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Imo And Files Back To Dro


Guest Berta

Question

If the VA told me again that the files are still in transit I think I would have went ballistic!

The VA IMO and the files went into the DRO's office yesterday- she has all she needs to make a decision.

This is nuts-

I have 2 IMos and overwhelming medical evidence (from VA) that shows Rod had diabetes mellitus but he was not diagnosed with it.

I already had proved they (VA) had misdiagnosed heart disease and strokes, in 1995 claims, and also the fact that two of his meds were inappropriate and critical to causing his death.(FTCA and Sec 1151 claims for wrongful death)

I have info from the ADA, the VA, and the Expert Committee on the Diagnosis and Classification of Diabetes Mellitus that clearly states that a normal fasting glucose value is less then 100mg/dl.

My husband 'fasted' ,while hospitalized at two VAMCs from August 9th to August 28th- when a feeding tube was finally inserted.Hs throat was paralyzed and the records contain many notations that he said he was dying of dehydration. They would let him hold an ice cube to his mouth. He was finally able to eat a real meal again on Sept 13th-I think it was-

He had fasted for 439 hours prior to feeding tube insertion and had glucose levels well above the 100mg/dl -normal FPG levels (a 12 hour fast for the FGT test is standard and if over 126- diabetes is indicated -a level he was higher than-) during that time.

Also as Dr. Bash stated -his brain damage on the MRI due to numerous strokes was consistent wth thousands of MRIs of diabetics that Dr. Bash ,as a radiologolist, had read and he thus provided a strong professionale rationale for that too , which also proved Rod had misdiagnosed diabetes. The autopsy ,as he stated also,was consistent with heart and brain atherosclerosis consistent with DVD-diabetic vascular disease.

There are numerous other medical notations, and symptoms, etc-showing VA suspected diabetes and mentioned tests to be done, but these tests were never followed through. The former VA doctor who I got an IMO from told the veteran in Aug 1992 that he felt diabetes was what had caused his problems and he had ordered a finderstick test -in the med recs- that was never performed. He said they needed the MRI results first and when the MRI results came in and no follow up on the glucose was done, we didnt even worry about it anymore as we thought they had ruled DM out.

As Dr Bash stated the veteran had no other known etiology for the diabetes but for exposure to AO in Vietnam.

This is what is nuts-

my VA paranoia tells me that the VA IMO might actually be against the claim- but that would be against all known medical standards and classification thresholds for diabetes. It would be one more VA misdiagnosis.

It would-in fact- make medical history! They would have to discover a Brand new disease!

This is the worse time for claimants- the unknown limbo zone-

I am actually getting ready for a NOD and an additional IMO if I need it.

In spite of the evidence I have which my vet rep said should have produced an award under 38 CFR 5107 already (preponderance) I am still preparing for battle.

The reason I am telling this long story is that -I have acted as a pro se attorney many times and also have gone into court with a real lawyer representing me. I never had a single doubt as to the outcome of those

scenarios because my evidence was solid and I never felt a lack of confidence.

But this is the VA-unlike any normal court of law and you feel like the deck has been stacked against you

before you even file a claim.

If the VA claims set up was consistent with civil court procedures it could certainly simplify things.

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  • HadIt.com Elder

Berta:

I pray that the DRO will do the right thing and grants your claim. Meanwhile, I suggest that you relax till you hear back.

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Berta, my thoughts are with you tonight. Thank God the file is back where it belongs for rating.

I understand the anxiety you are feeling. What happened to your husband sounds so familiar to me, because it the same medical breakdown that my husband has experienced. When we didn't hear from the VA doctor, we assumed everything was all right too. At some point, lay people have to yield to the professionals in these matters. Our husbands have paid a price for that trust.

It is outrageous that you have to feel so vulnerable despite the tight case you've built. We feel vulnerable because if VA does something stupid, and against the law, we still have to deal with it. And by the time we submit the file, we've worked so hard on it, it's not easy to think of having to go another round. I'm believing you won't have to--you will win!

I talked to a rater today because they sent the letter telling me they were working on my husband's claim. In listing the evidence they had received, they didn't mention either of his IMOs, which of course, are the crux of the claims. I called to be sure they didn't process the claim without allowing me to resend the IMOs if they had "misplaced" them. The congressional liaison left a message on my voice mail at 6:00 pm (I thought they dove for the front door at 4:29 pm), saying the IMOs were there, but they weren't listed because "there was a lot of duplicate information in the file." She said it with a bit of irritation. I only duplicated the information again that they obviously disregarded the last time. So I'm anxious too. She was working on his file at 6:00 pm and it's flagged for congressional interest. Both could make her a little testy, I guess. I just wish I hadn't missed her call. I like every opportunity for live contact.

Anyway, in this limbo, I am holding the BEST thoughts for you. I pray that favor abounds to you.

Carrie

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