Jump to content
Ads Keep HadIt.com Online. Consider Turning Off Ad Blockers to Keep HadIt.com Online! ×
  • 0

Wont Be Here For A Few Days


Berta

Question

Men and women -for 3 years in the 1990s the VA consistently ignored my medical evidence.

When my Sec 1151 claim went to General Counsel for a review by top notch VA medical team-

the most critical evidence was missing from the c file-when Washington got it-mainly the autopsy.(a few other things too)

Good thing I am proactive because I called the VA Wash DC med team who had just denied the claim -thinking no autopsy had been done. That turned around immediately upon their receipt from me of the autopsy-positive proof of malpractice.

I had sent it over 10 times to Buffalo and they igored it for 3 years.

So- yesterday I found out that my main claim has been transferred to the BVA-

I never got a response to my last pieces of evidence,

they have never mentioned Dr. Bash's IMO or Dr. Rabiee-at all!

and I never got a VCAA letter.

Not a single piece of my medical evidence has been addressed. Sameo sameo -dejevu all over again-

My vet rep has not gotten back to me yet- he was shocked in Sept that I did not succeed with the evidence I had and brought Bash's med opinion to their attention-but the DRO said she could not understand medical statements-

The 2000 bucks I sent Dr. Bash could have gained some interest by now-yet they ignore it.

I want to get another IMO but they would ignore that one too.

well long story after that- they worked on this claim-for months-

apparently they worked on a way to get it out of their hair-

The BVA will remand in a heartbeat as no VCAA letter was ever issued to me and of course the evidence was not addressed.

I have 90 days to submit more evidence-yet what about what they already have?

In 1997 I got a transfer to the BVA just like this, on two of my claims and I took immediate actions-

within 2 months one claims was resolved at the VARO level and then in about 6 months the 1151 was resolved at the VARO level

(even though I sent them the OGC settlement they actually denied the 1151 again but, I took immediate proactive steps and that was awarded about a month after that denial.)

I am used to the VA ignoring my evidence- in the past -

I just did not think it would happen again- especially after my vet rep had two conferences with them over it-

so it would definitely be considered-

It is time for me to get tough with them-I have prepared War Plan # 3 and will start on it today--

The VA has totally violated my rights as a claimant, violated M21-1 as well as 38 CFR, and I now have personal proof of their newest stall tactic- if they do not issue a VCAA letter for a valid claim- the BVA will remand the claim-

if they do not address the evidence, it gets a remand,

if the claimant requested a DRO review but never got one, they will remand-

If the VARO fails to do all the above ,and the claimant does not get real proactive-they can put a claim in limbo for years-getting it off their desk.

And if the claimant dies in the meantime, they save money.

Why this VARO Always messes around with me- I cannot imagine-even my Chap 35 and Champva they messed with-

my vet reps have actually learned claims info from me and they see no reason why this main claim should not succeed.

So- I will check in here if I can but will be solely focused for next few days on getting this matter straightened out.

I am giving them a deadline for a response and then telling them (the VARO Director)exactly what steps I will take if they do not square this away fast and actually read my medical evidence.

Maybe I will dig out my old 1990 paperwork too- to see what tactics I used then-because those tactics worked.

Link to comment
Share on other sites

  • Answers 10
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

10 answers to this question

Recommended Posts

  • Community Admin/Founder

battle on sister, we are with you!

so say we all

Link to comment
Share on other sites

Guest anfrnkie
Men and women -for 3 years in the 1990s the VA consistently ignored my medical evidence.

When my Sec 1151 claim went to General Counsel for a review by top notch VA medical team-

the most critical evidence was missing from the c file-when Washington got it-mainly the autopsy.(a few other things too)

Good thing I am proactive because I called the VA Wash DC med team who had just denied the claim -thinking no autopsy had been done. That turned around immediately upon their receipt from me of the autopsy-positive proof of malpractice.

I had sent it over 10 times to Buffalo and they igored it for 3 years.

