Found Out How My Poa

[Berta]

It has taken me over 4 years to realise what happened-

I just found out-

According to my POA's main office I never went to the local vet rep and filed any of my claims.

They were unaware of my IMOs.

The vet rep who I did make appointments with to give him my claims, and evidence, said I had never contacted the Division since Oct 16,2001.

I WAS THERE MANY TIMES with my claims and the additional evidence-!!!!

I had been there with each of my claims- 2 in 2003 and 2 in 2004 and another one---- forget when-also additional evidence that I brought in or mailed- proves that I had contact with them-

When I called the rep to ask if I should drop off my initials IMos-in Nov 2004

he said no just send them to the RO and didnt appear to be interested that I had IMOs. I did supply them copies however- but I guess they were gone as I had to send them in again to the next vet rep I got-

The main office states that they were totally unaware of my claims and myinitial IMos and therefore that is their excuse why the DRO didnt see them I guess-as the VA has never even acknowledged them for my AO claim.

I have a letter from the head of the state division that holds a pack of lies from my former vet rep.

I never considered this before-

my fotrmer vet rep told his boss I had never filed 4-5 claims, and never had obtained IMos, and thus I never got any support whatsoever from the division.

He claimed I had never contacted his office at all yet obviously there were other people who saw me there- I always had documents with me, and I also had to get appointments with him----(2003,2004,and early 2005)

I was even seen there by his immediate boss's secretary- yet he told his superiors that I had never been there or asked for claims assistance since Oct 2001.

He never supported my claims nor sent in any 4138s in support and told his main office that no support was needed as I had never filed any claims. He also told the senior rep who handled my DRO conference that

the division did not represent me-Sept 2005- and it took me many phone calls and emails to their main office to get that straightened out so that my POA would be able to submit my initial IMos to the DRO-but this all happened right before the DRO conference occurred and could have influenced the way that was handled.

I cannot believe it-

all this time- and I did not know that my claim right from the git go

was not handled properly and the rep lied to his boss and said I had never even been there to their Bath office with any claims at all.

Why? what would cause a rep to lie like that-

and why would they think they would not get caught?

then again- it took me over 4 years to find out what really happened.

I wonder how many other claimants he lied about too-they come in,sign the POA form or already did in the past- think they are filing a claim or getting the divisions support on a claim they have already prepared, they walk out-and the division does not represent them at any DRO review nor in any other way (like 4138s) and then the division can say they were never there in the first place and never filed a claim or asked for representation so the division does not give them any support at all.

And I pay state taxes for that.

This is the Bath office of New York State Division of Veterans Affairs.

[carlie]

Berta,

All this time I was thinking you had date stamped copies.

carlie

[Berta]

I do- at the VARO Carlie-

but this is why I received no support from my POA.

Except for the IMOs- VA definitely had them but then they disappeared from my VARO file.

I asked my POA who also has them to resubmit them with a 21-4138-showing the VA that I have active POA representation.

For some reason my POA won't.

I think I found out why- in Sept 2005 the RO level vet rep told me he had taken the IMOs (2 at that point) out of my c file to present them to the DRO.

He did take them outof the c file. They were never seen by the DRO.

The VA has never rejected them or opined on them at all.The VA has never seen them.This December they told me they never got any of them.(submissions- at least 12 times- via me, BVA, and the vet rep)

He told his main office boss- the director what he had told me-that he made this big presentation to the DRO of these highly probative IMOs.

but it never happened at all.

I have proven that he lied.Well I didnt- the VA did. The SOC clearly does not mention at all what the rep told me happened.He never presented them to the DRO- per VARO itself.

As it stands I have 3 IMos, the VA has never seen any of them yet- as far as I know-and they all support my AO claim.

My claim is with a rater and my POA refused to check to see if the first 2 from 2004 have miraculously appeared in the file again.

Then again thats good because I think the POA took the first 2 (2004)out of the c file and never gave them to the DRO or even put them back.

Now they have the other 2006 IMO to lift too.So I dont want them near the file.

I can deal with some VA doctor trying to knock down my IMos.

But I cannot deal with the fact that I spent 4000 bucks on them and

apparently the 2004 IMo was removed from the file at the RO and the other one might have been already too-

VA loses evidence ,but they dont take IMos out of a file.

After over a dozen separate submissions of those 2004 IMos-

and they still arent there obviously someone has removed them continually from the file-

The 2004 IMOs prove that the vet rep in 2005 lied to his boss.

