Berta

HadIt.com Elder
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Berta last won the day on January 16

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About Berta

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    HadIt.com Elder/SVR Radio Panelist
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  • Service Connected Disability
    Wido

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  • Location
    Beautiful hills of NY
  • Interests
    tactical warfare student- AMU
    gardening
    fishing
    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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  1. Buck thanks for listening in---and for always being so helpful and dedicated here at hadit. I didn't know how difficult it was for you to hear.....I met a vet yesterday at the VA and he had just gotten a new hearing aid set up and did all of his talking into a mike on a head set like what pastors and many of the TV people use , probably like yours and had something attached to his wheelchair too (I think) to make his hearing better...next time I see him I will ask him how that all works. Yeah .....I had no idea the basser man was becoming a bald eagle!
  2. If you missed the great radio show last night, just click on the Podcast link above and it will pop up in your media sound player. I made a mistake…said the new Secretary was former VBA, but he was in fact VHA, so he has to learn VBA 101 – the stuff we basically deal with. VHA Veterans Health Administration VBA Veterans Benefits Administration We covered a lot of stuff and Tbird had some GREAT stats as to the site! And we had a lot of good laughs!
  3. Buck that is 7 PM EST too ( I hope) and we should all be able to make this a Great show! Tbird has altered the lives of THOUSANDS of veterans, their families and their survivors in such a positive way! I wish that could be said for the VA itself too but hopefully that will all change with the new administration....
  4. I couldnt find those awards but found this one: https://www.va.gov/vetapp16/Files5/1638237.txt In part: (Of course the C & P went against the claim but the IMO/IME doctor gave an outstanding medical rationale) “In contrast, a private independent medical opinion dated in July 2016 reveals that a private physician provided the opinion that after reviewing the Veteran's claims file and the pertinent recent medical literature, it is more likely than not that the Veteran's sleep apnea is secondary to his service-connected PTSD. He noted that 47.6 percent of combat veterans with PTSD were found to have obstructive sleep apnea compared to only 12.5 percent of healthy controls. The physician discussed an article that talked about a recent study conducted by scientists at the Madigan Army Medical Center noting that they observed sleep disturbances were increasing in frequency and are commonly diagnosed during deployment and when military personnel return from deployment. Recent evidence suggests the increased incidence of sleep disturbances in redeployed military personnel is potentially related to PTSD, depression, anxiety, or traumatic brain injury. The physician also noted that there is a growing body of evidence that suggests that disturbed sleep is more likely to be a core feature of PTSD and hypoxia, sympathetic discharge from respiratory disturbances, dysfunctional REM sleep, and abnormal REM mechanism have been proposed as a mechanism for sleep apnea in PTSD patients. The Board finds that this medical opinion is persuasive and probative as to the issue of whether the Veteran's obstructive sleep apnea was caused by the Veteran's PTSD, as the examiner provided a clear explanation based on a review of the Veteran's claims file and recent medical literature. “ “ORDER Entitlement to service connection for obstructive sleep apnea is granted. Entitlement to service connection for hypertension is granted.” The claim was also remanded for a potential higher PTSD rating.
  5. But you do have to be unemployed or employed for wages at or below the poverty level (GPA) to even be considered for TDIU. (or employed in a "sheltered workshop")---it is within 38 CFR 4.16. If your present employer is covered by the ADA (Americans With Disabilities Act) they should be able to accommodate you by maybe allowing you to tape the meetings...if they know of your disabilities.
  6. I forgo to ask....what did the VA base the 2016 EED on? Maybe it was when they had received proof of your stressor?
  7. Was the 2002 claim denied or rated too low but you didn't appeal in time? If so can you scan and attach here their reasons and bases for the denial and their evidence list? Cover C file # prior to scanning it.
  8. Indeed we are Blessed! This link should help: https://www.dfas.mil/retiredmilitary/disability/payment.html and if you use our search feature for CRSC CRDP, more info should pop up....we have both CRDPers and CRSCers here. CRDP is automatic ( meaning the VA is supposed to contact DFAS themselves.) But you might be eligible for CRSC instead..as it appears to be the case here ..... which ever one provides the best $ benefit. You are sure doing the right thing by checking into all this now,and hopefully they will have a retirement briefing on it all too. Thank you for your service!
  9. Another CUE WIN here ! Great!!!!!!!! Here is a link to the "boo boo"!: http://community.hadit.com/topic/68468-just-found-a-boo-boo/?page=2 That is wonderful news Allan! The worse CUE claim of all is the one that is Never filed! Thank You! Maybe we can move this to the CUE forum.
