Berta Elder
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Berta last won the day on April 27

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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. Have you requested a copy of your C file from your VARO? Your C file might reveal not only the actual claim you filed in the past, it also might reveal that they did Not attempt to get your SMRs at that time....but should have. When I got a C file copy I found critical medical evidence the VA ignored ( my husband's autopsy)and even found a Peer review report they -Buffalo RO (and even the OLMA- VA office of Legal/Medical) told me had "never existed." ( They did have a copy of it) It fully supported with a 4 page medical Peer FTCA Review opinion,done for the Regional VA Counsel-supporting all of my lay medical malpractice charges.The RC wanted to settle with me within days of getting the report. Then the RC retired suddenly and so did the Cardio doc who did the Peer Review and then of course the Report disappeared too and I had to succeed on FTCA at the OGC-DC level without it. C files can contain a wealth of surprises....unfortunately so can VA medical records too.
  2. Chavez, it the decision holds actual legal errors to your detriment a Request for VA to CUE Itself , has worked for me and 2 others here, and much faster than a NOD (yet it does not stop the NOD one year clock. All explained in our CUE forum, under Requesting the VA to CUE itself. Today there is news on the recent Veterans Accountability Act...I need to take time to see the news and see what the Act covers.And I need to write to the Sec and Trump again if they did not consider some of my being to write a Fast Letter on CUE within the appeal could reduce the backlog ..because the is no regulation for this tactic...but it will work if it is a bonafide CUE. We cannot file an ample NOD if a decision is clearly and unmistakably erroneous. But If it is a question of medical issues, rating etc, any medical disagreement will probably need a strong IMO/IME. Gross errors and incompetent "examiner" statements are not for CUE claims. You can request another C & P exam, if the examiner's credentials were not appropriate for opining on your claim. One male vet here got a gynecologist opining on a their issues. Duh.I hope they requested another C & P exam. Another vet recently- for a severe foot condition, got an opinion from a doc who said he didn't know anything about foot disabilities.Double Duh. A fairly new shrink got so fed up at the local VAMC here, she walked out.Maybe they will hire a foot doctor to do her job...???
  3. I found you had posted this same docket # here,in a past post so were there 2 VA decisions in 2014? I do not see in the decision anywhere that indicates BVA awarded for PTSD, but they remanded the claim..Did the RO award the PTSD after the remand? "I'm not asking if there was a CUE, or to have my claim readjudicated here, filing for TDIU, or reopening the claim. I am looking for your guess as to the outcome of this DRO hearing based on the facts" If you are asking me.... I think the PTSD award from the BVA triggered a decision that could well have CUE potential and more retro but then again we don't have all the facts , so no guess from me.... And your vet rep would know by now anyhow if any of your decisions contained CUE....which for me and others ,has reaped some good retro cash awards due to better EEDs and/or correct of CUE errors.. Others here will be willing to guess on your chances, since this is what you are focusing on: "The DRO as I said is only considering whether or not to recharactetize my statement listing my psych meds as a reopening of the denied psych condition, and I was wondering your thoughts about anybody's experience in hearings with DRO's."
  4. " Also told me there is no such thing as a reconsideration "-yeah, I even had to enlight a well known vet lawyer about that. Even BVA decisions can be reconsidered under certain BVA rules. There are a few members here to include me who have filed and won Reconsideration requests. I just wrote them a letter but I dont know if there is a form to use.Forms are found at the VA main site or here under a search. Broncovet added the M21-1 MR info on Reconsideration Requests: This might weigh the scales to Benefit of Doubt: (I say Might weigh the scales equally but don't forget who owns that BOD scale. "But it appears that it is as likely as not, that your long history of solvent exposure may have contributed to this diagnosis." But it needs a full medical rationale and referral to your inservice STrs, MOS and inservice nexus.
