Any Thoughts On This Odd

[Berta]

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 June 25, 2008 by Berta

[Berta]

PS Carlie- I asked the Chairman of the H VAC to look into this also-by mail-

I will be talking to him again in a few weeks-(Congressman Filner)

Even a big malractice lawyer on the net told me he is sure they arent reporting to NPDB as they should be.

It is as bad in my opinion as being unable to report proper suicide stats of veterans.

[halos2]

Carlie can you explain this?

Berta,

My FTC settlement also WAS NOT reported to NPDB.

carlie

[Berta]

Thanks Jim- that link involves what any hospital should do with a situation of proven malpractice.

The VA's specific mandatory requirements for NPDB reporting are found here:

http://66.102.9.104/search?q=cache:xDDvQKb...us&ie=UTF-8

I guess the VA thinks as long as they pay us off for malpractice, that is the end of their responsibility but that is when their actual responsibilities begin-

I wonder how many VA doctors should have been reported to the NPDB by VA all these years since this requirement came into play-but never were-

and how many continued to be negligent with veterans.

I am waiting for another FOIA response from VA-that will be interesting-

it angers me to think that my husband still does not have Peace with Honor in his death (the purpose of my present AO claim-they can argue over the $ all they want with me- I want the final proper diagnosis of his death)

and yet even when that is resolved properly-this issue must be resolved too.

I was fed some BS during the negotiations as to how the doctors would be disciplined.It was a lie.