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.

[Hoppy]

Berta,

My SO has his own file of the documents he files. Because his offices are in the same building as the RO he walks the reports over to the RO and date stamps them with the RO's date stamp. Then he uses one of their copy machines to make two copies of the already date stamped form and put one in his file and then gives me the other. The SO I had was really good. If the argument is about the date the IMO was recieved by the RO as opposed to having the IMO's report cause for re-adjudication, is there not a provision that when you submit the form to the SO is that not the date they go by. Can the SO submit an affidavid stating the date he recieved it. I could be wrong but I thought I heard there was aprovision like this.

jangrin,

What difference does it make to the SO if you deal directly with the RO. The worst you could do is provide them with information that screws up you claim. Such as a medical report showing an inter-current injury. In that case the truth became known. Isn't that what they want. There were several times I had to submit evidence at the RO then give my SO the date stamped copy. He was sick or on vacation and I drove 60 miles to the RO rather than mail it in. I liked getting my date stamped copy. My SO never suggested that I should not take reports to the RO and did not tell to stop doing it.

[Berta]

No Hoppy- that isnt the problem but I appreciate your input.

I have sent my IMOs numerous times to the RO,(DRO, VSM,Rating Board , and the director)and they have failed to consider them for over 2 years- the BVA remanded them too-in Sept 2006- as part of my remand request was that the VA had failed to even consider the initial 2 IMOs-and I again attached them to my BVA request .They have vanished again. Also my POA claims they submitted these IMos for me too and had a "lengthy" discussion over 2 of them with the DRO and tried to tell me the VA had rejected them.

But that information from my POA is absolutely untrue and the VA claims they have never even gotten the IMOs.The DRO had nothing to read or reject.

The VARO has never rejected them -and never even read them-they have disappeared from the c file-

the VARO has never even seen them per VA email dated 12-12-06.

If I dont hear from counsel at VA by Tuesday I have the right to file suit in fed court on this- but I am only seeking simple due process-not a refund of my 4500 bucks.

These IMOs should award my AO claim.

That is why they are continually disappearing and I cant figure out yet who will benefit by withholding my evidence from the VA.

Of course I can send them in again but I will send them to the VA in Washington with request to forward from the VBA to the VARO.

I used to do that with Sec Jessie Brown when they lost my evidence in the past.

That way it got lost at the hands of their highest authority and not by some pissant clerk up there.

Since 1995 this all has been SOP regarding my evidence in any dealing I have had with this RO.

I will gladly go up there to see what is what as soon as my semester is over-then again a decision on my claim could come any day now-maybe even the VA was completely wrong when they said in Dec that they still have not received these IMOs. I have 2 or 3 vet reps right there at the RO who dont have the goonyats to simply walk in and check my c file for these IMOs -they did in 2005 but they wont do this for me now-the IMOs WERE there I am sure- until they checked my c file in Sept 2005.

The VA will certainly consider my medical evidence properly-I have really no doubt about that-

when the MF is finally canned.

(that is the mysterious force)

I just dont know yet who pays the MF- VA or the state of NY?

[sixthscents]

Ya know, I has to file my madical records 4 times before the finally admitted they had them.. Nohting as bad as your case, but I sent them certified EVERY time, so I knew when they were delivered and WHO signed for them. Yet they still denied having them. Is this a deliberate action? Can any organization be this incompetent by mistake?.... Yet why would they try and "lose" paperwork? I dont believe in the individual VA worker conspiracy. I DO believe in the institutional conspiracy to deny, refute, or dely claims as long as possible, but I think its promuglated thru the higher-ups rather then at the individual raters levels.

I'd personally file the case, reguardless the money... its a matter of principal now...

[sixthscents]

Oh, and as a side issue, Hoppy is your SO DAV... I'm betting it is, since they are colocated... they have an almost incestuous relationship with the VA at times it seems to me.

[carlie]

Berta,

Going by this, I can't see where your POA requesting a Medical Opinion would fly.

Also, going by this there would have to be some hard-copy evidence of the request by the VSR,

the evidence opioned on, the findings and results.

I hope this helps you in some small way. I sure think you can rebut them with this.

carlie

http://www.warms.vba.va.gov/admin21/m21_1/...3/ch03_seca.doc

Edited March 2, 2007 by carlie

[Berta]

Carlie- you are right-

but I could see him -the POA-asking for the VA opinion to be prepared ALONG with my IMO from Dr. Bash-the VA would have a full medical opinion before them and then they would be on the defensive and try to break it down- if they could-

This is what he told me by phone- that he asked for the VA med opinion and he said the DRO said OK because she couldnt read my IMO- I was her first claim ever -as a new DRO-

and he assured me she would have the Bash and Rabiee IMOs to consider too.This part is not documented anywhere at the POA or at VA.

She learned how to read by the time the VA opinion was rendered--- based solely on 3 or 4 med recs- as the opinion states-6 years of med info and she used 3-4 med recs-

My 2004 IMO was never considered at all by this VA doc nor anyone else at the VA-

What my vet rep told me was plain Bullcrap-he seemed to suddenly disown me when I called him on this. I never talk to them by phone anymore- only email hard copy-

These IMos (2004 Drs BAsh and Rabiee) were never considered. I got denial that denied me Benefit of DOubt-because VA said I had sent no medical evidence to put on the scale.

They had about 6 pounds of evidence plus the 2 IMOs and never mentioned any of it.

(BY the way they violated my VCAA rights and part of my remand was based on that fact-

my POA insisted my VCAA letter was proper but it was not and in accessing other widows claims- the VA under the VCAA should have told me to get an IMO-yet I got one myself)

They got another IMO from Dr. BAsh- Aug 2006.

My POA claims they fully supported this one with 2138s.

Yet on Dec 12, 2006 the VA itself said they never got any of these IMOs ever-so how did the POA support what the VA didnt get?

You are right-

how does a vet rep have the right to ask for a VA medical opinion when-at the same time- they dont make sure the vet or widows IMO is considered too?

My POa is focusing on the 2005 Bash opinion and falling over themselves to assure me that VA has it-

They do not seem to want any responsibility over the 2004 IMos from Dr. BAsh and Dr. RAbiee-

I received numerous emails from my local rep this week-

they are ridiculous- at one point he even said he was not playing games with me-but he was-

I manipulated one of his statements into saying what I wanted it too-

he hasnt replied yet-to that.

All the more reason vets need attorneys-

If vet reps wont answer a simple question with fact, they can make stuff up-and I am holding them to their words and false statements.

Thanks for link----havent read yet-

I sure am considering what actions I can take against the state of NY. But will allow my POA the time to continue to put their foots in their mouths-

as I collect evidence ---on them-----

Local vets around here always say many vet reps are in bed with the VARO we deal with-

but I am the one that really feels screwed.

I had to pay 2000 bucks more for Dr. Bash to knock this down.

The first IMo was dated Nov 22 2004 , the second August 2005.And of curse the VA neuro opinion was incorporated with the first Bash IMO.