1151 Or C&p Moving Forward ..

[Josh]

Joseph Hertr Hadit 2006a

Greetings fellow Hadit members,

Inactive for considerable time, I have been waiting for the VA´s reply to the 1151 filed and just received the note below from the VFW VSO “mailman” assigned. More information is now trickling down. I do not know if it is regarding the 1151 or a std C&P pension exam.

Anyway... I have not required a C and P physical exam for years as I was considered 100% permanent and total. All the time while carrying an ACTIVE misdiagnosed cerebral and spinal cord infection thought to be Chronic Progressive MS. That is of course while under their (VA Medical) care. After having been brought to Colombia by a gal I met on the internet , I was finally diagnosed correctly, treated with IV antibiotics and after getting physical therapy, was able to get up and move around again without the use of the wheelchair. I had spent more than two and 1/2 years in a nursing home where I was being hoisted to a bed with a "crane" and now am able to "putz" around again with a cane or walker once more. Though I am as I said able to move around slowly with great care and hand holds, there has been major physical damage.

With this exam, regardless of whether there has been significant improvement by comparison, could they really take away my 100% P&T pension?

This should be an interesting case as they really f´d up big time and were caught. I cannot file another Tort claim as the SOL time has passed and they denied any wrongdoing. I do not care about the tort claim at this point but only want to get the 1151 100% with a minimum of R1 SC.

Any advise?

ALSO since I am in Colombia, are they required to provide transport to the Embassy for an exam or is the individual (me) required to pay for the trip to the US to the point where the exam is scheduled. Also, since that gal who saved my life is now my wife and is my primary care giver and assistant at home, can I request that she be brought with me to assist?

Below is the note I received yesterday (01/06/2006).

Mr. Hert......

What is your current address and telephone number in Columbia as VA is trying to set you up for an official VA medical examination and all they have is your Florida mailing address? Failure to report for a VA medical examination can result in no change in current ratings to loss of monetary benefits until such time as you report for an official VA medical examination.

Forrest H…

VFW State Service Officer

[Guest Berta]

That letter seems weird-why would the SO mention loss of benefits-

I would certainly bring her too Josh-and get a copy of the C & P as soon as they have the results-

Wish you knew what claim it was for.

Edited January 7, 2006 by Berta

[Josh]

Hi Berta,

This SO has been behind my eightball every since he was assigned. MOre times than not he sends outdated, erroneous information completely without explanation as to what the information adresses or does not address. The only reason I have stayed with him is that I do not want to be lost in the shuffle. Being a US Veteran not living in the US is really hard to follow a claim as the 1-800 system does not work here. So as is usually the case, I get half answers.

I will find out more details and get back here as soon as I know more.

Josh

US Army 74-77

96H20

Edited January 7, 2006 by Josh

[Josh]

Hi Berta, Wings, T-Bird, and all the hadit regulars.

Just received another note from my VFW SO regarding his loss of benefits suggestion,,, This was his answer,

My reply to you was that I was advised by the Chief of appeals section here that your VA claim folders had been sent over to the VA Medical Center for an official VA examination for a medical opinion regarding your 1151 claim. I told the Chief of Appeals that you resided out of the U.S.A. and that if that was the reason your VA claim folders had been sent there that there was a good chance you would not be able to appear for the examination since it most likely would have been set up in St. Petersburg, Florida as you are using a Florida address for your mail. It was for that reason I asked for your current address and telephone number as the U.S. Embassy in your area would have to set this medical examination up for you. As for loss of monetary benefits, that is an option the VA has if a veteran does not report for an official VA medical which has been requested by a VA Regional Office. I was only alerting you to this fact to show you the urgent need for your current address and telephone number in order to make certain the VA Regional Office did not stop your benefits while they re-scheduled you for this medical examination (although I am uncertain why they are setting you up for such an examination as your 1151 claim is based on medical reports already of record unless it is to determine the current extent of disabilities your are claiming on your 1151 claim).

Josh

[Guest Berta]

"although I am uncertain why they are setting you up for such an examination as your 1151 claim is based on medical reports already of record unless it is to determine the current extent of disabilities your are claiming on your 1151 claim). "

Yes- he is absolutely correct on this point- I have been wondering about this myself-

Josh- if this is not the 1151 claim- I do not understand it either-

They would however- have to examine you for determination and proper rating of 1151 disabilities-

if this is the reason it seems very logical and hopeful as to your Sec. 1151 claim-

Can your SO ask the VA point blank (not by phone but by email -for hard copy evidence of their reply)

or you could via the Inquery section at the VA web site-

ask

what this C & P is actually for?????

Unfortunately if it is the 1151- I think they need to do this C & P unless somehow- an independent doctor could do the C & P -there- based on the VA's blank C & P forms- that could possibly be done-

if the VA agrees-

if there is a cost to you for that ,it could be less or more then the travel fee you need to spend-

Did VA offer to reimburse yur travel expenses if you need to come to the USA?

[Josh]

Yes Berta, It is regarding the 1151.

The question came up because an EVR is due.

Yes I will ask about travel expenses and I did give them my local phone number here.

I should think theywould call but it is an international 011type number.

Edited January 9, 2006 by Josh

[Josh]

This was my answer to the mail

Dear Mr Hill..,

Thank you for this clarification.

The Appeals Chief of the should also be aware there is a US Consulate´s Office in Baranquilla, Colombia which surely is closer than Bogota but do not know if they have medical staff.

Also you indicated " (although I am uncertain why they are setting you up for such an examination as your 1151 claim is based on medical reports already of record unless it is to determine the current extent of disabilities your are claiming on your 1151 claim)." You may be right as perhaps they are wondering to what degree the disibilities still exist after treatment. Make them aware that this infection went untreated since 1993. The damage was extreme and severe and covers areas not even considered if they want to be more specific. This is a 100% disability incuding legs, feet, arms, hands, bladder (including erectile non/disfunction) , bowel, ears, eyes, and associated CNS problems.

If they are wondering if I still need a hoist to lift me into a bed, the answer is , thank goodness, no. However, if they are wondering if the "extraordinary" recovery was complete... Absolutely not.... I wish...

I could and perhaps should reopen the Service Connection claim for back injury while in Fort Hood. Texas. I have held off on that solely because the 1151 with 100% with R1 SC would be a satisfactory resolution in my view. The doctors did not listen all those years to me telling them what the problem was and repeatedly failed to see the clear signs of improvement when antibiotics were given, and then, to my horror, were taken away. They knew I had found out the error and it was more convient to overlook the FACTS. If they had given me the antibiotics as far back as 1995, There would have been minimal damage and I would have been able to have a somewhat normal life. Sure, I would have sued Kaiser Permanente, and would have won hands down, but it was easier to overlook the obvious and not get involved at the time. Now, the VA is very involved and the Kaiser docs will got away with record alteration (I can prove that) and attempted murder.

Kaiser knew exactly what they were doing when they did it as did the VA doctors in Denver and Milwaukee. I made it very clear from the very begining when I "knew" there was more than likely a very grave error.

Amazed,

Joseph

PS. The reason I put knew in quotes is because I tried to file a tort claim if you will remember, and was told the SOL had run because I "knew" there was and error and did not file a claim. That is pretty hard to do when you cannot move and the doctors repeatedly ignore and avoid propper treatment and write nothing in support of your claim until I was able to get away and get treatment in 1999 having been brought to Colombia to get help.