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    • Buck, I just replied to a new member here and remembered in my reply, that many many years ago I fought a VARO decision but I gave up on pursuing it because I was working on a re opened claim (that became my most important claim with the VA). But if a claimant feels something is wrong with any RO decision they should NEVER give up. Years after my few attempts to get the older decision corrected , I had forgotten about it, but the Regional Counsel was asked to verify the FTCA issues in my past claims -due to my re opened death claim, and he immediately went over my whole C file, saw the letters I had sent to them with legal evidence on the issue I gave up on, and he called a CUE on them. They had to pay me over 40 Thousand in retro.I should have Cued them myself and could have...but I  was battle weary from the other claims I had. If VA made any CUE on those past decision you have, the CUE will be found in their Reasons and Bases sections and in the Evidence list. On CUE we have to narrow our focus solely to what was in VA's possession at time of alledged CUE, and if VA used all of our probative evidence, and if their error manifested an altered outcome, detrimental to us (meaning they owe more cash.). I posted a CUE for another member the other day. There are more templates here as well. We can help more when we see the actual words of the VA. There is  no time limit for CUE.  And these types of 'claims'( CUE isnt really a claim at all, it is a 'frontal assault' on a RO or BVA decision, mean we have to take the time to really go over the issues carefully, and be careful how we word the CUE we file and be very specific when we define the regulation(s) they broke.    
    • No.  Unless you have a court order forbiding contact with an individual or agency, then they can not stop you.  We are not under orders to "obey" general council.   This said, you dont want to irritate them and remember, you get more flies with honey than vinegar.   If you have given POA to another (such as an attorney), then the VA does not want to deal with you..only with your attorney.   Likewise, if you have a VSO, the VA often passes the buck and tells you to contact them for answers.  Yea, right.  Like we can get VSO's to return our calls.   Its understandable the attorney does not want you dealing "behind his back" and needs to fully be "in the loop" in everything regarding your case.  Its an embarrassment to him if stuff is going on he does not know about..its his job to know!    You really dont want to alienate your attorney, if you have one, by doing stuff behind his back.  Let the attorney do his job, and contact him with questions, not the RO, or a VSO.   I simply suggest you call Dennis Shepard, and ask him to explain, why he does not want you contacting the RO.  My guess is that it is for reasons I mentioned above.  However, does this attorney represent you?  State VSO's may have some legal representation for Vets that need it, and you could be one.  I had a pro bono NVLSP attorney, who represented me.  
    • Roger that Gastone..when I finally did get to view it  they watched me like a hawk  was  very hard to concentrate on what I was looking for. I am glad the C-file's are being digitized  I got mine in on Monday of this week The C-FILE CD came as a single PDF File - All content was scanned and placed into a single Adobe Acrobat file (.PDF) - which was nothing but images; being they were scanned.  Fortunately, I had purchased a copy of Adobe Acrobat Professional and it has the feature to take the PDF and search the images for text recognition characters and gave me the ability to search the PDF file as a text file - the only downside is it does not understand majority of handwriting, but does pick up some that is neatly written.  This sure makes it  easier to find  things.  I have  All this information  in my lap-top and the orginal CD-rom I put up for safe keeping. .......Buck
    • "So my question is: Can the VA General Counsel stop me from talking to them or even emailing them? I came down with pancreatic cancer after being exposed to radiation from the HAWK Missile System." I believe  Dennis Shepherd is a staff attorney for Tammy Kennedy, Office of Chief Counsel, VA-Nashville Tennessee. Do you have any documented statement from Shepherd? OGC district lawyers have very little involvement with the claims process. A Regional Counsel caught a CUE in a past VA decision for me. I had fought them on it long ago but then just gave up.Something I never did before.One should NEVER give up. I was too involved in re opening a claim at that time. It was an unusual situation for the RC to even look into because I had re-opened a claim, but ,due to the circumstances, he had to verify something with them and the OGC in DC, and he called the CUE on the VA right away. It was a large monetary retro award. Still I never heard of anything like you stated....for a staff attorney to get involved in this type of issue.   Obviously if VA checked the wrong Branch of service you were in, something is amiss. Can you scan and attach their denials here, as to their Reasons and Bases part and the Evidence list.? (Cover your name , C file number, etc etc.)  
    • Buck52 thanks for the info, I saw the pay chart that is current for time being for compensation. For what's allowed to me as a single vet no kids or spouse it is 836.13. My question was just if I was gonna be paid again in Aug. but thanks for the information. My claim is under review again for adding compensation and should be decided by the the nd of the year. Just wanted to make sure I didn't over spend just in case you know. But yeah, my letter said I awarded that much and so does my ebenefits account. Glad I had my paperwork and files and everything sorted and documented. Made everything go smooth with no hitch. Thanks again for the help boss.

