Opinions Please

[Berta]

As you all know the VA claimed in documentation Dec 2006, that they never received my 2 IMos of Nov 2004 and also the Aug 2006 IMO.

I filed FTCA for 4500.00 bucks and will be able to constructively file suit in fed court anyday now-I cannot determine how VA figures out the 6 month filing criteria- which is up today-or within he next few dyas depending on what VA defines as "six months".

However-as you all know my POA claimed there had been a "lengthy" discussion with the DRO in 2005 over the IMOs of Nov 2004 with my POA rep at the VARO. (IMOs which VA never got-and which VA has never mentioned, rejected, acknowledged,or ever prepared an SOC on etc )The SOC after this discussion occurred stated nothing as to these IMOs only the VA crapola from their "expert".Which my Aug 2006 IMO totally knocked down.My POA has no documenation whatsoever on this DRO meeting with the DRO and their rep.But I believe it did certainly occur- I think-

Question: the big boss on my POA stated in letter to me in 2006 that :

"The earlier IMO (they mean the 2004 one) you obtained and submitted in support of your claim for service connected death of your husband was RECEIVED and REVIEWED by the VA ,which in response to the urging of the division,asked for a medical opinion of the report from medical staff at the Buffalo VAMC. That opinion was rendered by a medical personnel but unfortunately was not supportive of your postion." (My caps not theirs)

I never received anything whatsoever that shows this occurred.

If the VA never received the IMO of 2004 how could they render any opinion under BOD regs?

OK- I have combatted that -not worried there-

But this is what I dont get- am I nuts? opinions please-

This 2004 was received by the VA in Nov 2004 per USPS. The vet rep said he saw it in the c file himself prior to the DRO review and yet everything I have from the VA itself-indicates that it was not in the c file then or after he saw it there-

the POA is looking for their copy of this IMO now-( and yet I have already been informed they never had a copy-

and have no documentation even on the meeting between the DRO and rep let alone what actually was said about the 2004 IMO.)

Am I nuts? If the vet rep did ask for a medical opinion on the 'report' from the VA's medical staff, the VA would have to have the 'report' meaning the Nov 2004 IMO.

The VA would have to list it as evidence and state in the SOC the reasons and bases it was rejected.

The VA however stated in Dec 2006 they have Not received this 2004 IMO.Ever.

I believe that this IMO was never even discussed by the vet rep-wih the DRO as the documentation from VA shows.

I forgot my question-oh --

does it appear I got royally screwed by this vet rep?

I wont let this dog die-

Although it appears that the VA has violated my basic due process rights-

I think a state vet rep allowed that violation to occur.

Hell- if someone keeps taking evidence out of my c file and the VA-upon Dec 2006 inspection of the file says they never got it- certainly I will hold the word of the Veterans Administration over what a vet rep said they did in my regard that is not borne out by fact or documentation.

The VA at some point must consider all of my evidence-under 38 CFR 4.3 and 4.6.

I have supplied a preponderance and weighed down my side of the scale but none of it has been addressed at all so far.

Does it appear to anyone- as it appears to me- that my POA controlled the VA to get a negative VA medical opinion in 2005 without even acknowledging these 2 2004 IMos -yet the POA told me they discussed at "length" these IMOs with the DRO even though it is 38 CFR that controls the way probative and competent medical evidence will be considered.

As it still stands, the VA has 3 IMOs that support my claim- and one with support for and against the claim which Dr. BAsh stated was "medically inaccurate " and then stated why.

My POA has threatened me- in writing-twice or more that they will rescind my POA if I circumvent them and deal directly with VA-and if I continue to show leadership over my claim blah blah blah-

yet they themselves directed me in 2003 NOT to send them my evidence but to send it directly to the VA.

So the RO vet rep on my POA had to access my 2004 IMOs from my VA C file.I dont think he put them back prior to the DRO review.

I have absolutely nothing whatsoever to indicate that they were ever discussed or even seen by the DRO or anyone else at the VARO.

[john999]

Berta

No matter how many claims you have filed the VA continues to do the same old things to deny claims. I am going to have to ride over to the RO and tell them in writing that I have no more evidence to send them on my DMII increase claims. I mail them Statement in Support of Claim saying I want to have my claim rated and have no more evidence and they tell me I told them I had more evidence. These bastards lose 80% of what evidence I ever give them. One day my claims are at the rating board and next time I call they are being reviewed. How the devil can you trust them to do anything besides delay and lose claims. Ignoring evidence and IMO's comes natural to them. Even ChampVA is screwing with us by denying claims because of some sort of error by the provider. How do severely disabled people survive who can't run around and do all these things to win their claims?

