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Any Thoughts On This Odd

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Berta

Question

As I mentioned before my POA has a short period of time left to respond to charges I filed against them with the OGC.

There was the illegal revocation of my POA and other charges that I put into a time line with exhibits to prove.

One charge was that the POA failed to present my initial Imos to the DRO although minutes before this confernce we discussed not only that he would do that ,we discussed considerable other evidence pertaining to my claim that the VA had ignored in a sameo sameo De novo review.

The conference was set up by the VSM because I asked her to CUE the sameo sameo so called de novo review.

The rep (due to screw up between this local POA and his office)took the IMO from my C file before the conference. He told me he was sure he would walk out of the conference with an award.

He also told me to send him as well as the local rep copies of everything I had ( that all has been destroyed- not "maintained" was how he put it)

I responded to the SSOC this conference produced that again failed to consider the Medical evidence and my IMos, attaching the Imos again to the response.Nothing I discussed with the vet rep nor my IMos or anything else was brought up-in a "lengthy" conference- I dont know what they talked about.The SSOC itself is my evidence that the rep failed to do what he was supposed to do.

Within days of receipt of that response however the VSM had a conference herself with someone from my POA (maybe this same rep)and they decided to use my response as a formal I-9 and immediately (I didnt find this out for 6 more months)started the transfer process to the BVA.

I had 60 days to file the formal I-9 and mailed it,a few weeks after sending the response to the SSOC, returning to find in my mailbox the odd letter about my SSOC response being used as my appeal.

I got a remand right away-

and had even discussed my I-9 with Ron Abrams, attorney for NVLSP and he was glad I had posted at hadit what he recommends putting on this important form. It is under the search feature.

He also -in another conversation -told me I took the right steps in getting the fast remand.He was so right there.My POA refused to help me with it or support it.They were shicvked when I got it and then filed a 4138 so it would look like they got it for me-one rep told people at the RO he himself got a client a fast remand meaning me.Not true at all.

Question

Isnt it highly unusual for the VA (the VSM and someone from my POA agreed to this)to accept a SSOC response as a formal I-9?

Particularly when the VA itself determines the time limit for an I-9?

I asked the VSM today to respond in writing telling me the regulation she used to do this.

I sent the BVA the I-9 myself and they remanded in a few weeks and I chalked this incident up at the time to one more bizarre thing that happened between my POA and the VA regarding my claim-

(such as within days after the remand a rep from NYSDVA told me he heard the VA was getting another VA opinion- the files were still in the mailroom and nothing from VA yet has indicated that in almost 2 years. The VA doesnt work that fast.They havent done a thing with my remanded claim at all- 2 years in September.)

I think those dopes thought they could revoke my POA because I had sent a SSOC response in -never considering that the formal I-9 was sent in within a few weeks of the SSOC decision.

And the rep who revoked didnt even know that someone (maybe him) had agreed to use the SSOC as the I-9 with the VSM.(documented from the VSM herself in a letter to me)

My I-9 was filed properly and on time.I have no concern about that (unless that was mysteriously removed from my C file-)

The POA just found out that I had checked my I-9 with Ron Abrams of NVLSP-and it complied fully with the regs as well as Ron's suggestions in the VBM.

Is there some reg I never heard of that would allow the VA to use something other than an I-9 for an appeal?

I felt if I had let that go as the VSM and rep agreed to-and had not filed the formal I-9-

the BVA could have legally said years down the road that the SSOC response was completely unacceptable as a formal appeal.

Has anyone here ever sent in evidence that was ignored in a SSOC only to find that-although they have plenty of time to file the I-9 on the decision-the VA tried to turn their response into the formal I-9?

The more I look into my situation -the more it appears that NYSDVA and the RO agreed to do what seems against proper established VA case law.

If I had not sent the BVA my I-9 myself to request the remand- I could have found myself with a denial at the BVA solely due to not sending in a formal I-9.

Any comments?

I have seen appeals rejected by the BVA because they were not in a specific I-9 format.

Or the I-9 was not timely.

Would any of you believe that this idea of the VSm and my POA would have been an acceotable I-9 to the BVA?

Edited by Berta
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Yeah. I wouldn't trust this at all.

The times I saw this applied in BVA cases - it didn't seem to work to the vets favor -

It was more like - The RO accepted the NOD as a substantive appeal. But if they did that - then the case was remanded BACK to the RO to see if there was anything else they could accept as the NOD (which they probably later decided - NO - so the case could be dismissed because the vet didn't file an NOD). But in actuality - the vet DID file an NOD - the RO accepted it as a I-9 instead - sent it on to the BVA - so the vet could wait a couple years for them to remand it back and then say - Oops - we took the NOD to be a I-9 - so that means you didn't file an NOD. (except they leave out the ooops part...so the vet thinks it is their own fault).

The BVA is SOOOOOOOOOOOOOOOO specific about the I-9 being filed on time and correctly - and the vet pays the price if it is not. Unfornately, it seems the RO doesn't have to pay a price when THEY mess it up. Only the vet.

