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Berta: I Keep Thinking Their Behavior In You Claim Is Criminal


Guest Jim S.

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Berta: I know this is just repeticious of what you are talking about, but I just cannot see how your VARO or BVA did not consider the following, knowing that they had the evidence which was in your favor and failed to take it into concideration and not bring this evidence to the attention of their Dr. providing a IMO of your claim. It appears to be an intentional act and theirby criminal neglagence on their part.

[The Board must base its decisions on "all evidence and material of record," 38 U.S.C. ù 7104(a), and must provide a "written statement of [ its] findings and conclusions, and the reasons or bases for those findings and conclusions, on all material issues of fact and law presented on the record," 38 U.S.C. ù 7104(d)(1). See Douglas v. Derwinski, 2 Vet.App. 435, 438-39 (1992) (en banc), vacating in part on other grounds, 2 Vet.App. 103 ( 1992); Gilbert, 1 Vet.App. at 56-57. Pursuant to these statutory requirements, the Board must "account for the evidence which it finds to be persuasive or unpersuasive," and provide reasons or bases for rejecting evidence submitted by or on behalf of the claimant. Gilbert, 1 Vet.App. at 57.]

I keep thinking about the Veteran who was diagnosed as being Paranoid, but just because you think people are out to get you, doesn't necessarily mean they aren't. As I have stated before, as more and more people become de-sensatized to violence as a way of resolving problems, the VA had better take notice that the odds are running out on them, when someone decides to make those at the VA suffer for what the Veteran may proceive as a deliberate act to injure them and/or their fainily.

I found this tidbit while researching for claims at COVA dealing with failure to give reason and basis for their decision. Their were about as many remands as their were affirms, in the cases I read.

Jim S. B)

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Jim-thank you- by the way- I apologize to you- I think I gave you a very nasty reply last week-I am sorry- I do get angry at dejavu stuff.It is the VA I am angry with, not anyone here-

you have a very good way of assessing what a veteran needs and you have given very good advise here -

I went through this for 4 years in the past-it is exactly the same crap they pulled on me then but I have more interesting ways to deal with it now-

They have violated basic claimants regulations numerous times,in my case and I know they have done it to many other vets too-

I told the Inspector General-

Since complainingto IG I got an interesting letter under FOIA reply today. Berta

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Berta: I'm not sure what you mean by a nasty reply, When and as to what question you may have left it exscapes me also. I vary seldom get upset at what anyone may say about myself or my claim. I try to see if their answer contains some constructive criticism in their reply. If I proceive it as haveing none, I usually ignore it, I guess my skin is getting thicker, it takes a while for my feathers to be ruffled.

You could also be mixing me up with someone else, since I view your answers as both informative and although it may differ with mine at times, give me a different look at how to approach my claim. I's sure if you had upset me to the point, that I would take offence, you would have gotten back a lively reply to debate the reasoning behind your so called, "nasty reply". Even if you had sent such a reply, their certainly had to be something to learn from it.

Besides: my memory isn't that good these days, I probably forgot about it, by the time I got around to answer it. LoL

Failing once to consider the evidence may be an accidental oversight, forgeting to do it a second time, is close to neglagence. A third time, and having been advised of the evidence to consider, becomes a question of not only neglagence, but as whether or not it was a deliberate act by someone or a conspericy with others to keep the evidence hidden from review. This is tantamount to a criminal act and should some how be addressed so that it doesn't happen to others.

Just my view on their repeated refusal to address evidence probative to your claim.

Jim S. B)

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Berta: I'm not sure what you mean by a nasty reply, When and as to what question you may have left it exscapes me also. I vary seldom get upset at what anyone may say about myself or my claim. I try to see if their answer contains some constructive criticism in their reply. If I proceive it as haveing none, I usually ignore it, I guess my skin is getting thicker, it takes a while for my feathers to be ruffled.

You could also be mixing me up with someone else, since I view your answers as both informative and although it may differ with mine at times, give me a different look at how to approach my claim. I's sure if you had upset me to the point, that I would take offence, you would have gotten back a lively reply to debate the reasoning behind your so called, "nasty reply". Even if you had sent such a reply, their certainly had to be something to learn from it.

Besides: my memory isn't that good these days, I probably forgot about it, by the time I got around to answer it. LoL

Failing once to consider the evidence may be an accidental oversight, forgeting to do it a second time, is close to neglagence. A third time, and having been advised of the evidence to consider, becomes a question of not only neglagence, but as whether or not it was a deliberate act by someone or a conspericy with others to keep the evidence hidden from review. This is tantamount to a criminal act and should some how be addressed so that it doesn't happen to others.