I willingly have spent lots of time helping vets with claims as an unpaid volunteer and even helped this POA too-but I will not stand for paid vet reps to pull stuff like this.

If I get a decision without proper consideration of these 3 IMos I will sue my vet reps.

They know a proper decision on my claim depends on these IMos because the other considerable evidence I sent also has been ignored and that is probably missing too.

You all must wonder why I just dont change my POA-

NO WAY- the former rep I had hurt a vet friend of mine-it was atrocious what he did to him but I raised such a stink that another rep fixed what he did-and covered it all up so the big boss would not find out-but it is all documented in emails.

yet

how many other vets with valid claims did they do this too?I cant even tell what they did to this vet because I will get too angry-

Some of us have our claims denied -not because we dont have the right evidence- but because someone for some reason on our POA made sure the claims would be denied and that their representation would never be questioned and they would never be found out.

I am not a claimant in dire need of a retro check-

and I wont send the IMOs to the VA again-

the next decision to me from VA will determine if these reps can be sued.It is beyond POA incompetence- it seems to be outright theft of my evidence.I need to wait for the next VA decision to see if that is possible.

Then again the 3 IMos might have miraculously been put back into the RO file by now because I have raised all sorts of Hell about this within the state Government.

The VA cannot make proper decisions without benefit of the evidence.and they still have never rejected or opined against any of my IMOs-and I am confident that my claim will succeed.I can easily get another IMO too and am prepared for that-

my AO claim has been denied entirely due to my POA reps.

Edited April 2, 2007 by Berta (see edit history)

[Berta]

"Do you have enough evidence to prove you started your claim with that POA and he destroyed records to suppress your claim"

Yes -I feel that I definitely do-but the next statement from the VA will determine the answer to that question.

I have put so much heat on them that I expect the missing IMOs to soon miraculously return to the c file.The POA has copies. It is the RO c file that doesn't -per VA- even after the BVA remanded the claim with all 3 of the IMos in it in Ept, by December all of these IMos were gone.

14 emails to and 14 from my POA last month and additional emails to and from in Dec have failed to get me a single answer on where the IMOS are.

One email states -from my vet rep- I am not playing games with you-

as he tried to again fail to answer the simple question I asked him with a lot of BS. After that email I got I sent the Governor a 6 page complaint-with documentation-and the Governors Executive director replied to me that they certainly took this all seriously.

It isnt just the IMOs-

I won FTCA and Sec 1151 with medical evidence and without IMos- I know what I am doing-I knew exactly how to present VA medical evidence right back at them and also I stated that since they failed to diagnose heart disease and strokes and malpracticed in other ways (per VACO Medical review of 1997) it is obviously more than likely they failed to diagnose the true cause of Rods disabilities and death- DMII from the Nam.

Dr. Bash responded fast to a brief email from me in Nov 2004 and got itall very quickly after I briefly mentioned what evidence I had-and called me a week after getting the evidence and he agreed with my claim.

I have not only 3 IMos, but also my own probative and competent medical submissions prepared the same way I won the FTCA settlement- and also the VA's own admission of malpractice of "Multiple" deviations-

more than just the CVA and heart disease-but not defined clearly what other malpractices there were.I obtained a statement in support if my claim from the only VA doctor who did know that Rod had diabetes and he was overruled by two other VA doctors when he wanted to order more tests on that.

All of the other evidence-I had prepared- with full medical rationale- the main office told me to send copy to the local rep as well as the RO level rep-

The RO level rep has none of it anymore- I dont know about the local reps file.

When my claim went to the BVA they thought they would not hear from me for 2 years or more-it was obviously going to be a remand so that would add many more months to the 2 years that they would not have to deal with me---I have clear documentation that they refused to help with it or support it.They told me I had no basis for a fast remand.

When my claim suddenly came back from the BVA in less than 2 months-aqctually one month after my formal BVA request-they were shocked and angry because now they again have to deal with their errors on the claim.

Then one rep bragged to the other reps that HE got the fast remand for me--I corrected that quick-

I have positive proof that he had nothing to do with it at all, would not support it, and I told the Governor that NYSDVA had absolutely refused to help me with that remand.I have bonafide proof of that too.

This is an organization where -at least in this locale- reps are covering the asses of other reps and they didnt think anyone would ever tell their main office what was really going on.

Edited April 2, 2007 by Berta (see edit history)

[Done wit this]

Berta,

Are you still using Pete,G as your new Rep and are you happy with him?

