Varo Re-hires Mf

[Berta]

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.

[Pete53]

Sounds like someone knows that their teat is in a wringer.

[Berta]

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.

[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 December 12, 2006 by jangrin

[Berta]

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 December 12, 2006 by Berta

[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

[Objee]

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.