Mariano V Principi

[Berta]

decades ago we used to say the VA was on a fishing expedition when they would make sure they got a doctor to go against a fully probative claim.

This case at the US CAVC is why I am still pissed at the so called DRO review I had-

and I am not pissed at the DRO- anewby at that time- I was her first DRO case-

but at what my rep tried to sell me.

Mariano clearly states that the VA is cautioned against obtaining an additional medical opinion when the claim already has unrefutable medical evidence.

In my case I raised the issue that

1. VA had already misdiagnosed heart disease, the extent of HBP, and strokes that my husband had -as documented by the OGC in 1997

2. so it was more than likely they failed to diagnose and treat DMII as the etiology of all of above in time to prevent my husband's totally disabling CVA and CAD

and I had 2 IMOs fully supporting my claim-sent in 2004 to the VA)that the VA kept ignoring but my rep said he would make sure they were in the c file and he would make sure the DRO considered them.Sept 2005 DRO conference.

(not a review-I asked the last Denovo sameo sameo decision to be CUED by the VA and this is how I got the conference)

He (my rep) said he thought he would come out of the DRO conference with an award for me.

The doubled edged argument I raised was persuasive as well as borne out by unrefutable medical rationale in the IMOs.

We discussed this by email and by phone.

The SOC in Dec 2005 said this never happened.

The VA maintained I had supplied no medical evidence at all( there was much more in addition to the IMOs) and they would have to get an "expert" opinion.

The DRO mentioned the "lengthy" conference with my rep but never mentioned what he said he did- he claimed he highlighted my argument with the IMos and the fact that VA already admitted to malpractice in the other instances.

Again they remained completely ignored and never even listed as evidence.

This is crap-when I brought up the SOC to the rep-- he acted -after knowing me for almost 20 years- like Berta who---

When I complained to his boss -the boss said the VA had rejected the IM0s.Say what?

You cannot reject what you dont acknowledge.

When I pointed out the VA cannot reject bonafide IMos from a real doctor- like the renown Dr. Bash-

without giving a complete medical rationale of their own in order to attempt to reject-

(and I sent him the regs) I got no reply-

I also sent him info as to who Dr. BAsh was -they never heard of him before-

In 2006 upon receipt of the third IMO-

the Division director wrote to me that I could expect the same treatment of this IMO as the other 2.

(Can he spell state court Litigation for negligence ?)

Mariano V. Principi and other cases and even the regs themselves show that the days of VARO fishing expeditions are over-

but then again I think these vet orgs give them a pole and some bait-

If the VA sends me some SOC full of VA medical crapola I can deal with that and get even another IMO-

If the VA ignores my 3 IMOs - this is something a claimant has to fight back on-

and if the rep org allows this to occur-

the claimant has to take them to task on it. Big time.

I am talking about IMOs that fully meet the VA criteria and thus cannot be rejected on that account.

I wonder if the rep took the IMOs out of my c file-before the conference (he was surprised at all this and never heard of a claimant getting the RO to react on calling a CUE on themselves regarding a de novo review-)then I think he lost them,or never replaced them in the c file (In Dec the VA said they didnt have them) and figured he would just give me some BS that he did present them to the VA.

When the claim went to the BVA I got it back within weeks.

The division refused to help me on that -even when I told them the regs the RO broke and that it would have to come back to the RO-

this same rep then filed a 21-4138 in support of the remand- AFTER he found out the claim was remanded- it was already back at the RO when he filed this CTA (cover his butt) 4138 after I told the main office that their refusal of help was wrong- the claim was remanded due to my letter to the BVA with appropriate case law cited.

I am just livid over all this but anger for me- has turned into action-

anger only clouds our thinking-

it is action that gets results.

MAriano V Principi- a good read-

Edited June 14, 2007 by Berta

[Josephine]

Berta,

When you have the time, could you post a link to this case. I am still on my granddaughters lap top and I cannot navigate myself around very well.

This case interest me greatly, as I feel this is the reason for my second C&P 5 months after receiving the favorable decision.

Thanks,

Josephine

[Berta]

Some of the BVA decision was affirmed and the rest remanded in part.

See under B- ROM- arthritis

http://64.233.167.104/custom?q=cache:1Yl37...326217334650925

[Josephine]

Berta,

thanks bunches!

Josephine

[Tower_Rat]

I have a question: can you record a DRO hearing at the regional office? I have one coming up and wondered if they would or If the attorney could. I dont want any of the information to slip through the cracks and I want them to be accountable for everything they say. They say its informal but, there is so much riding on a hearing how can it be informal with them on one side and the lawyer and me on the other? I consider it more of a negotiation I hope. I think more Veterans should ask for a DRO hearing face to face so they can personally hand them the evidence they want them to have. I think it will give me a feeling of relief and satisfaction knowing that I saw them face to face and talked about the evidence that I just handed them, knowing that it wasnt going to get filed away or lost before any one adjudicated my claims. Just a thought....

[Josephine]

Tower Rat,

This is not the answer to your question, but sure would like to know how you have an attorney to represent you? I ask several, but was told not on this level.

Thanks so much,

Josephine

[Berta]

Tower -I would ask them if you yourself could record it.

The DRO has to put a statement into your c file as to what it all covered and they might tape it anyhow but I am not too sure on that.

If your lawyer is present he or she is a witness also to what they say.

They probably wont object if you record it.-if they know you are recording it-

I think it is against the law here in NY to record something and not tell the other party.

It is technically a negotiation of sorts and might go better than you think.

If I ever have a one to one in Buffalo I definitely am bringing my lawyer.And maybe I will hire a videographer too- B)