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Berta - Can You Recheck This Thread


carlie
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Does it regard this Carlie:

"Berta,

I have a letter from DVA to my US Senator Bob Graham.

On one issue in this letter the DVA states,

"On October 30,2001, Ms. XXXXX was asked to complete an authorization for

Release of Information which would allow us to obtain her private medical records,

this development was specifically directed by the Decision Review Officer responsible

for her appeals. Ms. XXXXX refused to assist in the development of her appeal stating

we already had the information and she was not going to send it again.

Not only had I signed several ROI forms for this - BUT my C-file also already

contained the specific private treatment records that the DRO was requesting.

carlie "

Sounds like they spoilated here-

Carlie- what is status of that issue and did you send them a Consideration request for review of that claim under the October Incident Fast Letter?

It is same as -say VA gives us a prescription and then we take it over to pharmacy and then it never gets filled there and never comes in the mail and when we question them-

they say well you didnt go to pharmacy to make the pills yourself- what do you expect us to do-actually make them for you?

Their response letter to Senator Graham is as ridiculous as that would be.

I was thinking of filing Mandamus writ-

but then again mandamus mean you must tell the court you have exhausted all remedies for resolve.

I was going to tell the court that since I am not VA employee I hardly could go to the RO and be allowed to search all the desk drawers and the shredder bin for my stuff myself and also I am not a qualified English teacher and thus could not possibly be able to teach the illiterate RO employees how to read.

Therefore I have exhausted all remedies I have to get them to find my evidence and properly decide my claim.

That is what VA is saying to your Congressman-

how many tims do you have to send them what they already have?

funny they say YOU refused to assist when it is the VA who has the Duty to Assist.

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Berta,

Yes this was what I was wanting you to look at.

The disability issue involved in what may have been spoliated

is currently at AMC under BVA remand.

Do you think I should send a copy of this to the AMC

and state I feel the ROI's I signed were spoliated.

The reason I question what to do is that the letter from VA

to my Senator is dated 2002 and referrs to 2001 claim info.

The fast letter and spoliation didn't come up until Oct. 2008

so I thought there were timelimits to claim spoliation under.

carlie

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Yes-you are right- the fast letter states claims that evidence was lost in from APril 2007 I think to OCtber 2008-

but advocates are saying to disregard that statement-

The VA has been destroying evidence for many Octobers.

I forgot to tell the H VAC about the MF who is employed at Buffalo VARO-

MF -the mysterious force who doesnt destroy stuff-just removes it until the claim is denied and then puts it back in the c file.

I did raise issue of destruction of my evidence back in 1995-1996-1997 which I faxed to VACO in DC myself.I then won that claim immediately.( not really a claim-it was the FTCA case)

Then when VA got copy of the settlement papers ( the 1151 claim was a no brainer of course- they said they had no evidence and denied the 1151 again.

I called the GC and he called them right away.

They knew full well- the 1151 claim had to be awarded right away.

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