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Varo Re-hires Mf


Berta

Question

Men and women- the Veterans Administration -Regional Office in Buffalo- after 2 Iris inqueries-this AM - has told me that my IMOs still "have not been received".

They were part of the Remanded claim from the BVA in Sept and my new vet rep sent the August 2006 one in with a 4138-(I sent it in again too)I have sent the 2004 IMos in 12 times-

RC told me yesterday they never had a SF 95 claim like mine over missing IMos and have to figure out yet whether it is tort basis or not-

I have additional evidence that it certainly could be.

I dont care about that-at this point-RC only has a temp file and the IMos certainly aren't there-I checked.

Am I nuts?

Does it appear to anyone else out there that there is something strange here?

The VA has received the (3) IMOs many times-( I sent RC a colorful printout of considerable priority slips and I have the tracking receipt confirmed).

One vet rep on my POA says he gave the DRO the first 2 IMos in Sept 2005 but the DRO in the SSOC completely indicates that never occurred.and the rep cannot prove that this happened.

This new vet rep says he sent the August 2006 one with 4138 referring to the others-in Sept 2006-and the VA doesn't have them.

The BVA sent my IMO copies back to VARO with the remand-in Sept 2006 and the VA says they haven't got them-

yet they had the nerve to say they are still working on my remanded AO claim-

without the IMos.

This happened to me many many times in the 1990s-

of course there is no real MF (mysterious force)

they are either a VA employee or a non VA vet rep-

someone seems to be taking this evidence out of my c file as soon as they get it.

I even sent it directly to the VSM.

My vet rep is pretty upset- after all the other problems I had with my POA-I believe he definitely sent the IMos too-but now it looks like he didnt.

He is contacting a higher ranking rep on the POA at the VARO-to try to see what is what-

something is very odd here ---and dejavu to what I went through before with them.

As bad as they are at this VARO they have helped plenty of vets that I helped get their claims squared away-

I just cannot comprehend what motive the VA has to do this-in my case-

and I cant figure out exactly who pays the MF-

(VA or Governor Pataki)

It appears that they have NONE of my medical evidence- in addition to the IMos too-

I dont get it and I guess I have to raise Hell again.

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Pete that was funny! -

I would put it a little differently as to a body part-

(I am dealing mainly with men)

But- you obviously must be a Watergate buff- this was the phrase our former Attorney General of the USA used when the Washington Post (owned by a woman-Katherine Graham) was publishing all the Watergate news and the AG was as culpable as all the others involved.

Wish Woodward and Bernstein were vet reps!- or better yet- would do a story on the VA-

I have no doubt that it might make Watergate look mild in comparison.

I said to the RC yesterday- pick a scab and it bleeds-it was regarding his question as to how I found out what they did to Rod.

Watergate was like this-

started out a small DNC burglary story on a back page of the Post-but to Post reporters Woodward and Bernstein,

something didnt seem right so they picked at that scab and uncovered an enormous scandal that caused a US President to resign.

I continue to be inspired by their work on Watergate.

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Guest jangrin

Berta,

There have been several posts over the last couple of months where the person who posted a response states that there is NO ACTIVE CONSPIRACY BY THE VA TO DISCREDIT VETERANS OR TO DENY CLAIMS. I think in your case there is!!!

I really think that you are a victim of some kind of personal attack and someone at the VARO offices is directly responsible for destroying your property and sabataging your claim. Whether it stems as an after effect of your win on Rod's 1151 claim I'm not sure. I get the feeling that there were some ruffled feathers back then and now the AO claim and your CUE claim are being stalled by the MF(mysterious force).

There is no reason for the claims people to omit any evidense from getting filed properly in the cfile. Unless there is a very disgruntled VA or SO person or persons who have made it a point to attack you through your claim and to keep you from succeeding on another claim.

I believe it is time for you to request a copy of the cfile-you need to know for certain whether the IMO's are in the file or not. You can not depend on a truthful or informative answer from anyone at the 800#. Once you can determine for certain if the IMOs are in the file you will be in a much better spot when talking to the general councel, SO, or anyone else having to do with your claim.

