Waiting And Nervous

[CaravanDan]

Since the last time I looked for help here w/no success--I searched the Internet and finally came up with someone willing to help,I found out that my claim that I filed a few years ago for Guillain Barre Syndrome and was given Medical only by the VA-- should have been Rated and triggered a VA Reconsideration to determine if my discharge was under Other Than Dishonorable conditions. For some reason they didn't do this........... Thanks Dan

Edited April 18, 2016 by CaravanDan

[Ricky]

Dan once again - clam down, take a deep breath and just do what you gota do good buddy. God bless you and good luck

[CaravanDan]

Berta said:

Dan-the rep who took Jerry's place-

 

he is the one who cost me 2 1/2 years-where I thought they were representing me but he never formally started up my POA again-

and his is the main reason I filed a complaint with his boss in Albany (sent 2 complaints to him), then the Governor,(used their replies as prime facie evidence) for a final complaint with the OGC in DC.

 

They were not taking me seriously- they do now-

 

There have been other complaints against him (the one who took Jerry's place) but they went no where-

The General COunsel has to look into what I filed however-

the illegal revocation has to be straightened out-among other things they did-

 

Buffalo- we deal with some illiterates there-I have had plenty of experience with Buffalo-

 

 

 

A CUE is important because it can generate a lot of retroactive money- but it depends on first getting SC that was awarded at the wrong rate due to a legal error in an old decision.

 

Once you get your discharge upgraded -and this can happen-but it takes alot of work-and then if you get a SC award- the potential for a CUE claim might be there due to past denials- hard to say-----

 

but I certainly feel you should fight for this discharge to change and for your claim.

 

There have been changes at the Bath NYSDVA office but I dont know yet what they are-

someone else is working there-as a rep- the VA Chaplain said it looks like their office is closed sometimes ???

 

I might take action in a state court against them too- waiting for my lawyer to move into office closer to me-

I asked General COunsel lawyer if my VA complaint precluded a state cause of action lawsuit and he said he didnt think it would at all.

 

Men and women -I extended these guys on my POA the Benefit of Doubt countless times when they screwed up -after all- that is what we all expect from the VA -but they took deliberate steps to fail to prosecute my claims properly-

time after time-and the dopes documented their errors-and I was a dope too because I was helping this rep with HIS claims!

 

They didnt seem to see any monetary potential at all in my AO claim-didnt even know who my IMO doctor was-(Dr. Bash),and lost important evidence (some that was in my c file)

and recently I had to send the OGC more info and I added the monetary value of the AO claim-about $103,000 and broke that figure down-

they would have known the value but I dont think they ever even looked at my file there or my evidence.

 

and I pay state taxes that ultimately pays them to help vets-dont stay with any rep who doesnt seem to know what they are doing because they really probably dont have a clue.

 

I told the GC that the vets and widows here at hadit- doing caims help on their own time and own dime are a heck of a lot smarter than any of the reps I had at NYSDVA.

Hi Berta,...Thank you all for your encouragement and help along the way!!!  Thanks Dan

Edited April 18, 2016 by CaravanDan

[Berta]

Dan- that is hard to say- how long a Reconsideration would take-

it takes time to render a Character of Discharge and you and I both deal with Buffalo VARO-they are slow-

I filed Request for Reconsideration in June 2006 and it still has not been resolved.

They base their determination on many factors- I hope you have all of your service personnel and medical records-and have considered any form of evidence you could send them to alter the discharge- buddy statements,family statements, private medical reports right after discharge, anything at all that would help overcome the OTH discharge.

BVA decisions -if you search under Character of Discharge should bring up many cases and they show the evidence that helped the vet attain a better discharge.

Edited December 26, 2007 by Berta

[CaravanDan]

Well its been 6 more months waiting and nothing.........Thank you all for your encouragement and help along the way!!!

Edited April 18, 2016 by CaravanDan

[CaravanDan]

Well its been 6 more months waiting and nothing....Thank you all for your encouragement and help along the way!!!

Edited April 18, 2016 by CaravanDan

[jbasser]

Caravan Dan, with 17 lbs pressure for your CPAP machine and heart problems, do you know if you have Pulmonary Hypertension?

If you do and it is documented, The Electric company cannot turn off your electricity. Pulmonary Hypertension is a disease that can cause sudden death.

Find you an attorney ASAP or see your local Legal Aide. They will help you get it back on.

As far as the VA is concerned, Have your Vet rep write a letter and ask if the COS review was ever completed.

If it has been, ask them to immediatly decide your claim and explain your hardships.

You should be 100 percent P and T at the minimum given your conditions.

I hope you have a good rep. Keep us posted and the folks here will help in any way we can.

In the meantime, If I were you, I would contact the press about the Electric Company and the VA.

They both hate negative press.

John

Edited July 4, 2008 by jbasser