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

[Berta]

Josephine -the new law says we can hire a lawyer after June 20th if there has been an NOD filed on or after June 20th.

Well- I GRIPED BIG TIME to the guy who prepared this VA memo down in DC-

I havent checked if he got my mail yet-

The proposed reg-which was available for public comment for 2 months- as I mentioned here- said NOTHING about NODS filed on or after June 20th-

It inferred that any claimant who had filed an NOD could hire a lawyer-

I think this is going to create lots of problems- I asked the guy if he meant prior to and not On June 20th.

Just think- a proposed reg becomes a law and the proposed wording has been changed and the public could not comment on what they actually did change it to unless we all had crystal balls-

this is not the first time the VA has pulled crapola like this-

This leaves thousands and thousand of vets without the right to hire a lawyer

-vets whose claims are part of the backlog-

and I dont think lawyers are going to like this sudden restriction on who they can represent.

I will gripe some more to DC on this one.

Maybe others here would consider doing the same thing.

The proposed reg is at the Fed Register site-yet VA Watchdog published (with link here) what they came up with as the new law.

Either Bradley Mayes at VACO made a big typo or thousands of us with NODS filed prior to the reg date have been denied due process and are being screwed.

Write to Bradley Mayes C & P VA VBAWAS/CO/21

At the VA , in DC and refer to RIN 2900-AM62

[Tower_Rat]

Thanx for the replies much appreciated!!!!

[Tower_Rat]

Also i would like to add that the lawyer did the research on it, when i first told him that he could represent me because he knew nothing about it. So I guess everything since he is my POA and they have accepted him as such and the NOD was for before June 20th. I dont know how all the other regional offices are doing it but, mine is in St Louis, Missouri.

[Josephine]

Berta,

Thanks, being that I am at the Appeals Mangement Center, I guess, I will have to wait it out , and see where it takes me , if anywhere.

I would hate to employ an attorney and see my file come back to the Huntington Regional Office and take a chance that it would be tied up for a few more years.

I will never see the end of this claim anyway.

It has been 7 years this last time and between the Management Center loosing my Personnel Records twiced and my finally getting them to them again, before they made the decision that all avenues were exhasusted in locating them.

It beats me how the blooming things could now be lost in the St. Louis Archives.

Glad that I only pass out copies or I would be up the creek without a paddle and we both know that I certainly can't swim.

Thanks Again,

Josephine

Edited June 15, 2007 by Josephine

[betrayed]

DRO hearings are recorded and transcribed by the VA. Unless you go with a informal hearing then it is not recorded.

[carlie]

We had a thread several months back regarding the right VA has to record the hearings.

carlie