I think rather than paying for another IMO you would be better off spending the money for a FOIA copy of the claims file.

JMO

Jangrin

Edited by jangrin (see edit history)
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This is good advise Jangrin- I haven't gotten an updated c file in years-

I am waiting to hear back from my POA-

I actually believe the IMos are right in the c file-and just being ignored-if I know that they are there- I could use a different approach-to get them considered.

But I do believe that a disgruntled vet rep has a lot to do with this-especially if they are missing-

I cant say too much here -long story-but he is lucky he comes under the ADA laws -otherwise I think they would have canned him by now-I am not the only claimant he had whose claim he screwed up-

I dont even think I need another IMO-

I might need a lawyer-if I find this vet rep had sticky fingers -he will be sued.

I had hoped counsel would just go over to the VARO- see the IMos are there and come back and call me up-

I would have asked him just to document they are in the c-file and then I would withdraw my FTCA property damage claim.He cannot control ,under VA jurisdiction, if evidence is read or not.

He didnt do that. He is still figuring out if it all comes under tort law.

He has to do that because they never had a claim like this at the VA before and he has to come up with something for the charges I made.Checking the file is the last effort on his list I think.

He doesnt have to-I am sending him a copy of the Iris reply and a similiar case in the fed court that shows-in my opinion- this is a tort claim.

I told him yesterday money is the last thing on my mind-I just want the VA to acknowledge my evidence.

The IMOs were well worth the cash I paid for them and I am willing to get another- but what good is that if they dont read them?

That presented a problem to VA too because he would have to determine if they owe me a reimbursement.But I dont want a reimbursement. I want due process.

It took me years to get due process from VA in the 1990s.It was sweet and glorious when it came.

The BVA gave me due process due to the remand this past September.

When you have to fight for due process and then you get it-it is a glorious victory.

Terry Higgins knows what I mean.

{PS this claim could easier be worth 1/4 mill. I have to consider that too when I wonder why they dont consider my evidence)I am a Nehmer class action widow.

Edited by Berta (see edit history)
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Guest jangrin

I worry about veterans who are very sick and are waiting and waiting to get their claim approved. I worry about families and spouses who are left alone when a veteran passes away before the claim is rated or the appeal process is complete.

As you know I posted a question about the presidential impartial commission that was started to check into the claims process. Some of the reccommendations seem to be going in the direction of

1. the claim dies with the veteran- no benefits if the SC and rating is not made before death

2. DIC is only for SC wife who vet was rated before death with no upgrade to rating

3. retro payments only for up to one year maximum

These are just a few of the things this commission is supposed to be checking into. And now this is the same commision that is going to do a telephone interview with diasabled veterans rating their satisfaction with the Va system.

How many of the veterans on Hadit have been contacted that they will be part of the survey/study group?

Anyone out there received a letter or notice about this? I am sure no one working through the actual claims process who is still waiting to be rated, will be part of this survey.

Berta, you have been at this one claim, for going on 5 years. What happens if they decide to limit the benefits to max one year. There really must be a way to force the issue so these claims are rated in a timely fashion. The VA claims process seems to be a system of abuse to veterans by being a system so slow that the vets risk dying from their illness before a rating determination can be made.

Jangrin

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This is good advise Jangrin- I haven't gotten an updated c file in years-

I am waiting to hear back from my POA-

I actually believe the IMos are right in the c file-and just being ignored-if I know that they are there- I could use a different approach-to get them considered.

But I do believe that a disgruntled vet rep has a lot to do with this-especially if they are missing-

I cant say too much here -long story-but he is lucky he comes under the ADA laws -otherwise I think they would have canned him by now-I am not the only claimant he had whose claim he screwed up-

I dont even think I need another IMO-

I might need a lawyer-if I find this vet rep had sticky fingers -he will be sued.

