Any Thoughts

[Berta]

The Director of Buffalo VARO received copy of a letter and again,with it ,copies of my IMOs that I has sent to Dep Sec Manfield.

She states Issue one as a claim in appeal status. (this specific claim has never been denied and the VSM promised me a decision on it 2 or 3 tmes since Jan 2003.It involves a legal question issue)

How can it be in appeals staus without any denial?

Issue # she states is my main AO death claim,currently in appeals status.

Issue # 3 she states-as the VA stated erroneously in 2006-

is a claim cutrently in appeal status to be considered by the BVA.

(I already informed the BVA that this claim was withdrawn when I filed the 2 CUE claims. needed to make sure this issue was a final one before filing the CUE claims)

The letter states that an SSOC was prepared "after additional evidence was received." for my AO claim.

WRONG- the SSOC indicates clearly that my vet rep never presented my IMO and that I had not presented additional evidence.

On Jan 17, 2006 I again responded to the SSOC with the initial IMO and referred the VA to the additional other medical evidence they have never addressed.

This recent letter states:

"We accepted your letter dated January 17,2006 in lieu of a substantial appeal (VA form I-9)" (this happened within a second conference -with my vet rep-unknown to me at the time)

I filed a formal I-9 on Feb 4, 2006 fully within the appeal period-again attaching my medical evidence.

"These issues are ready to be transferred to the BVA.

However an appeal cannot be transferred to the BVA while there is an active issue before the Buffalo Regional Office."

It goes on to give status of my CUE claims- with a DRO.

During the week the second conference occurred with my vet rep- at that time they decided to send my AO claim to the BVA.

I didnt know for 6 months.They decided to use my SSOC response as a formal appeal.???

Is that kosher?

As you all know due to their illegal 2003 VCAA letter and the fact they still had not considered my IMOs (2 at that time) the BVA,upon receipt of my letter requesting immediate remand,, remanded the whole thing back to them in a few weeks.The BVA had the I-9 and the IMOs and sent this all back.Sept 2006.

In Dec 2006 VA states in Iris that they never received the IMOs.

I sent them again.

I should have asked if the I-9 was there too.

The VSM stated to me in recent email that this claim is with a DRO.

My phone log shows this AO claim has been to rating and specialist and back to DRo, rating, DRO etc numerous times since Sept 2006.

I am correcting her letter and sending the whole thing back to Mansfield so I get a response from her-

Question-could it be that NYSDVA

(I charged them with failing to properly handle my evidence at the first conference in 2005 with the DRO in complaint to the OGC)

made sure my actual I-9 was ignored too?

With 2 strong IMOs I feel I am still good to the gitgo and with the prior FTCA malpractice award ,that also lends credence to my IMOs.

Question-what benefit would a state service agency have to deliberately insure my claim would be in the system for over 5 years already without having my medical evidence being addressed?

Especially when not once but twice vet reps from NYSDVA has conferences first with a DRO and then with the VSM?

If I could come up with a logical answer to that -

maybe I could understand why this happened-

Better yet -I have more evidence for my complaint filed with the OGC.

Maybe the OGC can get an answer.

The Director clearly states in this letter as I quoted-

andf she is correct-

"An appeal cannot be transferred to the BVA while there is an active issue before the Buffalo Regional Office."

But they did just that in 2006 and my vet reps stood by and allowed that to occur.

One thing is for sure- the VA once they put something on paper-

is giving claimants documentation as to how messed up the system is.

Ad when they do that-it can be used against them.

Sorry for long gripe-I have never seen any claim so messed up like mine is and I wonder how many vets or widows got the same crap either from this VARO or NYSDVA-or worse yet-

both of these entities-joining together to make sure certain claims would

not succeed.

[luvHIM]

"One thing is for sure- the VA once they put something on paper-

is giving claimants documentation as to how messed up the system is.

Ad when they do that-it can be used against them.

Sorry for long gripe-I have never seen any claim so messed up like mine is and I wonder how many vets or widows got the same crap either from this VARO or NYSDVA-or worse yet-

both of these entities-joining together to make sure certain claims would

not succeed."

Hi Berta, I feel your grief and frustration. GRIPE all you want to. I can't offer you anything right now because I am still too numb with my own recent denial. But I just wanted you to know that even though I am in a different VARO; my claim is messed up also. I wasn't going to fight back anymore. But family thinks it would be a huge mistake for me not to.

[LarryJ]

Wow, Berta!

I'm tryin to keep in touch with what you've got going on, and it's reminding me more and more of what it must be like to be engaged, either as a spectator or as a participant, in a Chinese Table Tennis match!

Which sorta reminds me of one of my recent denials.

You know, when they list the "evidence used to reach our decision"?

Where they list all the documents, correspondence, etc.

Where they have listed THREE of those "do you want for us to go ahead and make a decision or wait 60 days for more evidence from you".

You know.........the three "do you want us to wait 60 MORE days before we have to consider your evidence"?

The THREE 60 day waits.........you know, where they have the two little boxes to check.

THE THREE THAT THEY KEPT SENDING ME. THE ONES WHERE I KEPT CHECKIN THE "PLEEEASE GO AHEAD AND DO SUMPTHIN CAUSE I DON'T HAVE NUTTIN ELSE TO SEND TO YOU"

GEEZ!!!

FRUSTRATION, WHAT FRUSTRATION..?

[LarryJ]

I mean, golly.......that just gave 'em ANOTHER half of a YEAR to screw around with me!

[Berta]

"I'm tryin to keep in touch with what you've got going on, and it's reminding me more and more of what it must be like to be engaged, either as a spectator or as a participant, in a Chinese Table Tennis match"

Larry-I call it a War Game and approach it all that way-

I went through this same BS in the late 1990s too- and I won those claims-

but they were a miserable battle-

these days things are so much worse at the VARO I deal with that this is probably normal SOP crapola for many claimants.

But I have to keep in mind- my POAs are the ones who had plenty of input into this VA screw up-

they might have actually caused all of the problems.I have found additional documentation to send to the OGC as evidence as to what my POAs did in addition to what I already sent to them.

The VA screwed up my claims so bad -they had to have help-from my POA.

I have many emails from many reps at NYSDVA , even many I dont even know, trying to convince me that VA medical personnel "reviewed" my IMO of November 2004.

It never happened. An SOC and an additional SSOC says that never happened.

None of my medical evidence has ever been reviewed by the VA for my AO claim.

In over 5 years.

And I will find out why.

[3 years to retire]

Sorry for your problems but I do love the fight in you. If it is right, then it is ok to fight...

keep on...

[free_spirit_etc]

I would make sure they got clear on the fact the I-9 was sent in. That game can give them the opportunity to play around with remands with the BVA. I have seen cases where the BVA says that the RO accepted the NOD as the substantial appeal - but then, it is remanded back to see if there was anything filed that the RO took as an NOD. (Because you have to file an NOD FIRST).

I am sure you DID. My concern is that THEY are putting all this confusing stuff in your case, so the BA and them can pass your claim back and forth resolving these side issues, and IGNORE the actual claim.

That's what they seemed to do on my husband's dental claim - for his one time dental treatment. They kept passing it back and forth between the RO and the BVA, deciding all kinds of side issues, that they NEVER addressed the issue of entitlement for his one time dental treatment.

So I would be prone to make it VERY clear:

I received my SOC on ____

I submitted my NOD on ____

I received my SSOC on ____.

I submitted my NOD on ____.

I submitted my I-9 on ____.

They will STILL be able to twist that all around and confuse it... But the BVA might be able to read it.

Free