Update On

[Berta]

Regional Counsel still has all the RO files regarding my claims.

I called today to see exactly why they are there-

It is due to the FTCA I filed against the VA, naming 3 VA employees, in regards to the "destruction of my property" (3 IMos and mailing fees at cost and value of $4,500.)

The RG took this seriously. They never had a claim like this before under FTCA.

This kind of baffles me that- if the IMOs were in the files- this is the VA's defense and all they have to do is acknowledge them, accept them as evidence to support the claim or just send me some VA BS that I can fight with another IMO. I already talked to the RG about this .I would rescind the FTCA claim in a heartbeat if the VA honors established and basic VA case law on evidence by acknowledging the IMOs.

The files have been with the RG for almost a month.

This seems to indicate that they still have not found the IMOs.

I have a growing concern that this may NOT be a VARO problem at all.

They were not the only ones with access to my files at the regional office.

It is frustrating that the claims are being held up by all this-and the appeal team only has a temp file- but in the long run-I could have gotten denied again without them acknowledging these opinions-

glad I took action on this whole thing.

[carlie]

Berta,

I'm glad they are taking this FTCA seriously! Hang in there.

carlie

[Berta]

Carlie did you read that post I made on Section 1151 claims and the broader definition of "hospitalization?"

PS- I sent my vet rep a copy of the SF 95 for my file, some time ago- and apparently he never read it-

Today he seemed quite upset over it---and fowarded my email on this to the main office and others who had handled my claim prior to him.

My POA did not support that fact that the IMOs were never considered. Time after time they could have. Something is real fishy about the whole thing.

But I just love to go fishing.

Edited December 7, 2006 by Berta

[kkp]

Berta I love reading your post, but I don't know what a sf 95 is, perhaps you could enlighten me, and I absolutly love the fact that you are sueing the va and their employees. keep up the good fight and keep your nose up wind, It could get stinky. Also I will remember this (destruction of property thing ,) it could come in handy.

kkp

[Berta]

If I succeed-in getting the opinions read or in getting my money back (I really want the IMos read and not the money) I will tell every single vet org I belong to, and the whole vets community on the net, and the rest of the whole entire world.

It is against VA established policy ,regs, and case law to ignore and/or destroy probative and competent medical evidence-and if the vet or widow pays money for evidence,- it's probative value is enhanced and they should be compensated if the VA destroys or loses it-and therefore acts like it never existed.

That might stop the VA from ignoring costly IMOs. They sure dont do it often though.

They can disagree with IMOs -but that's different than ignoring it.

It is like sitting in the dark wondering if the enemy out there has a bazooka or a sling shot.

I cannot fight back yet with more evidence because I dont know what to fight.

SF 95- at the VA web site- the initial form one needs in order to file charges or suit against the VA.

It is a Federal Tort Claim against the US of A.

(My vet rep just sent me a very interesting CHA statement-(to cover his a--).I have been laughing since I got it. Maybe he is afraid I will file a legal charge against them too )

[carlie]

Berta,

Yes,I did read your post on "hospitilazation" I read all of your posts.

I haven't answered yet concerning what year I filed because I've been

staying in Tampa and don't have that info. with me -- I will get back

with you on it though, I'm going home late tonight.

The IMO's on your claim just HAVE to get full consideration I feel.

VA better come up with them, who knows next they might start

shredding C&P exam reports - lol

carlie

[olenavygoat]

I'm afraid it's only going to continue to get worse for all veterans fighting for th eright thing to be done with their claims. Seems to me they're going to put many, many vets thru a lot of pain and suffering to me.