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Close To A Decision


Guest Berta

Question

For over 6 weeks the local VA has failed to return my claims folder and the veteran's medical records to the VARO.No one can tell me why.I heard the VARO itself was getting very concerned.

My main claim rests on 3-4 lab reports done it 1992. There is plenty more medical evidence in the veteran's VA files to support my claim but these 3-4 reports

satisfy VA and the ADA criteria for diabetes. The two IMOs I got stress the fact that these lab reports show the veteran had diabetes. The only issue in my main claim is whether or not the veteran had diabetes.

Last month I sent my vet rep a brief statement in support of this fact which was quite dramatic in it's wording,attaching these reports and two additional pieces of evidence. I was quite proud of how I had stated it. I guess he used it before the DRO.

The VA IMO doctor then had ordered (since the local VA still did not return the files)and received by fax- specific 3-4 lab reports from the VA- most likely the ones that are mentioned in my 2 IMOs.No other lab reports would have prime significance to this specific claim. No other lab reports rule out diabetes but these specific ones , as indicated in the IMOs I got, reveal it clearly.

I did not know that this AM when I was griping. This is all the VA IMO doctor needs anyhow-

I supported every single VA documented symptom my husband had with an association to diabetes,which took months to do ,as well as every condition on his autopsy,that was not difficult but it also took time, and also the misdiagnosed heart attack he had at the VA which contained evidence of diabetes on the medical certificate. I did a lot of work before I got the IMO from Dr. Bash. My goal was to give my husband Peace with Honor.

I actually expect a decision now sooner than I thought.

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Berta,

I sure am hoping all will come out fine on this next stage for you as you have been quite the warriar. Take care of yourself. We are all sure getting alot of grey hair playing the waiting game. I too am hoping for more information in the upcoming days. The VA´s IMO on my casae is still out and I sure would like to know what is up there as it has been in -his/her hands for over 60 days.

Joseph

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Thanks Guys-

Luckily- I have a vet rep with offices right at the VARO-

I sent him the email response I got from the VARO- that the files are still in Bath. Yet the local VA told both him and me that the whole 4 volumes were sent back to them (the VARO)over 6 weeks ago. But it is all still in the file room-20 miles away- the VA doctor only needs

a few records-and they were sent to this doc by fax-if they are the right records-

still- they cannot proceed with the claims until they get the files back.

My vet rep was as astonished as I was-that we had been told these files had been returned many weeks ago-

He approached the VARO yesterday and will let me know what is what-

I am pretty glad I checked into this-I cannot figure out why the woman who receives these files at the local VA , as part of her job, lied to me and my vet rep about their return to Buffalo 6 weeks ago.

I was going to over there with today's newspaper and a camera to prove they were there but yesterday the VA query response stated emphatically that they were still there. That was all the proof I needed.

If I got a denial I could prove that they didnt look at all of the evidence-

still- if the VA IMO doc has copies of the IMOS I got-they only need a few lab reports.

Then again- I cant get a decision until they are returned to the VARO-

Maybe that is their game- I cant get a decision until they are returned-----

My local representation has not been good but the vet rep I have at the VARO is excellent and can go right into the VARO office (he is down the hall) and ask them questions I can't.

I gripe about SOs and vet reps all the time-but if you have a good one with offices at the VARO-

it helps tremendously.

If the MF shows up- as in the past they have- and 'misplaces' my husband's stuff and evidence again -(mysterious force) I can go over to the Bath VA and try to find it.

But I have copies of everything they need for the claim anyhow-

sorry I am griping- this will all work out -it is just that in 1992 a VA doctor told me "nothing" was wrong with my husband's heart. Two years later he died as I gave him CPR- massive heart attack-

the medical records revealed that he did have significant heart disease and a prior heart attack at the VA -all misdiagnosed. That 1992 VA doctor was a Cardiologist! and I believed him.

I still cant seem to ever get a straight, honest answer out of the VA.

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