Need Help (Berta)

[Didto_69]

HELP

[Didto_69]

Yes Berta i have a rep. from American Legion they are preparing a written argument in support. you know how that is. we should not have to doc. shop for a medical opined.

[Berta]

I agree and feel it is grossly unfair that many vets have to spend money for IMOs just to overcome some lousy C & P exam.

The C & P docs leave out or overlook so much it makes me wonder how good their medical skills are when they treat VA patients.

Broncovet -=not a genius -just a careful reader and well seasoned claimant myself.

I had a vet here once who was really ticked off (local vet) and threw his IMO on my table and said I paid 2 thousand for that crap!

I read it carefully -it totally supported his claim.

I think the claims process can become so emotional that we have a hard time interpreting stuff the VA states.I myself have always had a blind side regarding my claims.I don't know why I missed stuff when I filed them.

I missed adding HBP due to IHD to my AO claim.Then I figured VA will catch it and rate it anyhow.Plenty to support it in the stack.

Then I realized that would be too much to expect.

One of these days I will get the decision on that claim. They said it was ready to rate as of April 16th 2011.

The Nehmer claims seem to be going slow lately.

[pkelly4576]

I agree Berta..., as you know my claim has been there for almost 2 years and after the decision they gave me in July I totally agree with you. I just hope now with all of the new info they get it right. According to the 800 number my claim is at the raters as of August 23rd. We will see how long this takes now.

Coachchas

Berta...

I would like to know where you got your "genuis" license, because I would like one, too. It is incredible that you got that aggravation stuff out of that.

While my 2 cents wont mean much, I would add that AMC is:

1) mostly operated by the RO

2) is the best example of why they call the VA a "bureaucratic mess"

3) Is a "black hole" where Veterans claims go in but cant escape, similar to a "roach motel".

[Berta]

One thing I have always done when sending them additional evidence ( I hardly ever used a 21-4138 but started to use it as cover sheet) is to list the evidence enclosed with a brief description of it.

I always use colored yard sale stickers and denote it as Exhibit A, B , C etc.in the list and make sure each piece f evidence enclosed is marked the same way and then I always total the enclosures.

I get lots of address stickers from some orgs I belong to or donate to and put one on every page I send along with my C file number on every page.

In the cover letter I try to briefly explain the claim in the simplest way I can ,since it has already been filed, telling them how the enclosed evidence warrants an award.

I make sure the strongest evidence is listed first.

I have some med recs here that have been copied so many times that they show Exhibit numbers in many places on them.

Often a med rec that might have prompted one award becomes significant again for an additional award somewhere down the road.

I have an ER Certificate for example dated in 1988 for my husband who had collapsed on the job (he worked at VA) and was rushed to the ER) that helped me succeed in FTCA, 1151, direct SC death, is part of my CUE claims, and is now the initial piece of evidence on my evidence list I sent for my pending AO IHD death claim.

BTW-I think my genius license expired years ago Broncovet!

Although I successfully proved malpractice to the VA, there was a edical entry I didn't understand and overlooked as to it's significance.

Also the autopsy which I felt I understood held a word I didnt look up because I thought I understood it.

Then my daughter in the Mil at the time insisted years after the FTCA that I re open the claim!

I didn't even want to think about doing that.

She ecen mentioned it again whenever she got home on leave and finally I sat down and reviewed the med recs again.

She was right. There was an additional misdiagnosis and it was for DMII.

I re opened the claim and it succeeded last year.

It took me about 8-9 months to find the doctor who made the entry I didnt understand.(He gave me a brief IMO)He had left VA for private practice.

And it took me mere minutes to look up the medical word in the autopsy I had failed to look up before and Bingo- that single word completely supported my re opened claim!

We cannot overlook ANYTHING! The VA does that enough as it is!