Need help with RBA correction

[Lemuel]

I received the third response from the VA GC to the CAVC order to correct my RBA by replacing documents obviously missing and relevant in the RBA from the hard copy of my Medical File OPTR and IPTR maintained by the Medical Division.

  Apparently they were just dumped into contract warehouses without adequate record keeping when the VA finally computerized the Progress Notes and Examination Records.  The Pharmacy records and Lab records have been computerized since the late 1980s making it evident that there should be accompanying OPTR and IPTR to match that were requested and at one time in the Comp & Pen hard copy file but were not there when scanned into the computerized record.

It has now been over 45 days since the CAVC issued the Order to Correct the RBA to the Secretary.  I'm waiting for another 45 days to make it 90 days, 6 responses from the VA GC without the directed "status report" (only stating they are responding) before submitting a request for court ordered stipulations on what the missing records show.

 

Am I on track for this?

[broncovet]

I think this is very, very very good news, since the CAVC normally just goes on the "Evidence of Record" aka RBA, and makes a decision, even tho the RBA may be inaccurate or incomplete.  This means that there might be a glimmer of accountability, so the VA in the 2 years or so it takes them to send our appeal to the BVA, could at least make sure the file is complete.  

And, its not suprising to have the VA "drag its feet" even tho the CAVC ordered them not to do that.  If I violate a "court order" then a warrent will be issued for my arrest.  When VA does it, there is no penalty, and in fact can actually repeat it multiple times for the same judge!!!!  

Now, remember, you CAN and have a obligation to help VA get applicable records.  So, if you have them, simply send them to CAVC, especially if you have pertinent evidence refuting the BVA denial!!!  

You are on trak, the only thing I suggest is send them the records yourself..this is your claim and your money..not some GS5's.  

[Lemuel]

1. I don't have the records.  My copies became paper machete in a flood.  What I have now I received from the VARO Cheyenne via copies of the hard copy C&P file when it was scanned.  It was grossly out of order with copious duplicates in such order that I believe the copying, scanning contractor in Denver padded their bill by running stacks through more than one time (based on the order of the documents in the boxes).
2. I have some items from that file that were not included in the RBA.  I also have documents that are not included in the RBA and offered them to the VA GC's office.  I pointed out the documents that were on an earlier CD provided to me when the first CD sent to my attorney was missing a lot and I requested everything on file by CD.
3. Have requested them from the FOIA officers repeatedly both from the Central Office and the originating VA Medical Facilities.  I'm attaching the order and the last response.  Do you think the response is responsive to the order.  I don't.  It doesn't say what has been done and no attachments showing any action has been taken other than writing a response.
4. I will send the back up that I have that is not in the RBA with motions for court ordered stipulations by the secretary if the RBA cannot be corrected within the 21 days required for FOIA responses.  I've done all that I can to get the evidence needed to back up my claim.
5. I'll post in March my additional effort.  I don't expect the VA GC to be able to accomplish the task.  The BVA Judge stated in the hearing, LOL.  The BVA isn't even able to get the old hard copy records from the Medical Division or the Records Management Office.
6. Hopefully I can get a precedent setting decision that will spur the Secretary to come down on the Records Management Office and make them come up with the old originals of OPTR and IPTR records.

7. 16 minutes ago, broncovet said:

   I think this is very, very very good news, since the CAVC normally just goes on the "Evidence of Record" aka RBA, and makes a decision, even tho the RBA may be inaccurate or incomplete.  This means that there might be a glimmer of accountability, so the VA in the 2 years or so it takes them to send our appeal to the BVA, could at least make sure the file is complete.  

   And, its not suprising to have the VA "drag its feet" even tho the CAVC ordered them not to do that.  If I violate a "court order" then a warrent will be issued for my arrest.  When VA does it, there is no penalty, and in fact can actually repeat it multiple times for the same judge!!!!  

   Now, remember, you CAN and have a obligation to help VA get applicable records.  So, if you have them, simply send them to CAVC, especially if you have pertinent evidence refuting the BVA denial!!!  

   You are on trak, the only thing I suggest is send them the records yourself..this is your claim and your money..not some GS5's.  

    

20171201 Clerk Order re RBA correction.pdf

20180117 VA re RBA dispute.pdf

[broncovet]

You posted, 

Quote

 I pointed out the documents that were on an earlier CD provided to me when the first CD sent to my attorney was missing a lot and I requested everything on file by CD.

Then send those documents to the Court yourself.  Put the CD in your computer, then copy the applicable documents and send them to them, OR, copy the CD and send them the cd if they accept CD's.  (I dont know this).  

Back in 2008, I discovered I was one of many Veterans, that had missing (shredded) evidence, and I submitted a "Special Handling Request due to mishandled evidence".  The VA shreded That EVIDENCE, ALSO, A FEW YEARS LATER.  

You have your work cut out for you.  Be proactive and get those documents yourself, if they are probative.  (that is, if they are medical records where the doc gave you a nexus, for exxample).  

Go to your VAMC "release of information" and ask them for a copy of your medical records.  They should provide same.  

If there is important evidence that is not VAMC, then go to that doctors office, obtain a copy and send it in.  

Given that the VA has essentially admitted your evidence was lost, you should have the benefit of the doubt (oops, you dont get that at CAVC).  However, your testimony that you sent in x document should suffice as the VA wont have a copy to testify against you.  Its true that VA is given a presumption, but you have a great rebut of that presumption, given the court ordered VA to come up with the records.  Let me know how this comess out. 

[Lemuel]

Fortunately the FOIA requests that were ignored are in the RBA.  Even the Records Management Center continued the non-denial, denial which I complained about, by sending me another copy of the C&P file instead of the Medical File.

I've downloaded all of the recent, (since computerization) from the blue button.  Only a few records are absent because of the software used at particular VA Medical facilities.  I don't think any of the missing computerized documents are probative.

[broncovet]

If the missing evidence is not probative, they you dont have much to worry about. 

[Lemuel]

But a 5 month treatment in a seizure clinic is probative for SC of seizures secondary to a TBI.  Especially with a 3.154 claim for negligent refusal to change medication from Tegretol on complaints of the medication making the symptoms worse as is stated in the current PDR.  Haven't seen a 1990 PDR but Tegretol had been in the formulary covered by the PDR for 28 years by that time.  The contraindication should be recorded in the 1990 PDR also.

I think I have a slam dunk on this one.  Perhaps even with just the confirmation during hospitalization for an MVA for two days observation and the pharmaceutical record of having the prescriptions for Tegretol.  But there should be notes of my complaints about the medication in the Seizure Clinic OPTR.

There are also pre MVA EEGs showing epileptiform spiking and sharp waves with or without seizures.

Edited January 24, 2018 by Lemuel