Berta Elder
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Berta last won the day on March 14

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About Berta

  • Rank Elder/SVR Radio Panelist

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  • Location
    Beautiful hills of NY
  • Interests
    tactical warfare student- AMU
    Oriental home design
    organic cleaning tips
    Capt Adoph Von Shell-interested in any info at all!
    German Commander (WWI)lectured to the US Army after the war on warfare-- PTSD - tactics etc-and Leadership
    The Pullers-Chesty and Lewis (USMC)
    chocolate brownies
    anything at all regarding Vietnam
    the failure of the Maginot Line (WWII)
    Trench warfare
    anything amphibious

    Led Zepplin, Bob Dylan, Sting, Al Green, Mozart, Classical guitar,Moog synthesizer, Eminem,Janis Joplin,
    Michael Jackson, Teddy Pendergast, Mongo Santamaria,
    Cal Tjader, Miles Davis, AmerIndian battle chants,
    Hendrix,etc etc etc
    Pho and nuc mam dinners

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  • Service Connected Disability

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  1. Since Mark is affiliated with the North Carolina Health Service Provides as a psychologist, then you sure might want to file a complaint at the link below. I believe his license # is 1835, but not sure. Here is his twitter page but no input since March 3rd: Also if you search the site more info might come up about him. Maybe he is just very ill or has some other reason for not responding, but you deserve to know what is what. You said you paid for a "consult"but that is different from a IME. Did you pay for an actual IME that follows the IMO/IME criteria here at hadit?
  2. That is GREAT News Page! I have used my DEA and CHAMPVA too and they are wonderful benefits!
  3. I am hanging up my Widow's DIC expert hat here Broncovet. In the past 2 months, 2 widows of vets came here with stories of VA malpractice that they felt caused their husband's deaths.One was posting in the Flu shot thread and one in another thread about getting medical records.Unfortunately it was difficult to follow their posts and both gave inconsistent information. I became burned out by their situations.There is always a lot of painful memories for me to deal with in trying to help victims of malpractice.But it can also be a tremendous waste of time.In both cases above, based on the very limited info there widows gave us, I saw potential for VA malpractice that did not comply with what they thought, so they just blew me off on that point.That's OK..... a real doctor would see what I saw anyhow. My point is there is enough info here for anyone to direct a survivor to as far as DIC goes. There are many types of DIC but all of that is explained here.Like veterans, a survivor is not prevented for raising more than one theory of entitlement. Wrongful death is a different issue and that too is all explained in our FTCA and 1151 forums. I have learned to breeze over long renditions of what claimants think their medical records say...;as to possible malpractice. It does not even matter what we think their med recs reveal. I advise anyone here who is willing to try to help a potential FTCA/1151 survivor to direct them right away,to obtain all medical records and then obtain an IMO from a real doctor with expertise in the field of disability that might have caused the veteran's death. I consider myself an AO expert, but you all can be one too. There is nothing really complex at all about Nehmer.But Nehmer came up here again.... Claim from Vietnam Veteran- in country- plus documented AO presumptive disability equals AO SC award. The EED under Nehmer 2010 is explained in this recent BVA decision: as well as in countless posts in our AO forum. One more point about malpractice issues...These are serious charges that involve more than idle descriptions of what VA did or did not do right. Maybe we should maintain the FTCA 1151 forums and the actual regulations , but close them to further comments -because only one thing can prove malpractice and that is documented medical evidence,supported by a very strong IMO, from a real doctor. .
  4. greetings. i have 5 issues that were at the BVA. BVA remanded 3 issues and awarded 2 issues. the Ro sent a decsion letter for the 2 awarded issues.  the RO also sent me another veteran decison letter which he was denied claims. i called the 800 number several time but no one answer. What kind of storm is this going to cause on my behalf and the other veteran? what should i do

