January 3, 2006

Fm: Joseph L. Puente
P.O. Box 262
Mt. Pleasant, UT 84647

To: James Floyd
Director V.A. Medical Ctr.
500 Foothill Blvd.
Salt Lake City, Utah 84148

Dear Mr. Floyd,

In September of 2005, I exercised by right and responsibility as a V.A. patient, as described in Section IV. of the Department of Veterans Affairs pamphlet number IB 10-160 (April 2002), by submitting a written complaint to The Central Valley Medical Center of Nephi, Utah (a V.A. contractor) concerning my treatment by one of their employees.

According to my rights and responsibilities as a V.A. patient, I understood that I “may complain verbally or in writing, without fear of retaliation.” (emphasis added)

Certain staff members of the Central Valley Medical Center, including Ms. Angie Kaibetony (a receptionist and the person my complaint was about), Susan Graham-Avila (Ms. Kaibetony’s supervisor) and Patricia Banks (the CVMC Director of Human Resources) collaborated in filing a complaint against me with the V.A. Police (violation #0510125). After I requested a conference call with Ms. Banks and Debbie Howard (the V.A. liaison at the CVMC) to discuss the matter, I was later served with a restraining order banning me from contacting the above mentioned CVMC employees as well as my physician, effectively cutting me off from receiving medical care from the provider I was told to trust by the V.A. The CVMC did not contact me about where I was to go for treatment or medication for my primary medical needs, depression and anxiety. Two months later, I had to be hospitalized at the V.A. Medical Center for depression and anxiety as a direct result of my treatment by the CVMC and its employees.

Mr. Floyd, I have read the reports that the CVMC submitted to the V.A. Police as well as the affidavit and accusations included with the restraining order. The events, as described in those documents, are slanderous and false and serve only to disparage my character in what can only be described as a blatant act of retaliation for my written complaint.

The restraining order remains in effect until I can retain an attorney to contest it in court. I tried to contest it on my own but the CVMC attorney attempted to manipulate me into signing a stipulated agreement with wording that would effectively invalidate my civil rights. All because the CVMC did not want to acknowledge a professional deficiency on the part of one of their employees.

I have a court appearance scheduled for January 18 to deal with the “violation” I’ve been accused of by the CVMC. I have tried to to get help with this matter through many channels including appealing to the patient advocate at the V.A. Medical Center. Despite her efforts just to get me information about who is representing the V.A. in this case she was blown off by the legal staff and simply told that neither she nor I were entitled to that information.

I have also been in touch with the office of Senator Bennett and one of his staff members is helping me to get legal representation, which isn’t easy considering that I live well below the poverty line. I do not see why it has come to a requirement that I appear in court. The V.A. Police, as far as I can tell, did not even conduct an investigation. I wasn’t informed of any violation or its nature until I was charged. The V.A. Police didn’t even question me. They simply took the CVMC’s word for it and charged me with a crime.

When one considers that the only reason I have been dealing with these legal troubles is because Ms. Kaibetony of the CVMC didn’t like getting a complaint from a patient, how can any complaint she makes about me be taken seriously?

As a V.A. contractor, doesn’t the CVMC have to recognize the same patient rights and responsibilities as the V.A.? Is it expressed in their contract or even implied? Or am I not privy to that information either?

Mr. Floyd, I am begging you, as I have begged others inside and out of the V.A. from Debbie Howard (A V.A. liaison who is always first take the side of a contractor over that of a patient) to Lawrence Biro, who has chosen to wash his hands of the entire matter, clearly demonstrating that he can’t be bothered with the health, welfare or RIGHTS of a single V.A. patient; I’m asking that this frivolous and fraudulent charge against me be dropped.

All I did was exercise my right to lodge a complaint. If I have to appear in court, the message that it will send to other veterans is that V.A. Patient Rights and Responsibilities are inherently meaningless.

Sincerely,







Joseph L. Puente