So- yesterday I found out that my main claim has been transferred to the BVA-

I never got a response to my last pieces of evidence,

they have never mentioned Dr. Bash's IMO or Dr. Rabiee-at all!

and I never got a VCAA letter.

Not a single piece of my medical evidence has been addressed. Sameo sameo -dejevu all over again-

My vet rep has not gotten back to me yet- he was shocked in Sept that I did not succeed with the evidence I had and brought Bash's med opinion to their attention-but the DRO said she could not understand medical statements-

The 2000 bucks I sent Dr. Bash could have gained some interest by now-yet they ignore it.

I want to get another IMO but they would ignore that one too.

well long story after that- they worked on this claim-for months-

apparently they worked on a way to get it out of their hair-

The BVA will remand in a heartbeat as no VCAA letter was ever issued to me and of course the evidence was not addressed.

I have 90 days to submit more evidence-yet what about what they already have?

In 1997 I got a transfer to the BVA just like this, on two of my claims and I took immediate actions-

within 2 months one claims was resolved at the VARO level and then in about 6 months the 1151 was resolved at the VARO level

(even though I sent them the OGC settlement they actually denied the 1151 again but, I took immediate proactive steps and that was awarded about a month after that denial.)

I am used to the VA ignoring my evidence- in the past -

I just did not think it would happen again- especially after my vet rep had two conferences with them over it-

so it would definitely be considered-

It is time for me to get tough with them-I have prepared War Plan # 3 and will start on it today--

The VA has totally violated my rights as a claimant, violated M21-1 as well as 38 CFR, and I now have personal proof of their newest stall tactic- if they do not issue a VCAA letter for a valid claim- the BVA will remand the claim-

if they do not address the evidence, it gets a remand,

if the claimant requested a DRO review but never got one, they will remand-

If the VARO fails to do all the above ,and the claimant does not get real proactive-they can put a claim in limbo for years-getting it off their desk.

And if the claimant dies in the meantime, they save money.

Why this VARO Always messes around with me- I cannot imagine-even my Chap 35 and Champva they messed with-

my vet reps have actually learned claims info from me and they see no reason why this main claim should not succeed.

So- I will check in here if I can but will be solely focused for next few days on getting this matter straightened out.

I am giving them a deadline for a response and then telling them (the VARO Director)exactly what steps I will take if they do not square this away fast and actually read my medical evidence.

Maybe I will dig out my old 1990 paperwork too- to see what tactics I used then-because those tactics worked.

breta,good luck one quick question have they stopped your dic payments?
Link to comment
Share on other sites

Thanks all- I sure intend to succeed.

(don't tell anybody but I just love it when they send stuff like this that opens them up to a legitimate and strong response from me as to how incompetent they truly are. I checked. Not a single piece if my medical evidence (from the veteran's medical records) in addition to the IMOs has been addressed at all.Just like my1990s claims . I won them anyhow but I had to raise a lot of hell.)

Frank- I still get DIC-that is for wrongful death---- this is for something else.

Link to comment
Share on other sites

Guest anfrnkie
Thanks all- I sure intend to succeed.

(don't tell anybody but I just love it when they send stuff like this that opens them up to a legitimate and strong response from me as to how incompetent they truly are. I checked. Not a single piece if my medical evidence (from the veteran's medical records) in addition to the IMOs has been addressed at all.Just like my1990s claims . I won them anyhow but I had to raise a lot of hell.)

Frank- I still get DIC-that is for wrongful death---- this is for something else.

breta, glad to hear that,i wish you the best of luck
Link to comment
Share on other sites

Guest anfrnkie
Men and women -for 3 years in the 1990s the VA consistently ignored my medical evidence.

When my Sec 1151 claim went to General Counsel for a review by top notch VA medical team-

the most critical evidence was missing from the c file-when Washington got it-mainly the autopsy.(a few other things too)

Good thing I am proactive because I called the VA Wash DC med team who had just denied the claim -thinking no autopsy had been done. That turned around immediately upon their receipt from me of the autopsy-positive proof of malpractice.

