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

[allan]

Pete,

I think something is wrong when they send me to a VAMC C&P for pension & find me totally disabled & grant it.

Than send me to a VAMC C&P for SC for the same health issues, & after asking the examiner to specifically comment on all issues, "on a more probable than not bases" whether they're SC or not, after getting an answer, they go Dr shopping & get an IMO from a consultant.

I had a general medical prior to this, but no opinion was submitted.

In the C&P examiners opinion he state's"on a more probable than not bases service connection is warranted for all issues since his issues & incapacitation's have been steady over the years. He go's on to state I hope this answers the boards(VARO rater)questions. He also provided a physical examination, just like the General medical C&P & the C&P for pension.

They didn't send it back down to this VAMC C&P examiner for any clarification if they had a problem with it, they simply stated it didn't exist.

The rater made a false statement in the records, that they(VARO) couldn't get an answer back from this VAMC & requested an IMO from a staff consultant at another VAMC that stated,"since the Veteran had "NO" health complaints until the "90's", they didn't think I should be service connected. According to dates in my records, the rater denied the claim 3 days after they received the consultants IMO.

They concealed evidence & violated laws to deny it. Still think "benefit of the doubt" comes into play any where in the VA system? I don't.

Talk about willful misconduct. What happens to VA personnel wages for willful misconduct?

Edited April 6, 2009 by allan

[Pete53]

Allan:

I wonder what would happen if you asked for fresh eyes to look at your claim?

[gdsnide]

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. B)

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.

Berta,

As U know I have Epilepsy courtesy of 2 Shore Patrol in Japan in 1967.HA

Well, any way I go down to see my neuro at the VA & some young gal comes in & we talk for a bit & she say's "I've never worked with a Vet that has Epilepsy"

So, one of the few times that I have been rude at the VA I asked her "Then what the hell are U doing in here with me?"

No hollering or anything like that as I speak in a monotone all the time any way & that confuses some people if I'm joking or not.

So, the young Lady leaves & a Neuro comes in & helps me.

I have never had any problems at the VA Hospitals as I try to be friends with the Docs & has been working good so far.

GARY

[allan]

Fresh eyes?

Yes. I think it could help a great deal.

Eyes "willing to see", is what Berta & I both need.

For several years dealing with the DVA over health & benefit issues, I must have been terrible to have to communicate with. I would go into rants on or off the phone. I coudn't control myself. Certain things triggered me. I still have some problems.

They were not giving me the right medications for the bipolar. Some were making me suicidal & violent. Almost lost another marrage over it. Went to a VA Doc that seems to know his stuff last year & have much of that behind me now. (Buspar & Depakote)

I can't expect the DVA to care or know what I’ve gone through by not having diagnoses for over a decade, not given the right medications & given the runaround with benefits.

It nearly drove me crazy. The wife would say it drove me way past that.

I depend on the PVA completely for assistance. I'm not able to organize my records. It makes me sick. Tried & tried. It does it every time. I've tried to get the wife evolved but it only causes argument. I don't want any of that between us, so I wait & wait.

I've said it before. Vets with TBI & Neurological disorders are the easiest for the DVA to play with. They know they're not fighting with the right ammo or enough of it.

Eyes that are "willing to see" is what we all need.

[gp747]

Fresh eyes?

Yes. I think it could help a great deal.

Eyes "willing to see", is what Berta & I both need.

For several years dealing with the DVA over health & benefit issues, I must have been terrible to have to communicate with. I would go into rants on or off the phone. I coudn't control myself. Certain things triggered me. I still have some problems.

They were not giving me the right medications for the bipolar. Some were making me suicidal & violent. Almost lost another marrage over it. Went to a VA Doc that seems to know his stuff last year & have much of that behind me now. (Buspar & Depakote)

I can't expect the DVA to care or know what I've gone through by not having diagnoses for over a decade, not given the right medications & given the runaround with benefits.

It nearly drove me crazy. The wife would say it drove me way past that.

I depend on the PVA completely for assistance. I'm not able to organize my records. It makes me sick. Tried & tried. It does it every time. I've tried to get the wife evolved but it only causes argument. I don't want any of that between us, so I wait & wait.

I've said it before. Vets with TBI & Neurological disorders are the easiest for the DVA to play with. They know they're not fighting with the right ammo or enough of it.

Eyes that are "willing to see" is what we all need.

man you described me to a T as i suffer from bipolar and went through the same thing.

i have tried to organize but to no avail,i stumbled through the process and lost considerable retro because of it.

not to mention i really believe if i had some one to help me one on one i would easily qualify for 100% and would win.

i am sure there are those getting 100% under same circumstances as mine ,they just had the right person who knew what they were doing and cared to help them.

i believe any one could look at my 40 years of hospital treatments inpatient and outpatient and come to the same conclusion,i am way below the percentage i should be getting.

[allan]

"believe any one could look at my 40 years of hospital treatments inpatient and outpatient and come to the same conclusion,i am way below the percentage i should be getting. "

That's why I had no choice but to go to a specialist like Dr Bash.

He was the only one that I could get to take a couple weeks doing just that.

I not only needed it for spinal SC, but for a final diagnoses of what I was sick from. To my serprise, He not only diagnosed MS, but traced it back to in service symptoms in my SMR's.

The DVA has been walking around his diagnoses since 2003, but have treating my for it since 1994.

I need to apologize to you Berta. I robbed your thread & ran off with it.

I hope & pray you'll get willing eyes laid on your issues soon. I know you've been fighting this a long time & have recieve the same treatment I have.