Got Another Ludicrous And Illegal Ssoc

[Guest Berta]

I can get around the SSOC-I am not too concerned about it-BUT again they failed to address the evidence-never even mentioned my IMOs---it was ridiculous- (like many SOCs I got in the 1990s)

Now I intend to do all I can to get these VAROs changed- I want Buffalo top of the list- of course-because I have so much evidence that shows they are not doing their job-told them that too-

I emailed them that they will get my NOD but I am sending both of the SOCs I got to the Veterans Disability Commission- they said the VAROs need more oversight? they sure do-I will tell them plenty-

I promise I will do all I can to get these VAROs to at least read and consider our evidence-especially if it cost us 2,000 bucks like my IMO did-they have it yet they have NEVER even mentioned it-

Also I am seeing how I can complain to the IG too-

My BABY Girl is on her way home!!!!!! I am thrilled and have been cooking all day!!!!!

Will be busy for next few days- haven't seen her in over a year-

I hope you all have a Wonderful Holiday------I sure can put my claim down for a while -my veteran daughter will be here!

Vets many times- in the past when I got lousy VA decisions- she would just say- Mom-I just know you can pull this off- her faith and belief in me is overwhelming and , the fact that she is a vet too, makes me realise that-

this VARO crapola has GOT to stop-for all of you and for our new and future vets.

I wished the VARO Director a Merry Christmas too- and then told her I will do all I can to stop the illegal practices of VAROs violating our most basic rights.

They are a disgraceful entity that our taxpayers (to include our men and women in Harm's way who pay taxes too!) have to support.

(I think I was born to fight the Veterans Administration- I hate it and I LOVE it!))

[Guest Berta]

The VA expert's IMO is easy to knock down-

My problem here is that I have two IMOs supporting my claim-

one from Dr. Bash-whose Neuro Radiological expertise is what I needed for the MRI interpretation-which was one significant medical factor-among others- he used to support my claim

(plus he had all med recs and prior SOCs etc) and the proof from VA that they had misdiagnosed past conditions by virtue of "indefensable" and "substandard" medical car during a 6 year period.

The other opinion was from a VA treating physician on 1992-which highlighted a medical error that had been made during that treatment period.He has since then established private practice in California.

My opinions are Dynamite! BUT

The VA has never acknowleged them to me but told my vet rep they would be given to the IMO doctor-

But they weren't-

Because their "expert" IMO doctor cannot knock them down-

I presented to the VARO by email the same arguement that got me the SSOC-

Their SOC was all wrong-

I am still in Relative Equipoise-

yet they stated that I had not provided any evidence at all to balance the scales-

Not only does my evidence include the two IMOS but all of the medical information from VA records and SOCs etc- that I prepared -which caused me to succeed under FTCA and Sec 1151 in 1997.

I didnt get dumber-I got smarter-

Not a single piece of my evidence - 17-18 submissions to date has been acknowledged by the VA- except one- The IMO doctor misinterpreted a medical symbol and stated it does not mean what I think-

However I used medical journals to see what it meant.

Men and women this is similiar to what I went through before with this VARO.

I had to file an Administrative Review with VACO in Washington to find a VA employee would knew how to read.

That worked.

However- I fail to see why -since filing that review, the Buffalo VARO- in the past 8 years since that -still

employs illiterates or people who simply will not do their jobs.

The VAOIG- if you file a complaint with them they have a specfic jurisdiction-

complaining about a VARO claims process is not within that jurisdiction-

you have to shape the complaint in a different way-

which I certainly intend to do-

I am not worried at all about the probative value of my claim and the evidence I have.

The IMO they quoted might well have been manipulated- I have had experience with that VA tactic before.

The IMO clearly states that Rod's exposure to Agent Orange was a risk factor for Diabetes.

But the IMO failed to understand that all of the veteran's glucose readings were from a veteran who had been in fasting mode for -not 12 hours for normal FGT test- but for 439 hours.

The IMO doctor used a few chem reports and failed to consider ALL of the medical evidence-which I had made easy for the VA to use.

My two IMos-still outweigh this VA IMO-

The VA has them but I can tell they never gave them to the VA doctor-

and believe they can continue to ignore them. Because they cannot knock them down.

Men and women - my husband's autopsy was hidden from the VA IMO doc in 1997- forcing him to prepare a ludicrous SOC and SSOC at that time.

The Buffalo VARO kept 'losing " the autopsy and then failed to send my additional copies of it to the VA Central Office whose medical team reviewed my claim.

The Chief Cardiologist of the VA Central Office was astonsihed when I called her in Wash DC - after I got another SSOC (I got about 4 I think )quoting her expert opinion-I point blank questioned her medical expertise when the autopsy revealed the substance of my claim and charges under FTCA-

She took a long pause and then said- "What autopsy!" She was Astonished that this had been withheld from them by the Buffalo VARO.

The VA again had failed to send it-

I faxed it to her and the entire team reversed- because it was the clear and unmistakable proof of my claims. It helped them to properly assess the whole thing. The VARO here had told them that no autopsy had been done.