  5. Broncovet - this vet(CudJoe) is a long way from needing NVLSP. If he was incountry Vietnam and has IHD, the claim should be no problem at all.We just dont know how long the claim will take. I believe he was asking about the EED but from what I understood, he had just applied for AO IHD.The retro will be the date of his claim. Those AO IHD claimants who had been denied for IHD in the past hopefully contacted the AO NVLSP email addy I posted here long ago.NVLSP's prime purpose was to make sure the VA considered Footnote one properly. Maybe you meant the first poster here...I get confused when too many are in the same thread,but have separate question..
  6. I dont see this as having a CUE basis. I suggest that your husband get a IME from an non VA cardiogist to see if they did give the wrong rating. I dont know how long ago the 10% rating was awarded but the IME doctor might well want to look at those medical records that rating was based on Heart disease ratings had changed when VA awarded my AO IHD death claim. They had to use rating from 1988 to 1994 to determine the percent.And then they combined that with his PTSD rating. I dont know what ratings they used for the original 10%. It was a lot of work on my part because he had never been diagnosed or treated for IHD.I won a wrongful death claim and the IHD was part of that but still I had to find enough evidence of IHD back to 1988, abnormal EKGs and ECHO etc within his medical records. It is possible the past 10% decision contained CUE if that rating did not comply with the VA SRD at that time,This is not what I originally thought it was about...thanks for posting the decision. Others will chime in.We have other AO IHD vets here. I now think the VA refused to reconsider because they did not have any additional evidence to cause a reconsideration.
  7. We didnt get hit more than a foot but it is still snowing here today. I have lots of shoveling to do.
  8. Here is Rick Spataro's email explaining Footnote One: “As for your second question, if the VA should have coded IHD in a rating decision, the claim that resulted in the rating decision could be considered a claim for benefits for IHD under footnote 1 of the Final Stipulation and Order in Nehmer. It basically depends on the timing of the claim, rating decision, and evidence received while the claim was pending. It may also depend on the rules in the Manual M21-1 regarding coding that were in effect at the time of the claim. Typically, though, the following example would be accurate: A veteran filed a claim for SC for a low back disability on May 1, 1990. The VA obtained medical evidence showing a diagnosis of IHD in the development of that claim. The VA issued a rating decision on April 1, 1991, but does not code IHD (list IHD as “NSC” on the code sheet of the rating decision). Under footnote 1, since the condition should have been coded in the April 1, 1991 decision, the May 1, 1990 claim should be considered a claim for SC for IHD under Nehmer. “ By "timing of the claim", claims regarding AO issues filed prior to Sept 1985 do not apply to Nehmer III.
  9. Footnote one is explained here and in many discussions as well in the AO forum: It only applies to Nehmer 2010. The favorable EED of Nehmer 2010 rests on a past denial of IHD,(CAD) or Hairy Cell B, or Parkinsons in a past VA decision. I think I posted one of Rick Spataro's email to me in this link. He is the NVLSP head Nehmer lawyer and I checked in with him many times to make sure I had explained Footnote One correctly here as it was the most important part of Nehmer III.
  11. "In a December XXX 2016 rating decision, the Veteran was assigned a 100 percent rating for Coronary Artery Disease (CAD) with old myocardial infarction, effective April XXX 2015 (date of nuclear stress test); and in the same decision, the RO reduced the rating, from 100 percent to 60 percent effective May XXX 2016 (date of C&P exam). " Can you scan and attach that actual decision here to include their full rationale ?(cover C file# prior to scanning it) We have had so much snow-and more to come that I am already having problems with my PC satellite dish- getting on line here - so others will chime in. You sure might need to consider getting an IME. If your husband has a private cardio doctor they might be willing to prepare one and they will need copies of the C & P exams and all other VA medical records.
  12. I recently posted this topic: info that I have posted here before many times....and bears repeating. You need an independent medical opinion to succeed in this type of claim. You stated: "Additionally, have a pending Tort action for the same cause. FYI...the Tort action was closed for over a year as denied...Status of Limitations expired. November 2016...received a call from a VA Regional Counsel stating she is "re-opening" my denied case for final closure? Hmmm...? The re-opening of the Tort action is still pending? " I dealt with both Regional and OGC VA counsel for my Tort claim. I find that information you got Very difficult to rely on. Years after I won my FTCA tort , the 800# ,when I asked for a status on something else, advised me the Regional Counsel had my files, which made sense due to my additional claim.(additional malpractice matter) However the RC found a CUE on something I had been fighting them over for years and I had given up. The RC told them to CUE themselves and send me the cash. This was not a 're-open' of a tort however..just to check some stuff with the RC that I said in the newer claim as to the wrongful death settlement.if the Statute of Limits is gone I don't see how the tort could possibly be re-opened. If you get a solid independent medical opinion,that fulls supports the 1151 issue,you wont have any problems getting a lawyer.
  13. "I understand that you don't have to pay real estate,county,school tax if you are 100%PT veteran." I dont know if that is the case in every locale.We have veterans tax exemptions on real estate where I live and widows like me get the exemptions as well .I live in a small rural town, so cities might be different. Best to check with your RE tax office. Seniors in my locale also get a tax credit on school taxes. I am not aware of any income deductions for that.
  15. Thanks Tbird. Chris Attig has excellent info at his site! We all need to check out his info! I hope the VSOs and vet reps out there read it as well.