I had sent it over 10 times to Buffalo and they igored it for 3 years.

So- yesterday I found out that my main claim has been transferred to the BVA-

I never got a response to my last pieces of evidence,

they have never mentioned Dr. Bash's IMO or Dr. Rabiee-at all!

and I never got a VCAA letter.

Not a single piece of my medical evidence has been addressed. Sameo sameo -dejevu all over again-

My vet rep has not gotten back to me yet- he was shocked in Sept that I did not succeed with the evidence I had and brought Bash's med opinion to their attention-but the DRO said she could not understand medical statements-

The 2000 bucks I sent Dr. Bash could have gained some interest by now-yet they ignore it.

I want to get another IMO but they would ignore that one too.

well long story after that- they worked on this claim-for months-

apparently they worked on a way to get it out of their hair-

The BVA will remand in a heartbeat as no VCAA letter was ever issued to me and of course the evidence was not addressed.

I have 90 days to submit more evidence-yet what about what they already have?

In 1997 I got a transfer to the BVA just like this, on two of my claims and I took immediate actions-

within 2 months one claims was resolved at the VARO level and then in about 6 months the 1151 was resolved at the VARO level

(even though I sent them the OGC settlement they actually denied the 1151 again but, I took immediate proactive steps and that was awarded about a month after that denial.)

I am used to the VA ignoring my evidence- in the past -

I just did not think it would happen again- especially after my vet rep had two conferences with them over it-

so it would definitely be considered-

It is time for me to get tough with them-I have prepared War Plan # 3 and will start on it today--

The VA has totally violated my rights as a claimant, violated M21-1 as well as 38 CFR, and I now have personal proof of their newest stall tactic- if they do not issue a VCAA letter for a valid claim- the BVA will remand the claim-

if they do not address the evidence, it gets a remand,

if the claimant requested a DRO review but never got one, they will remand-

If the VARO fails to do all the above ,and the claimant does not get real proactive-they can put a claim in limbo for years-getting it off their desk.

And if the claimant dies in the meantime, they save money.

Why this VARO Always messes around with me- I cannot imagine-even my Chap 35 and Champva they messed with-

my vet reps have actually learned claims info from me and they see no reason why this main claim should not succeed.

So- I will check in here if I can but will be solely focused for next few days on getting this matter straightened out.

I am giving them a deadline for a response and then telling them (the VARO Director)exactly what steps I will take if they do not square this away fast and actually read my medical evidence.

Maybe I will dig out my old 1990 paperwork too- to see what tactics I used then-because those tactics worked.

breda i am getting the run around to , va sent me another ssoc,now they state my file was sent to washington, at radom, i never heard that one before,but i took care of ssoc,i think va is starting to feel the inpact,again i wish you the best,
Link to comment
Share on other sites

Brenda,

I always keep an eye out for what you are dealing with as I want to be aware of what is next on the 1151 agenda.

Get em and let us (me) know what war college has taught you.

Josh

Link to comment
Share on other sites

Frank- I dont know if you are asking Brenda or me (Berta)

"breda i am getting the run around to , va sent me another ssoc,now they state my file was sent to washington, at radom, i never heard that one before,but i took care of ssoc,i think va is starting to feel the inpact,again i wish you the best"

IS this a temporary transfer to the BVA? you should have a letter saying you have 90 days to supply more evidence-

or is the claim being sent to the AMC?

We are ALL getting the runaround.

Josh - on 1151- there are really only two facets-

bonafide medical proof of additional disability and

irrefutable proof that the VA caused the additional disability.

"1151" gets usually written on the c file for everyone at the VARO to see.

They take these claims very seriously but certainly will do all they can to deny them.

Again to anyone with 1151 claim- dont do what I did- I never had an IMO.

Everytime the VA stated I was not qualified to render a medical opinion as a layperson, I just kept sending them more evidence of malpractice.

