jcolwell

First to thank Berta and several of you for advice and support during the dark days of my claim. Briefly: VSO called this am to advise 100 % P and T for IHD with AICD. They are working on the math in DC. . With Berta help we filed a CUE in Oct 2013 since VA DRO did not address the AICD in the IHD claim. The retro will go back to 8/2010. I was jet engine mechanic in Udorn 1970 and located my colonel who wrote letter to support my claim. Berta , we used the CUE template that you shared so thank you. I am a RN and have been working on my husband claim for Thailand herbicide exposure since 4/2011. I still have a lot of work to do to get him approved for his secondary chronic renal disease and SC for GERD. Regards Patsy and Jim

CDC: Water at Marine base linked to birth defects 1 hr agoBy Michael Biesecker of Associated Press The study surveyed the parents of 12,598 children born at Camp Lejeune between 1968 and 1985. RALEIGH, N.C. — A long-awaited study by the U.S. Centers for Disease Control and Prevention confirms a link between tainted tap water at a U.S. Marine Corps base in North Carolina and increased risk of serious birth defects and childhood cancers. The study released late Thursday by the CDC's Agency for Toxic Substances & Disease Registry surveyed the parents of 12,598 children born at Camp Lejeune between 1968 and 1985, the year drinking-water wells contaminated with chemicals from a leaky fuel depot and a dry cleaner were closed. The study concludes that babies born to mothers who drank the tap water while pregnant were four times more likely than normal to have such serious birth defects as spinal bifida. Babies whose mothers were exposed also had an elevated risk of such childhood cancers as leukemia. Update to Berta earlier posting. Just sickening

I have a reconsideration/CUE for my poor spouse and I call peggy once a week and email iris once a week. I don't want them to forget about us.......and they might. jv

Would think this is positive. the stage you are in is very short now. My claim went from pending decision to closed in 5 days once they picked it up and worked . Monitor your checking account as well as Benefits explorer on e-benefits where you may see quick change to closure with your $$$ showing. I found out my change from Peggy on a phone call and she gave me results because no letters had come. Would call her weekly if you needed to . It is a time to have patience and I don't have a lot left . Good LUck ,

IHD 30% 2013 AICD in CUE at RO. DM2 20% Total rating 40% Should I file a new claim or NOD for chronic renal disease ? Chronic renal disease denied 2013 when IHD was granted. Depression denied 2013 ED denied 2013 Thanks

Yes, documents stated it was final. I did not complete any papers for a form 9 nor did I sign one. I was told by VSO he did another NOD to DRO even though that was the first appeal was to DRO. I did not think you could do a second NOD for same contention. We got new DBQ from cardiologist, and they called supervisor " upstairs at RO " and she said to bring it to her. That is our extent of understanding this mess. JC.

Thanks all. I got 30% for IHD but they did not rate my AICD thus I filed a CUE etc. They requested a new DBQ which I submitted showing I have a aicd DUE TO ihd ETC. I have not gotten any decision from BVA ( never filed with them ) and nothing since I filed the CUE at Local RO... appreciate you guys trying to contribute......we are confused so off to see my VSO next week. JC

We were told by VSO it was at RO going on 2 weeks now. Thanks for the reply

The only claim I am aware of is my recent CUE under claims which I submitted with NOD on 30th ... I have never sent anything to the BVA . Any ideas. JC Details about your BVA Appeal received on no date Local VA Office of Jurisdiction: Phoenix, AZ Power of Attorney: D - DAV Current Progress: Decision & Claims File Dispatch Current Progress Description: Your case has been received at BVA, and BVA has mailed your decision to you (and your representative, if any) and will be returning your claims file to the VA Medical Center. Please note that transit times vary, and there may be some lag time between when BVA forwards your claims file to its appropriate location and when that location receives it. Timeline of Your Appeal Date of Progress Progress Progress Office 10/18/2013 Local VA Office Decision RO 10/30/2013 Notice of Disagreement (NOD) RO 10/30/2013 Appeal Pending RO 10/30/2013 Decision & Claims File Dispatch BVA Show Fewer Items What Have We Received at BVA Date Received Item Received n/a n/a If you submit any evidence directly to BVA and do not want BVA to remand the case (i.e. send it back) to the local VA office to consider this evidence first, you must send us a waiver. For additional information about waivers, please refer to FAQs.

My local DAV office will only see veterans now by appointment. I have to wait 10 days to see a repre. Is this all DAV or not ? JC

55 % was EF at last check. They gave me a rating for IHD already for 30 % for IHD. Apparently AICD was missed or ignored etc.