[gdsnide]

As you all know the VA claimed in documentation Dec 2006, that they never received my 2 IMos of Nov 2004 and also the Aug 2006 IMO.

I filed FTCA for 4500.00 bucks and will be able to constructively file suit in fed court anyday now-I cannot determine how VA figures out the 6 month filing criteria- which is up today-or within he next few dyas depending on what VA defines as "six months".

However-as you all know my POA claimed there had been a "lengthy" discussion with the DRO in 2005 over the IMOs of Nov 2004 with my POA rep at the VARO. (IMOs which VA never got-and which VA has never mentioned, rejected, acknowledged,or ever prepared an SOC on etc )The SOC after this discussion occurred stated nothing as to these IMOs only the VA crapola from their "expert".Which my Aug 2006 IMO totally knocked down.My POA has no documenation whatsoever on this DRO meeting with the DRO and their rep.But I believe it did certainly occur- I think-

Question: the big boss on my POA stated in letter to me in 2006 that :

"The earlier IMO (they mean the 2004 one) you obtained and submitted in support of your claim for service connected death of your husband was RECEIVED and REVIEWED by the VA ,which in response to the urging of the division,asked for a medical opinion of the report from medical staff at the Buffalo VAMC. That opinion was rendered by a medical personnel but unfortunately was not supportive of your postion." (My caps not theirs)

I never received anything whatsoever that shows this occurred.

If the VA never received the IMO of 2004 how could they render any opinion under BOD regs?

OK- I have combatted that -not worried there-

But this is what I dont get- am I nuts? opinions please-

This 2004 was received by the VA in Nov 2004 per USPS. The vet rep said he saw it in the c file himself prior to the DRO review and yet everything I have from the VA itself-indicates that it was not in the c file then or after he saw it there-

the POA is looking for their copy of this IMO now-( and yet I have already been informed they never had a copy-

and have no documentation even on the meeting between the DRO and rep let alone what actually was said about the 2004 IMO.)

Am I nuts? If the vet rep did ask for a medical opinion on the 'report' from the VA's medical staff, the VA would have to have the 'report' meaning the Nov 2004 IMO.

The VA would have to list it as evidence and state in the SOC the reasons and bases it was rejected.

The VA however stated in Dec 2006 they have Not received this 2004 IMO.Ever.

I believe that this IMO was never even discussed by the vet rep-wih the DRO as the documentation from VA shows.

I forgot my question-oh --

does it appear I got royally screwed by this vet rep?

I wont let this dog die-

Although it appears that the VA has violated my basic due process rights-

I think a state vet rep allowed that violation to occur.

Hell- if someone keeps taking evidence out of my c file and the VA-upon Dec 2006 inspection of the file says they never got it- certainly I will hold the word of the Veterans Administration over what a vet rep said they did in my regard that is not borne out by fact or documentation.

The VA at some point must consider all of my evidence-under 38 CFR 4.3 and 4.6.

I have supplied a preponderance and weighed down my side of the scale but none of it has been addressed at all so far.

Does it appear to anyone- as it appears to me- that my POA controlled the VA to get a negative VA medical opinion in 2005 without even acknowledging these 2 2004 IMos -yet the POA told me they discussed at "length" these IMOs with the DRO even though it is 38 CFR that controls the way probative and competent medical evidence will be considered.

As it still stands, the VA has 3 IMOs that support my claim- and one with support for and against the claim which Dr. BAsh stated was "medically inaccurate " and then stated why.

My POA has threatened me- in writing-twice or more that they will rescind my POA if I circumvent them and deal directly with VA-and if I continue to show leadership over my claim blah blah blah-

yet they themselves directed me in 2003 NOT to send them my evidence but to send it directly to the VA.

So the RO vet rep on my POA had to access my 2004 IMOs from my VA C file.I dont think he put them back prior to the DRO review.

I have absolutely nothing whatsoever to indicate that they were ever discussed or even seen by the DRO or anyone else at the VARO.

Berta,

With all the help U have given me I can't thank U enough BUT anymore as soon as I can get a lawyer involved that's how I'm going. Took that for SS & the VA

Don't mind paying their fee when I get comped.

Say, I have a couple of questions ( lol... What else is new?)

If U have time get in touch if not don't worry about it. :)

GARY gdsnide@hotmail.com

[Objee]

Berta,

Looks like things have gone from "adversarial" to hostile. Suggest that you start what amounts to a sh-t list log of what's going on. Confirm important phone conversations in writing. e.g. - Summarize the conversation(s) in letters stating "If you disagree with the foregoing please so advise me within 10 days or I will act on my understanding of our conversation."

