what the VARO put into the denial, that it said. Maybe my RO made the whole thing up. It is absurd that vets have to obtain IMO/IMEs that can be quiet costly in some cases, to prove their claims to the VA . However that is often the only way to succeed. A good IMO /IME doctor will follow the IMO/IME criteria here at hadit and also point out the deficiencies in any bogus C & P exam crap you get.
  5. Your issue seems to be that you want an earlier effective date-, Broncovet said: "Equitable Relief" may/may not be the best route for you. It would take a review of your file to find out which is the best. I think maybe that is the very last resort. Have you tried everything else such as 38 cfr 3.156, filing a nod, filing a NOA, filing a CUE, filing a new application, etc. etc??" I agree. That is what the appeal process is for. https://www.hillandponton.com/argue-earlier-effective-date-2/ I have a CUE in progress for a proper EED, in an award they made 2 years ago. Of all of the multiple legal errors VA has made on my claims, this issue is the only one regarding an improper EED. I was going to let it go-I have a different issue before them regarding CUE on their lack of proper application of a OGC Precedent Opinion. Bu I decided -after reading their rationale for the denial ( which they reversed fast under CUE)-that is they awarded based on my medical evidence,which the C & P examiner had,when he/she denied, the posthumous C & P exam was so medically inaccurate that I do not believe anyone with a medical degree , or any medical ackground at all, prepared it. VA said I would get a copy of the actual exam by Oct 4th, but it has not arrived yet. The EED is clearly wrong.I clearly cited why it is wrong based on my dead husband's VA medical records and also based on a VACO OGC report when I filed FTCA....the same report that warranted the award when they finally read it. CUE is often a difficult way to attain a proper decision BUT,in my case, it has helped me many times. It rests solely on legal error, and the medical evidence must have been established and in VA's possession at time of the decision being cued.And the CUE must be as broncovet says "outcome determinative"- meaning but for the CUE, the VA owes you cash. If the VA had ample evidence that your EED should have been different, they committed a CUE. That would be a violation of 38 CFR 4.6.- the main regulation I have used many times, in many CUEs against them.
  6. Sorry-I thought you petitioned the US CAVC. Equitable Relief: 38 U.S. Code § 503 - Administrative error; equitable relief US Code Notes Authorities (CFR) prev | next (a) If the Secretary determines that benefits administered by the Department have not been provided by reason of administrative error on the part of the Federal Government or any of its employees, the Secretary may provide such relief on account of such error as the Secretary determines equitable, including the payment of moneys to any person whom the Secretary determines is equitably entitled to such moneys. (b) If the Secretary determines that a veteran, surviving spouse, child of a veteran, or other person has suffered loss as a consequence of reliance upon a determination by the Department of eligibility or entitlement to benefits, without knowledge that it was erroneously made, the Secretary may provide such relief on account of such error as the Secretary determines is equitable, including the payment of moneys to any person whom the Secretary determines is equitably entitled to such moneys. (c) Not later than April 1 of each year, the Secretary shall submit to Congress a report containing a statement as to the disposition of each case recommended to the Secretary for equitable relief under this section during the preceding calendar year. No report shall be required under this subsection after December 31, 2018. https://www.law.cornell.edu/uscode/text/38/503 and https://www.data.va.gov/sites/default/files/2001 Equitable Relief.pdf 14 cases of equitable relief- These arent easy to win but some do succeed. But Broncovet is right-we have no idea of what your petition is for and why it was denied- Can you scan and attach it here and also the Secretary's denial under B and C?( cover C file #, name etc prior to scanning it.)
  7. Is this the Court's decision on your writ? https://efiling.uscourts.cavc.gov/cmecf/servlet/TransportRoom?servlet=ShowDoc&dls_id=01205334504&caseId=101672&dktType=dktPublic If not can you give us the Docket #?
  8. If you gave VA your direct deposit info- it might be good idea to check your bank statement- from time to time..... often retro checks come or get deposited in banks, before the actual decision. then again, we have no idea how long anything will take these days. And by all means, if they send an audit with the retro go over it carefully to be sure it is right.
  9. The VA rater codes disabilities after the C & P exam. You can find how they code them in the link here to the VA Schedule of Ratings. It begins about half way down the link scroll bar. Do you have a solid nexus to your service for these conditions?
  10. Berta

    Tdiu awarded question

    They might absorb the one month temp comp into the TDIU award. What I mean is they wont pay both for the same month. But best to wait for the actual decision. Then again if you have not applied for the temp comp yet-perhaps it would be retroactive to the date they give you as the EED ( Earliest effective date) for the TDIU... if you apply for it.
  11. Berta

    This could happen to you

    Broncovet said: “Keep us informed, Berta “ about a week ago.... but I can't-this is my last reply to this topic. I just wanted veterans in the VA health care system to understand what the VA is doing as far as hiring independent contractors. If an independent contractor caused a vet harm or death- the only recouse is to file in a Civil court. FTCA does not cover those practitioners. I have had contact with Mr Tally's lawyer-there is far more to this than meets the eye- he seemed surprised at some info I gave him- then again I have been investigating the way VA handles FTCA issues for years and my complaint falls into the Accountability Office's mission's statement, as to when a VA employee does not uphold their own regulations. That applies to Any VA entity to include the VA General Counsel, Office of Medical and Legal-VA- and all VBA persnnel as well. Solo said:"I think Tally definitely got screwed by his lawyer" I told his lawyer yesterday that Tally,in my opinion, got screwed by the OGC. I gave some documented evidence of that via email. This has become a very time consuming matter, to me, because of the outrageous malpractice at Fayetteville AR this past summer. The extent of that malpractice is still being determined, as vets and/or their survivors wait and wait for independent reviews of their medical records, to see if they have been misdiagnosed, and if so, is it too late for anything to be done medically? And will the VA cover up the extent of that malpractice? As they did to my husband's death and to many others, by not reporting th malpracticing doctor, nurse, PAs, etc etc to the National Practitioners Data Bank? So that neither the Public nor Congress really knows who these medical practitioners are, and they go on to remain at VAMCs giving veterans 'health care'.
  12. Berta

