Washington Reviews Done At The Ro

[Josh]

Greetings all hope all is well with you.

I called the Houston Texas RO Claims office recently and ask about my 1151 claim. After looking up my claim the claims director indicated my claim should have been reviewed long ago. Considering the incident began in 1993 and was submitted in 1999 after getting out of the nursing home I had been in for nearly 3 years, you would think it would have moved further. they indicate the claim was filed in 2002 (I need to check my archived files for exact dates)still along time before an answer.)

Well, the Claims Officer I spoke with at the time said "Although, your paperwork should have been sent to Washingtom,long ago it is still here.

All I could say was EXCUSE ME?

He went on to say he would make sure that it would have prompt attention, that was 3 months ago and still nothing.

He did go on to say in the conversation that the Washington Reviewer was coming to Houston to review files and so the records would be kept in Houston and be reviewed ASAP. I said great and here we are no answer. I was expecting an August reply but nothing.

Does what I am typing here sound like BS to you all? It's not and here I sit and wait...

Would a reviewer or review "team" ever be sent to a RO to do such a thing and if so has anybody at the Houston RO been told or know anything about this?

Oh yes. During that call I ask about MY ORIGINAL set of MRI+'s which I had proof of submission were and he idicated "we typically do not review that type of information. And they were not in the files Again EXCUSE ME....

That is the absolute picture image of what YOUR DOCTOS LET GO FOR YEARS and you don't review it? What??????????

This is a still developing story and I will be calling again when I get into the city next week.

Again if anybody knows or has information regarding the socalled DC reviewers going to the HOUSTON RO, olease let me know.

I am in South America basically out in the jungle and need more green.. Just not green snakes like you see attached-

Joseph

Joseph

Cartagena, Colombia

Boulder Colorado

Edited September 19, 2009 by Josh

[Berta]

I used to babysit pythons for the Museum I was achaeology volunteer at-

basically it only involved wearing the pythons one at a time for their owners to take a break at our annual museum fairs.

6 footers- as ,lonf as they arent hungry they are as sweet as a snake can be-I like snakes-nice pictures Josh

I haven't got a clue what is going on with your claim-

do you have this guy's name and what his title was?

"He did go on to say in the conversation that the Washington Reviewer was coming to Houston to review files and so the records would be kept in Houston and be reviewed ASAP. I said great and here we are no answer. I was expecting an August reply but nothing."

I hope you were not a victim of shreddergate.

You need to get a rep (or if you filed the NOD after June 21, 2007, you can get a lawyer)-

to see what the heck they are doing here.

You might have basis for Writ of Mandamus or for special handling under the October Incident (VA's spin on the shredding fiasco)-

personal I think you might need to file for an Administrative Review.

Still- hard to say-

You need a firm status on your claim.

Have you Irised them- send it as a complaint- they seem to respond in more details to a complaint-

FTCAs would go to DC but 1151s dont usually unless they need an opinion from a VACO doctor.Still-that is unusual-

Are out of country claims handled at DC? ???

The MRIs are critical to your claim-they sure were to mine- do you have copies of the MRI narrative that details when the MRIs were done and what they revealed?

[Pete53]

Greetings all hope all is well with you.

I called the Houston Texas RO Claims office recently and ask about my 1151 claim. After looking up my claim the claims director indicated my claim should have been reviewed long ago. Considering the incident began in 1993 and was submitted in 1999 after getting out of the nursing home I had been in for nearly 3 years, you would think it would have moved further. they indicate the claim was filed in 2002 (I need to check my archived files for exact dates)still along time before an answer.)

Well, the Claims Officer I spoke with at the time said "Although, your paperwork should have been sent to Washingtom,long ago it is still here.

All I could say was EXCUSE ME?

He went on to say he would make sure that it would have prompt attention, that was 3 months ago and still nothing.

He did go on to say in the conversation that the Washington Reviewer was coming to Houston to review files and so the records would be kept in Houston and be reviewed ASAP. I said great and here we are no answer. I was expecting an August reply but nothing.

Does what I am typing here sound like BS to you all? It's not and here I sit and wait...

Would a reviewer or review "team" ever be sent to a RO to do such a thing and if so has anybody at the Houston RO been told or know anything about this?

Oh yes. During that call I ask about MY ORIGINAL set of MRI+'s which I had proof of submission were and he idicated "we typically do not review that type of information. And they were not in the files Again EXCUSE ME....

That is the absolute picture image of what YOUR DOCTOS LET GO FOR YEARS and you don't review it? What??????????

This is a still developing story and I will be calling again when I get into the city next week.

Again if anybody knows or has information regarding the socalled DC reviewers going to the HOUSTON RO, olease let me know.

