falsified documents

[wieser]

I have a claim for the residuals of mrsa, PCP failed to diagnose & treat.  Now at cavc, va has denied using totally false & misleading information and ignores all evidence even what is in my medical records.  When I filed my nod I requested a dro hearing, the rep at DAV got pissed and tried to start an altercation but it didn't work.this was on April 2 2013 , I got a denial on my nod and never got a hearing ,I checked my records and found that this DAV rep falsified a document and canceled the hearing I asked for.  The doctor, the Dav rep, my attorney, and everyone else involved with my claim all know each other. When I talk to my attorney, he tries to justify what the va does and ignores the Dav rep falsified document.   Any advise would certainly be appreciated.  Thanks.

[pwrslm]

Only Congress can change this, the Secty has authority to make regulations, and in the absence of regulations that strictly prohibit this behavior, nobody can do anything.

 

On the outside chance, the IG might take it up, but when the eyeballs are off the target, it wont change much until either internal or external forces change regulations to protect the Vets.

[FormerMember]

MRSA is not a disease per se and thus is acute and resolves. A disability has to be ongoing and chronic for remuneration.Take hepatitis A. You cannot receive compensation for it even if you had it in service. You heal and it becomes resolved. No more Hepatitis A. End of disability. By law and DC 7345, you cannot be rated for it at a compensable rate because there are no more symptoms. If you got smallpox while in service the same thing would apply. 

As for the DAV, the VA and your attorney all in the same room together yukking it up at your expense, how, pray tell, can you be simultaneously represented by both a VSO and a private attorney? Only one guy gets to hold the POA at the same time. If they're all close friends and play golf together, you might want to look for new legal help that represents you and not VA. I cannot imagine an attorney cancelling a hearing without your input pro or con. As for a VSO, they do it all the time without so much as a by your leave.

[Navy04]

Sorry bud, Asknod is exactly on the money bud. In my case I contracted MRSA from Walter Reed Medical Hospital in DC back in 2010, while recovering from Throat Surgery. My family and I fought it for a couple of years, and in my case it was Cut out 7 times and almost killed me as I have Crohns disease already, not a good combo. Anyways I did not even now to claim MRSA while I was being Medically Retired, and the VA/RO granted me 2 separate 0%s for the MRSA. Also I was granted another 0% for Shingles, due to the fact I had it 2x in one year, which from what I hear is very rare. Asknod is so right, even though we may come off as harsh, I don't see exactly what you are asking for, or the fact that All of your Professional Folks are in Cahoots, just hard to believe. I see that you are 30%, what are you SC for? What exactly are you seeking, cause I know sometimes Vets will go thru there SMRs, and think, there are a few scrape and burses that we can get SC for, but that is not how it works. There are a lot of conditions out there, that the VA just does not compensate for, no matter how bad we think it is. Good luck, God Bless and I apologize if I came off like I don't care, that is not the case at all, just don't want to see you chase your tail for nothing.

[pwrslm]

Falsification of medical records is a felony.  Presenting false evidence in an official government process might also be a criminal act.  Putting false information in front of a court is also illegal. 

If there is a crime in what you have gone through, and you can document that it exists (this goes to the beyond a reasonable doubt level), go to the IG.  The IG is responsible for investigating criminal acts by Government Employee's.  Close only works in horseshoes, remember that.

 

 

Edited October 6, 2015 by pwrslm
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[GuaymasJim]

pwrslm, I agree with almost all you have written except for the IG part.  If you are really going to go the criminal route, then your State's United States Attorney is the place to lodge your complaint.  Unfortunately, neither the IG nor the US Attorney get very excited over this type of behavior by fellow government employees.

[FormerMember]

Roger that. They suddenly become far more interested in you. Check out Keith Roberts' saga at the CAVC and the Fed. Circus since 2004. He did a few years at the Graybar Hotel and then they suddenly found him innocent.  An amazing tale that still hasn't been resolved.