Threat From Poa

[Berta]

It is pretty bad when your own POA main office threatens to drop you yet they did not take proper steps to keep your claim out of the crapper.

I threatened them too. This letter I just got from them is a beauty.

My new vet rep did send a 21-4138 in to ask for a remand but Rods 5 volumes of stuff and my appeal were already on the way back to the RO.

They assured me, even after threathening me , that I will now receive adequate representation from them.

Question all---I have 3 IMOs that support my claim- none have been addressed by the VARO- Dr. Bash's most recent IMO totally knocked down the VA "expert" IMO. This letter from my POA indicates however that another VA medical review will take place-

am I being set up for another screwing????

Sounds like a fishing expedition to me-

I think I will get a second opinion on this situation from NVLSP.

I say 3 IMOs because the freebee I got from a former VA doctor was brief and dynamite- Dr. Bash liked it a lot-it was short but still an IMO based on the veteran's records-

So three to one = Relative Equipoise-Benefit of Doubt-

Why would VA fight that with an additional opinion and who would possibly write the opinion?

The crap opinion came from their "expert" in endocrinology and although it was riduculous it actually supported the claim anyhow.

Edited September 18, 2006 by Berta

[Arch]

It is pretty bad when your own POA main office threatens to drop you yet they did not take proper steps to keep your claim out of the crapper.

I threatened them too. This letter I just got from them is a beauty.

My new vet rep did send a 21-4138 in to ask for a remand but Rods 5 volumes of stuff and my appeal were already on the way back to the RO.

They assured me, even after threathening me , that I will now receive adequate representation from them.

Question all---I have 3 IMOs that support my claim- none have been addressed by the VARO- Dr. Bash's most recent IMO totally knocked down the VA "expert" IMO. This letter from my POA indicates however that another VA medical review will take place-

am I being set up for another screwing????

Sounds like a fishing expedition to me-

I think I will get a second opinion on this situation from NVLSP.

I say 3 IMOs because the freebee I got from a former VA doctor was brief and dynamite- Dr. Bash liked it a lot-it was short but still an IMO based on the veteran's records-

So three to one = Relative Equipoise-Benefit of Doubt-

Why would VA fight that with an additional opinion and who would possibly write the opinion?

The crap opinion came from their "expert" in endocrinology and although it was riduculous it actually supported the claim anyhow.

Berta, let them drop you. Then acting in good faith cause them no end of grief by petitioning Congress to disallow thier representational status. Use this against thier own sons of bxxxxxx and then see how long it takes to get the release of POA status from them, It took me 3 years to get rid of the Americam Lesion (yes thats the sore they are) Then things strted to go my way. They are so busy sucking up for a Govt Job if your VARO trips then the POA will need a tow truck to pry himself outta the VARO's Ass.

I still say the best help you will ever get is at the ends of your own hands.

Arch

[Berta]

To clarify this- I threatened them first----

in any event I see in this letter that I have not only the new vet rep locally but a different SSVR at the VARO level---hmmmm--that is good news!

I threatened them again today before I got this letter- it doesn't matter- men and women I want my POA to be the BEST in the state- vets have enough problems in NY-with DAV and AL---

I am only half way thru 2006 at their cases at the BVA and the remands under same VCAA violations are numerous-and should not have occurred.

When they see what I mean and it is supported by NVLSP in the new VBM-as well as their own remands-

and it is what happened to me-one of many ways my rights were violated- they will understand and we can all make up-I hope-

I am concerned that these VCAA violations are hurting vets I personally know-and whether I do know them or not- this area has a large vet population due to the local VAMC, and this is certainly not what one would expect of a POA at all. The only other local POA is the County Veterans Service Center and they dont have a clue on claims. They are good for getting DD 149s, property tax info, and stuff like that.

[Guest jstacy]

Berta, hang in there and keep on giving it to them.

It is plainly evident that the VSO's are in the game for political gain and not really helping Veterans. They act like they were VA employees.

It is time for a Major change. I was thinking of a charter to call a new group called the VHV. (Veterans Helping Veterans).

We could appoint Vets from each state to set up an computerized system to assist Veterans with their claims.

This group could help Veterans by using the regulations posted in the directives, Gather all the evidence a Veteran needs then file the complete claim for the Veteran.

Nothing and I mean "nothing" is more powerful than a group of people who know the regulations and have successfully fought the VA and have prevailed. It would be the most powerful network to date.

We would not need to be wasting our time by attending conventions wasting members money paying for hotel rooms for reps.

It would be a huge undertaking but it can be done.

[Berta]

I don't mind the "abuse" Terry- it has allowed me to uncover RO and POA errors that affect many New York state veterans-

I can pressure for changes for adversely affected veterans in my state on my POA.

Their Western division-which I am in- handles thousands of veterans and widows claims.

I don't see it as abuse at all- it is a fight for the rights of all adversely affected veterans and widows in the State of New York who are also with this same POA.

I cannot change these continuous violations of the VCAA at the Buffalo RO and thru my POA if my claim is sitting around at the BVA for years collecting dust.

Abuse? this is a cake walk---it will take up a lot more time than I thought- but I am just delighted at the opportunity to be able to reveal, with evidence, what NYS vets are putting up with.

When lawyers get the right to represent claimants they might well see the class action potentials for adversely affected veterans whose rights have been violated by R0s while vet reps allowed this to occur.

We help countless veterans here daily to support their claims with evidence etc-but if they were denied and didnt get the VCAA Notice in the first place-our work here is wasted-

the VARO will NOT consider their evidence.

R0s seems to only be working claims that have a VCAA Election Notice in the file. The other claims in my way of thinking-are doomed---and will be remanded after a 2-3 year long wait at the BVA-

Maybe that is acceptable for some claimants- it is unacceptable for me and I will not stand for it.

I refuse to allow NYS vets continue go through this-and think that their claim is being worked on properly-especially those with my same POA-thousands of vets- as I have proof positive that this is occurring in the Western division of New York State.

I am still accessing the first half of 2006 Remands with my POA on the brief- at the BVA web site- Remand, Remand, Remand,Remand---one after the other- and why?

Violation of the VCAA.

This long list will be sent to my POA for an explanation of why they have allowed this to occur.

Edited September 19, 2006 by Berta

[vaf]

Berta, I'm going to do the same kind of search for VCAA violations at the VARO in my state. I think it would be of value for other veterans in various states to do the same.

Berta's got New York state, I've got Louisiana. Let's get a number based on that issue alone and report back here.

Any volunteers for the others?

[Berta]

Vicki I sent my vet reps a list and they did not seem to even care.

I guess the best thing a vet can do is be proactive and if they dont get a VCAA Notice, tell the VA to send them one.

Even the Dingess HArtman letters- bet lots of vets didnt get them either.