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The Value Of Research-


Berta

Question

you all know- and are probably tired of hearing this-

that VA denied my AO direct death claim due to lack of diabetes diagnose and due to lack of diabetes as contributing -on my husband's death certificate.

I obtained a complete IMO from Dr. BAsh, who determined that the veteran did have diabetes, reflected in numerous statements and lab tests etc in Rod's med recs.and including the veteran's autopsy.

The VA has refused to even read the IMO and I recently sent it to their director who I believe is literate.

It is not complex and fully states the rationale and references the specific medical records, etc to render the opinion sound- also another VA doc had sent me an additional opinion-brief but Dr. Bash felt it was very helpful and he incorporated this other opinion into his.

Also I pursued getting my husband's death certificate changed over 3 years ago-

For over three years I have not had a good response from the ME-but really did not pursue it-enough.

the Medical EXaminer , two years ago, sent me a letter stating that he could not rule in or rule diabetes but the veteran exhibited no ketoacidosis, or diabetic glomerosclerosis, indicating diabetes at death.

He stated this was the criteria at the ME's office to determine undiagnosed diabetes.

When I reviewed my War Plan this AM ( that is the tactical plan I developed to get my claims resolved)

I realised that I had overlooked this significant medical info about my husband's autopsy ,that is erroneous-since I now fully know what these medical terms mean.

The Med Examiner has changed and I have contacted the new one- as I realise that with the death certificate changed (and I have helped others get them changed in other states)

the VA would award on that basis or on the IMO- if they ever read it.

Either way- they would have to award.

Also I have significant info that an Oral pathologist would be able to render a DMII opinion on-yet I hesitate to send VARO another costly IMO when they have been unwilling to read the initial one.

But I am pursuing that too-

My long point here is this-

within a mere ten minutes on the net at good medical sources I found enough probative medical info to emphatically challenge what the former Medical Examiner stated to me.

The autopsy, as the ME stated in 2004 "cannot exclude" DMII, and suggested the IMO -which the ME than chose to ignore Dr. Bash's IMO-ljust like the VA did- are they in cahoots?

Just kidding there -??? This Medical Examiner's office -as far as I know-handles all autopsied deaths in Steuben County which would include any autopsied vets who die at the Bath VA or are patients of the local Bath VA and yet died elsewhere in Steuben County.

I have certainly seen at hadit -when a vet is willing to do the leg work- and I regret that any vet has to do all this-that legwork and persistence does pay off.

You have to try any approach you can to get the evidence you need to get your claim resolved.

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you all know- and are probably tired of hearing this-

that VA denied my AO direct death claim due to lack of diabetes diagnose and due to lack of diabetes as contributing -on my husband's death certificate.

I obtained a complete IMO from Dr. BAsh, who determined that the veteran did have diabetes, reflected in numerous statements and lab tests etc in Rod's med recs.and including the veteran's autopsy.

The VA has refused to even read the IMO and I recently sent it to their director who I believe is literate.

It is not complex and fully states the rationale and references the specific medical records, etc to render the opinion sound- also another VA doc had sent me an additional opinion-brief but Dr. Bash felt it was very helpful and he incorporated this other opinion into his.

Also I pursued getting my husband's death certificate changed over 3 years ago-

For over three years I have not had a good response from the ME-but really did not pursue it-enough.

the Medical EXaminer , two years ago, sent me a letter stating that he could not rule in or rule diabetes but the veteran exhibited no ketoacidosis, or diabetic glomerosclerosis, indicating diabetes at death.

He stated this was the criteria at the ME's office to determine undiagnosed diabetes.

When I reviewed my War Plan this AM ( that is the tactical plan I developed to get my claims resolved)

I realised that I had overlooked this significant medical info about my husband's autopsy ,that is erroneous-since I now fully know what these medical terms mean.

The Med Examiner has changed and I have contacted the new one- as I realise that with the death certificate changed (and I have helped others get them changed in other states)

the VA would award on that basis or on the IMO- if they ever read it.

Either way- they would have to award.

Also I have significant info that an Oral pathologist would be able to render a DMII opinion on-yet I hesitate to send VARO another costly IMO when they have been unwilling to read the initial one.

But I am pursuing that too-

My long point here is this-

within a mere ten minutes on the net at good medical sources I found enough probative medical info to emphatically challenge what the former Medical Examiner stated to me.

The autopsy, as the ME stated in 2004 "cannot exclude" DMII, and suggested the IMO -which the ME than chose to ignore Dr. Bash's IMO-ljust like the VA did- are they in cahoots?

Just kidding there -??? This Medical Examiner's office -as far as I know-handles all autopsied deaths in Steuben County which would include any autopsied vets who die at the Bath VA or are patients of the local Bath VA and yet died elsewhere in Steuben County.

I have certainly seen at hadit -when a vet is willing to do the leg work- and I regret that any vet has to do all this-that legwork and persistence does pay off.

You have to try any approach you can to get the evidence you need to get your claim resolved.