I had hoped counsel would just go over to the VARO- see the IMos are there and come back and call me up-

I would have asked him just to document they are in the c-file and then I would withdraw my FTCA property damage claim.He cannot control ,under VA jurisdiction, if evidence is read or not.

He didnt do that. He is still figuring out if it all comes under tort law.

He has to do that because they never had a claim like this at the VA before and he has to come up with something for the charges I made.Checking the file is the last effort on his list I think.

He doesnt have to-I am sending him a copy of the Iris reply and a similiar case in the fed court that shows-in my opinion- this is a tort claim.

I told him yesterday money is the last thing on my mind-I just want the VA to acknowledge my evidence.

The IMOs were well worth the cash I paid for them and I am willing to get another- but what good is that if they dont read them?

That presented a problem to VA too because he would have to determine if they owe me a reimbursement.But I dont want a reimbursement. I want due process.

It took me years to get due process from VA in the 1990s.It was sweet and glorious when it came.

The BVA gave me due process due to the remand this past September.

When you have to fight for due process and then you get it-it is a glorious victory.

Terry Higgins knows what I mean.

{PS this claim could easier be worth 1/4 mill. I have to consider that too when I wonder why they dont consider my evidence)I am a Nehmer class action widow.

Berta, did you get a dated, receipted copy of the IMO when you submitted it/them?

I got the same lost treasure crap once, faxed them the first page with receipt stamp

and their eyes got good enough to find the hopelessly lost file in one day.

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  • HadIt.com Elder

my MF must be related to your MF, it is amazing how when the evidence gets handed into the front office and gets date stamped and I have the copies to prove it, that when the denial letter comes it always seems that the evidence is not on the evidence list, so when I NOD it about not considering the "missing" evidence I get some letter about they did consider it and it is listed and I just don't know how to read, kind of like the letter from Dec 7 2005 stating that I agreed to drop all my appeals in exchange for the 100% P&T rating for PTSD, when in fact I have never signed a letter to that effect, all of them have always said the heart problems and the PTSD and then they can close the other appeals, they can't seem to find that letter either, but they sent me a screen shot where it shows the PTSD awarded 100% P&T and then on secondary issues it plainly states arthersclerotic heart disease 7003 or something to that effect I hope your MF isn't getting paid more than my MF, in my opinion all the MF are getting overpaid at the VAR|O

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Testvet, It took me 12 years to get the VARO to look at my evidence. I finally nailed them on a CUE for not applying the correct regs to the information they had.

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Testvet, It took me 12 years to get the VARO to look at my evidence. I finally nailed them on a CUE for not applying the correct regs to the information they had.

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jangrin - those posts that you spoke must have come from a poster from other sites that are very pro VA. There are some in which if you even infer that the VA may be wrong you will end up on the bottom end of a bunch of flaming posts. Most indicate that you must be worthless and are simply trying to get a dollar out of the VA. These guys are the ones that got lucky and sucked up to the VA and got thier 100 percent without much trouble. I'll bet that these same guys would sing a different song with the VA had screwed with them like they have most vets.

Sometimes you will get luck and get a dedicated rater who really loves his/her job of helping vets and will give you a complete review and fair evaluation. However, that is in the top 1 percent of raters. the other 99 percent simply sit around collecting a check. If forced to work a claim it pees them off and they take their revenge out on the vets of the claims they have to work.

Berta - I guess that you and I simply have that relationship with the VARO that tends to bring out the MF in every dealing we have with the RO. I have send them a written request for a hearing at the VARO NINE TIMES IN THE PAST YEAR. However, they continue to deny that it exists and request that I resubmit if I desire such a hearing. Oh well. Guess it gives the BVA something to remand for. I have also requested a hearing with the BVA. I will rep myself and at the start of the hearing I will make it known that since the varo is violating the law by not providing the required due process to vets and other denial of veterans rights that I now waive those rights and this waiver is being done so in an effort to stop any remands of the appeal back to the ro for the violation of such rights.

