Update On

[Berta]

I received another letter from Congressman Filner.

The VA's response from the AMC to my charges that they destroyed my evidence was

1.a copy of their February decision (which was great because -men and women I spent hours yesterday looking for it! I had a problem with my printer at the same time and have additional evidence to try to get to VA tomorrow-as well as copies of med recs to IMO doctor-and

I try to keep meticulous labeled files for all of my VA crapola- and advise to do that here all the time-but you know how it goes-

it is easy to mis -file stuff.

Then again I was so perturbed by the printer problem that I forgot what I was also looking for (the February VA Decision)however I continued to search relentlessly for what I forgot I was looking for -- ----why waste time.

Then the miracle occurred-in the midst of a fast moving squall with hailstones I went to my mailbox down at the road and got what I was looking for via Congressional Intervention! copy of the same decision. Ha Ha.

2. the Good part- attached to the decision was copy of email from me to H VAC and copy of response to Sub Comm liason, and to the VA liason person-

interesting-I have not been formally contacted on this at all by the VA.

"Please invite her to submit for the record (record being the H VAC) and forward her claim to VA as a lost/destroyed file inquiry."

The bad part is I have to make ANOTHER copy of this extensive evidence -working on my formal VA FAst Letter request as it is-a STACK of stuff they destroyed.

The good part- the H VAC will get it for the record and maybe give this some impetus.

At least I dont think the H VAC will lose either the request or all of the evidence.

This opened another bag of worms. I have been in contact with Congressman Filner by mail and spoke to him personally on other VA issues- that were not my claim situation.

The recent actual C & P exam results I got- where the C & P guy -a PA -didnt even come close to my knowledge of cardiology- is prime facie evidence of how piss poor these exams are-

exams that control the futures of disabled vets and their families.

I still have the VA exams I knocked down in the 1990s and apparently the BVA (by totally disregarding the initial VA opinion for my claim) saw how both Dr. BAsh and I knocked that one down to the curb.

You all DESERVE BETTER than having a C & P done by a PA or nurse who do not have MD next to their name and cannot possibly have the experience needed to opine on most claims.

I will respond and make this point as strongly as I can to Congressman FIlner.

Having anyone opining on a claim -who is also paid by VA or via a VA contract-is a total conflict of intrerest and this has got to stop.

The fact that veterans and widows DO succeed in combatting lousy C & P exams proves the point.If these VA medical 'examiner' people were legit in their opinions we could NEVER overcome their opinions.

The reality is that we often do.and sometimes even without an IMO.

The VA should refund our IMO money if we succeed.

If we ourselves are forced to obtain a real doctor- at an expense-to us to succeed in getting someone proficient enough to adequately medically opine-

either VA has to start providing real docs to us or pay for us to get them.

My medical evidence still remains unread by the VA, as their decision reveals under Evidence section.

Edited April 5, 2009 by Berta

[Capt.]