I am no pro at this But I have found out the more the Veteran does for himself or herself the better off the Veteran will be . I hit the regional Office with every thing I could ,Statments from work ,Docters , Freinds that know your problems, Evidence of all treatments ,surgerys,even proff of not being able to do Things at work! And if you need to Complain do it! the squeeky wheel gets Greased.The more Things you have to prove your claim the better. It's like a job put the hours in and you will get paid. If you as the Veteran Know that the evidence is there Keep trying to get it . It took me almost 15 years to find my Medical files .The only reason I did was because I kept trying and trying year after year. Commit yourself to the cause. Don't let the VA chase you away!

Macool

No body is going to give you what you want You have to be willing to fight for it

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Berta,

I remember your claims from when I used to post pretty regularily on Hadit a couple of years ago. Have you thought of trying the remedy of a Wrtit of Mandumus? I know this is an extreme measure and the Court very,very, very rarely grants one. However, if your evidence is as solid as you say they are, then you might have a chance. You said that your RO keeps ignoring your IMO from D. Bash. Is there a possibilty that there may be something else in your C-file that is causing the RVSR and DRO to not give as much weight to that IMO as maybe they should? It also may be, as you've previously posted, that a bad RVSR and an inexperienced DRO happended to be assigned to your claim, and rendered bad decisions. I'm not trying to be negative by any means, just trying to help figure your situation out. As you just posted, it may be the whole thing with the autopsy and maybe the VA can't grant the benefit unless that is corrected. Just a thought!

Vike 17

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I filed a Writ of Mandamus many years ago -the court denied but the claims were eventually resolved- I just filed it to get letters from lawyers -in case I needed them.Got 12 or 14.

Vike- I have gotten lots of cash from the VA.It must add up to a staggering amount.

Unfortunately this is the only remedy for wrongful death under the FTCA.Cash.

The problem with my claim is this- and my vet reps agree-

Due to the Nehmer stipulation and Court Order and due to conversations I have had with Ron Abrams-NVLSP-

the retro will be overwhelming-

once they grant the AO claim I am sure they will not pay the retro and that is when NVLSP said they would step in on my behalf. Nehmer claimants only- they said my claim was the first of its kind.

This is just like the past problem I had- bonafide evidence-which they ignored for years that resulted in a large settlement with the US of A.

It all boils down to money. When I filed this oresent claim in 2003 it was for Peace with Honor and REPS -a few other ancillary benefits and more Chapter 35-

I had no idea until I talked to Ron Abrams about it- what kind of money it involved.

Again this is only because of the Nehmer Order-

NVLSP represented Beverly Nehmer , a widow of an AO vet,and won the Nehmer Stipulation.

I hope I dont sound discouraged. I actually love fighting with them.

Thanks for your interest.

Years ago Twenty NY lawyers and also my NSO with the DAV (my former POA) said I did not have a chance on the FTCA. My DAV SO didnt think any of my VA claims would succeed although he did represent me. He found out I won all of my past claims , while in the DAV's lawyers office when I deposed him for a lawsuit I filed against him for discrimination in his handling of my VA claims -in the federal courthouse in Syracuse -long story there-

The DAV lawyer actually pulled me aside and complimented me on the settlement I got. He seemed flabbergasted when I first whipped it out.My former SO excused himself and I heard he was sick in the men's room- maybe something he ate. The DAV lawyer told me I should go to law school, NY needs good lawyers and that it was an extremely large settlement to get.He was very interested that I did the legal work myself. It was actually easier than any VA claim I ever had-but lots of reading-medical stuff- I do not recommend anyone do what I did however. You have to be real tough with General Counsel or their deputy counsel. That is best done by real lawyers. But I liked doing that part of it all a whole lot.

In Look V Derwinski the VA was found to have been prejudiced in using a Section 1151 situation against a claimant. It happens- there are people at my VARO who see the large settlement I made with the US of A and it makes them sick. They also see in my file that a CUE claim I lost at the BVA was granted by regional counsel anyhow a few years ago. About 40,000 more there-retro DIC.

The Chapter 35 benefit and my CHAMPVA that the VA denied I have also recovered and then got 12,000 more in a mathematical error they made last year.(it took me a few years to catch this one)They resolved that in 3 weeks.

They think I have cost them money- the reality is that their incompetent negligent doctors have cost them money, not me. I intend to fully succeed on my present claims. The medical evidence is solid and they seem to be afraid of Dr. Bash.

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Rick- that jump on the DDD award is really good! I commend you- looks like they turned on the NOD-on that one-

I know you have done a lot of research and you have given great tips here to everyone-

The VA's Schedule of Rating Disabilities- in 38 CFR-I wish they would attach that to every denial because a vet can certainly often fit their documented evidence into higher rating levels-and by explaining this to VARO with the specific rating schedule-

this alone is one thing these SOs do not take the time to do.

If they would can 75 % of the S0s and vet reps and start an IMO fund for vets with good evidence-with the salaries they saved- I think that would do more good than POA representation.

Vets who succeed could send an agreed upon amount back to the service org- vets who dont succeed would owe nothing to them-

well that will never happen-

but we are our own best SO we can get-

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