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wjack12412

I Am Sooooooooo Angry

12 posts in this topic

My Dad just received his Brown Envelope and he was DENIED FOR EVERYTHING. He has Asbestiosis, Sleep Apnea, Pulmonary Hypertension and Cluster Headaches. He was told that the Asbestos was caused by his job that he did when after he got out the Navy. He was told by his job when he filed a Worksmans Comp claim that his Asbestos was caused by the Navy. Tomorrow I will be going to his house to see the letter to begin doing an immediate Notice of Disagreement. We will be sending in the letter from the previous doctor's saying he got it from the Navy. The pulmonary hypertension and sleep apnea is secondary to his asbestos so I think. He said he began getting cluster headaches when he was in Vietnam on the ships and them shooting the guns causing him sever headaches. I will be getting a buddy statement to tell about how they would shoot the guns and it would cause hiim great distress. Any other assistance to help my Dad will be anticipated, because as some of you Vietnam Vets know they find ways to screw you. Here I am 100% and he damn near can't breath and they tell him NO. I WILL FIGHT THE GOOD FIGHT.

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Wjack, I need some more info. I also have Pulmonary Hypertension associated with Lung Disease.

You need his doc to write a nexus letter stating that your fathers naval rating or Job as well as being aboard ship that contained asbestos insulation was his first exposure. Then his Civiian occupation was his second exposure. Link both exposures together so they cannot play one against the other. Once you get the asbestos Service connected ask for 100 percent schedular because of Pulmonary hypertension.

That disease in itself is the most serious. It is an automatic 100 percent when associated with Lung disease. ( Does not matter what the Lung disease is rated at.)

Ask for a DRO and If need be, I can assist or even write you a letter. ( I was a Naval Asbestos Worker specialized in shipboard removal) and have the credentials in the service record to back it up.

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Wjack,

NOD info:

Study Chapter 5:

http://www.warms.vba.va.gov/M21_1MR.html

Also, search the hadit site on writing the NOD.

Yes, you fight the good fight - others will bop in here, jbasser will

help you too. Don't you give up on this, I know you won't but

VA hopes you will.

jmho,

carlie

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It is good that your Dad has you to help him and that in and of itself is great! Sorry that they are doing this to you Dad's claim.

Here is a quote - oldie but goodie - Don't get mad - get EVEN!

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Wjack, I need some more info. I also have Pulmonary Hypertension associated with Lung Disease.

You need his doc to write a nexus letter stating that your fathers naval rating or Job as well as being aboard ship that contained asbestos insulation was his first exposure. Then his Civiian occupation was his second exposure. Link both exposures together so they cannot play one against the other. Once you get the asbestos Service connected ask for 100 percent schedular because of Pulmonary hypertension.

That disease in itself is the most serious. It is an automatic 100 percent when associated with Lung disease. ( Does not matter what the Lung disease is rated at.)

Ask for a DRO and If need be, I can assist or even write you a letter. ( I was a Naval Asbestos Worker specialized in shipboard removal) and have the credentials in the service record to back it up.

Jbasser,

My Dad is a Retired Damage Controlman and although he is able to still somewhat enjoy life about 8 years ago he was diagnosed with asbestos and he put in for Workmans Comp and everyone of those doctors claim that he received got asbestos from being exposed in the Navy. He served on every old asbestos ship. We are going to send his previous doctors notes stating it was from him being in the Navy. :rolleyes: Thank you guys so much. I am trying to remain positive, but my Dad is the reason I joined the Navy, because he spoke so highly of the places and things he did that I wanted to do the same. I was given 100% within 14 months of my retirement.

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I am glad that you are helping your Dad and probably your Mom also.

Good Luck

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