Hello Berta, I am sorry to hear that once again the VA has to put it to you to bring forth that which you have already done once. Does this mean that we as Veterans have to make 3 copies of everything we send and keep 2 back??? Believe it or not I make at least 6 copies of every document I produce or receive and I put them in File Cab , safe, and huge 3 ring notebooks. Why ,,,,because of horror stories like yours and others. It continues to amaze me the patience of Cong Filner and Committee. Might be a good subject to to discuss with him. Why is it that it is always on the back of the Veteran to have to supply them extra copies.....they are not free. Your paper and ink cost alot , especially when dealing with claims as huge as yours or mine. Especially since they destroyed , shredded ,,,,lost your evidence. Berta you follow the CFRs and VCAA(when you get them) and all SSOC and why can't they? Is safeguarding our records still an issue....I thought they already went thru this with Nicholson and Peake? Is it because the same ol guard is still working at VARO or AMC and nothing really has changed? At least not that I can tell from you and some others. I hope that Cong Filner listens to you for advice and this whole C and P thing is resolved one day. I could not agree more about the Vet having to use private doctors for IMO's since VA doctors ,,,,sometimes will not or do not want to get involved with the diagnosis or nexus part of their Job. Or as most cases , already either unqualified to or they have been instructed not to by higher ups. It is as you say so ridiculous to have a nurse practioneer or PA decide if your really sick or injured and the extent. Certainly they are unqualified in the Medical real world...but not in the VA world. This needs to be changed but its BIG money contracts and that alone with QTC will be a hard one to do ...though not impossible.....very very hard. It would seem logical that the AMC or even a VARO may accept a IMO if done by better qualified personnel to trump those by VA. The same VCAA letter may also give the order to the Vet to get ready for the C and P exam. Yes , I realize that many vets have to have a C and P and rely on it to help them as money may be an issue. You and I both know the importance of IMO's . It is the Stealth aircraft dropping precision bombs without detection of VA missles. It is one of the greatest tools of the Veteran if used correctly. The VA has only one thing in mind with the Veteran and that is to shoot down all of your evidence. Knowing that you are a "heavy weight in the ring" with several KOs under your belt has probably hurt you as you now are seeing the way they operate by your recent frustrations to your claims. But you always get up and then that mean upper cut which got you this far will not fail you. And somewhere further on in the match, maybe round 7 or 8 the withering barrage of punches will send the VA to the mat. the shooting down of your IMO's is already talked about in case law and the VA is not suppose to do it.Which I might add are criminal on the behalf of the VA, yet even incredible.If Mariano V Princippi, 17Vet. App.305,312(2003)"cautioning against seeking additional medical opinions where favorable evidence in the record is unrebutted", then how can the AMC , legally rule against by ignoring this law? Having your fortitude and patience which will help you beat them back again will prevail. But I ask why is this all necessary ???? You have done what the AMC asked ...but still they demand their pound of flesh and more. More Tax dollars wasted, more time at the VARO and the AMC and yours wasted. More time at the BVA and more remands. Time that could be used to help some other Veteran or widow or family to try and survive while slowly dieing on the VA's deadly process vine. I also think your idea of all IMO's should be reimbursed by the VA has to be brought forward into law. I think Congressman Filner might have an ear to that one. The VA is capable of rendering an opinion/nexus for the Veteran, yet refuses because of the process that now has failed. Paying for all IMO's is really no big deal as the VA pays for outside doctors all the time.....for me too. Yes Berta the VARO has also denied all of my medical records, reports, opinions , nexus, the same as you. They also refuse to read them and any buddy statements, or outside reports....even saying that "they are not open for discussion." How can you propel a case with reading the evidence...lol.....sick, sick , sick,,,,,, I have to pay someones salary who cannot read. That makes alot of sense. It seems that you and I are dealing with the same "concerted" effort no matter where the Veteran lives. It is a tactic that works , because it causes frustration ,,,sometimes enough to get the Veteran or Widow, their family to quit. I feel that is criminal in itself that evidence is provided and it may be ignored. Yet the Feres document protects and even ENCOURAGES these criminals. If you and I did this in the real world , we would go to jail. How can a person sleep at night , knowing that they engage willingly in this type of deceit? And they do it daily as more and more of our Veterans slip off into despair. Berta, I hope Congressman Filner will listen to what you have to say and I wish you well in this slight setback. You will prevail and I think you know that. Thank you again for your help and encouragment to me over the years. God Bless, and BERTA remember........NEVER GIVE UP. C.C.

[Pete53]

Berta:

I am rooting for you. I know that you will prevail.

Pete

[luvHIM]

Berta, you like Josephine (Betty), are true pioneers and I love reading your threads just to be inspired, if not encouraged to keep pushing.

You were one of the few that welcomed me to Hadit when I first signed on board and attempted to help me get my stuff in order. I will always be grateful to you for that. It is my prayer that you will prevail in this matter.

I have a several more conditions being adjudicated for service connection and I look forward to being able to post another success story this year. That stated, I also look forward to you posting yours and this being one year of jubilee for the folks here at Hadit.

[sharon]

Perseverance is the hard work you do after you get tired of doing the hard work you already did. ~Newt Gingrich

[Josephine]

Berta,

I know it is so tiresome and mind bogging to keep making copies and sending them to the BVA and the AMC.

You are always one step ahead of them and they will never be able to push you against a wall.

It has been almost a year now since my grant and I still can't walk straight for dodging their pot holes and mud puddles.

Take Care,

Betty

[john999]

The VA having a PA do a cardiac C&P exam is SOP here in Tampa. My evidence overruled the PA and I got my rating for a cardiac condition bumped up from 0% according to the PA to 60% via my PCP doctor and tests she ordered that the damn PA did not bother to order for my C&P. I had looked at the exam requirements for my type of cardiac disorder and it required a stress test that the C&P did not do. They are such slobs they cannot even read the requirements for their own exam. So just based on my evidence and appeals I went from the VA saying I have a neglible heart condition to a serious one. I don't want to die but I want my spouse to get DIC via service connected death if I do croak.