Received letter in the mail today from John F. Merkel, Director of Tuscaloosa VA Hospital, as a reply to a call to the White House VA Hotline where I was asking for his actions to be investigated and he not be contacted directly ...

[StretchBones]

TThe letter says that it is in reply to a VHA Office of Client Relations inquiry that I made on June 14, 2017. I have never made an inquiry to that office, but I did call the White House VA Hotline that day and offer information on negligence. I also signed paperwork asking that I not be identified when I filed my complaint was being investigated. Mr. Merkel knows EXACTLY who I am, but I chose to remain anonymous in this complaint for other reasons. The WH Hotline employee was extremely rude and cut me off from being able to finish providing vital information and simply said that he would submit that information to the Tuscaloosa VA so that they could investigate. They gave a request to investigate negligence to the person ordering the negligence.

This letter contains misinformation, major contradictions, and downright lies  I have proof of this in the form of sworn statements from VA staff and veterans, correspondence with theVAHRC office, veterans' medical records , and other documentation. Point blank, the Tuscaloosa VA is outright denying ANY medical treatment or attention from veterans who are currently inpatient there   Here is the letter. I will reply with said proof shortly.

[broncovet]

Berta

    I apologize, but I dont hear well enough to listen to a podcast.  However, my son did send me a set of headphones, and, with those, I can sometimes hear well enough to actually listen.  I usually only read transcripts but there are apparently no transcripts.  

   FDR said, "The only thing to fear is fear itself".  The VA does a great job in instilling just enough fear to keep Vets in line, but not enough that they will rise up and do anything about VA retaliation.  I can not document MY retaliation, because they treat ALL Veterans like crap, so how can I call it retaliation?    Making me wait more than a decade for all my benefits is "what the VA does" to all of us, so how can I allege retaliation on ME?  

    Yes, they have lied to me.  And yes, they shredded key evidence, and did so over and over.  They even shredded my, "Special Claims handling request due to Evidence Mishandling" back from 2008.  I do have a documented VAOIG complaint from that.  The VAOIG told me to "tell the RO you were shredding".  So, I told them, and its documented in my RBA that "we dont think this is a legitimate case of shredding."   

    I want a RO decision denying my Special handling request, so that it can be appealed.  

     I have turned my own claims issues over to an attorney, and we are close to a BVA decision.  "With Veterans Law Judge".  I really dont expect to be completely vindicated, I expect to have to go to the CAVC again.  

     My attorney said that (for reasons I can not recall) the VA "isnt currenly moving forward on shredding cases."  You really dont see them in case law with the exception of Cushman, where VA fraudunetly modified a Veterans records in order to deny him.  

http://caselaw.findlaw.com/us-federal-circuit/1346393.html

     

Quote

In April of 1980, the Board affirmed the decision of the Regional Office.   Although the Board did not cite any particular evidence on which it relied in making its decision, the Board concluded that “the evidence fails to show the presence of symptomology which would preclude sedentary employment.”   The medical record before the Regional Office and Board, however, differed from the medical record on file at the DVA Outpatient Clinic.   Namely, one of the doctor's entries had been altered to change the language “Is worse + must stop present type of work” to instead read, “Is worse + must stop present type of work, or at least [ ] bend [ ] stoop lift.” (emphasis added, brackets indicate illegible or stray marks).   The altered record also contained the additional entry, “says he is applying for reevaluation of back condition,” which does not appear in the official record on file with the Outpatient Clinic.   The alterations appeared in the last, i.e., most recent, doctor's notes documenting Mr. Cushman's condition.

 

I think "heads should have rolled" here.  But, the only result was that VA stopped any cases that had anything to do with VA frauduntly altering (ie shredding) Vet's records.  I guess they are all on hold, waiting for the Veterans to die so they can be dismissed.  

    

[Buck52]

broncovet

How would a veteran go about finding out if he has had records  ''shredded'' by the VA?

 I mean if he can't find records in his C-file OR from N R P C, St Louis Or

any other records Management center? but should have those records.

[Berta]

Thank you for listening to the show Broncovet.

It was great to hear the applause last night form vets and civilians, When POTUS mentioned the VA Accountability Act at that big 4th of July event on Fox News in Dallas.

I was certainly making a hyperspace joke when I asked the audience to raise their hands if they had actually read the Accountability Act. I don't think many vets have done that. ..or even listened to the show.

When the VA ignores Probative evidence and denies the claim...that is a CUE scenario.

When the VA disregards or VCAA and 5103 rights and fails to consider our probative evidence for every single claim we file, and we are forced to either CUE them or make waves, that is evidence of retaliation.

That is the basis of my complaint against the Director of the Buffalo VARO.

Plus what she told me by phone. 

Per what she said- a vet can die with 100% total disability, SC or 1151 disability - sustained for years with no improvement, and that has never been "cured" by the VA, but according to this director, that disability is NOT permanent when they die. Of course my evidence, to include a letter from a former VA Secretary, Voc Rehab, NYSDept of Higher Ed ( student Loan waiver) signed by a VA doctor,etc etc  says otherwise.

I wonder how many other widows bought that VA BS and were denied, even when the disability was listed on a death certificate as causing or contributing to death.Of course her lackey ,after verifying they had my evidence ( 13 pieces of it) made sure no one else would see it. Even though it was again sent to them and listed on my 5103 waiver. 

The real reason they did this is to prevent them from applying a General Counsel Pres Op to my claim....because that will cost them $$$$$$$$.

I want her bonuses recouped.

 

Edited July 2, 2017 by Berta

[Buck52]

Ms berta I don't think think broncovet listen to the show? he said he could not hear well enough to listen to the podcast.

I did listen to it and got a lot of good  information from you and jerrel but I do have a hard time understanding what jerrel says some times and some times I think John gets to close to his microphone ,   but that maybe just a bad connection cause all I hear some times is wind blowing  or  that's what I seem to hear.

I blame it on my bad hearing  dang it!

Just one of the reasons I don't call in,   so I email everyone or PM them an ask  a questions about IU,the next to the last show was  Alex Graham as guest .....they answered my IU Question  Alex and Jerrel and John was right on target with my question & What a Relief.

 I wish other veterans would call in  they sure would learn a lot of things  but they got to ask the questions  I think the podcast show is  Wonderful way for veterans to get things answered.

Also ms berta what did that VA Buff Director mean when he said

'' but according to this director,'' that disability is NOT permanent when they die''??

Edited July 2, 2017 by Buck52

[Berta]

It meant that obviously she, the director of the Buffalo VA Regional Office,

does not even know basic VA case law. 

 

 

[Buck52]

Yeah ain't that the truth.

What I don't understand about why the VA Dr's not filling out a DBQ for a veterans claim  and they refuse to?  ..When it says on the DBQ Form on the front page to be filled out by a VA Physician or a  VA Linscens Clinician . 

The VA Calls them  Linscens VHA Clinicians,  ain't they the same as a VA Dr? but they go on to say the Clinicians may decline for professional reasons???

Edited July 2, 2017 by Buck52