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At War Again

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Guest Berta

Question

The DRO just sent me a 32 page SOC- to deny my claims!

HE only mentioned two of them -there were 6-

There are NO REASONS or BASES at all-

just pages of all the regs and persumptives!

Check this- they said under Evidence I had wriitten them letters-

I had sent them letters referring to specific medical evidence-right-

I sent them plenty of medical evidence from the med recs.

this is how I won my Sec 1151 and my lawsuit! Letters explaining the evidence I had enclosed with the letters-

AND CHECK this out- NOT ANY acknowlegement of Dr. BAsh's IMO or Dr. Rabiees IMO!!!!! whatsoever as evidence- there is no Reason or Basis so it isnt there either-

I was told by VARO they got this IMO in Nov 2004.

Then I emailed me vet rep to make sure they didnt lose it yet-a few months ago- and he did chech the c file as far as I know as it all left the DRO and went back in a day or two later-

If my vet rep didnt put it in back in the C file- I will see Monday if I can sue him-

Can you believe it- I am livid because I had an awful feeling something would go wrong- it did for many years in the past-they refused to even look at evidence and then if it was real good, they would lose it (but it all appeared in my c file)

I emailed the State of NY DVA and asked them point blank where is my IMO-

how could my vet rep in Buffalo VARO allow this to happen,with the email I had sent him-and even the local vet rep knew I had a good IMO.

Oh well- I sued the DAV but went into the wrong court-

If I need to sue NYSDVA or this SO by Monday I will know what is the right court -

That $2,000 IMO must be somewhere-

I have the VAROs email addy and guess the director is going to get a piece of my mind too!

I swear that billboard across from the VARO with my name on it has to come down

It is actually almost hilarious to see a decision based on NO facts at all-

Nothing- they gave NO reasons and No Bases for the denial!!!

This is absolutely ridiculous.

BUT the good part is- I am sending a copy of the whole damn thing to the Commission as well as the IMO they lost - now the commission can see what crap we claimants have to put up with-

I knew they could have argued that I am not a doctor -like they did before - on this- that is why I got the IMO-

but I sued them and won Sec 1151 without a doctor-and also the lawsuit.

yet this is, as I recall, the sameo sameo crapola they put me and the veteran through for many years.

I am really not worried about succeeding on my claims-but the VA PTSD sure came back-

I think not only the DRO messed up but

that SO messed up too-he has a boss- it is Gov. Pataki.

I will get this straightened out . Good thing I go to a war college-

these people need some civilian command presense to start kicking their asses.

Berta

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  • HadIt.com Elder

Berta

No matter how good your claim is and how good your evidence is you have to remember you are dealing with incompetent idiots who are always safer denying a claim than approving something they are too dumb to understand. We know you had your ducks in a row but those SOB's don't care. You know you are going to win in the end but the mindless delays and VA %%%$$ ups really get to me. It is always a crap shoot with these people.

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  • HadIt.com Elder

They referred to a study from the National Center for PTSD as internet trash, they stated that the opinion of my attending was not considered a reasonable medical diagnosis, they preferred a pyschologist statements over a pyschiatrists statements, these are all VA employees, all the Docs, all the raters, and they talk about us doctor shopping. Maybe BVA will give you the satisfaction, it is obvious that the VARO is not going to. Sorry for your set back

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  • HadIt.com Elder

Berta:

I know that you will prevail. I am sorry that you have to fight so hard for what should be freely given.

Don't give up. :lol:

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My vet rep at the VARO in April or May-checked the file-to make sure the IMOs were there-there were two-

I didnt hear back from him and felt there was no need for reply if the IMOS were there-he did get the email-

The c file left the DRO shelf for a day or two and then returned so it seemed he had checked it.

But I wonder if he lost it-but one of the 800 vet reps checked the file again some time ago for me and said that IMO from Dr. Bash was right on top of the file on the DRO's desk.

That DRO went on vacation and then when he came back he retired- they then gave me the new DRO.

The said they had a response from me on Aug 3rd but it wasnt me so the 800 guy said it must have been a statement from my POA-who knew the IMO should have been there-

I have no reason to believe that I wont succeed-and will get another IMO if needed (it is a laugh that I sued them without an IMO but then again the doctors and lawyers at VACO and the OGC read everything I sent them and all of the medical evidence-)It was easier to win that than a regular claim.

I think maybe my vet rep up there messed up-

I had also prepared a summary for my local vet rep to give him as he had to go to Buffalo VARO for some training specifically mentioning these IMOs-a few months back- the one from the VA doctor is a beauty too.

The IMOs were clearly mentioned in the summary as well as the medical evidence they had in the c file.

I think that local vet rep messed up too and didnt give it to him-

I will find out Monday what really happened-

I can easily send the IMOs off again- that isnt the point-

somebody has to do something about this crap-

Dr. Bash's IMO clearly stated his expertise in reading MRis and X rays- it was a very strong IMO as to diabetes. I had sent him a brief email- he immediately emailed me bad and called me and within a week after he received the stack of records he sent me the IMO.

There was no question that Rod's diabetes had been undiagnosed and that it contributed to his death-

The VA's doc's statement was short but extremely provocative-

I think I only needed that VA docs statement but the IMO from Bash was excellent. I felt that in this case the VA would not have accepted a former VA doctor's opinion. Because it supported the claim.

The committee on Veterans Disability is looking into all aspects of VA claims[- not just trying to find wannabees.

I wrote to them some time ago about how many of us cannot get adequate SOs or vet reps and then have to deal with incompetent VARos that ignore or lose the most probative evidence.

I am sending them another letter and a copy of my SOC here -it shows them exactly what I meant.

I am really pissed but it gives me a chance to really do some more griping to a commission that appears to be intent on making the whole system better- at least that is what I think they are spending tax payers money on - I read their stuff. The Commission is independent of the VA -that is something we never had before.

If this generates oversight over the VARO employees who control us, they will be helping all veterans with claims.

This points out too that our SOS and vet reps have responsibilities that come with the POA. Sorry for griping -

The VA gave me the 60 days to respond to the SOC -I am giving them until Tuesday to find those IMOS.

This is about the fourth or fifth time at least I have had to send email to this VARO entitled What the Hell is this!

I Always get a response and a result. I start school again Monday officially-and of course this mail came late on a Friday-I sure didnt need this news today but

my past VA experience has given me enough strength I know I will-as I did many times in the past - PREVAIL

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