    This could happen to you

    Yes, they could still be sued....the doctor or maybe the contractor. But the problem with that is, the negligent care was provided to the veteran, at a VAMC, thinking the care was from a VA employee. What this means is that the VA has no accountability over who they hire as independent contractors. Therefore they do not have to account for "VA" malpractice ,if it came from an independent contractor. VA manipulates their stats, as it is ,on VA -caused and proven malpractice. If they replace all VA health providers with independent contractors they call tell Congress that VA has no malpractice problems at all. This will take away the right vets have to file Section 1151 claims. As with FTCA- 1151 claims have to be proven that a VA employee caused them harm, or death. But maybe it does not even matter.
  13. https://www.va.gov/accountability/ If you read the pds and this report: https://www.va.gov/accountability/Accountability_Report_101118_1.pdf there are over 2 thousand VA employees since Jan 1, 2018 ,demoted, or suspended- and as the chart shows: 66 demotions 85 long suspensions, and 2148 removals. These involve some Medical practioners, some VSOs, and I saw a DRO and other RO employee on one of the lists. These are not all low pay level employees, as some suggested here some time ago- And a large bulk of the complaints the Office of Accountability receives do not boil down to any serious breach of VA regulation, or any other issue that might not have enough proof for them to investigate the charges. However, I was surprised at the negativity here when I first starting posting about the Accountability Act. It looks like we did 3 re-runs of the Podcast show I did on it. If you do have a serious complaint about a VA situation, and cannot get it resolved and it falls into the Mission Statement of the AO-WP you can and should file a complaint. "OUR OFFICE The Office of Accountability and Whistleblower Protection (OAWP) is a newly created Office within the Department of Veterans Affairs dedicated to improving the needs of Veterans across the United States. On April 27, 2017 the President of the United States established an Executive Order creating the Office to advise and assist the Secretary of Department-wide issues of accountability. OAWP is directed by Kirk Nicholas who provides oversight for the Secretary’s accountability agenda and final review. OAWP manages all internal affairs and has a broad and expansive mission to protect whistleblower rights and recommend discipline and/or termination of employees due to poor performance or misconduct. The Office is headquartered in Washington DC and has satellite resources and programs in VA facilities across the United States. OUR MISSION The Office of Accountability and Whistleblower Protection serves to improve the performance and accountability of VA senior executives and employees through thorough, timely and unbiased investigation of all allegations and concerns. Where these actions are found factually true, the Office will provide recommended actions related to the removal, demotion or suspension based on poor performance and/or misconduct. Additionally, OAWP provides the protection of valued VA whistleblowers against retaliation for their disclosures." The complaint as it says, must be "factually true." I had so much evidence to send to them on my complaint that I narrowed it down to some basic info , to include evidence from some from non VA sources, and evidence of my own situation. Also my complaint involved other potential veterans or their survivors, who could be or have been victimized by the same circumstances, regarding high level VA employees.
  14. Berta

    This could happen to you

    In the Tally case above, the OGC took 8 months to determine if the doctor was a VA employee- and found she was not- she was an independent contractor. In those 8 months Mr. Tally lost his right to file a civil action because the California malpractice SOL ( one year) had run out. I just found a list of what appears to be VA independent contractors-in mere seconds- I only need some more proof that the term "licensed independent providers' is the same thing as "independent contractors" but I am 99% sure it is the same thng. "Our Providers The "Our Providers" online directory lists the primary licensed independent practice providers who may be a lead, ongoing member of your treatment team at the respective VA medical center. Providers in the following occupations are listed on this website: physicians, dentists, nurse practitioners, clinical nurse specialists, physician assistants, chiropractors, certified registered nurse anesthetists, optometrists, podiatrists, and psychologists. By using this tool, you will be able to do a search of providers in the occupations listed above based upon your preferences and needs. For each provider, you will see the following: full name; gender; clinical product line to which they are "assigned"; where they received their medical training; and the school from which they received their medical degree. This information will be "refreshed" on a monthly basis. There may be staff who have been hired or who have departed the medical center since the last refresh of information. For additional information on physicians, we also encourage you to use the "DocInfo" service offered by the Federation of State Medical Boards (FSMB) at http://www.docinfo.org. The FSMB website is updated monthly and is a public website to provide information related to any physician who is licensed in any US state, territory, or district." https://www.va.gov/health/OurDoctors.asp I put the local VAMC here (Bath NY) into the search feature- 5 pages of doctors, nurses, optometrist, psyhologist- etc etc- https://www.accesstocare.va.gov/ourproviders/Main/SearchResults#!#f=8&e=40&p=10&s=30& Shocking- I wonder if the Bath VAMC has ANY VA employees in the health care field by now . I am going to run this by Mr. Tally's attoprney
  15. Berta

    Agent Orange Presumptives

    to add, this link to ebenefits has a link area to the upper right yuou can click on to seek represenation: https://www.ebenefits.va.gov/ebenefits/homepage
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