Can you scan and attach the actual decision here ? (Cover the personal identifying stuff)
What is the basis of the doctor's wrong doing? do you mean medical wrong doing?
Can you also scan and attach the C & P exam you mention?
"There needs to be a more direct and open process to review these types of biased approaches because it is not only apparent but obvious and should be stopped by someone above the regional offices when it occurs"
I had so many similiar problems many years ago that I asked for a VACO Administrative Review.
But I had a tort claim as wel as a 1151 claim goping at the same time and these claims were awarded prior to any Administrative Review process.
I do believe the administrative review I requested got some thumbs out of a few butts.A VA lawyer called me up from VACO and asked me what I wanted him to do about the review as they hardly ever get requests of this type.
I told him I needed him to teach the VA OGC and the RO how to read.
If you can get a vet rep or better yet a lawyer to support this type of request- it could help you but then again I dont know what really is the case here as to any wrong doing.
I had problems with a VA C & P doctor that led to 2 disgraceful SOCs, one put me into one of the darkest moments of my life
as I was fighting VA for a wrongful death claim and the C & P doc suggested my husband died from a cocaine overdose.
I had knocked down all their past ridiculous cause of death statements in the prior SOC but this one floored me.
I became very depressed and then I got angry- my husband was an organ donor and that requires an autopsy which I had sent to VA many many times at that point- and it included a full toxicology report.
Of course he didn't have any drugs in his system except for the meds from VA.
You need to check all available records (use FOIAS if you need to) to see just what this Team came up with on the denial.
The VA can stoop very low.
When I contacted the C & P doctor myself-furious at the lack of any medical basis for his cocaine statement- I found out that not only did the RO deliberately keep the autopsy from him ( they did this to the OGC doctors too) but he also had added to his C & P that an autopsy would have ruled out the cocaine statement.That shold have been put into the SSOC but of course they skillfully avoided it because I could have again submitted the autopsy to rebutt.
The C & P doctor was stunned (as well as VACO doctors) that they had been asked to opine on these claims without even any mention of the autopsy (which VA had ,in all, 12 copies of by the time these claims were awarded.)
He even sent me copy of the actual C & P report so I would believe what he said.
(I didnt know in those days we could request the C & P reports.)
Do you have a vet rep? Have you considered obtaining a lawyer?
I had a dumb rep and no lawyer regs were available when I had these problems above- and I now believe no lawyer would have put up with this deliberate VARO crap.
I fully feel you need a lawyer here if you dont have a good rep on your POA.
I can only base this on what you posted here and maybe the actual decision and C & P exam will reveal more.
I created a lot of waves at the local VA and my RO and probably some of their actions were for spite as they tried to continuously deny these past claims.But if one makes waves .they have to have a strong basis for their gripes and I had that.I knew the medical evidence would eventually outweigh the RO's deliberate and inaccurate denials (and it did)
When I claimed direct SC death in 2003, maybe why that is why it took them 6 years to award (at the BVA- as the RO refused to read any of my evidence ) and then another year fighting their attempt to keep my money (they failed to succeed.)
The BVA doesn't care about the spitefulness of ROs or even about their negligent way of reviewing our claims.
That is where a proper decision might come from in your case- as long as the medical evidence warrants it.
I sure suggest getting a lawyer at this point because this might be too much for a vet rep to handle.
Edited by Berta, 28 June 2011 - 10:39 AM.