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What Is Happening With The 1151

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Josh

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Greetings fellow members of Hadit.

If we have not had the chance to share on Hadit you will have to excuse my negligence. Like you members who have been or who are going through the claims process, we all know the step backs and push off 's we get when trying to receive approvals on various levels of our clams.

While the story is rather long and complex I´d love just for a few moments share with you on how long I have been pushing their buttons and they mine. To briefly fill you in, I have been fighting with the Veterans Administration since 1995 when I found out a medical error was made and that knowledge nearly cost me my life.

The items below are communications made to a Veterans Affairs liaison who works through Senator Feingold´s Office

This is an edited copy of the letter sent today.

Originally this contact initiated an investigation when I wrote him and explained I had learned of a Medical Error that was being covered up by the VA Medical Staff. Not being a "licensed medical professional," the information was shined on by the VAOIG´s office and let go. A couple of years later after being in a nursing home the entire time, I met a girl on the Internet and she brought me to her country (Colombia) to get medical help. It turned out all that I had written to the Senator about the medical error was true and was immediately given 30 days of IV 4th generation antibiotics at 8 grams / day and was able to regain my feet after 5 years of not walking.

During the process, I caught them altering my medical records, minimizing all that was said, having them basically call me a flaming idiot. Sounds truly unbelievable but to even have the State of Wisconsin have listed me as having died was when I had to get away (This document is included). . As it turned out a great gal came to my rescue and now we are married.

Although I am currently receiving 100% pension with A&A and have been since 1993, but that is was not enough. I filed a 1151 claim in 1999 which somehow was dropped for reasons unknown. I had to refile again from scratch in 2003. Hopefully we are getting close to some type of decision but I had to send this in just so those of you who may think this is an easy process, Forget it.

However, if you know what you say in your claim is all true, never give up.

For me it is WIN or die in the process of trying,

Joseph

Joseph Hertrich

Cartagena, Colombia

011-575-xxx-xxxx

Mr. M N

Office of Senator Feingold

Greetings Mr N

Joseph Hertrich here in South America wishing to inform you of the latest I

have heard.

Basically, nothing has been sent except for the Standard EVR (Eligibility

Report Verification) which has nothing to do with the 1151 claim.

Since that claim was filed, my wife has been diagnosed with cancer is

undergoing chemotherapy treatment. Here I am with the woman who has save my

life in the past bringing me to her country to save my life and I can do

almost nothing. How is this possible that such a well formed claim can be

seemingly dropped from sight? Hmmmm what to say.

Please, could you have the check with your contact in Washington DC ( Stuart

Weiner) to see what is known about the progress?

J Hertrich

VAFN:

----- Original Message -----

From:

To: <

Sent: Monday, October 03, 2005 1:40 PM

Subject: FW: Regarding Congressional investigative progress.

Here's the update I received from my contact at the VA:

VARO Houston advises that the folder was sent for a medical opinion on

or about 9/1/05. Anticipate receipt of report about 45 days from

request. The report will be consolidated into vet's folder and returned

to the Decision Review Officer (DRO).

As you know, the DRO can grant the benefit sought, or uphold the

previous denial. If it remains denied, the VARO will issue a

Supplemental Statement of the Case; allow the vet 60 days to respond;

then place it on the docket for review by BVA in Washington.

I hope this is helpful.

Stuart Weiner

Dept. of Veterans Affairs

Congressional Liaison Service

Edited by Josh
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Joe- do you have a copy of the C & P report referred to in the last letter?

Hi Berta,

I am not sure which report you are referring to as there has been no C & P exam recently.

There was a question recently about whether I would to have the exam, however nothing was requested. There was a question as to whether there could be an exam scheduled at the US Embassy or a consolates office but nothing was scheduled by them. So, in short, Iam in the holding pattern once more until a decision is made regarding the 1151 Claim.. so it would seem

Edited by Josh
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Wish you the best of luck and pray for a good recovery for your wife.

Thank you Peter... We need all the power we can muster to get through this next phase.

Joseph

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