Administrative Silence,

[Josh]

Administrative Silence,

Good Afternoon Hadit Members,

I have not posted messages to this board in a considerable amount of time BUT needed to come back here to get “you all’s” advise.

My claim goes back years but it seems the VARO in Texas has not forwarded my claim to the BVA for review as per a message from IRIS. They keep on overlooking the obvious errors that were made in diagnosis, which forced me to literally fly to Colombia, South America to get treatment and survive. The ORIGINAL MRI Films, which I submitted, have seemingly been mislaid, and even my contact at the VFW which is my POA does not answer my emails anymore. I have been filing appeals all the way along and still they do not look at what I send nor acknowledge t hey have received it. I have a copy of all that was submitted which is a 3- ring binder of information, PLUS the MRI’s in digital form and a receipt notification. How can I “bop” somebody and get their attention?

Does the VA have a process which moves a claim out of a seeming “Administrative Silence Zone “and gets it back in the path to finish. I have posted the claim several times here including the MRI Copy for others to see. Berta has been helpful in the past with her input but if there are others…..Carlie (Hi Carlie) or more who may be able to get me their secret to getting their stuck or frozen claim moving, please tell me what it is.

It seems there was the name of a process that can be initiated but the name escapes me at this point. If anybody knows the name please post it!

Also what to do about the “mislaid Evidence?”

Thanks all, Respectfully… Joseph (josh)

[Berta]

Josh-if you tell me what VARO you deal with-I might have their internal phone numbers for their VSCM and Director.

There is definitely something wrong-if they have not transferred your claim to the BVA yet.

You also might try Iris as a service Complaint, instead of regular inquiry.

This certainly helped me get an immediate VARO reaction when they prepared my recent award letter all wrong.I called the VSCM at his desk too- he didnt return my calls but responded to my Iris complaint right away.

[Josh]

Greetings Berts.

It is the VARO in Houston Texas. My VFW SO is "supposed to be there" but who knows. He never answers anylonger and that is for no reason.

If ou have a contact, I sure would appreciate it.

Joseph Hertrich (Josh)

[Josh]

Berta This is what IRIS Replied with

......................

Your appeal is still with your local VARO. Until you receive notification that they have transferred your file to the BVA in Washington, DC, your local VARO remains the best place to obtain information.

I suggest you visit the web site at www.va.gov and double click on the link for Veterans Benefits Administration (Compensation and Pension) and e-mail directly to the regional office.

You can also dial the toll-free number (1-800-827-1000), and be connected to a Veterans Benefits Administration counselor at the local VA regional office who is better able to assist you in your request and answer any questions.

--------------------------------------------------------------------------------

From: giojoshcol [mailto:GIOJOSHCOL@telecom.com.co]

Sent: Monday, June 08, 2009 6:55 PM

To: BVA Ombudsman

Subject: BVA Claim Status Request

Importance: High

Dear BVA Omsbudsman,

My name is Joseph A. Hertrich and I have been waiting for years to get closure regarding the sequesnce of events which finally led to an 1151 Claim.

That claim is currently still "being processed" within the VA offices AND HAS YET to reply OR acknowledge key evidence submitted for the Claim’s Review Process. That evidence was an SERIES of MRI images dated 10/13/1995 (see attached sigle image) from the Denver Veterans Administration Hospital and acknowledged as having been received by your offices.

Where is the claim at this stage and what is being done?

In addition I have the increased need of motorized transport and have determined a John Deere Gator Utility Vehicle would best suit my needs as we live in the outback in Colombia, South America. How can the VA assist me in acquiring this needed Utility vehicle as transportation. Can the VA provide this in place of the motorized wheelchair I currently own? The price new is around $20,000 and clearly more economical than a full car, What do you say?

Needing your assistance,

Joseph A. Hertrich

[Berta]

Houston Varo

Ursula Henderson Director 1-713-383-1720

Fax 1-713-383-1715 all subject to change-they are moving their fax machines around at many VAROS

Valerie MArtinez AVSCM 1-713-794-3655

Shannon Kelly " 1=713-383-2652

Diane Bernrich " 1-713-383-2652 -this is also desk phone number for their main VSCM but whoever that person is will be replaced -they are gone

[Josh]

Oh yes Berta,

Also is a good idea about the IRIS Complaint direction. I am not the complaining "kind-of-guy" but am willing to learn how do do it without being aggresive.

Thanks I'll keep the board here updated. ..... Josh

[Josh]

Sheeesh I was away Berta and missed your reply Off to read it now Thanks ever so much.