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

[gp747]

"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.

i apologize too berta good luck

skunkmeister

[Capt.]

Hello Berta, I could not agree more with your thoughts on the Mariano V Princippi. If they VA has not rebutted your claim on the medical evidence. (Nor have they on mine) Then the "Benefit of a Doubt rule" 38 CFR, 3.102,4.3(2005) under Gilbert V Derwinski, 1 Vet App 49,53,(1990) can also be used if not both. That "a veteran need only demonstrate that there is an approximate balence of positive and negative evidence in order to PREVAIL." Ok so the problem is as with me that the RO can usually pull something like....... "this evidence is not open for discussion" or ..."the medical opinions are not probative". So then it has to go thru the appeal process and before the BVA which in most cases will say ........... something like .....' The board finds fault with the RO in that the Veteran did infact show competent medical opinion and has proved within reasonable doubt that his disease did in fact happen to be service connected." Or that the RO is not allowed to seek Medical opinions that counter the Veterans Medical Nexus under the guidelines set forth by Mariano V Princippi. OK heres the problem that may take 2 -3 yrs. And the Board pulls the old favorite trick of REMANDING it back to the RO for them to make a decision. OK .......here is another 1-2 yrs even if the Board says it must be EXPEDITED..... What a total waste of time , resources, TAX payer dollars. Because in the majority of the cases where the Evidence is clear and more than 50/50 the Vet almost always prevails in the end at the appeals process. It would be interesting to sit down with the House and Senate VA committees and show them this ridiculous game the VA plays. If Congress could see the little VA game and realize that it is a way to cut cost ........it might get changed. MAKE THE VA to follow case precedent and these 2 laws mentioned above at the Regional Office. I would also like to bring up that VA counsel should have to be forced to accept past precedents like any other court of law. Veterans DO NOT have due process and are not treated as an American citizen......I do not understand why some Veterans groups do not bring this up. It is absolutely criminal on the VA. Yes Berta , I know that you will prevail in you case and eventually so will I but this circus atmosphere that happens because the system is so used to it that everyone ignores the meaning of FAIR or REASONABLE. This has to be changed and needs to be addressed in front of Congress. I hope Allan and Skunk and You , Berta, continue to hang in there as the VA's only hope is either death or frustration and quit. God Bless, and remember ,,,,,,NEVER GIVE UP. C.C.

[luvHIM]

Berta,

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

:D B) LOLLLLLLOLOL!!!! That's funny...