Ssoc Reply To Va

[Josh]

Attached is the word document of my final SSOC reply to be submitted this coming week. TEAR it APART... If there is a hole, I will fill it, but this ship is without leaks..

Josh

Edited October 20, 2007 by Josh

[Berta]

Josh- this is a very compelling medical argument to the VA-

I sure would hate to see you at the BVA for years though-

Did the VA ever send you a VCAA letter that Specifically told you what evidence they needed?

Then again_ I am not too sure if they send VCAA s for 1151 claims- but

I strongly suggest that you consider obtaining an IMO from Dr. Craig C. Bash- Radiologist-

This will be costly but then again- he has the expertise needed to opine on this claim-

It would be not only an investment if the IMO helps you to succeed but also an IMO could set up a faster remand from the BVA so the RO would HAVE to read your evidence.

If the BVA gets your claim they could even remand it from what I see here-

that can take over a year to get a regular remand.

and then you again have to deal with the same VARO again-

My RO -Buffalo- does not even seem to read responses to SSOC. If they read mine I would not have been sent to the BVA-I got the claim back on remand in mere weeks and not months due to calling legal errors to the BVA's attention-

Otherwise I would have been at the BVA for over a year or more only to get a remand anyhow due to these legal errors-

I got "expeditious" remand treatment-

meaning VARO got the remanded claim in Sept 2007 -it moved many times to raters etc (I have other issues too there) and last week it finally went to a DRO-

expeditiously- it took them over a year on the remand to begin actively working on it

but I saved the year or so more at the BVA by requesting the remand due to legal error.

I got 2 IMOs from Dr. Bash at cost of $ 4,000 -neither one is redundant nor cummulative to the other-

I never regret spending that money and it looks like the VA is finally going to read my IMOs.

There are many IMO docs on the net who could possible help you-

I needed a radiologist due to Rod's MRIs etc.

I am prepared to get an additional IMO if needed from a pathologist- but the VA would sure have to knock down the IMOs I have and their "expert's" opinion of 2005 denying the claim - Dr. BAsh stated in his next IMO -was "medically inaccurate" and he gave full medical rationale for his statement.

A good IMO -if there really is malpractice here -looks to me there is but I am not a doctor-

will help this claim considerably.

[Josh]

Thank you very Much Berta! What is missing here is the "picture" let me include it Berta.. Good to say hello to you again...So much has happened in the last two years. My wife had a heart attack after her bout with cancer so you can be sure it has been rough..

Anyway here is what I will be attaching that they continue to "NOT SEE" or LOOK AT.

The try and get to Dr Bash from Colombia to review the films would be a real financial strain ... Prtobably out of the realm of possiblity... The there is the Nobel prize possiblity... hmmmmm Which is more liely the Nobel prize or getting VA Claim approved?

Josh

Edited October 20, 2007 by Josh

[Berta]

Josh- as you know I won Sec 1151 for wrongful death of my husband.

I won FTCA claim too-

I got used to finding out what evidence they refused to consider- it was the stuff that kept disappearing from the c file-and I kept sending it back to them-

I knocked down at least 4 quack medical opinions from the VA with the clinical evidence-and persistence- but that was in the late 1990s- these days things are different-

The Inspector General found in 2005 survey that raters simply were not able to take the time to read all of a veterans evidence-

this is grossly unfair-

they have never read or opined on any of my medical evidence in over 4 1/2 years-

however due to some unusual circumstances- I believe that this is rapidly turning around for me-

The VA will attempt to disregard anything medical that comes from a claimant-they do have consider IMOs as well as anything the claimant provides-

that is within the regs- but they simply dont want to do that.

I am beginning to see that claims with IMOs are the ones with the best chance of success these days.

The only reason I succeeded with my malpratice claims without an IMO is that I studied cardiology and cerebral medical data enough to medically knock down the local RO doctors and then get up to the level of the Chief of Cardiology-VACO Washington DC.

The evidence of the VA malpratice was within the clinical record- hidden most of the time- bu I found it and then it became obvious at other times-curing his care-

in any event -

All I sent to VA to support my newer claim of 2003 has been ignored-

Dr. Bash agreed with my medical assessment and provided his own expert opinion within his IMOs.

For some reason my IMOs kept getting lost or removed from my c file-

2 weeksd ago my POA revoked their POA with me- and it opened the door for me-

I stated to the General COunsel that my POA had seemed to take deliberate steps (and sent evidence of that) to make sure the VA would not ever see my IMOs)

It seemed they had no time to interfere with the last submission again of my IMOs in Sept.They didnt even know I sent them in again.

The day after they revoked my claim went to a DRO and VA said my IMOs were in the c file.

I just think these days that only the word of a real doctor independent of the VA medical MOS -can help most claims succeed.

The VA examiner used only 3 or 4 records to opine on and deny my AO death claim.

Dr. Bash used the entire clinical record, past SSOCs, the veteran's autopsy, and even the VACO review from the FTCA settlement.

He spent 4-5 days solely on my claim and evidence , called me and told me he had fully supported my claim and he sent me the IMOs right away.

[Pete53]

Dear Josh:

I was so sorry to hear about your wife and I pray that she experiences better health in the future. As hard as it is to have medical problems it is much harder to see loved ones with health problems.

You can also have a Medical Doctor where you live do the same thing as Dr Bash but in my opinion Dr Bash knows the VA speak and rational better than most Docs.

The VA in Waco Texas accepted without a bling a one page opinion written by my brothers Doctor in Curenavaca Mexico.

Good Luck

[Josh]

Hi Pete and Berta... Thanks for both your thoughts on the claim and your consideration regarding my wife.

I am going to let this reply go on and will consider contacting him in the near future. I do not know what is next is after getting this SSOC answered.

I guess they could go to the board and have it sent back to the RO to reconsider this time recognizing the "unmentioned evidence".. the direct images. They will want to deny here but there is no way to deny the pictures provided by an MRI. Now it comes down to a rosolution of what is being veiwed on a 256 level gray scale image..hmmm old technology to be sure.

Berta send me an email at myu yahoo address I'd like to ask you a very breif question and get your opinion. Not a medical opinion it is about data.

Edited October 20, 2007 by Josh

[Berta]

Josh- can I answer your question here?

I have 459 unread emails from a 2 month period and only have time to read a few every day- and of course more come in too-daily-

It isnt that I am popular or anything- I deal with numerous VA issues beyond what we discuss here-and have to triage my emails-some require immediate responses.

Many here have their email and PM thing open and can help with your question.