Extraschedular Consideration

[Berta]

Please read the info in my Macklem V Shinseki post above

[Berta]

Free Spirit said:

"Berta,

I am still struggling with how they can even order another medical opinion in your case. It seems like a fishing expedition to me."

This is something I have never seen before in 20 years.

The OGC requested an opinion that was regarding my FTCA, actually they had about 4 Peer Reviews done, maybe more.

They would have never settled with me, if any of those opinions went against my established medical evidence of malpractice.

he didnt die of a hang nail ,he died due to multiple malpracticed disabilities, wrong meds, undiagnosed and ubntreated IHD, undiagnosed and untreated DMII, and improperly treated CVA (Stroke)

They already made awards on those bases.to me.

The specific opinion someone went against recently at my RO involves HBP, malpracticed on, only one of the " multiple deviations" in proper medical care that caused my husband's death.

I had not claimed it before and am still eligible for accrued benefist as paid by my 2012 award letter.under 1151.and direct SC.

The opiner they went against from VACO is still at VACO, Dr. Pamela Steele, her healthgrades run down shows the expertise she has in all cardio issues as well as HBP .Her background is impeccable and outstanding.

I dont even think any medical professional at my RO wrote this opinion that denied my claim.

Whoever they were they cannot read.

And then the VA failed to make a statement, (which they MUST make on ALL denials) as to why my claim did not raisee to the level of Relative Equipoise for Benefit of Doubt...another CUE I filed immediately with the VARO.

So I have one fully probative opinion from a Top Cardio doc in DC, and one opinion that reads like it was written by whoever fills their paper cup thing for this VARO's water dispenser

and YOU are the sole person here who gets it.!

and the ramifications it can have for ANY claimant. !

Like I stated somewhere here earlier today,

Am I going to get another VARO 'medical' opinion that my husband is no longer DEAD????

You get it.

THANK YOU!

I am frustrated even being here with this issue.

because if no one cares about my VA problems, so be it,

but if they become victimized about this same crap, then we will hear more input.

YOU GET IT.!

I am VERY grateful to you.

I have to leave for church. I always pray for the VA, and how I hope they will eventually all learn basic VA 101 and apply it to all of our claims., which means they also need to be able to read.

Edited March 22, 2015 by Berta

[kate7772]

I, like free spirit, often struggle when reading your posts, simply because I know so little about all this. But, with each post I learn something new and continue to be amazed and horrified that VA has and continues to cause you so much grief.

I'm so thankful that you continue to fight them, for yourself and all of us.

In my own much smaller way, I am attempting to follow your lead in not letting them get away with anything. If nothing else, I will annoy them until they relent and admit their mistakes. I so wish I had your knowledge. But, I learn a bit more each day from these posts.

Keep fighting and thank you.

Kate

[Buck52]

I think were all blessed to have Ms Berta as a hadit elder member , she knows her VA Law that's for sure!

..............Buck!

[63SIERRA]

one caveat that may affect thier scheme to reduce or deny is the fact that at least as comprehensive of a examination and testing that was used to initially award, must also be used to reduce, so if the spouse whom is now deceased cannot be examined, how can they do an examination.

This is how the cockroach organization called the VA operates, they look for more intricate ways to screw the veterans over, than ways to help.

[63SIERRA]

I learned a new word yesterday.. PROPITIOUS. one day , they will pay, and I will be propitious in my endeavor!!!!

Berta I want to tell you that recently I had a spiritual awakening, I know prayer is powerful and know that God is working in my life. thank you and keep fighting the good fight,

Edited March 22, 2015 by 63SIERRA

[Berta]

WONDERFUL!

I had an experience on Good Friday 2 years ago and it has drastically changing my life,I was always a church goer but changed my religion, last year due to my Awakening..... the basics were the same however...I have always LOVED JESUS and He Loves me!

Sierra said

"one caveat that may affect thier scheme to reduce or deny is the fact that at least as comprehensive of a examination and testing that was used to initially award, must also be used to reduce, so if the spouse whom is now deceased cannot be examined, how can they do an examination."

They have done multiple post mortem peer review exams and C & P exams on my husband, posthumously.....I added up to at least 8 of them yesterday when I accessed the AO IHD exam.

Dead veterans cannot speak for themselves, their spouses have to aggressively challenge every bogus posthumnous C & P opinion they get. that could deny them DIC and any other ancillary survivors benefits..

Postmortem C & Ps rely on established medical evidence but if VA can make something up to deny, they will

They kept a 6 page Autopsy and full toxicology report from a C & P doctor once and he opined my husband died of an overdose of cocaine!

The only place he ever was at, without me was at Day Treatment at the Bath NY VA.The VA van had to transport him there and back home.

I raised so much Hell ,that the RO director's secretary answered a question I had ,with a bombshell.answer.

I asked if the Bath VAMC had any cocaine there.

She said ...........Yes. In their safe....liquid cocaine.

My Congressman , (my next call after hearing this)

called them up right away to see why it was there. long story .......not appropriate here

Make sure your spouses know you want to be autopsied.It wont hurt a bit.

My husband was an organ donor and that is why they did full toxicology and detailed autopsy report.

I had no idea when the Organ Bank called me that this autopsy would be critical to my malpractice claim.

I didn't even know for sure if I had bases for FTCA/1151. But 2 months later I did file those claims.

The C & P doctor (we talked since then) had been pressured by VA to write what he wrote.

He was stunned and angry to learn they had withheld this autopsy from him.

He knew my husband was completely drug and alcohol free.Only his VA meds were in his system at death.

The VA will go as low as they can go, particularly with surviving spouses.

We have to be tough.

That is why I went to a military war school for 4 years.

Edited March 23, 2015 by Berta