  10. THANKS Broncovet! I can never find this regulation when I mention it here: "In VA VAOPGCPREC 12-98 it states, (after about 12 pages of lawyer blah, blah, blah) Pursuant to 38 U.S.C. § 5110(b)(2) and 38 C.F.R. § 3.400(o)(2), where a veteran files a claim for increased rating alleging an increase in disability within one year prior to receipt by VA of the claim and a VA examination or other medical evidence subsequently substantiates an increase in disability, the effective date of the award of increased disability compensation is the date as of which it is ascertainable based on all of the evidence of record that the increase occurred." It is legal mumbo jumbo but the VA correctly used this regulation for my accrued claim,when they finally realized they couldn't get out of paying the claim. I usually mention this when the veteran has a SSDI award solely for SC that might hold a favorable EED that VA will accept.. This is how VA used it: My husband applied for higher rating ( was 30% SC for PTSD) in addition to his Section 1151 claim. He also applied for SSDI SSDI upon reconsideration(they did award SSDI solely for his 1151 stroke) also awarded Solely for PTSD with a very favorable EED of Nov 1991, the last day he worked.Because I proved they broke one of their own SSDI regulations. Both awards were based solely on VA medical records. The SSDI PTSD award came within the year after he had formally applied for a higher PTSD rating. VA ignored his TDIU application, because he died, and then in 1997 , almost 3 years after he died , they- based on all evidence of record ( they had ignored much psyche tests etc at first) properly awarded the accrued amount, 100% P & T for SC PTSD with a EED of Nov, 1991, as it was the first ascertainable date (from SSA) that my husband's SC PTSD has caused him to be 100% P & T. The irony is that both SSA awards were based solely on VA records.They could have resolved his PTSD claim in his lifetime.And his 1151 claim. The regulation can be applied to any type of increased rating claim....if the medical evidence warrants it and the evidence clearly establishes the bases for a higher rating prior to a C & P exam result. Us AOers went through that. NVLSP made sure we all got the best EED.But it can apply to any claim for increase if the medical evidence warrants it and the evidence clearly establishes the basis for a higher rating prior to a C & P exam result.
  11. Hadit is a GREAT accomplishment Tbird and you have altered the lives of THOUSANDS!!!!!!!!!!!!!!!!!! I think the Gov should give you a $$$$ Grant to continue this site because this site should be a training program for VA raters and DROs etc, etc....( and also for vet reps, VS0s,....) and if the new VA Secretary really wants to understand what he is dealing with (he is VHA) and now he is also VBA, he needs to come here and see what problems vets have,with VA, and with fully valid claims, that most of the time ,have caused the backlog. We claimants didn't cause the backlog, the VA did. And the fact that often when vets get a real doctor ( IMO/IME) to opine on their claims, they can reverse a denial---------proving how incompetent some of these C & P doctors are. I know for a fact that a C & P doctor in 1996 was under a lot of pressure to write his exam results (posthumous C & P) in a way to go against the claim.VA made sure he did by not giving him my most probative evidence. It also happened when I FTDAed them. 2 VA doctors by phone ( one at VA Central and one at Buffalo) were shocked to learn that the RO had not given them a 6 page autopsy, that in my H VAC testimony revealed I had sent it to them 12 times by Priority mail. VA HAS TO CHANGE. But it will take veterans themselves to help change it. ( and widows like me who are sick and tired of the crap they pull on us) If there is any radio show planned I hope I can call in......this will be a busy week for me.....but Friday is so Special!!!!!!
  12. Hamslice, I thing the vet might have been award TDIU or something because they might have had a fraudulent SSDI award.....as the SSA was involved in this indictment, and it is a lot of money but TDIU or 100 comp awards in a good couple of years could reach close to a 1/4 of a million. A vet I helped got a retro just shy of 1/4 million and this was years ago....also another vet I helped at hadit got well over 250,000...actually I think it was closer to 300,000 or more... The vet indicted had a documented inservice injury and might have filed within one year after her discharge, and then somehow manipulated the injury into TDIU or 100%...I am just guessing but when people get creative about trying to scam a system, (like the non vet who was trying to scam the VARO and the CAVC who I reported) they will do anything they can think of ,to perpetrate and continue the scam.
