Finally Va Has Acknowledged

[Berta]

Yesterday I received BVA decision to formally remand my claim- the initial informal remand for additional development was 2 years ago-and although the VARO said this was with a DRO again- for 3rd time-

this is the order from the BVA to get off the pot.

I was thrilled- this is the FIRST time the VA has referred specifically to 3 IMOs I have-regarding the right claim- my AO death claim-

the BVA said my assessment to have the claim remanded was correct and they also stated:

"The evidende is neither cummulative nor redundant of the evidence already of record. The evidence is material in that it addresses the unestablished fact of a nexus between service or a service related disease and the cardiovascular disease, which all acknowledge lead directly to the veteran's death."

BUT they want another VA IMO- the last one was deficient.

I am getting another IMO myself- just in case.

And also raising Mariano again-

I am happy that finally after all these years the BVA has proven to me they can READ-which I already knew- and they named both the IMO doctors-in initials whoich means they gave credence to the freebee I got from a former VA doctor.

The decision mentions the extraordinary circumstances I went thru (that are in my OGC complaint)in 2005 in parsed words-

I wonder if they got the OGC complaint yet-they need it regarding my other matter before the BVA-

the motion from my POA to dump me-

Maybe I sound nuts that all I got was a validation of my IMOs.

But after all these years, this was certainly a Big step towards a final resolve.

It also makes the rep look VERY bad-as he never presented the IMos that day to the DRO and told me he did-(in 2005)

their former director even stated to me (along with other POA lackys) in email-and I used it as evidence for the GC-

that VA medical people had reviewed my IMOs- it was a LIE and this BVA decision is more proof of that lie!

The BVA not only had the SSOC but also something else in the file that indicated the DRO didnt have the initial 2 IMOs or that they were even discussed with my POA rep-as he said they were and that the DRO had---- well this part is too unbelievable for words- but I told the IG what he said she said -----

I have been given opportunity to send in even more evidence and will do that-I still have plenty more-

and am quite willing to be patient as I wait for my husband to get Peace with Honor-I dont care if they fight over the retro.

[carlie]

Berta,

Yea --- FINALLY some progress in the right direction !

carlie

[Berta]

Carlie- I am glad over this second remand but FURIOUS with what my POA did-

The BVA saw what went wrong-

I am calling the GC today and sending them part of this BVA decision-it supports my complaint against reps employed by New York State Division of Veterans Affairs-

And I am telling the House Committee on Veterans Affairs-already told one Congressman a little about this-

Internal notes the BVA had access to show that the DRO apparently had no knowledge whatsoever of my IMos- and the BVA noted I had sent them to the RO many times.

Somebody is going to pay for lying to the widow of a combat vet-not only regarding my claim but also regarding the FTCA settlement.

I might take some time off here to deal with all of this-

I sure didnt go to a war school for nothing-and have developed a war plan of action that will ultimately help other vets and widows who have been crapped on this way -by VA or by their POA- or in my case- by Both.Documented!

[cowgirl]

Berta, sure glad you didnt give up the BVA reading your case thouroughly. Someday they'll catch up with the Jetsons, computer/computer video contact at your convienence at your home between claimant and member of the board, that'd be something!! Each military widow(er) should be respected above all. Have a piece of apple pie and recharge your super self!

Best to ya,

cg

p.s. heard of TAPS, military widows group?

Internal notes the BVA had access to show that the DRO apparently had no knowledge whatsoever of my IMos- and the BVA noted I had sent them to the RO many times.

[Pete53]

Good Luck I think that you have turned the corner.

[Berta]

Yeah- Pete- this decision gave me more work- I am sending some of it to the OGC to add further proof of my POA screw up and it appears that the BVA totally disregarded the VA med opinion as it was completley deficient.Dr. BAsh knocked it down anyhow-

They ordered VA to get another medical opinion- but I am getting another one too!! Just in case!

That will total 4 for me and -I anticipate but could be wrong- the VA will provide another crappy opinion.

In 1997 after a long battle the VA Chief of Cardiology DID provide an opinion that supported my FTCA and Sec 1151 claim-and a former VA opining doc I knocked down myself in 1996 and 1997-also agreed 2 years ago with me on my present claim.

I am going to see my lawyer again to see if I have a cause of action against State of NY to recover the additional expenses of these medical opinions.

[Angela]

Berta,

This news is so great!

Stick to your "war plan" and keep us updated on how everything goes.

You give us all something that's in very short supply dealing with the VA ... hope