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  • In Memoriam

PTSD:

Pools of sorrow, waves of joy are drifting through my

open mind possessing and caressing me.

Nothings gonna change my world, nothings gonna change my world, nothings gonna change my world, nothing gonna change my world.

---John Lennon-

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Stretch- good point- an apt definition from John Lennon for PTSD----

I myself have been playing some Eminem stuff-one song he wrote ("Puke" should be dedicated by vets to the VA)-

"You dont know how sick you make me,

you make me $%&*$ sick to my stomach!"- Marshall Mathers aka Eminem

However- I am putting the squeeze on my POA today-

Yesterday's email from my VARO indicates that -even my POA's recent (August 2006) submission of my IMOs again and their POA 21- 4138-statement in support-

somehow never arrived- although these submissions are sent by POA PCs directly to the VARO-

(if they are actually sent by the POA)

Something sure smells here- and the stench just got worse.

Jangrin:

"1. the claim dies with the veteran- no benefits if the SC and rating is not made before death

2. DIC is only for SC wife who vet was rated before death with no upgrade to rating

3. retro payments only for up to one year maximum"

Of course each of these statements are in direct violation of established VA regs and Case law to Include Bonny V Principi-ALL accrued benefits will be awarded the surviving spouse,upon award of posthumous retro.

But -Vet reps and Sos do tell spouses this crap-

just last week I had email from a vet org widow's claim-

she was told the same stuff you posted-by a vet rep-

She has excellent DIC claim and claim for accrued benefits and also some IMos already.

She didnt buy what the rep was selling- got into 38 CFR and is just livid to find he was totally wrong on all accounts.

In this situation- if she did not file the 21-534 until a year after the vet's death had passed-thinking she did not even have a claim-and gets an award-

and can prove this info came from her vet rep (always best to get their remarks in hard copy)

she could sue this rep in State court for negligence -as she would have been financially damaged by his lousy advise, as to any potential accrued benefits (application has to be made within first year after death) and

for a whole year of DIC (or more) that she lost due to the rep's advise.

I wonder -if we get the right to hire lawyers for our claims- will they also look into potential negligence suits against some of our former vet reps too?

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Guest jangrin

I wonder -if we get the right to hire lawyers for our claims- will they also look into potential negligence suits against some of our former vet reps too?

I would venture to say that the lawyers would make a lot more from a negligence case than they will from a claims case. Penalties can really be a mf (motivating force) when your talking fees with an bottom dweller.LOL

I think there will be some limits similar to the ones the SSA has on attorneys fees. I certainly hope so. There will be a select group of lawyers who will specialize in VA cases. If they don't limit fees in some way the Lawyers will bombard the VA and the fees will be over the top. Negligence cases would probably be seperate from claims and treated more like personal injury cases. JMO

Jangrin

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I agree with you Jangrin-there is money in negligence claims.

"There will be a select group of lawyers who will specialize in VA cases"

After the holidays I am going to do some networking here - to see if any lawyers out there are considering this yet-

I have this image of a vet going to a lawyer to handle their VA claim-

the vet sits there and rattles off VA regs etc and the lawyer takes notes-

the lawyer probably interrupts continually to ask what the VA lingo means.They will probably need the abbreviation info here at hadit. (my kid overheard me talking to a vet or rep one day and said it all sounded like a foreign lanquage-SOC, NOD, SMR, TDIU, etc - it IS a foreign lanquage)

I had my lawyer handle a case I had -a few years ago-

I walked in- with all of the evidence- at our first appointment-I just needed him to show up in court with me and he did and I won a settlement.

Of course he did much more than just the court appearance- but the point is- especially on VA claims-

we all still would have to present the case to an attorney and show up-at some point- with all the evidence.

A lawyer won't want to look at claims paperwork so mishandled that it looks like doilies and they sure aren't going to get the stuff in order either.

I guess it is best to think about this all now-if lawyers become a reality for handling claims- as far as being organized.

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