And in some cases, such as yours - I wonder if it is a mistake at all - or an attempt to mess up the claim by making the appeal the focus - instead of the claim itself.

That's one of the reasons I have pushed for the RO to re-adjudicate my claim - since I sent evidence in within a year of my VCAA. I don't want to go all the way through the process - only to have the BVA decide that I was denied due process of having my claim re-adjudicated when I submitted evidence within the time frame - and remand it back to add a couple more years to my claim.

Free

In some cases the VA can accept a NOD or appeal that does not conform to the regs-

but who would take the chance on doing that if they in fact know what the regs involve-

Even if the VARO accepts something, the BVA could question it-

This all involved the second meeting with my vet rep-and an agreement the VSM made with him-

If a claimant has 60 days in which to file the formal I-9 -how many vets are having other documents they sent to the RO accepted as the formal I-9-in lieu of it?

Why even bother to send the I-9 out at all?

What I see here is that the RO and the rep couldnt wait to get me out of their hair-

if the VA isnt going to allow us the 60 day period-in which to file a formal I-9- which they themselves send to us to file-what good is that?

Now I think the rep who revoked my POA saw the SSOC response instead of the I-9 and this is the reason he will tell the OGC that he revoked me.The OGC however has the whole story.

I discussed my I-9 with Ron Abrams NVLSP before I prepared it due to his specific advise on preparing them in the VBM.

I had also posted this info here at hadit and Ron was very glad that NVLSP's advise was shared on this web site.They advise adding a condition to the I-9 form-"preserve for all errors etc"

I was prevented from being given the full 60 days to prepare a formal I-9 in complaince with what NVLSP suggests.(although I did)

NVLSP trains most vet reps initially- and they trained my POA reps however not one of the reps at the local office even opened the VBMs I donated to them over the years- if they had done that-

they would not have agreed with the VSM to accept a SSOC response as my formal I-9.

You are correct Free spirit- in what you stated- but I sure dont think any of us should ever expect the RO to accept something that does not technically comply with the regs on appeals-

down the road -at the BVA- it could backfire.Those types of situations are at the BVA web site too.

The VA does not want to read my medical evidence-that is the crux of this whole problem-

I went thru over 3 years of this in the past-

I sent my medical evidence to Sec Deputy Mansfield last month-(there was specific reason I chose him) -he submitted it himself to the VA.

You raise good points- but when the VA itself sends a vet or widow an I-9 form there is no reason to accept anything else in lieu of an I-9 -when the claimant has time left to send it back to the RO.

I could see this being done in case of an infirm or hospitalized vet who could not comply with the I-9 in time due to illness-but somehow had sent something that the RO could use in place of a formal I-9- still I dont see the VA making that exception-

The usual rule is No I-9- no appeal is in progress at all. The claim is over.

Actually I think I had a year for the I-9,but sent it back in a few weeks-prior to the 60 day deadline-

I havent gotten in touch with NVLSP as to how the VARO wanted to accept my response to an SSOC-as a formal I-9

I think I should give Ron a call on this-as soon as I get a written response from the VSM on why she agreed to do this with my POA.

I have dealt with NVLSP since 1991. They want to know what problems advocates see in the claims process.

Since they train most reps anyhow- they also want to know if reps themselves are circumventing our rights as claimants.

It IS a game.Some of our POAs are helping the VA play the game.

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Free- I found my POA had a few triple remands and one quadruple- these things have to be resolved at the RO level - otherwise it does mean years and years pass by-remand after remand -

Aside from the few weeks the BVA had my claim-it has remained at the VARO for over 5 years so far.Without my medical evidence being read.

I made sure the BVA had copies of my IMos and sent them directly to BVA with my remand request- and they sent it all right back to the RO-but a few months later for some reason I irised the VA to make sure they would confirm the IMOs were still in the file- and they said they had never received them.

I bet they were missing when the files were transferred to the BVA too.

Good thing I took the actions I did at the time-

When my files went to the OGC in 1996- the VA failed to send the most critical medical evidence-

and removed it from the transferred files-

the medical team down there was stunned to learn what was missing-

I kept in touch with them by phone-good thing-I knew what they needed and never got in the :complete" record-

the VA never tells us what they are holding back or removing from our files-or what has been lost or misplaced- we have to find that out on own own.

Edited by Berta
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I have read so many of your comments and I wondered...did you begin your plight with the VA during your first marriage with that husband, or was it with your second? How long have you been fighting the VA?

How many suits have you recorded and won against the VA? I applaude your courage and determine to persevere with these challenges. What a shame you were not afforded the opportunity to share your compassion with your last spouse and instead have been forced to try to correct the system responsible for his demise.

As I mentioned before my POA has a short period of time left to respond to charges I filed against them with the OGC.

There was the illegal revocation of my POA and other charges that I put into a time line with exhibits to prove.

One charge was that the POA failed to present my initial Imos to the DRO although minutes before this confernce we discussed not only that he would do that ,we discussed considerable other evidence pertaining to my claim that the VA had ignored in a sameo sameo De novo review.

