Why Can't They Give You A Straight Answer?

[JayBrown1]

Why can't they give you a straight answer to our questions? I sent an IRIS requesting the status of my claim. This is what I got, "A response is being prepared. It should be sent to you shortly." WHAT? What is that? Am I suppose to decipher the response? What does that mean?

[Berta]

Iris provides hard copy-

I save my Iris responses, one of them is a beauty----

In 2005 the VA scheduled my husband fir a C & P at the local VA.

Since he had been deceased for a decade already I called the VAMC and asked if I could attend the C & P since the veteran was dead-after all I attended most of them in his lifetime.

Well of course it wasnt the traditional C & P- all of his records had been sent to the local VAMC for a VA "expert" to opine on them.

6 weeks passed and no one opined on them.The local VA had no expert to opine on them. That is where the bulk of documented malpractice had occured when he was alive.

Then (I keep track of everything they do) I heard from the VA that the VA had gotten an "expert" -at the same VAMC where the records had already been for 2 years-and this doctor's secretary had called Bath because a sudden big rush was put on the claim and that the "expert" needed only 3-4 clinical records from the VA med recs to be sent by fax to Buffalo.

Say what? this doc was opining on Rods death and only was going to use 3-4 med recs?

I double checked to see if in fact-the info I got was wrong and that the stack of records would be sent on the van back to Buffalo for the opinion-

as established VA case law says they will all be reviewed-

nope-this doc didnt even know there had been an autopsy nor prior findings of malpractice by the VA.

I was astonished and queried IRIS to see if the veteran's records HAD been sent to the opining VA doctor-

The response (I know this rep who wrote it)

stated that Rod's records were still at the Bath VA.

(The VA expert was opining on them over 75 miles away but only with the 3-4 ones she had faxed to her)

can the VA spell deficient medical opinion?

I was pretty thrilled at this all as it would become a point when I knocked down this doc's opinion-

BUT-I wrote back to IRIS right away and the same rep stated in caps:

MRS. SIMMONS- AS I TOLD YOU THE VETERANS MEDICAL RECORDS HAVE BEEN HERE AT BATH FOR

WEEKS AND ARE STILL HERE.

I printed this off as it is proof that the VA doctor never adequately addressed the pertinent medical records at all.

Dr. Bash stated that this doctor's opinion was "medically inaccurate" in regards to the VA interpretation of these few records and expanded on that point with all of the clinical medical evidence the VA "expert" had failed to even read or consider.

I say SAVE EVERYTHING from the VA-especially hard copy email and Iris stuff.

In case you have to use their words against them.

It is all like tactical warfare-

if the enemy retreats and their wounded leave their guns behind-

you collect the guns on the advance.

if there is still ammo in them-use it against them

The VA is not an enemy of course-but this is a war of words-

and tactical warfare principles can apply to claims-

develop a strategy- (the claim and how to support it)

assess the EN's intelligence (study the regs in 38 CFR that apply to your claim)

and their weaknesses-

(any faulty medical logic-etc in SOCs etc-or a failure to send you an adequate VCAA letter?)

and their strengths (do you need an IMO to combat a VA negative opinion?, are they correct in saying you have not proven a nexus yet ?)

and then hit their flanks with the Evidence.

It isn't warfare at all and again the VA is not anyone's enemy-

In the old Veterans BBS of the 1990s we had a member -a former BVA lawyer- who always said that 99% of claims can succeed.

That seems impossible to me in those days- but not impossible now.

EVidence is the only thing that matters.

Edited June 24, 2007 by Berta

[Alex]

Berta --

Re your: "In the old Veterans BBS of the 1990s we had a member -a former BVA lawyer- who always said that 99% of claims can succeed.

That seems impossible to me in those days- but not impossible now.

EVidence is the only thing that matters."

That was then, and this is now. I am finding I am getting less BVA grants that I had before, and, since the character of my caseload hasn’t changed, I can only assume RO’s and BVA are getting tougher and better fom a VA standpoint – an impression shared by my colleagues here.

Alex