  5. The DAV rep was trained in that like I was.Or he can go to the BVA web site or search here and find out how to do it. I think this is Swarthy's BVA decision: In Part: CONCLUSIONS OF LAW 1. The September 2008 rating decision which denied the Veteran's claim of entitlement to service connection for PTSD is final. 38 U.S.C.A. § 7105(c) (West 2002). 2. Evidence received since the September 2008 rating decision in connection with Veteran's claim of entitlement to service connection for an acquired psychiatric disorder is new and material and the claim is reopened. 38 U.S.C.A. § 5108 (West 2002); 38 C.F.R. § 3.156 (2013). But it doesn't jive with this statement he posted here. "In 2014 the claim for PTSD was granted and rated by the BVA." Swarthy is this it above: Citation Nr: 1417506 Decision Date: 04/18/14 Archive Date: 05/02/14 DOCKET NO. 13-13 450 ) DATE )
  6. The DAV rep was trained in that like I was.Or he can go to the BVA web site or search here andf find out how to do it. I found 3 possible BVA cases that might be his..... but don't have the time to read them yet.... It is easier to find BVA cases with the actual docket number.
  7. We need to see the BVA decision....because that decision should contain an EED they awarded for the PTSD and if the BVA erred with a CUE (possible but it does not happen often because the BVA can read), then a CUE could be filed with a Motion under CUE, against the BVA decision. Info on Motions regarding BVA decisions is available here under a search....and at the BVA web site.And the vet rep knows how to do that.
  8. OK I found more here under a search from above link: "I need help untangling my next step: In 2014: 1. The September 2008 rating decision which denied the Veteran's claim of entitlement to service connection for PTSD is final. 38 U.S.C.A. § 7105© (West 2002). 2. Evidence received since the September 2008 rating decision in connection with Veteran's claim of entitlement to service connection for an acquired psychiatric disorder is new and material and the claim is reopened. 38 U.S.C.A. § 5108 (West 2002); 38 C.F.R. § 3.156 (2013). Status of Your Claim Complete Submitted: 11/27/2007 (Compensation) Claim Closed: 09/26/2008 Disabilities Claimed: sleep apnea (New), right shoulder weakness (New), PTSD (New) Representative for VA Claims: DISABLED AMERICAN VETERANS Current Status: Complete In 2014 the claim for PTSD was granted and rated by the BVA. An effeective date was made for 2011 (The date we received your claim) My question is that since the 2007 descision was made final and the case reopened simulataneously- would that make my effecti would that make my effective date to the 2008 descision, not 2011? My RO screwed the pooch, re-writing my contentions and I ended up with a "new claim" (see below) Submitted: 12/27/2011 (Compensation) Claim Closed: 04/19/2012 Disabilities Claimed: acquired psychiatric condition(New), ethanol abuse (Secondary) Representative for VA Claims: DISABLED AMERICAN VETERANS Current Status: Complete In effect, I have had two claims running for mental health one for PTSD (filed in 2007) and one for "Acquired Psych" (re-written and filed by RO)" Now I am really confused. "In 2014 the claim for PTSD was granted and rated by the BVA." Can you give us the docket number? Did the DAV tell you that they only SC and pay comp for one MH issue? Has your Acquired Psyh disorder" diagnosis been subsequently changed by the VA to PTSD, via a C & P exam???
  9. Not much info there but I definitely think the vet rep should have advised you to re-open the claim with New and Material Evidence....based on this brief download of the DRO hearing. It appears you lost the appeal deadline and it also appears that they denied the claim for PTSD in the past due to the unverifiable stressor. The proof of a stressor would be New and Material evidence,enough to re-open the PTSD claim. Unless you did get an award for SC PTSD in the past. Did you? and when was that? If the VA denies a claim, for SC that they subsequently award, then the older denial decision might be ripe for a CUE filing...might...with a better EED..... But I believe you and your vet rep are misinterpreting the "spirit " of the law as well as the "inflexibility" regarding the Appeal deadline. With 80% now, if you are not employed did the rep advise you to file for TDIU? "with a January 2010 effective date, there won't be a need to CUE the previous RO descision in 2008". What did they award then (2008) , what was the award specifically for, and what was their Reasons and Basis? Others will chime in too.
