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Song_Ben_Hai_Ma

1151 Claims, Denial Of Records

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My name is Carl L Moore,

I am about to file a 1151 Claim for psycial and mental dammage

that occured during a session with a VA Psychiatrist at the Indianapolis,

VAMC Department of Psychiatry 01 SEPT 2006.

However they are refusing to release the needed files that will be

needed for a successful 1151 Claim

...any sugestions...My VFW SO refuses to handle this claim.

Below is copy of my next attempt to get these files,

however if they treat this attempt as the have earlier ROI

Requests, I will probly again be told, "Too Harmful To Be Released "

...again !

This I will send on May 1st, 2008

Take care,

Carl

Vietnam_Ghost@swissmail.org

http://www.geocities.com/Song_Ben_Hai_Ma/GHOST.html

01 MAY,2008

Richard L. Roudebush VA Medical Center Carl L. Moore

(Indianapolis VA Medical Center) PO BOX 62

1481 W. 10th Street WOLCOTT, IND

Indianapolis, IN 46202 47995 0062

USA

This is an ROI, FOIA / PA REQUEST.

( RELEASE OF INFORMATION , FREEDOM OF INFORMATION ACT

and PRIVACT ACT REQUEST )

REF; File ******** , SSN Last Four; ****

I am requesting copies of my Psychiatry -and- Medical files,

from 01 Jan, 2006 to the present. I am requesting these files

as they will be used in a 1151 Claim.

If there is a refusal to release these file, then I want

a written statement as to the reason they are being denied IE

"TOO HARMFUL TO RELEASE" /RED FLAGE -Catogory; 1, etc Carl L Moore 1 Copy To;Susan Bowers ( Director Richard L. Roudebush VAMC ) 1481 W. 10th Street Indianapolis, IN 46202 1 Copy To; ROI: Att: Release of Information Richard L. Roudebush VAMC 1481 West 10th Street. Indianapolis, IN 46202 1 Copy To; Dr.Aimee Mayeda,Psychiatry Richard L. Roudebush VAMC) 1481 W. 10th Street Indianapolis, IN 46202 1 Copy to; Dr Maxwell Sobel, Richard L. Roudebush VAMC 1481 W. 10th Street Indianapolis, IN 46202

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Welcome to Hadit.

Find a Doc who will accept the files on your behalf or look for a Lawyer. I suspect that they are withholding to save their skins but will use your welfare as an excuse.

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Carl-I wish you came here before you sent that letter-

I am a Sec 1151er-I made sure that I got my husband's VA med recs before I re-opened his Sec 1151 claim-

They had a hold on his records after they got his 1151 claim but when he died suddenly , as the new claimant myself, they did send me his records-and then I filed not only Sec 1151 but FTCA and won them both.

Evidence of malpractice and negligence is always somehow in the med recs-

I had to study alot of medicine to be sure (mainly Cardiology ) but certainly was fully prepared to succeed on these claims as the evidence was there.

However I highly recommend anyone filing claims like this should get an Independent Medical Opinion-

there is no sense in thinking you have a 1151 claim only to find out you dont have a medical basis for one.

Independent Medical Opinions are from private doctors who are not going to cover up any VA medical errors.

During the course of my claims the VA doctors time after time tried to oull their own VA medical BS to CTAs. It didnt work.

The evidence was in the clinical record- hidden- but there and I found it.

When VA is tipped off tha a vet is filing 1151 they write 1151 all over the C file and then they hem and haw over releasing the med recs.

This isnt like a regular court of law where anyone would have discovery rights and there would be no way med recs could be withheld- however the VA controls its own laws and regs and will probablymake it difficult for you to get those records.

Give them some time-a month or even 6 weeks and then Iris them as to your request-

If they stall and it appears they wont release them-then contact your Congressman/woman and see if they can help.

Sos usually dont like these claims because they simply dont understand them.

But you will need bonafide documented proof of negligence and damages.

VA shrinks can cause great harm to VA patients.

There was quite a famous case some years ago where a VA shrink abused a veteran.

I hope you can get those medical records to support your claim.

Here are a few of the cases that OIG investigated:

Homicide/Assault/Threats

Chesterfield, Virginia Man Pleads Guilty to Sexual Abuse

Nursing Assistant Sentenced For Assault On Veteran

VA Doctor Charged with a Three Count Information for Battery

VA Nurse Pleads Guilty to Assaulting a Patient

VA Surgeon Sentenced for Manslaughter

Fugitive Doctor Indicted Upon Return To United States

Texas Man Charged in '01 Oxycontin Robbery at V.A. Hospital

Clifton Park, NY Research Specialist Pleads Guilty to Criminally Negligent Homicide of a Veteran

Austin Doctor Convicted of Assaulting VA Patients

Former VA Nurse Plead Guilty to Abuse/Neglect of the Elde

from:http://www.va.gov/oig/publications/news-list.asp

There are other cases under investigation as well.

Also any steps you took after the incident should be documented too-such as did you go to the PAtient's rep about this, or to the Director, or anyone else in order to document whatever happened?

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Hi Berta,

Thanks for responding to me.

I am alive and I tink that the only way the files will be released

is if some rep can make then fork them over.

I contacted an attorney yeasterday he replied that he could not

represent me..because he have to ...well he in so many words

expressed that they were scratching his back..and he was thiers

to get claims thru. and that taking them head on would spoil it

for him and his clients..

My VFW SO also is refusing to handle the 1151 Claim.

I HAVE NOT MAILER THE 1151 Claim Yet. But am again

filing a ROI/FOIA/PA requests for the records, which will go

in the tommarrow.

The requests will be sent to the VAMC Director, Head of Psychiatry

and the ROI Office.

As it is now:

01 MAY,2008

ATTN; ROI OFFICE

A-Wing, room AB-154.

Richard L. Roudebush VA Medical Center Carl l Moore

(Indianapolis VA Medical Center) PO BOX 62

1481 W. 10th Street WOLCOTT, IND

Indianapolis, IN 46202 47995 0062

USA

THIS IS A; ROI, FOIA / PA REQUEST.

( RELEASE OF INFORMATION , FREEDOM OF INFORMATION ACT

And PRIVACT ACT REQUEST )

REF; File 27408323 , SSN Last Four; 2540

I am requesting copies of my PSYCHIATRY -and- Medical files,

From 01 Jan, 2006 to the present. I am requesting these files

as the will be used in a 1151 Claim.

If there is a refusal to release these file, then I want

a written statement as to the reason they are being denied IE

"TOO HARMFUL TO RELEASE" /RED FLAGE -Catogory; 1, etc

Carl L Moore

1 Copy To;Director Susan Bowers ( Director Richard L. Roudebush VAMC )

1481 W. 10th Street

Indianapolis, IN 46202

1 Copy To; ROI: Att: Release of Information

( A-Wing, room AB-154 )

Richard L. Roudebush VAMC

1481 West 10th Street.

Indianapolis, IN 46202

1 Copy To; Dr.Aimee Mayeda,Psychiatry Richard L. Roudebush VAMC)

1481 W. 10th Street

Indianapolis, IN 46202

1 Copy to; Dr Maxwell Sobel, Richard L. Roudebush VAMC

1481 W. 10th Street

Indianapolis, IN 46202

Berta, ...if you have any suggestions at all about this letter,

Please do give them to me.

My regular email add is; Vietnam_Ghost@swissmail.org

Alt Address is: Song_Ben_Hai_Ma@yahoo.com

( River Song Ben Hai Ghost)

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Do you have a private doctor who could request them on your behalf?

I know that private doctors can request and receive VA psychiatric records.

Just a thought.

Betty

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