If Your Imo Was Ignored

[Berta]

I have accumulated sufficient evidence to prove that my $2,000 buck IMO was never reviewed, read, or considered by the Buffalo VARO at all. In Nov, it will be two years that they have had it.

Although I sent 8-10 copies of it -and more if I count the backs of other VA letters that I copied it to-

so they would see it-

I feel I have incurred "Property Damage" to the tune of $2,000 and I expect the additonal $2,000 IMO I just requested will be ignored to.

I am filing a SF 95 ,the first step in suit action against the VA under the FTCA and asking them for my money back.

If you paid real cash money for an IMO and you have proof that the VA never considered, read it, or reviewed, and never listed it as evidence nor referred to it in any narrative, whatsoever-

I think you too should download an SF 95 from the VA web site ,file it out, and send it to the District Counsel who covers your VARO.

Focus on Part # 10 on the form and list as witnesses the names of the VARO Director, their head VSM, and any DRO who it was sent to.

All of above, in my case, got this IMO from me.

I dont think the MF (mysterious force that hide stuff from my last FTCA matter and VA claims) hide my IMOs-I think the MF destroyed them

"Property Damage" as well as personal injury and wrongful death are the three causes of action you can file a SF 95 FTCA tort on.

Edited August 27, 2006 by Berta

[john999]

Berta

Your experience jives with mine over the years. I had my doctors reports ignored early on when I most neede help. I have no doubt that the VA is ignoring your IMO's because someone has decided that they don't like the facts. If they list the evidence then they probably know that you will win on appeal and have basis for reaonable doubt no matter what their counter evidence or argument might be. You are leading the way on this charge. I imagine thousands of vets and spouses have been treated in much the sme manner.

[Berta]

My RO vet rep thought I had won in Sept 2005 when he read my IMO.The local vet rep I had somehow "forgot" I guess to tell him I had submitted these IMOs in Nov 2004 to the RO .My local vet rep did not want copies of anything in his office.He also said I could not send any more evidence if I elected the DRO hearing.Well I sent him email of the exact regs and M21-1 stuff- he was wrong- but he said the other RO vet rep told him this.I think (I hope) I am only POA claimant he told this gross lie too)

Long story-POA looking into all this at higher level-

My IMO was excellent with full medical Rationale based on all VA med records and the prior wrongful death award I got.

The RO vet rep thought at that point-(this all came as surprise to him that I had my IMOs for a year already and so did the VA.He was very supportive as the IMOs were in total support of my AO claim.

Then the same RO rep had a "conference" with the DRO- no notes taken and no referral in the SSOC to my IMOs as to this conference yet he called me and said he had presented the DRO with this evidence.

Now one boss (they all think they are the boss at their main office-the Governor is their real boss)

are trying to sell me something to cover their rears on the IMO deal.

I aint buying it.

You are correct in how you assessed this situation.A situation that happens to thousands of vets and widows.

[Ricky]

"You must find ways to combat it. ITS A WAR." Good statement. Although a little off topic but let us not forget the Spetnaz team lurking around commonly known at the Disability Commission. They are bringing the war straight to us.

[Berta]

Terry I dont feel abused or hurt at all! By the VA- after they killed Rod- how much more could they hurt me----

(in my POA issue yes I was abused but I have taken action there too and my new vet rep contacted me early this AM.)

I went through a lot with VA in the past and I REFUSE to be abused by them- I will legally continue to make their life miserable (by virtue of VA case law and regs)until they properly resolve my issues.

I dont mind this VA battle at all.

I am Real poed however on VCAA gate- and the VCAA SCAM that ROs are pulling on us which is increasing the BVA backlog on a daily basis.

[Berta]

PS all- my FTCA claim going in the mail today is not really to get $4,000 bucks out of the VA -I dont care about that-my IMOS are well worth it.

But it will get the attention of District Counsel.

He can read!

The VA employs some of the finest attorneys I know.

This is just one more way to attack their RO flanks and get them to read my IMOs.

The news I just got from VARO is outstanding-maybe I should hold off on the SF 95---

but then again- maybe not! My Statute of Limits has 3 more months left anyhow-

Heck why not- mailing it today