  10. Here is a start: But much more discussion here too under Chapter 35 search
  11. The 2 in college may be even eligible for some Chap 35 retro..depending on their age and the EED,but we have lots of Chap 35 info here under a search.. Broncovet is right as to the EED and also their ages are a factor. It is wonderful.I used Chapter 35. Unless things are different for adult children, I, as a widow, had to pay for my semester courses in advance and then with proof of payment from the college Financial Aid office, the VA would reimburse me.
  12. AMU too? Good for you Allan!!!!!!! And I realized that the vet you are helping find his records ,must have already used the NARA route I suggested....I don't know what else he could do....... Yes you are right about "see you at the movies?"... I helped a few like that until I realized my help went no where at all and I could have spent my time better helping some other vet here instead. I hope no one here gets offended at any legit gripes from us advocates. This work is not easy and often very time consuming. Our experiences as hardcore claimants was miserable for many of us, but gave us a lot of expertise. I still think hadit should be the training program for RO raters....and even vet reps And maybe they all should have copies of "Reading for Dummys"- My former local vet rep dope called me up to help him many years ago ...he was very worried...he had just told a vet that the VA awarded him 100% SC but the reality was it was a NSC pension award and the vet worked,so very little $$$ there...if any.... He did not read the award info correctly. Then he tried to get me to see if the vet had a basis for a PTSD claim. The vet had a personality disorder documented throughout his records ( I interviewed the vet personally) with one possibility I saw of an actual SC disability in his SMRs....but no way I could turn a PD into PTSD...He had no stressors at all. ..unlike many PD vets who were improperly diagnosed by the VA, just to save PTSD cash....I dont know if the rep followed up on the possible HBP or heart problem I saw in the SMRs.He was too busy screwing up my claim. No more POAs for me.
  13. Did he try the NARA site Allan? He needs to file out the SF 180 on line, then print off the bar coded thing, copy it, sign it and then be careful to mail it to the right place, as explained with the SF 180 form.They will then associate the bad coded signature thing with the online SF 180 he filled out. (unless this all has changed...others will know here) He should request all inservice medical records and his 201 Personnel File as well. He can click on the Military records button on the site: It took me a few months to get my husband's Navy records, but they also sent me a letter to advise the VARO had his USMC SMRs and 201 file. That is where the Marine Corps records were supposed to be, as the claim I had depended on them and not Navy stuff..
  14. You are correct Allan.... Also many here do not answer questions we ask----we are not being newsy---these are the same questions a good vet rep or lawyer will ask them anyhow. I replied to your other reply today and your whole VA situation can help many here (and the guest readers-it amazes me to click on the online member thing sometimes, to see what the guest members are reading.... they take the time to read a lot of the info here...and even better sometimes they join us to tell us they won their claim- because, as a guest member, they read the info here they needed and never had to join to ask questions. I will work on an article on research and post it here Claims Research topic. "Though doing research burned me out in college" me too , I had some tough Officers as professors but the toughest one was a USMC Major who called me from Quantico to tell me I had been one pixel off on a Thesis cover letter (I knew it was off but I was so exhausted -it was a thesis on the Vietnam War for tactical warfare classes) I figured he would never notice.He gave me Hell and told me it would affect my grade. It did. A -. 2003-2007 under Chapter 35.AMU American Military University My classmates were all either enlisted or officers or retirees.Fully VA approved for GI Bill and CHAP 35. I was here then too as well almost every day and also I was awarded a certificate in Military studies that I earned along with my degree.
  15. And then I could educate the VA!!!!!!! By taking the time to do research, is the main reason why I won all of my claims Allan. But I notice here that some do not even read the links I post in my relies, ...and links to any BVA or CAVC cases , and M21-1MR can really help vets understand this process and what they need to do. As Summer approaches my time gets very limited here.I have farm, the household maintenance, and my garden and flower beds , weed wacking , and also am in an extensive Bible program and active with my church... Maybe I should write a brief article on how to do research on the net. that can help a claimant, and post it here somewhere. It can take a lot of time but always worth it. I used to have to go to law libraries, and get restricted amounts of 'xeroxes' to have copies of 38 USC but now with the Internet and hadit, 38 USC,38 CFR, and even M21-1MR I think, are all here.and up to date.