I9 Box 10, Reply Almost Complete

[Josh]

Greetings all,

Wow this was a major research project that required a tremendous amount of effort. However it should put a lid on it, Nearly all of the previous information submitted was totally ignored as Berta has noted for you out there and get ready to learn all you can if you are going after an 1151 claim.

I should have done this first to add the word document sorry folks

If anybody spots anything they think could be improved, please do not hesitate to mention it no matter how small.

If anybody would like any of the documents referenced to check on the medical rational and what went wron, plwase do not hesitate to ask.

There is a very unusual twisted story behind the scenes in this document. One of the articles referenced was written by one of the doctors who goofed in the diagnosis of MS in my case (more likely realized the error and thought it best for malpractice reasons not to do anything) anyway all of the things that I told him as being in error years ago, are highlighted in the paper he presented in 2000 and it directly addresses the errors made in my case,

I will post that part of the story later..

Amazing

Edited March 22, 2006 by Josh

[Josh]

Updated 1151 Box 10 information

This has been edited and is stillnot complete but though there might be some interest in the document to see how the updates are going.

[Josh]

Joseph Here

OK this is about as final as it gets...

Now all that needs to be done are final final checks and rechecks on the footnotes and sources and then off as the appeal.

[Josh]

Greetings once again Fellow Hadit members,

For those of you who have read or glanced over the pages attached while the writing process was progressing, can anybody make any suggestions for improvement on the opening wording or Compensation sought sections? I have posted those areas here for quick review. Also, how to best deal with all the footnotes?

Thanks and hoping this time it will be approved!!....

Joe

Opening Paragraphs

The Houston VARO has consistently and completely ignored my irrefutable, undisputable, and probative medical evidence including the comprehensive process of diagnosis, clinical correlation, and treatment provided by Dr. Rene Camacho MD, Dr. Rafael Almedia MD, Neurosurgeon, Dr. Norman Reynolds' MD VAMC Chief of Neurology, as well as the independent medical opinion of Dr. Juan Carlos Benedetti MD, Neurosurgeon. All these individuals provide their competent special knowledge giving them the professional rationale for their statements and opinions.

Additionally, I have submitted evidence and medical records from private physicians and VAMC providers that were correlated to accepted standards of medical practice as can be seen within medical articles and analyses regarding CNS infection and brain abscess identification and treatment. All information submitted totally supports this claim. The Houston VARO has continued to deny a claim that rests well within the Doctrine of Reasonable Doubt (38CFR3.102).

In this reply, I will be addressing and presenting specific evidence that totally impeaches and contradicts the VA medical examiners' review through the use of accepted medical fact and basic principles of medical practice. The evidence supplied fully outweighs the medical and scientific rationale used by the VA examiner in the SOC dated 02/16/2006.

<H1 style="MARGIN: 0cm 0cm 0pt">Compensation Sought </H1>For this case and regarding psychological numerous permanent physical disabilities as a result of mistreatment and ensuing damage caused, as referenced by the doctors cited above and as a result of the underlying occult infection continued to run uncontrolled and unchecked, I am seeking Compensation under 38 USC 1151 at the 100% plus the SMC R1 level as there is no doubt that I will always need an attendant/assistant to assist in performing basic daily living activities.

Code of Federal Regulations, Title 38, Volume 1, Rev. July 1, 2003

From the U.S. Government Printing Office via GPO Access

Edited March 24, 2006 by Josh

[wallyg]

Josh,

Your last post showed a difference with your attached document, so I cut and pasted the para, from the document---

"Compensation Sought

For this case and regarding the numerous permanent physical and psychological damage caused, as referenced by the doctors cited above and as a result of the underlying occult infection continued to run uncontrolled and unchecked, I am seeking Compensation under.."

I am impressed with your research and documentation, but unless you are very lucky in finding someone at the VARO who can read at Graduate School level, I very much fear that you are talking over their heads.

That said, the part you were most concerned about needs rewriting, as tha English errors in it, could negate the claim you are making.

I would suggest the following;

"For this claim, with regard to the permanent physical and psychological damge caused, as referenced above; the cited doctors opinions show that the most likely cause of this was the failure, by the VA, to control the underlying occult infection, which therefore ran uncontrolled and unchecked. I am seeking compensation under..."

[Josh]

Wally,

Thanks you for your comments and it is true, whoever reads this will need to understand the actual medical aspects of this case. They tried to bury this and in the process nearly buried me. Your suggestion for closing is well taken. :)

Wally, did Berta actually leave the board?

Oh yes the acutal final final final is attached.............. It is off to the VARO in the next 48 hours.

[wallyg]

Josh

Here is a proofed copy of your latest.