If you POA wants everything to go through them, fine. BUT everything important gets confirmed by you in a written summary, sent to the POA. Yes, it's a pain in the butt, but it's also an obvious setup of a legal trail of action.

In short, "prepare for the appeal and the trial takes care of itself." It's hardball time!

Ralph

As you all know the VA claimed in documentation Dec 2006, that they never received my 2 IMos of Nov 2004 and also the Aug 2006 IMO.

I filed FTCA for 4500.00 bucks and will be able to constructively file suit in fed court anyday now-I cannot determine how VA figures out the 6 month filing criteria- which is up today-or within he next few dyas depending on what VA defines as "six months".

However-as you all know my POA claimed there had been a "lengthy" discussion with the DRO in 2005 over the IMOs of Nov 2004 with my POA rep at the VARO. (IMOs which VA never got-and which VA has never mentioned, rejected, acknowledged,or ever prepared an SOC on etc )The SOC after this discussion occurred stated nothing as to these IMOs only the VA crapola from their "expert".Which my Aug 2006 IMO totally knocked down.My POA has no documenation whatsoever on this DRO meeting with the DRO and their rep.But I believe it did certainly occur- I think-

Question: the big boss on my POA stated in letter to me in 2006 that :

"The earlier IMO (they mean the 2004 one) you obtained and submitted in support of your claim for service connected death of your husband was RECEIVED and REVIEWED by the VA ,which in response to the urging of the division,asked for a medical opinion of the report from medical staff at the Buffalo VAMC. That opinion was rendered by a medical personnel but unfortunately was not supportive of your postion." (My caps not theirs)

I never received anything whatsoever that shows this occurred.

If the VA never received the IMO of 2004 how could they render any opinion under BOD regs?

OK- I have combatted that -not worried there-

But this is what I dont get- am I nuts? opinions please-

This 2004 was received by the VA in Nov 2004 per USPS. The vet rep said he saw it in the c file himself prior to the DRO review and yet everything I have from the VA itself-indicates that it was not in the c file then or after he saw it there-

the POA is looking for their copy of this IMO now-( and yet I have already been informed they never had a copy-

and have no documentation even on the meeting between the DRO and rep let alone what actually was said about the 2004 IMO.)

Am I nuts? If the vet rep did ask for a medical opinion on the 'report' from the VA's medical staff, the VA would have to have the 'report' meaning the Nov 2004 IMO.

The VA would have to list it as evidence and state in the SOC the reasons and bases it was rejected.

The VA however stated in Dec 2006 they have Not received this 2004 IMO.Ever.

I believe that this IMO was never even discussed by the vet rep-wih the DRO as the documentation from VA shows.

I forgot my question-oh --

does it appear I got royally screwed by this vet rep?

I wont let this dog die-

Although it appears that the VA has violated my basic due process rights-

I think a state vet rep allowed that violation to occur.

Hell- if someone keeps taking evidence out of my c file and the VA-upon Dec 2006 inspection of the file says they never got it- certainly I will hold the word of the Veterans Administration over what a vet rep said they did in my regard that is not borne out by fact or documentation.

The VA at some point must consider all of my evidence-under 38 CFR 4.3 and 4.6.

I have supplied a preponderance and weighed down my side of the scale but none of it has been addressed at all so far.

Does it appear to anyone- as it appears to me- that my POA controlled the VA to get a negative VA medical opinion in 2005 without even acknowledging these 2 2004 IMos -yet the POA told me they discussed at "length" these IMOs with the DRO even though it is 38 CFR that controls the way probative and competent medical evidence will be considered.

As it still stands, the VA has 3 IMOs that support my claim- and one with support for and against the claim which Dr. BAsh stated was "medically inaccurate " and then stated why.

My POA has threatened me- in writing-twice or more that they will rescind my POA if I circumvent them and deal directly with VA-and if I continue to show leadership over my claim blah blah blah-

yet they themselves directed me in 2003 NOT to send them my evidence but to send it directly to the VA.

So the RO vet rep on my POA had to access my 2004 IMOs from my VA C file.I dont think he put them back prior to the DRO review.

I have absolutely nothing whatsoever to indicate that they were ever discussed or even seen by the DRO or anyone else at the VARO.

[Guest jangrin]

Berta,

Did the POA do this recently and was it in writing?