I had sent them 6-7 copies of it-they managed to 'lose' them all yet they were in my c file-

For some reason the VA has again caused me to be almost 3 years into a claim yet still has failed to consider my evidence-de javu-

It could take an AR review again but I certainly have others ways to deal with it-and I fully intend to succeed!

They are skimming over claims at the Buffalo VARO- not even reading them well and failing to address the evidence-then they fill out their time chart thing- as to how many claims they finished that day-

the chart does not have an area where they account for how many claims they screwed up that day (or maybe it actually does and they get some personnel award)

They prepare reports for the VACO and can support the fact that they are mass -producing claim decisions.

Whether these are accurate decisions are not seems besides the point.

This is what our taxpayers -to include men and women in Harms way for the US of A pay for-

Since the VA OIG report indicated months back that "internet" sites were being accessed- since another vet site has recently posted numbers of all of the VA PCs that have been used to access his information on VA claims,etc- and since the VARO employees are not spending proper time on their claims so they might be playing around on the vets internets sites too- I state here that this is the basis of my VA OIG complaint-to you- Buffalo VARO-as mentioned in my recent VBA email to you-

you are wasting the taxpayers money and I will shape my complaint to fit into specifics of their (VAOIG) jurisdiction.I believe that my husband's death- although I settled with the VA- should have been reported to two other federal entities- as normal SOP- yet it wasn't.

The fact that his care was so lousy that it would have been "undefensable" in a federal court-seems to me

that the VA couldn't wait to write the check and buy me off.

Yet - the VA has to account to a higher authority for wrongful deaths-

and they never have in Rod's case-the Visn network director here in NY long ago told me he should have been made fully aware of Rod's death by the VA- as errors had occurred in a VAMC within his Visn-but he was never told. I let that go-then-

Now I do believe I can prepare quite an attention- getting complaint to the VAOIG.

Berta

Edited December 24, 2005 by Berta

[john999]

Berta

Just keep after them! I wonder how many vets or spouses would have the determination and knowledge to pursue such a claim. No wonder the VA gets away with murder! Ignoring evidence is the VA's strong suite.

[Swan]

Dear Berta.

The VA in there mind only may have changed the issue on you. Let me share what they did in the 90's to me and warn you about this littel VA trick.

I requested review under VA regs 5.04 correction of deficancys because there rulings did not match the record.

Well the VA changed my request for review and called it a reopen. THe VA than demanded new and material evidence to re open. I would ask reopen what. I just want to correct false Dr Reports and errors in my medical records.

The VA never once acknowleged that I was requesting a review to correct defficancys. THey saw the issue as one of new and materal evidence upon which until I was before the court where the VA for the first time used the word corriection of deficancys and stated the issue before the court was one of new and material eveidence for parnoid schozophrenia. I tried to argue that to correct defecancys I have to show what medical records are in error not bring in new records the VA never seen and have them correct those. That argument was illogical.

The Court of Veterans claims ruled. MY request to correct defeciancys was just another attempt to obtain VA compensation by other means.

IT seems like the court was saying. IF I were to correct the deficancys in my medical records. I could than be granted SC on the truthful information. Therefore my request to correct defceancys is denied because a correct record may grant my claim.

its these kind of silly rulings that allow the VA and court to disobey any law they dont like or vet they dont want to have comp.

Berta. I would strongly suggest to stop waisting your time with the RO. THey are delibertly baiting you over and over again. The RO sees this as a great chance to wear you out and stall your claim. The biggest threat you have against the RO is to go over there heads.

This refusal to read your IMO or comment on them is bad faith claims pratices and was so common in the civilan insurance industry that every state pass laws prohibiting that. Now if these people are acting in bad faith. What makes you think your trying to force them to read and rule on issues they have in bad faith refused to read and rule on so far. Is going to changed. Even if you could time the RO up and use duck tape to hold open there eyes while your held a copy up to there eyes and read it to them. What makes you thing they are going to rule any differnt. They knwo what you got. The are delibertly ignoring you and brushing you off.

I wish you the best of luck. MERRY CHIRSTMASS AND GOD BLESS YOU FOR ALL THE HELP AND SUPPPORT YOU GIVEN ME AND OTHER VETS HERE.

TERRY HIGGINS

Berta you are a blessing in disguise and I thank you from the bottom of my heart for continuing to fight for us veterans. At least you know that freedom is not free. The Veterans Administration knows this as well, they just don't want to give us what we rightfully deserve! Keep up the excellent work and I hope you put an end to all the VA B&%S#@* and get what you deserve as well! Like Terry Higgins stated in his post, we are thankful for the support you have given to all the vets here in this forum and abroad.

Merry Christmas to you and yours!

Swan

B)

[Swan]

Dear Berta.

The VA in there mind only may have changed the issue on you. Let me share what they did in the 90's to me and warn you about this littel VA trick.

