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]

OK- thanks a lot Carlie!!!!!-

Right-my whole point-

The VSCM got this conference to happen because I raised Hell-since the 2004 IMOs were not considered yet-and could have been-as I got a sameo sameo review that they said was my De Novo review-and my evidence again remained not considered-

But the conference was only between my POA rep and the DRO-

the DRO was a newby and this POA rep acts like God when he can-like if he thinks he knows more than someone else-

and he made a big deal to me and his boss out of fact that HE suggested the DRO get the VA opinion.

You know like he has all this 'Power' --but I was ticked off that he did this and told him I needed absolute assurance that the 2 IMOs would be considered and he then assured me they would be.But this was by phone- which was odd when he called me because we had dealt in email up to that point.

The vet rep main office, in letters, indicated these 2004 IMOs were not appropriate and thus this is why they were never considered-

The VA has never stated anything like that at all.

I asked how many VA VSMs and VA doctors they have working at the state division-

of course I got no reply-

I have asked my POA many times- with no answer- how can the state of NY medically comment on IMOs that they have never seen.

They were only re-stating the bull crap the RO rep told them.

Men and women I apologise for going on about this-

I got Due Process from the BVA very quickly. I expect that from the RO too.

Since it appears that my own POA has taking steps to make sure I dont get that Due process at the RO level-I will take steps to find out why the heck our tax payers of this state are paying for their

services.

[Guest jangrin]

Berta,

You typed,

The vet rep main office, in letters, indicated these 2004 IMOs were not appropriate and thus this is why they were never considered-

Was this made in writing or over the phone ot even through e-mail?

I have asked my POA many times- with no answer- how can the state of NY medically comment on IMOs that they have never seen.

I got Due Process from the BVA very quickly. I expect that from the RO too.

Since it appears that my own POA has taking steps to make sure I dont get that Due process at the RO level-I will take steps to find out why the heck our tax payers of this state are paying for their

services.

Can you file a lawsuit against the state for sticky fingers? Proof? Where can you go with this without some sort of witness?

Not sure I understand the basis here.

[Berta]

Jangrin-

"The vet rep main office, in letters, indicated these 2004 IMOs were not appropriate and thus this is why they were never considered-

Was this made in writing or over the phone ot even through e-mail?"

I have -in letters and email -this statement repeated by my POA but from others on the POA that were only repeating what the rep told me -by phone-

in other words even his big boss was buying what he tried to sell me-

"Can you file a lawsuit against the state for sticky fingers? Proof? Where can you go with this without some sort of witness?

Not sure I understand the basis here."

If these vet reps cause me monetary damages ( loss of the cost of the IMOS and/or proper award from VA) I can sue them.

I have the best witness I need-the US of A under the auspices of the VA.

The VA documentation I have is proof positive that VA has never seen these IMOs and certainly has never rejected them or even read them.

Actually VA claims they never got them yet- since 2004 (documented)

I have proof from the VA that the rep met with the DRO and asked for a VA med opinion.

There is no proof whatsoever- and the POA has confirmed in mail to me- that the rep gave my IMos to the DRO and asked for proper consider of this probative evidence.

I have basis for potential discrimination complaint as well as potential negligence complaint.

This type of stuff I have a LOT of experience in.I gained that experience years before I really knew what 38 CFR was really all about.

And I have many additional sticks in the fire in order to get Due Process and a final proper resolve of my claims.

[Alex]

Berta --

Two points:

1. If you think your VSO is doing you dirty, why not just then get another one?

2. There is something about DIC-related claims that tiy *can* use a lawyer even if you are on an original claim or outside the one-year period from BVA action.

Make it three:

Whenever the RO goes outside for an medical opinion (which they can do so at will), they do not have to send all your fie -- just the portions they consider relevant. A lot of times you can ding them on not sending out medical evidence in your favor. Other tmes, you can discredit them if they use an OBGYN to provide opinion or an orthopedic claim (and, yes, I have seen this happen).

Alex

[Berta]

"If you think your VSO is doing you dirty, why not just then get another one?"

because I am allowing them to provide me with basis for a lawsuit against them.

I have already discredited the VA "expert" with 3 IMOs that they claim they dont have and have never read.

Interesting- I am under impression that I have to wait until June to get a lawyer-I am still at the RO level-

[Alex]

Berta --

Don't let me how to run your life, but I do have to question the judgment of keeping your VSO on just so you can sue him, even at the risk of losing your VA claim. Tke it from a cAreer litigator: litigatiom is hell.

Check out your eligibility for a lawyer. Joe Moore at joe@veteranlaw.com, who has an all-vet practice, can tell you.

Alex