Just wanted to know cause as you know he is My rep too.

Macool

[Objee]

Berta,

These problems you're having really "frost my cookie."

If you get to the point where you prevail against the rep and state VSO, take the case before a sitting grand jury with jurisdiction and ask for a presentment of criminal conversion for the value of the "lost" paper. Whether you prevail or not, the process will alarm the hell out of the rep and state.

Ralph

I do- at the VARO Carlie-

but this is why I received no support from my POA.

Except for the IMOs- VA definitely had them but then they disappeared from my VARO file.

I asked my POA who also has them to resubmit them with a 21-4138-showing the VA that I have active POA representation.

For some reason my POA won't.

I think I found out why- in Sept 2005 the RO level vet rep told me he had taken the IMOs (2 at that point) out of my c file to present them to the DRO.

He did take them outof the c file. They were never seen by the DRO.

The VA has never rejected them or opined on them at all.The VA has never seen them.This December they told me they never got any of them.(submissions- at least 12 times- via me, BVA, and the vet rep)

He told his main office boss- the director what he had told me-that he made this big presentation to the DRO of these highly probative IMOs.

but it never happened at all.

I have proven that he lied.Well I didnt- the VA did. The SOC clearly does not mention at all what the rep told me happened.He never presented them to the DRO- per VARO itself.

As it stands I have 3 IMos, the VA has never seen any of them yet- as far as I know-and they all support my AO claim.

My claim is with a rater and my POA refused to check to see if the first 2 from 2004 have miraculously appeared in the file again.

Then again thats good because I think the POA took the first 2 (2004)out of the c file and never gave them to the DRO or even put them back.

Now they have the other 2006 IMO to lift too.So I dont want them near the file.

I can deal with some VA doctor trying to knock down my IMos.

But I cannot deal with the fact that I spent 4000 bucks on them and

apparently the 2004 IMo was removed from the file at the RO and the other one might have been already too-

VA loses evidence ,but they dont take IMos out of a file.

After over a dozen separate submissions of those 2004 IMos-

and they still arent there obviously someone has removed them continually from the file-

The 2004 IMOs prove that the vet rep in 2005 lied to his boss.

I willingly have spent lots of time helping vets with claims as an unpaid volunteer and even helped this POA too-but I will not stand for paid vet reps to pull stuff like this.

If I get a decision without proper consideration of these 3 IMos I will sue my vet reps.

They know a proper decision on my claim depends on these IMos because the other considerable evidence I sent also has been ignored and that is probably missing too.

You all must wonder why I just dont change my POA-

NO WAY- the former rep I had hurt a vet friend of mine-it was atrocious what he did to him but I raised such a stink that another rep fixed what he did-and covered it all up so the big boss would not find out-but it is all documented in emails.

yet

how many other vets with valid claims did they do this too?I cant even tell what they did to this vet because I will get too angry-

Some of us have our claims denied -not because we dont have the right evidence- but because someone for some reason on our POA made sure the claims would be denied and that their representation would never be questioned and they would never be found out.

I am not a claimant in dire need of a retro check-

and I wont send the IMOs to the VA again-

the next decision to me from VA will determine if these reps can be sued.It is beyond POA incompetence- it seems to be outright theft of my evidence.I need to wait for the next VA decision to see if that is possible.

Then again the 3 IMos might have miraculously been put back into the RO file by now because I have raised all sorts of Hell about this within the state Government.

The VA cannot make proper decisions without benefit of the evidence.and they still have never rejected or opined against any of my IMOs-and I am confident that my claim will succeed.I can easily get another IMO too and am prepared for that-

my AO claim has been denied entirely due to my POA reps.

[Berta]

Dr Bash told me many months ago to tell my Congressman , my state senators and anyone else I could think of regarding what I was putting up with-but at the time I had gotten a different rep from the same POA and I just said yeah Craig, will do- - but I was thinking lets see how the new rep goes-

Dr. Craig Bash was right and it is my fault that this has gone on so long-I guess I better get tough wwith these guys and I think I have taken up enough board space on my issues-which are really nothing compared to what many of you deal with.

Ralph-I want to FREEZE somebodys cookies-100% P & T -but not freeze yours--frost is OK- ;)

I need to determine if their liability insurance is umbrellaed by the state or if they have to carry it as individuals.Lots to look into-but I have time for that and want to give them continued opportunity as my POA -to screw up some more- or maybe begin do it all the right way.

-