I am in South America basically out in the jungle and need more green.. Just not green snakes like you see attached-

Joseph

Joseph

Cartagena, Colombia

Boulder Colorado

I think that you need to check to see exactly what is going on and request any answer to be in writing.

[carlie]

Josh,

Good to see you posting and hope you and Gio are doing well.

I just can't believe that your claim is still stuck in that danged office.

What's it going to take - dynamite ! !

I'm sure you have a copy of the MRI disc right ?

If by chance not - I think we can find it here at Hadit.

Here's the link:

http://www.hadit.com/forums/index.php?show...mp;#entry150017

I'm in agreement with Berta - that this might require a request for a writ of mandus

but even that would probably take a year to be either approved or denied.

I'm wondering if you might get some help by contacting the general council.

Now - go out and kill ALL of the bloody snakes, and then I'm moving to your place.

If I remember right - Gio is a great cook :)

carlie

[Josh]

Berta so good to see you , Pete, and Carlie still here chugging away.

smile

As you can see I am up late this evening and had to check the note left on te board. I knew you three would be here and check on this. Folks from the old days it seems.

Berta one comment you made regarding the MRI was regarding the reading or nerative details.

This MRI had no narative details attached Berta.

How can this be explained, I showed up to the VA ER and told the DOD about the medical error I had found in my case which was started by the HMO I had when in Boulder. That was a hugE MISTAKE! As you may remember I was erroneously diagnosed with MS when the problem was bacterial encephalomyelitis. Rather than giving me antibiotics, the Kaiser Doc put me on immunosupressives. I realized later in the discovery of this error, the doc KNEW EXACTLY what he had done and wanted it to be covered up. This doc started dsong me with the Imuran (used for kidney transplat patients for tissue rejection issues) to alter the blood tests so the raging infection would be "hidden" from being identifed in the basic CBC results. Anyway, I WANTED TO SUE SO BAD i COULD TASTE IT, I went to the VA nievely thinking they would help at least STOP THE INFECTION That I had be let sit in for two years at that point. HOW WRONG I WAS! The va kept up the game and continued keeping a close eyes on me. Kaiser Permanente was the HMO and they were so bold as to break into my appartment and steal the only copy of the original records from Boulder Comunity Hospital replacing it with a totallu revised and reeddited version. What could I do, go to the police and report it. Yea right... a patient has his home broken into by the good doctors of our community, who could and would do no wrong (Boulder mentality). They would have send me to the frigging mental ward. maybe I'm wrong there but I would find it very hard to believe if it had not happen to me! Of all the pages that were altered, I still had ONE PAGE left

of a before and after version that was indisputably alterd. I have saved that page like it were gold since it is the only hard proof of what had happen was really happening..

Anyway, with regard to that now "misplaced MRI" there was NO reading page in the records. It would seem nobody wanted to document the fact that a patient with multiple active brain abscesses clearly observable on the MRI's could be diagnosed with MS and then be totally stuffed into the trash.

Just so you know,I did not find the actual UNREAD MRI for years because of being stuffed into the medical non recycleable trash. There was NO READING ever submitted for that MRI and they never thought I'd go through the radiology files and find it. The misdiagnosis was clearly known to thos involved in my case and I was being avoided like the plague or todays H1NI swine flu. Being stuffed into a nursing home in Milwaukke Wiscinsin, who would have thought that this knowing Vet would meet a girl on the Internet who had a courtesy plane ticket to fly me to Colombia to get IV antibiotics. Gio, illegally sent the oral antibiotics I needed to survive long enough to get my passport and fly down here.

Gio arranged a Doctor and hematologist here to review my case the day I arrived and they, seeing the information and MRI's, got a subclacular line put in the next day. Sheesh, what some will do to stay alive.....

Now, all these years later I still wonder how this will all turn out and the information I have learned die with me. I don't know for sure but from what I have found, I'd be very surorised if the information gained in my case wouldn't unlock so of the musterys of that disease, BUt what the hack I'm a nobody who fiund out the hard what how powerful and inhuman doctors can be. The doc in Denver who sent me for that MRI walked up to me sitting in the wheelchair, looked around, smiled and ask me "Do you think we are trying to kill you?" Claearly the answer was YES. but I was able to survive.

Today's reality survivor shows, have nothing to share been there, done that. Survivor must know recharge his batteries and get ready for a new day, Will continue this story later complete with documents if anyone is interested in the juicy details held in the printed pages I have saved for so many years at this point. How did this ever happen to me... I am here in Colombia dealing with snakes, but I have dealt with snakes before. Snakes that walk and have the power to give the venom of their chosing. hmmmm what thought go through my head when I remember back all these years and how things have turned out.

Oh yes, just what is the defense against Shreddergate cases? I will be calling t he Houston RO on Tuesday and checking up on the "progress" Let you all know then.

Josh

Oh adding new photos and have another snake to add Berta.