My POA has threatened me- in writing-twice or more that they will rescind my POA if I circumvent them and deal directly with VA-and if I continue to show leadership over my claim blah blah blah-

If you were to recind the POA, would that make any difference in how your claim is handled. Wouldn't it be better to go ahead and fire the POA and then submit your evidense through an ombudsman or county legal aid. At least if they (POA) were not involved with your claim you might be able to get something done. My feeling is.... if the MF (mysterious force) has had sticky fingers then not having them around should be better for you getting the info into the file.

Also, if they have been active in keeping material evidense from getting into the C-file, to discredit your claim, don't you think that they could also be quite active in keeping the VA from making determinations regarding your claim. If they are active to prevent evidense I think they would be just as active to keep your case from ever being properly adjudicated. HMMM, I need to think on this some more....

Jangrin

Edited March 1, 2007 by jangrin

[carlie]

Berta,

"Question: the big boss on my POA stated in letter to me in 2006 that :

"The earlier IMO (they mean the 2004 one) you obtained and submitted in support of your claim for service connected death of your husband was RECEIVED and REVIEWED by the VA ,

OK -- SO WHERE"S A COPY OF THIS REVIEW ? ? YOU NEED TO KNOW WHAT EXACTLY

WAS REVIEWED AND WHAT WAS STATED IN THIS REVIEW, AND WHAT LEVEL OF PERSONEL AT VA REVIEWED IT.

which in response to the urging of the division,asked for a medical opinion of the report from medical staff at the Buffalo VAMC.

IF YOU KNEW WHAT WAS CONTAINED IN THAT REVIEW - IT MAY BE VERY POSSIBLE THAT A MEDICAL OPINION WAS NOT EVEN REQUIRED, SO I QUESTION WHY DID THE DIVISION URGE VA FOR A MEDICAL OPINION OF THE REPORT???

WOULD THIS PERTAIN TO YOUR CLAIM - BECAUSE IT SAYS -- WHO ARE NOT EMPLOYEES OF VA.

MEDICAL OPINIONS:

§ 3.328 lndependent medical opinions.

(a) General. When warranted by the medical complexity or controversy involved in a pending claim, an advisory medical opinion may be obtained from one or more medical experts who are not employees of VA. Opinions shall be obtained from recognized medical schools, universities, clinics or medical institutions with which arrangements for such opinions have been made, and an appropriate official of the institution shall select the individual expert(s) to render an opinion.

That opinion was rendered by a medical personnel but unfortunately was not supportive of your postion." (My caps not theirs)

I never received anything whatsoever that shows this occurred."

WHERE'S THE HARD COPY --- WAS NOT SUPPORTIVE OF YOUR POSITION -- HOW WAS IT NON SUPPORTIVE --- DID SOMEONE THAT works in the canteen at buffalo do this review ????

Dear Mr. Big Boss on my POA,

At this time I would like to request a copy of all of the above.

JMHO,

CARLIE

[Berta]

Carlie- you got it!

There never was any review at all of my IMOs.

The VA says they never got them and what the vet rep told me is not apparnently true.

You got the rest right too-

why would a vet rep ask the DRO to get a VA medical opinion if the vet rep was not going to tell the DRO I had an IMO for the VA med person to consider---

the last time this IMO was seen was by my vet rep at the RO- then it vanished into thin air

Jangrin- the reason I dont dump these idiots ( their email continues -and everytime I question their statements - it all starts to change and they are upset but still no answers to my questions-)I have the threats and all of their bull crap documented.

the reason is I have enough to file complaint under NYS Division of Humans Rights and a complaint with the Governor-and unless they get their act together-I will do all that and ask the Gov of NY for $4500 too.

And like I mentioned before-my philosophy is- (after 2 decades of dealing with reps and the VA)

when one starts to put a foot up someones a--, that person is forced to take their thumbs out of their rear ends.

I really dont mind all this stuff- but the emails interfere with my class work-and I take the time to read them from my rep and they make no sense, or are full of excuses, or this or that- with no answer to a simple question that I have asked him since Dec.

"How did the VA weigh my IMO evidence at that DRO review in 2005 when they have "not" ever received it per the VA -Dec 2006 nor has it ever been acknowledged , rejected, considered etc etc at all by the VA. Never."

Our new gov was the former state attorney general-

He squared away something for me in a heartbeat-someone was drawing money out of my bank account illegally-

he understands what the word evidence means and has a copy of this state rep dept's Mission Statement.

He also pays their salaries.

If we can hire lawyers in June it will look to a lawyer-like Manny Moe and Curly handled my claims for 4 years. Maybe I would have done better by now if the three stooges DID handle my claims.