A0 Vets Might Sue

[Berta]

Many of you , like me, have been checking the Federal Register site since the announcement from Shenseki on the 3 new AO presumptives,waiting fort the wording of the 38 CFR reg and having opportunity to comment on it.

The IHD regs are a big concern- and our discussions are over the months show why- and are reflected by many other advocates and vets groups-

http://www.vawatchdog.org/10/nf10/nfmar10/nf030310-3.htm

[gp747]

MET and EF measure the blood flow of your heart. usually, I have been told one has to have some damage to the heart and some restriction of blood flow to the heart.....

You may wish to use that thing called " GOGGLE " to research the term of IHD .

I did on the announcement of the three new AO Claims...

this lead me to use google.......

I found out that it looked like I had this type of situation..... No one had ever used these exact words.

probably because ... the Dr.'s knew we lay people have no clue to medical terms....

Goggle is your friend use it

Yeah, i could be walking around with ihd and not even know it, got to talk to my doc and get a stress test also.

[hollywoodnc]

keep on pluging hollywood i fought for forty years and i have won some ,been screwed a bunch, and still fighting for my rightful benefits.

Denied ,lowballed ,screwed and tattooed.

Thanks Skunk.

But I have a question...

Are all of you taking this seriously? Or...

Do you all think I'm just rambling?

My drive is heartfelt and my goals are TRUTHFUL.

I am not fighting the DVA within the system, I'm fighting the DVA from the outside, meaning a Courtroom with at least 1,000 other claimants, all at the same time, and for a settlement for those who have had it with the bureaucratic BS that we have endured, still endure, and if change isn't made, shall continue to endure.

Is that what we want for our people still out in theater, when they return home with injuries?

Edited March 18, 2010 by hollywoodnc

[hollywoodnc]

hollywood, hollywood,,, great ideas,,,,,,and excuse me but I think IMHO (LOL) hiring folks (just anybody) is what got us in this mess to begin with. LOL Most of the folk they hired though,,,don't want to work,,they just want to draw the check... Seems most higher ups in the organization in question,,,(LOL), VA,,,,didn't care if they could read..... otherwise there would not be soooooooo many appeals in the first place. again just IMHO

Thanks shag...

I'm reminded of the most recent post, when a Veteran who had a C&P and the doctor (if you want to call them that), didn't recommend certain tests, and then, rendered a negative opinion about the Veterans condition.

This is a Blatant denial of the Veterans rights!

The same occurred to me.

I specifically asked to see an Ortho doctor, and when the doctor responded back, he flatly denied me that right!?

My S.O. was pissed, and demanded a copy of that reply!

It is identical to the other Veterans' case, and clearly shows that the doctors are in cahoots w/the DVA, in showing that Veterans (at their choosing) are filing fictitious claims to collect. Yet, as in with both examples, we aren't granted the right to show the reasons for our ailments, w/a bonafide specialists opinion.

Your other points are 'somewhat' accurate, being that there are people only working for a check...TRUE in some cases. I'll also add...Health Benefits.

However, there are a lot of GOOD people there also. A lot of those are Veterans to. They won't say anything, in fear of losing their job. That's why I lost mine in early 2003. I criticized their way of doing business, but not to a point of being a rebellious employee. I wrote letters to elected officials. One to Pres. Bush, arrived at the Directors desk...the plan to terminate was in play from THAT point.

In concluding it was a discrimination lawsuit, and the output turned out bad for me, based on me being pro se. I intend to write a book about it, but only after the dust settles.

Thanks & Take Care.

[Commander Bob]

Setting aside the AO class action law suite, for now. What about you? I read your blog...

you wrote... " March 12, 2010, was the deadline, and they deliberately sent my file back to the RO for a C&P exam?! My last was April 2009.

I'm refusing to comply based on the fact that I do not trust the incompetent nimrods at my local clinic."

If you do not keep a C&P exam appointment , then, as you know , the VA can deny and give you more problems. How are you going to overcome the "no show" on the C&P exam that you refuse to go to?

Edited March 18, 2010 by Commander Bob

[hollywoodnc]

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Believe it or not Bob, the BVA ordered the RO to schedule me for an Orthopedic exam. The simple fact is that this clinic that I was to report to, DOES NOT have an Orthopedic examiner. These people do not qualify to render an opinion in regard to MY conditions. I also asked the DVA, in writing, to supply the prior C&P examiners experience/educational background. That's my RIGHT. Every doctor has a plaque in his office. I want to see PROOF that this examiner is qualified to render an Ortho exam.

They FAILED to submit proof.

As you have read, I specifically asked to be examined by an Orthopedic doctor at Duke U, and was refused that right a few years back to perfectify my claim. That's a Blatant denial of my right to seek medical care for my S/C disability. That will NOT be viewed favorably by any judge. This is supposedly the DVA's Prime Directive, and IS grounds enough for a suit, being that they "Breached" that Prime Directive.

Don't you agree?

So, as I determined from this request for a C&P exam, it is going to be considered MOOT, being that:

#1)The BVA ordered an ORTHOPEDIC EXAM...

#2)There are NO Ortho examiners at my particular RO, thus, NO doctor in this facility that can render a fair, bona fide, and accurate opinion...

#3)That I was denied the right to see an Ortho doctor earlier at Duke U (Durham VA) and...

#4)That the DVA Miserably FAILED at submitting qualifications (even minimal) of the April 2009 C&P examiner.

The four prongs will establish a prima facie case, and will render the DVA bitching about me as a NO SHOW...MOOT.

As you may be aware Bob, the Court system relies heavily of the use of "Prongs" (criteria) to establish prima facie in discrimination cases.

You guys and gals out there must start questioning the validity of education of these doctors. TRUST ME...I know from personal Malpractice Experience!!! I was a victim of a scumbag in 1978. I go into it on my blog, and I am not bullsh*tting anyone or even slightly exaggerating about this.

BTW...ALL that is mentioned here is documented in my file, and is considered as Material Evidence!

I truly don't trust some of these doctors to clip my toenails!

Thanks for the question Bob...I hope that I answered your question.

Edited March 18, 2010 by hollywoodnc