I used to babysit pythons for the Museum I was achaeology volunteer at-

basically it only involved wearing the pythons one at a time for their owners to take a break at our annual museum fairs.

6 footers- as ,lonf as they arent hungry they are as sweet as a snake can be-I like snakes-nice pictures Josh

I haven't got a clue what is going on with your claim-

do you have this guy's name and what his title was?

"He did go on to say in the conversation that the Washington Reviewer was coming to Houston to review files and so the records would be kept in Houston and be reviewed ASAP. I said great and here we are no answer. I was expecting an August reply but nothing."

I hope you were not a victim of shreddergate.

You need to get a rep (or if you filed the NOD after June 21, 2007, you can get a lawyer)-

to see what the heck they are doing here.

You might have basis for Writ of Mandamus or for special handling under the October Incident (VA's spin on the shredding fiasco)-

personal I think you might need to file for an Administrative Review.

Still- hard to say-

You need a firm status on your claim.

Have you Irised them- send it as a complaint- they seem to respond in more details to a complaint-

FTCAs would go to DC but 1151s dont usually unless they need an opinion from a VACO doctor.Still-that is unusual-

Are out of country claims handled at DC? ???

The MRIs are critical to your claim-they sure were to mine- do you have copies of the MRI narrative that details when the MRIs were done and what they revealed?

Edited September 20, 2009 by Josh

[Berta]

Josh- I know how low the VA can go when it comes to negligence and a cover up.

One decision I got was horrendous and I called the C & P doctor up and raised Hell with him-

years later I called him up again- in a different frame of mind- he totally agreed with my AO claim I had just filed but could not do a C & P because I had knocked down 2 or 3 of his opinions already-somehow he was aware I had won the FTCA case too-I dont know how he found that out-

long story but in our conversation (much different from the past call) he not only read to me from the actual C & P he had prepared (and sent copy to me)(which I didnt know enough to get in 1996) he also realised that the RO had selectively given him evidence forgetting the most important document he needed-

This wasnt shreddergate days- it was the days of the MF-

the mysterious force who removed selected documents from my C file and then put them back after they denied.

WHen a vet or widow files FTCA and or Sec 1151 they do all they can-in some cases- to quash the evidence.There is no MF of course-they simply ignored the important stuff.

When I found that the Stategic Health Team in DC had again denied my FTCA I raised Hell and called the Cardio team directly-they had said they based their decision on ALL of the clinical evidence.

I asked one of the docs-a very prominent VA cardiologist-how the hell can you say the autopsy doesn't reveal malpractice and prior undiagnosed heart disease-

it was chilling to hear the response

WHAT AUTOPSY!

The RO had conveniently removed every copy of the 6 page autopsy (I sent it many times because they kept ignoring it)

so I then faxed it directly to VA Strategic doctors and immediately the General Counsel called me up to talk money for the malpractice.

You need to get a little tough with them-I dont mean angry I mean get tough as to what the status is of your claim-WHERE the claim is-

and what they are doing about it.

I have suggested many times that you need an IMO

"Gio arranged a Doctor and hematologist here to review my case the day I arrived and they, seeing the information and MRI's, got a subclacular line put in the next day. Sheesh, what some will do to stay alive....."

Would any of these 2 docs be able to provide you one?

There is a Getting an IMO topic here at hadit-I re-posted it the other day-

they need all SMRs and all available clinical records.

You also gotta keep on them consistently on 1151 claims-

Unless you can study your medical condition to get up to their level and present prime facie evidence of malpractice yourself-they will stonewall your claim until you give up.

You need a real doctor with expertise in this field of disability to opine on how and if they committed negligence or malpractice.

If an MRI was not followed up with a narrative- this is very disconcerting-

this is an omission of an act that could lead to malpractice.

Omission can be basis for 1151 claims.

I used it myself.

Omission of acts of proper follow up diagnosis and treatment.

I had to prove a negative-for that part of my case-

The VA had no evidence whatsoever to prove me wrong.

I also suggest you get a vet rep somehow who can look into this for you-

Cushman V Shenseki proved that the VA altered this veteran's records.

Cushman had bonafide proof of that.

Without proof of altered records- it isn't worth time to dwell on that possibility.

I wouldnt "call" Houston if I were you-I would Iris them and ask for email or letter as hard copy proof of what they say.

Without an actual status of the claim- I dont see what more we can offer as to advise here-

but if VA malpracticed and a real doc states that with full medical rationale based on the clinical records-that can turn this all around.

[Josh]

Berta thanks for your input.... Having had surgery this past week and spending the 2 weeks prior glued in bed, hadn´t had time to really review and consider your input. Thank You.... As I get more information I'll keep the board posted on this long drawn out event. And yes it looks like shredder gate here.