Thank You Carlie!

[Berta]

Carlie- in Aug 2006 I was still stunned to find that what my vet rep said occurred in an informal conference with my DRO

was not at all what the subsequent SSOC stated.

Also I was bothered by the fact that-although I had discussed this all with the rep by email prior to the informal conference- he called me after it happened and told me his version of it but I had no hard copy- and I sure dont tape phone calls.

Then after I made a big fuss over the SSOC he and his main office said they had no record at all of the meeting or what took place but they believed his evrsion of what went on-

which is clearly NOT what the DRO said in the SSOC.

You posted here in August 2006 -the M21-1 info as to these informals conferences.

I unfortunately had put this into my SSOC file instead of my DRO Duty-M21-1 file.

I found it today!

It clears states under M21-1 Part 5 Chapter 5 that:

under Informal Conferences:

"identify additional sources of pertinent evidence."

The VA had since Nov 2004, the 2 IMOs I had at that time (Drs. BAsh and RAbiee) and had failed to consider them at all- not to mention all of my other significant evidence.

My vet rep was to specifically identify these IMOs to the DRO for proper resolve of my claim.

I took Governor Spitzer in complaint letter that the POA claimed a "lengthy conference had occurred" yet what the heck did they talk about-

the SSOC states the rep was there for the conference then only states that VA would obtain a medical opinion and that all I had suppied as evidence (in over 2 years) were "internet printouts". NOT true.Not a single mention of the 2 IMOs.

The POA has NO documentation at all except what they are trying to sell me on this conference.I refuse to buy it-

if it went down as the POA rep said-the DRO would have given the IMos from me to the VA doctor.OR developed the claim under the other reg that says-if they have considerable medical evidence to include IMos to award-they can just go ahead and do that-

Allan posted that reg here the other day.

To make a long story short Thank you very much because it took me time to find this but this is what I sure might need if I get another repeat

of denial based on No evidence.

I have in a letter from the Director, NYSDVA-available to the Gov if needed that he suggested to me that even with my 3rd IMO, I could expect the very same thing to happen.

Who the heck does he think he is- the DRO or a VA doctor?

The printout you gave me clearly states that the DRO had to make a report of this conference and that it should be placed in the C file. !!!!

They even have a sample report that DRos should follow at M21-1---

my whole point-

I am up against a vet division that seems to think I am some dumb widow who does not know what VA regs say-that is why they didnt support my remand-

I can get this report in my C file.

It might well show that my vet rep lied to me -which per the SSOC he did-and his main office is backing up his lie with no documentation-

Because how could a DRO have to mention what the purpose of the informal conference really was-in a report that she had to write-

to have my IMOs finally acknowledged as evidence-

if the IMOs were not in the C file and the vet rep never even brought them up?

I actually did not realise, until I found your post (Aug 23,2006) that I kept-that the VA has to have something documented as to this DRO informal conference.

THANK YOU!!!!!!!!!!!!!!!!!!

I am going to ask my POA to get a copy of it---and see what email BS I get from them-

that will be very interesting.Thank you so much Carlie!

[Ricky]

Berta, during my time on Hadit I have followed your posts with great interest. My personal opinion is that you are one of the smartest when it comes to dealing with DRO's. The reason for my interest in your posts is that one of my claims is in the same bucket. I have received denials from the rater and the DRO based upon "no evidence exist" although I have provided several statements from my treating doctors. Although I have had to formally appeal this claim due to the time constraints, the RO has agreed to have a DRO meeting with me this Monday. I posted my arguments outline in my post "upcoming DRO hearing" and would appreciate it if you would take a look at it and provide any comments you feel necessary.

After I received the SOC in this claim which was word for word with the rating decision, I submitted three additional statements: one from my employeer, and two from treating doctors concerning the time of occurance of my stroke. Should I have not received a SSOC? I really do not know why they denied the claim for there was no additional information in the reason and bases of the rating or the SOC so my attacks are on the "no evidence exist" statement.

Kinda of hard to fight such an issue when you know that you have submitted several pieces of medical evidence in support of the claim. I did not post in my previous post my argument for an invalid SOC but I will also present that during the hearing (it will be my first argument since it affects all of the issues in my claim).

I have taken your advice and purchased some colored paper (hot pink). I will copy the medical opinions and statements that I have submitted and take them to the hearing with me. I spoke to all three of my doctors and asked for their help again. They are willing but the over all feeling is "jez I have written 4 statements already, I can not see any other way to say that you had a stroke in Jan 05 and no evidence exist to indicate that your current neurological deficits are associated to any previous stroke cause there has never been a previous stroke".

The are great doctors and are providing me with another piece of paper. It will reference their previous statements/opinions and rationals for that opinion.

Anyway, I know you are busy but if you could look at my attachment in my previous post and provide any guidance you feel necessary me and my family would greatly appreciate it. Thank you for your kindness and time and effort spent helping veterans.

Ricky

[Pete53]

Sorry to say but the fact is until you see it in writing nothing associated with VA can be trusted. Or the money is in the bank.

[carlie]

Berta,

Thank you for letting me know I have helped another person. It does mean something to me.

carlie