I requested review under VA regs 5.04 correction of deficancys because there rulings did not match the record.

Well the VA changed my request for review and called it a reopen. THe VA than demanded new and material evidence to re open. I would ask reopen what. I just want to correct false Dr Reports and errors in my medical records.

The VA never once acknowleged that I was requesting a review to correct defficancys. THey saw the issue as one of new and materal evidence upon which until I was before the court where the VA for the first time used the word corriection of deficancys and stated the issue before the court was one of new and material eveidence for parnoid schozophrenia. I tried to argue that to correct defecancys I have to show what medical records are in error not bring in new records the VA never seen and have them correct those. That argument was illogical.

The Court of Veterans claims ruled. MY request to correct defeciancys was just another attempt to obtain VA compensation by other means.

IT seems like the court was saying. IF I were to correct the deficancys in my medical records. I could than be granted SC on the truthful information. Therefore my request to correct defceancys is denied because a correct record may grant my claim.

its these kind of silly rulings that allow the VA and court to disobey any law they dont like or vet they dont want to have comp.

Berta. I would strongly suggest to stop waisting your time with the RO. THey are delibertly baiting you over and over again. The RO sees this as a great chance to wear you out and stall your claim. The biggest threat you have against the RO is to go over there heads.

This refusal to read your IMO or comment on them is bad faith claims pratices and was so common in the civilan insurance industry that every state pass laws prohibiting that. Now if these people are acting in bad faith. What makes you think your trying to force them to read and rule on issues they have in bad faith refused to read and rule on so far. Is going to changed. Even if you could time the RO up and use duck tape to hold open there eyes while your held a copy up to there eyes and read it to them. What makes you thing they are going to rule any differnt. They knwo what you got. The are delibertly ignoring you and brushing you off.

I wish you the best of luck. MERRY CHIRSTMASS AND GOD BLESS YOU FOR ALL THE HELP AND SUPPPORT YOU GIVEN ME AND OTHER VETS HERE.

TERRY HIGGINS

Berta you are a blessing in disguise and I thank you from the bottom of my heart for continuing to fight for us veterans. At least you know that freedom is not free. The Veterans Administration knows this as well, they just don't want to give us what we rightfully deserve! Keep up the excellent work and I hope you put an end to all the VA B&%S#@* and get what you deserve as well! Like Terry Higgins stated in his post, we are thankful for the support you have given to all the vets here in this forum and abroad.

Merry Christmas to you and yours!

Swan

B)

[Guest Berta]

Thank you all-

I fully intend to do all I can to get our evidence handled better-at VAROs-

they force many of us into getting an Independent medical opinion- which can cost us thousands- then fail to even acknowledge it-

in my case I wasnt forced into it- just the fact that they had already misdiagnosed Rod so much-I felt I needed something from a real doctor - it will still help- as they have not even read it yet- but yet it is there- my vet rep checked-

I have already emailed th VA OIG- about a different matter -which has been on my mind for years-asking where I should request the info I need from-(might open a bag of worms)

and told them I will attempt to gain their attention and jurisdiction within a complaint against these VAROs.

I got an email tip from an email vet- on something he is doing also- to call these VAROs accountable.

I have never griped to the press or even to the Congressman and State Senators that looked into my older claims about their actual resolve- wrongful death of the veteran at VA hands- they never knew how that all turned out-

So I think maybe -as a widow due to these unusual circumstances- they all might willingly want to hear me out about the way you men and women are treated by the VAROs-

The claims process is a true disgrace-and bound to add to stress levels and financial difficulties of deserving vets-

George Washington must be spinning in his grave-

He stated that the assurance of our future military is directly dependent on the way we Americans treat our veterans.

Problem is- only a limited segment of our population really seems to give a damn about veterans.

Disgraceful. Berta

Edited December 26, 2005 by Berta

[SLEDGE]

A complaint against the VA?

Imagine that.

My lawyer called the St Louis RO 'consistently incompetent' in the last NOD.

Congress, in general, does not give a damn.

We can't legally touch the actual people who screw us out of our earned benefits.

To those who support the contention that the VBA does not make mistakes on purpose,

GET A LIFE DUMMIES.

Berta, you go girl!

The new information systems, like the net, are giving us all the opportunity to gang up on the jerks.

I have personally paid for several expert opinions, six come to mind, that the RO has never seen fit to acknowledge.

They have recognized one as written by the DOCTOR.

They have changed four to suit their illegal denials..

I have had one valid C&P examination, July, 1974.

Correction, make it two.

My second trip to their witch hunter, Oct., 2002, included my c-file and his opinion was reversed to reflect my current diagnosis and service connection.

I had shot down his first opinion.

Even though the VA system is legally stacked against us we cannot afford to back down and let the jerks win by default.

I've learned a little from their BS and others are benefiting from the knowledge learned as the result of my VA difficulties.

My unpleasant VA experiences have resulted in my helping several other vets to get their benefits.

That's how I fight back and get them back.

I'll win my claim for retro some day.

sledge