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.

[Berta]

two more emails just came ---

I got very tough in last one and their tone sure has changed-they are kissing my rear end now-

however all this huggy kissy with still no answer to my question-but a promise to look into the whole thing better-

Men and women - the best rep you will ever get is yourself-

I dont mean go it alone and I dont mean change in midstream- I am close to another decision-too late to get another POA-

The most intellectual and probative knowledge of VA claims- in addition to NVLSP (VBM)

is right here at hadit.

I have 3 supporting IMOs -the VA has a med opinion that contains support for the claim as well as contains "medically inaccurate" statements per Dr. Bash-I can easily get another IMO in a week-already talked to medops about that-

but this would raise my investment to over 6000 bucks.

If my POA has caused me financial damage or loss by virtue of their negligence over my initial IMOs I will sue them.

[Guest jangrin]

Berta,

Where is your daughter going to be working? I don't mean actual location, I mean will it be in the same area as where you curently live, same VARO area?

Jangrin

[Berta]

My daughter, a veteran, has Top Secret clearance and her job is classified by the federal gov.She cannot tell me what her job is or where she goes when she leaves the country. She lives in Washington DC area close to her job but her Chap 35 is handled by the Buffalo VARO.

If she ever files a VA disability claim she would have to do that in Washington DC.Is that what you meant?

[Guest jangrin]

That is sort of my question.

What I was thinking is.... we, Chuckles and I, moved this past year and we moved from one VARO area to a new VARO area.

Now... we were told that we did not have to move the Va claim when we moved... we could leave the claim where it was.

Now I have been searching for any law or requirement that the VA says that mandates who handles the claim. I can't really find one....(I think it is sorta based one where you live or your mailing address).

So my thought is this... Since the VA has not made a decision on your claims (3) for the past several years. and you think the MF is the ultimate cause. Why couldn't you move your claims to a new VARO where they do not know the "SO". I was thinking that you could use your daughters mailing address and she could forward the mail to you. You could use the e-mail as before... but you would by-pass the POA there at the current VARO

This would allow you to have a new unbias SO at the new VARO and get your evidence submitted. Once the evidence was submmited and a record of it , then bring the file back to your local VARO.

Just my sneaky mind at work. You could temporaily be living with your daughter.????

Jangrin

PS- I know for a fact that the new SO never spoke to the old SO-he just put in a change of SO through the VARO and that was it.

Edited March 1, 2007 by jangrin

[Berta]

interesting idea Jangrin-

but -hope I havent given you or anyone the wrong impression- I just LOVE this crap with my POA and the VA-

I have all the evidence I need to succeed with the VA-

and the more they string it out, the more I learn about the system and can assess the monetary potential of

POA screw ups.

When we can hire lawyers -if they see potential monetary damages occurred from past POA errors-they will sure try to find a way to make some money on that.

I just get irritated reading my POAs ridiculous emails-because my time is so limited and already I have spent too much time here today with my problem when others have VA problems by far more significant than mine.

(when are you going to law school- you think like a lawyer Jangrin)

[Guest jangrin]

Berta,

I know and totally understand that you enjoy the mental challenge. I also know that you look for options. Options are what makes this interesting.

No problem, this is the type of stuff that helps all of us learn. As it is outside the box. And with the times they are a changing, we are all going to have to think outside the box on our claims. You haven't given the wrong impression, but what you have is an interesting case (s) and finding ways to out fox the fox is important not only to you, but to others.

Law school? nah, I don't think so, but WHEN Chuckles gets his TDIU 100% P+T, I get Chapter 35 benefits, I do intend on going back to school and finish my degree in Human Resources with a minor in legal studies. (can't wait) it will be soon I'm sure thanks to you and the people here at Hadit. Even if we have to file an NOD or appeal to the BVA it most likely will be in the next 2 to 3 years.

So this is something very positive in my life to look forward to.

Jangrin

Edited March 1, 2007 by jangrin