In my case it was good that I had filed FTCA also because that got the situation into the hands of lawyers and doctors at VACO and like I said here before-

they all could read.

I won the tort before I won the Section 1151.

I get many questions aside from the forum on FTCA and 1151 claims.

Even though I have helped vets with these claims who also did not have IMOs- I feel very strongly at this point that a Section 1151 claim and a FTCA claim should be supported by an Independent Medical Opinion.

This is my advice from here on in- the claimant should obtain an IMO.

The Medical records and any other evidence should be in dated order as they occurred yet they can be tagged and identified in a separate page as to their importance to the claim.The IMO doctor should have a letter from you that highlights what malpractice you believe occurred and how it affected you.This should not be too detailed.

What I mean by highlighting is I tagged a 1988 med certificate and also numerous other med recs in the late 1990s for my claims. I used magic markers to identify the important parts of the record.

I then associated the significance of all of these on a separate page to prove malpractice had occurred.

The few medical texts I used to support the evidence was never used nor needed.

When a FTCA goes to General Counsel do NOT depend on the VARO to send them what they need. That is when someone takes from your c file the most important stuff.

And a vet should never attempt to file either type of claim (FTCA or 1151) without first obtaining the entire VA medical record.

War school- three important things I have learned

1. use the concept of parallel warfare maneuvers-

in regards to VA claims-I mean use every potential means to get the claim resolved.

If it takes putting pressure on the VA and your vet rep too- do it.

Or it could mean putting presuure on the head of the VARO you deal with-

in some cases it means getting a Congressional Inquery- but this adds months to your claim.

2.Know the enemy and access their intelligence

in regards to VA this means having a full knowledge of 38 CFR, 38 USC, and M21-1 in regards to your claim, a complete understanding of your medical picture, and also having access to the info you need in the above regs for the proper rating of your disability. Know what they know and use it.

3. Have Absolute Confidence that you will succeed.

If a vet has the evidence and nexus they need -regardless of the 'war of the word' games that VA will put them through- they must believe in themselves and that they will succeed.

Evidence is the only ammo a vet needs to succeed along with the determination to see the battle through to the end.

and one more thing- Always remember your buddies who are still fighting after your battle is over.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.


  • veterans-crisis-line.jpg
    The Veterans Crisis Line can help even if you’re not enrolled in VA benefits or health care.

    CHAT NOW

  • question-001.jpeg

    Have Questions? Get Answers.

    Tips on posting on the forums.

    1. Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery instead of ‘I have a question.
       
    2. Knowledgeable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title.
      I don’t read all posts every login and will gravitate towards those I have more info on.
       
    3. Use paragraphs instead of one massive, rambling introduction or story.
       
      Again – You want to make it easy for others to help. If your question is buried in a monster paragraph, there are fewer who will investigate to dig it out.
     
    Leading too:

    exclamation-point.pngPost straightforward questions and then post background information.
     
    Examples:
     
    • Question A. I was previously denied for apnea – Should I refile a claim?
      • Adding Background information in your post will help members understand what information you are looking for so they can assist you in finding it.
    Rephrase the question: I was diagnosed with apnea in service and received a CPAP machine, but the claim was denied in 2008. Should I refile?
     
    • Question B. I may have PTSD- how can I be sure?
      • See how the details below give us a better understanding of what you’re claiming.
    Rephrase the question: I was involved in a traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?
     
    This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial of your claim?”
     
    Note:
     
    • Your first posts on the board may be delayed before they appear as they are reviewed. This process does not take long.
    • Your first posts on the board may be delayed before they appear as they are reviewed. The review requirement will usually be removed by the 6th post. However, we reserve the right to keep anyone on moderator preview.
    • This process allows us to remove spam and other junk posts before hitting the board. We want to keep the focus on VA Claims, and this helps us do that.
  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • VA Watchdog

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

×
×
  • Create New...

Important Information

{terms] and Guidelines