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.

[Guest jangrin]

Berta,

I agree with all the posts here. the one thing that you evidently have that the VA does not -is- you have ALL the records. You have never given them originals, you have proof of mailing, you have used due diligence in ALL aspects of your case and have provided the VA with the evidence to prove your case.

In light of what is happening, I am sure there are a lot of people out there that are very paranoid right about now- like it was stated the other day, there is going to be some accusations flying and finger pointing when it comes to answer up time.

The benefit of any doubt in your case will go to you as you are considered the "untrained" litigant in this case. The VA are the entity who are supposed to be helping all of us because they are afraid we will be taken advantage of. Thats why we are not allowed lawyers. So the VA is in a position of trust for all verterans.

Here's some food for thought to pass around.

What if........ it is determined that there was indeed a conspiracy to destroy evidense?

I think it is or could be a CIVIL RIGHTS Violation, as the VA has more than a monetary obligation especially because of their position of trust in VA compensation claims. THIS LITTLE LAWSUIT YOU FILED, MAY BE BIGGER THAN YOU THINK. And the ramifications may be far more reaching than the government just paying a little fine for mailing fees.

JMO

Jangrin

[Berta]

"What if........ it is determined that there was indeed a conspiracy to destroy evidense"

and what if the conspiracy was NOT part of the VARO at all----

that is quite possible in my situation---

I am determined to find out what really happened to my evidence-

It really seems bizarre to me to even think about some VA 'conspiracy' -then again- the VA covered up my husband's true condition for many years- and I have proof of that in the medical records.

VA doctors made a conscious choice in 1992- when they still could have saved him, to overrule one sole VA doctor as to doing further testing.That former sole VA doctor,upon receipt of copies of his meds entries and some med recs, provided me with a very brief but very powerful IMO that was incorporated into my other 2 IMOs.He was the only VA doctor in over 6 years that had properly assessed the veteran's medical situation.

It might well be that this is the IMO they were afraid of and needed to ignore. It went to them attached to the Dr. Bash IMOs.

I went through a lot of crap when I filed for wrongful death over a decade ago.

At every turn they put a mountain in front of me- yet the Evidence prevailed.

But this situation is beyond my comprehension.

I won FTCA and Sec 1151 without IMOs --- and here I have 3 for the AO claim. Plus the considerable med evidence that I sent prior to even getting IMos.

Only one paragraph of one page of my evidence was ever referred to in an SSOC and my rebuttal was ignored. The VA's interpretation of that paragraph was medically wrong based on the very medical texts they use (which I use to).

My purpose on the charges against them under SF 95 is to perhaps establish some sort of way that any claimant, who paid for IMOs that support their claim and that find their costly evidence has been ignored , and never even mentioned in any SOC-

could potentially have recourse via SF 95 to at least get a VA lawyer to access the files to see what has happened to their IMOs.

This is a very unusual situation -even for the VA.

If my IMOs are found, they have to be addressed. If they are not found at the VARO- I have two alternative

"war plans".

I sent numerous copies of the IMOs to the VARO - and specifically sent them to the three VA employees I named in the FTCA-the VSM, the DRO and the Director-

I assume they all put the IMos into the c file. Two or three non-VA employees-however- had access to that file- my POA reps.

No veteran or widow should have to go through this crap and I refuse to accept it.

[Guest jangrin]

Berta,

"What if........ it is determined that there was indeed a conspiracy to destroy evidense"

and what if the conspiracy was NOT part of the VARO at all----

that is quite possible in my situation---

Would you mind elaborating on this please?Other than the VARO and the SO's who has an interest in this?I mean besides the vets themselves.

But this situation is beyond my comprehension.

I won FTCA and Sec 1151 without IMOs --- and here I have 3 for the AO claim. Plus the considerable med evidence that I sent prior to even getting IMos.

Only one paragraph of one page of my evidence was ever referred to in an SSOC and my rebuttal was ignored. The VA's interpretation of that paragraph was medically wrong based on the very medical texts they use (which I use to).

This one paragraph is evidense that they at least originally recieved and referenced the report, proving that you provided it to substantiate the claim.

My purpose on the charges against them under SF 95 is to perhaps establish some sort of way that any claimant, who paid for IMOs that support their claim and that find their costly evidence has been ignored , and never even mentioned in any SOC-

could potentially have recourse via SF 95 to at least get a VA lawyer to access the files to see what has happened to their IMOs.

This is a very unusual situation -even for the VA.

Berta, it is more than financial, the VA is causing physical and mental harm to the veteran and the veterans family , spouse, children. The vets welfare has been compromised.The VA whether through conspiricy or through simply negligance has caused harm to those they are supposed to be protecting. It's more than awarding benefits, they are the protectorate because according to that law from the civil war vets need to be protected. They are abusing their authority resulting in monatary, physical, mental damages to already injured veterans.

If my IMOs are found, they have to be addressed. If they are not found at the VARO- I have two alternative

"war plans".

I sent numerous copies of the IMOs to the VARO - and specifically sent them to the three VA employees I named in the FTCA-the VSM, the DRO and the Director-

I assume they all put the IMos into the c file. Two or three non-VA employees-however- had access to that file- my POA reps.

If the VA allows non VA authorized peple to have access to your medical records and you can prove it...

they are in violation of the HIPAA laws they have recently been inacted to protect your privacy rights. That too is a violation more than monetary.

No veteran or widow should have to go through this crap and I refuse to accept it.

You are correct vets deserve better.

[Berta]

Oh- I meant my vet reps as the non- VA employees-who had access to my c file at the VARO.

One specifically checked the file and emailed me that the IMOs were in it,prior to the DRO review.

He assured me that he would present them to the DRO personally to make sure they were properly considered.

That is when the IMOs 'disappeared'.

I have no evidence from the VARO that supports what he said and his main office could offer no explanation.

More importantly this POA continued to offer no support for the IMOs, (I dont think they ever heard of Dr. Bash and I have only seen one case they had at the BVA where the vet got an IMO), they again offered no support when the appeal was transferred to the BVA- or for the fact that my evidence had not been considered, and offered no support for the remand -based on violation of VA case law-a remand which I got anyhow.

You must wonder why they are still my POA-

it is because I am building a case against them -too.

However- I am also in the belief that they have learned a few things from me and the new vet rep has been not only supportive but has followed standard POA procedure. Something I didnt get for over 3 years.

Since Feb 2003- my claims and my evidence also 'disappeared' from their files too-both at the local and the regional level.

I sent the POA office a copy of the SF 95 only so that they were aware of it and should put it into my file there. September 2006.

Only 2 days ago did my new vet rep react to it-due to an email update from me on my status on it-he acted like this was first he heard of all this- I wonder if that too has disappeared from their file on my claims.

He very quickly assured me that he always sends my evidence to VARO and then said he would contact the proper channels right away (his main office)as to the SF 95.

They should have done that in Sept. They probably never even read the SF 95 or it vanished from my POA file there. He seemed quite concerned.

I sent it to his attention with a note to put it in my file there in Sept. and he acted like my email Monday was the very first news he had of this matter.