  13. When things like this happen, it can involve more than just the VA IG: “This case was investigated by the United States Department of Veterans Affairs – Office of Inspector General, the Social Security Administration - Office of the Inspector General, and the U.S. Department Health and Human Services – Office of Inspector General. It is being prosecuted by Assistant United States Attorney Jason Mehta..” https://www.justice.gov/usao-mdfl/pr/jury-finds-army-veteran-guilty-theft-nearly-300000-and-making-false-statement The VA might have received a tip from someone, and that might have caused the investigation. Or maybe the vet received SSDI and that award was fraudulent, and then used for VA comp....? I am happy to have been here as Tbird developed this Great site 20 years ago! But I used to have my contact info here years ago and was asked in email to commit fraud once,by a member (buddy statement) and then also asked by a disgruntled ex-wife member to report her TDIU husband to the VA IG , saying he was also working. Of course there is no way I would get involved with either of those situations. But I did report someone to the US CAVC once.They reached me via the older SVR radio show. That was a fraud situation too.I emailed the Judge's clerk my evidence and the case was dismissed right away. And we all know of the Keith Roberts imprisonment. He had three buddy statements. For some reason the VAIG investigated him, contacted the buddies, and they gave a different story than their statements revealed…..and there was more to it than that. During the past 20 years the VA IG investigated our site and the few other vet sites on the web then. They were looking to see if we were in anyway influencing PTSD vets to act certain ways at C & P exams. No one at any site they investigated was doing that. VA claims are built on truth. That is also how they succeed. That goes for the VA as well. I have multiple documented lies on VA letterhead, lies that they thought would deny my claims….and that did just that , until I fought back. I am just surprised that it took them so long to catch this vet but we don’t know the whole story.
  14. 38 CFR 3.156 can be explained to you by others here... I am taking some time off the board...I have my own claims issues I need to work on
  15. Thanks Buck. In Block 9 I referred them to all of my evidence, to include the OGC Pres Op they ignored. I have found another CUE in the same decision I am appealing,so will prepare that and file it with my RO, since I am asking for a Motion to Advance due to the legal nature of the issue , Rule 900,under C, and 901 "Such a motion may be granted only if the case involves interpretation of law of general application affecting other claims" ( one of the conditions for advancement) (Authority: 38 U.S.C. 5121A,7107; Pub. L. 103-446, § 302)[57 FR 4109, Feb. 3, 1992, as amended at 60 FR 51923, Oct. 4, 1995; 61 FR 20453, May 7, 1996; 65 FR 14472, Mar. 17, 2000; 68 FR 53683, Sept. 12, 2003; 79 FR 52984, Sept. 5, 2014] § 20.901 - Rule 901. Medical opinions and opinions of the General Counsel, Authority: 38 U.S.C. 7109(a)) "(c) Opinion of the General Counsel. The Board may obtain an opinion from the General Counsel of the Department of Veterans Affairs on legal questions involved in the consideration of an appeal." That is what I want. Many times I have mentioned here that it is often best to put decisions away and then read them over again, but being watchful of any deadlines. Today I discovered exactly how the VA overlooked (AGAIN) my evidence in a Nehmer Award I filed CUE on in 2012, the errors are in their 2015 decision. The I-9 is OK as it stands but I am not taking any chances and will file the CUE to draw them out. Maybe this will help someone. The VA sent me a letter saying they were working on both the CUE claim and the 1151 claim and they"enclosed a 5103 waiver." "a' Waiver, one Waiver.For both claims. So I not only listed the evidence ,and copied and enclosed again that I had already sent to them for the CUE claim..13 pieces of evidence to show the CUE in one sentence in the long Nehmer award,so they would not be able to ignore it but also I sent them the sole piece of medical evidence they needed for the 1151 claim, and the 1998 decision it stemmed from and clearly explained all that when John Wagner from the director's office called me. It was one waiver (5103) for both claims and he verified every piece of evidence they had that I listed and said both of the claims would proceed. I made him read back the description of each piece to me, not vice versa so he couldn't say yet it is here but lie about it. These people are unconscionable incompetents. I didn't not think to even question the one waiver 5103 because the letter said they were working on both claims and they had enclosed 'a' 5103 waiver.I figured the VA was trying to save paper but they might have pulled this on others. If they are not incompetent, they are slick and used the sole waiver for the HBP 1151 but not for the main CUE claim.....allowing the director to make her ludicrous statements to me by phone and maybe in some of her emails....I have to check those emails. I had 17 pieces of medical evidence.much from the VA, SSA, VOC REHAB, etc to prove the Permanent and Total status ,sent more than once before, and only used the 13 prime pieces because my printer had broke and the library printer was broke as well. It should not even have been an issue but the Director made it one.....by making sure they could ignore my evidence with the sole 5103 waiver. That's OK. No wonder the accrued amount was wrong.And it was deliberate.They missed 19 months of 100% P & T accrued and told me I had already been paid. I wonder how many vets or survivors they pull crap like this on.EVERY decision I ever got was wrong. They fixed them all ,because I fought back, and now I am going to Fix them! AGAIN