The conference was set up by the VSM because I asked her to CUE the sameo sameo so called de novo review.

The rep (due to screw up between this local POA and his office)took the IMO from my C file before the conference. He told me he was sure he would walk out of the conference with an award.

He also told me to send him as well as the local rep copies of everything I had ( that all has been destroyed- not "maintained" was how he put it)

I responded to the SSOC this conference produced that again failed to consider the Medical evidence and my IMos, attaching the Imos again to the response.Nothing I discussed with the vet rep nor my IMos or anything else was brought up-in a "lengthy" conference- I dont know what they talked about.The SSOC itself is my evidence that the rep failed to do what he was supposed to do.

Within days of receipt of that response however the VSM had a conference herself with someone from my POA (maybe this same rep)and they decided to use my response as a formal I-9 and immediately (I didnt find this out for 6 more months)started the transfer process to the BVA.

I had 60 days to file the formal I-9 and mailed it,a few weeks after sending the response to the SSOC, returning to find in my mailbox the odd letter about my SSOC response being used as my appeal.

I got a remand right away-

and had even discussed my I-9 with Ron Abrams, attorney for NVLSP and he was glad I had posted at hadit what he recommends putting on this important form. It is under the search feature.

He also -in another conversation -told me I took the right steps in getting the fast remand.He was so right there.My POA refused to help me with it or support it.They were shicvked when I got it and then filed a 4138 so it would look like they got it for me-one rep told people at the RO he himself got a client a fast remand meaning me.Not true at all.

Question

Isnt it highly unusual for the VA (the VSM and someone from my POA agreed to this)to accept a SSOC response as a formal I-9?

Particularly when the VA itself determines the time limit for an I-9?

I asked the VSM today to respond in writing telling me the regulation she used to do this.

I sent the BVA the I-9 myself and they remanded in a few weeks and I chalked this incident up at the time to one more bizarre thing that happened between my POA and the VA regarding my claim-

(such as within days after the remand a rep from NYSDVA told me he heard the VA was getting another VA opinion- the files were still in the mailroom and nothing from VA yet has indicated that in almost 2 years. The VA doesnt work that fast.They havent done a thing with my remanded claim at all- 2 years in September.)

I think those dopes thought they could revoke my POA because I had sent a SSOC response in -never considering that the formal I-9 was sent in within a few weeks of the SSOC decision.

And the rep who revoked didnt even know that someone (maybe him) had agreed to use the SSOC as the I-9 with the VSM.(documented from the VSM herself in a letter to me)

My I-9 was filed properly and on time.I have no concern about that (unless that was mysteriously removed from my C file-)

The POA just found out that I had checked my I-9 with Ron Abrams of NVLSP-and it complied fully with the regs as well as Ron's suggestions in the VBM.

Is there some reg I never heard of that would allow the VA to use something other than an I-9 for an appeal?

I felt if I had let that go as the VSM and rep agreed to-and had not filed the formal I-9-

the BVA could have legally said years down the road that the SSOC response was completely unacceptable as a formal appeal.

Has anyone here ever sent in evidence that was ignored in a SSOC only to find that-although they have plenty of time to file the I-9 on the decision-the VA tried to turn their response into the formal I-9?

The more I look into my situation -the more it appears that NYSDVA and the RO agreed to do what seems against proper established VA case law.

If I had not sent the BVA my I-9 myself to request the remand- I could have found myself with a denial at the BVA solely due to not sending in a formal I-9.

Any comments?

I have seen appeals rejected by the BVA because they were not in a specific I-9 format.

Or the I-9 was not timely.

Would any of you believe that this idea of the VSm and my POA would have been an acceotable I-9 to the BVA?

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I almost forgot this post-

the POA still has not responded to my charges - and I recently wrote to the VSM as to some answers to questions I put into my post.

"instead have been forced to try to correct the system responsible for his demise"

I intend to find out why the VA is failing to report their FTCA settlements to the NPDB.

Every week-since finding out they did not do this in my husband's case- I have taken steps to get further to the answer.

I have asked Dr. Kussman (VACO) and the OGC and other entities.

This might be the real reason the VA refuses to acknowledge my medical evidence.The FTCA settlement they made with me violated their own mandatory reporting laws.

More importantly-

without reporting FTCA doctors who cause VA settlements- the VA has insured these negligent doctors will continue to malpractice on veterans and possibly cause their death.

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Carlie- I will keep that in mind- and contact you privately if I need to on this-

The NPDB told me I could report the docs myself who malpracticed on Rod.

I would need to send them medical records to support that- at this point I dont want to hold up my claim by asking for a new copy of Rod's med recs-

and I know I dont have them all here-(actually I probably do have them but they have been used so many times for so many different reasons-they are in different files-I will gladly pay for a new copy-when my claim gets resolved.

A lawyer from VCS (the SF vets case) told me he was astonished that successful Sec 1151 claims dont have any reporting requirements.

And they dont-

Right there it shows VA can get away with anything.

I named a bunch of VA doctors on my SF 95 as "witnesses" to malpractice so they did know who they were.

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