Just my view on their repeated refusal to address evidence probative to your claim.

Jim S. B)

Judging from the junk that I have in my c-file,

they sometimes take it personally when we get pissed about their illegal behavior and file an NOD.

I'm obviously not a POLITICIAN or a lawyer.

My medical conditions frequently leave me with a short fuse.

The people at the RO have jobs and an income, I did not have either.

My claims are meritorious and were eventually granted in 2002 outside of the RO using nothing more than a continuous trail of medical evidence that started in 1970.

They screw-up our claims process because they can and they WANT TO.

Please prove me wrong.

sledge

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"I Keep Thinking Their Behavior In You Claim Is Criminal---"

The fact is I am starting to see how their medical treatment of my dead husband was Criminal---

A cover up definitely occurred when he was transported from one VAMC to another one- this VAMC had higher caliber doctors-they didnt all speak English but they did know their stuff-

it had to be evident (and I found positive proof of that last night)

that they immediately knew they had a PT who another VA had screwed up already.

The veteran's discharge certificate-had a Neuro appt set for 8 months from discharge and the meds were not consistent at all with a catastrophic illness nor for a vet with substantial heart disease-

The VA Cardiologist clearly told me that "nothing" was wrong with Rod's heart-but I proved to the VA OGC that his heart disease was substantial enough to contribute to his death- and 6 years prior to death his VA med recs revealed this-(they knew it)

I recently asked the IG point blank what the VA did to properly report his death and what led up to it-

I think now they just paid me off and never reported it the way the should have as within M21-1 and other directives.

Years ago I was so ticked with the way they were handling my wrongful death claim I sent a claim directly to Jesse Brown accusing the VA of murder-

of course he was never around long enough to reply- he was our world traveling VA Secretary-

Once his sec at the VA in Wash told me he was in Europe on a trip- I asked what the heck does Europe have to do with the VA?

Sorry for griping- I have looked over these med recs dozens and dozens of times-

funny thing- I still get surprises from them-

I sure hope no other vet ends up dead due to VA care-

but I know others have died because of VA med care. That is a national disgrace as well as the so called

unarbitrary claims system.

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Berta

When you wrote "accusing the VA of murderÇ" in your post, I could only think of what happened in my case. I need to share with you that information but feel strange posting it here as an acusation of murder is very serious. I fell the same way and given I actually know and have proof that records were altered. They knew and wer doing as much as possible to cover it up.

I should send you PVT email a scan of the proof and story I have. It came from Kaiser Permanente but the VA doctors in Denver were "great freinds" with the VA Providers and in many cases were part of the Medical School staff that is directly next to the Denver VA. Doctors work very tightly behind the Laboratory Doors that I can assure you. Ther elines of communication are verytight when there is need to cover their butts.

Josh

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Berta,

I and you go back a way, and I know your situation. The friggin VA has been malicious, criminally incompetent, and intentionally obtuse during the whole process. Stick with it girl...we are here, and a lot of us support you.

Bob Smith

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Thanks Bob- if I had not been persistent for over three years- the VA would have gotten away with causing Rod's death. But they didnt and they paid for it. That is all they could do.

My kid -while home on leave- insisted I file the DMII claim-this was 2002-I didnt see the connection-

then - it took me months to pull out the med recs-and I read all I could on DMII- it was right there- numerous entries and chem reports etc-DMII- I knew before I even contacted Dr. BAsh, what his diagnosis would be.

My daughter felt that, unlike my last claims (all denied at first-Chap 35,CHAMPVA, the veteran's accrued etc-)yet all succeeded anyhow- that this claim would not involve the work or the stress of the other claims regarding his death-

little does she know- the VA continues to ignore my evidence and manipulate it.

That's OK-I am so used to the tactics they used to get out of my wrongful death claim-

even failing to send the VA GC and VACO the most pertinent evidence they needed (good thing I called Washington DC a lot- the VA lawyer and even the Medical Team)otherwise I would have never known this-

that I am working on my War Plan number #2-

and the VA will cave in under the weight of my undebatable and extensive medical evidence.

If you remember me and Rod from Prodigy Vets BBS - you sure know the battlefield he was on with VA in his lifetime.

It took them 6 years to award his 100% PTSD. Since he was already dead he didnt see one penny of it-

Dead due to VA health care-

If I have reached one single vet or spouse ,by bringing up his VA caused death here so often,who has begun to really assess their VA medical care, their Blood chem, and their meds, and finds it is not what it should be- then he never died in vain.

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