Thanks all. The evidence of the AICD was present in the medical records at time of claim. My DBQ was old from 2011 since it was in NOD at RO. We submitted a new DBQ with IHD and AICD box checked . Evidence of AICD was in Medical record from 2007 but DAV wanted the new DBQ . Going to see DAV next week. The thought of waiting like you guys did after 2.5 years is depressing at the least. Will let you know. JC

I filed a CUE after rating of 30 % for IHD presumptive for Thailand with AICD . AICD was not rated in my claim. ( NOD from 2011). Claim should have been rated at 100%. DAV agrees it was rated incorrectly DAV and RO had me race to get a updated DBQ from my cardiologist last week which they got on Tuesday and it was hand carried to the supervisor of the DRO area by DAV. They said needed to hurry and get this addressed since claim had just closed it would be easy to " rework" it. That all sounded good to me at time but now it is dead silence from DAV and VA. Cue is posted on E Benefits to be resolved 7/2014.

Update : Got new DBQ from Cardiologist , and DAV is taking it up to supervisor of DRO area for my CUE. All special boxes checked and this one should be a go. Now to wait......JC

Berta agree. I don't think they want a cue and said once they get the new DBQ, they will do a " re-work " etc. The VSO almost had a stroke when we walked in and said we needed update on our CUE.........they are so disorganized..........not happy we did the cue but told them to get over it especially since they had not been of any help when we tried to speak with them. They got the DRO on phone and we had a plan in 5 minutes............jc

Thanks JB , my husband feels exactly that way , The doc is out of town till Monday so will get a new DBQ and I like your statement . I hope I can keep him medicated till Monday as this has caused so much stress. They waited 2 years to tell me and sitting through a DRO interview to say DBQ needs re done............( nails on chalkboard)

Really, good to know. I had no idea. this is important to know as many appeals at Ro sit for 2 years or more./ Thanks

All, DBQ was old to 2011 and thus he wants a new one and wants it to clearly link IHD to ICD . I never saw the DBQ as it went straight to VA from Physician. My Primary care doc did it. My mistake should have used heart doc... and apparently he wants a new one. Cardiology will do a new one on Monday and as a RN I checked all the key boxes myself as I know they just don't spend enough time on these............Thanks for helping.

I was approved presumptive IHD with AICD for 30 % Went to VA today to ask why rating was low with AICD. They stated I needed a nexus between IHD and AICD even though I am approved for Presumptive for Herbicide Thailand and DM.,. My DBQ was done in 2011 so they have requested a new DBQ before they approve 100 %.They want a NEXUS between IHD and AICD ...... I thought with the presumptive claims no nexus was required............... Care is with outside physicians........... What did I miss on this one. Thanks JC

I live AZ as well. There is a VA clinic in Flagstaff and Prescott and cottonwood. Most of the VSO organizations like DAV etc do travel to outlying areas to advise and help veterans. I would suggest you goggle from work ( ask your boss ) for VA services in AZ and maybe you can connect that way. Some even do Saturdays now. Good luck.also , contact the DAV and others and maybe connect with when they are in town or close by. Good luck JC

Thanks Free spirit. I sent the CUE last week but rewrote it using Berta info again today.( sent twice) OUt of the blue they have now opened a claim called " CUE " and it is under review . YEA. This gives me hope. Crazy thing is they said it would be done by 7/2014. You are right about wasting $$ as this time should go to some other poor soul who is sick and waiting. I will keep you guys posted. Appreciate all the support as I try not to reach thru the phone and slap them. At least we are back on the radar. We have spoken to Mc Cain office but will wait a bit to engage them as last time they did not help us. The beat goes on. Patsy and JC

Thanks , to Berta I got my CUE letter off to the RO this am. I was able to upload to IRIS as well, also faxed copy to Veterans affairs in DC office,( for laughs) Faxed to DAV in Phoenix, and indicated in letter that AZ Senators had been copied but not really as they never help on this. Going back to see VSO on Thursday ( have never met him before so this should be fun ). Have not and don't want to file an appeal. I got my 60 days . Feel like I am herding a bunch of Cats. Patsy and JIm

Thanks Free spirit , that was along the lines I was going to use / I have already emailed Iris last week but will send copy again ceritified ..... send to Mc Cain, as my senator, and copy VSO. Once I have a chance to get VSO educated on my claim then he mentioned them speaking with DRO or ask him to meet with us .(laughter) Weill attach decision page, evidence of AICD from 2007, reference the regs in letter Clearly define error that VA committed and ask for immediate correction.(laughter)I cant imagine a DRO hurrying to FU on a CUE. I hope I can get some resolution as this is really becoming a strain my cardiac patient. Does RO have a patient complaint/resolution/compliance officer? I really don't want to assume the bitch role, type A, rachet role but if I must , I must. Thanks for listening and will look for more advice in am. Patsy for Jim

All, just so you know I am the nurse wife helping my husband last 2 years with his claim so he sleeps while I type. Today was a very bad day , he is not handling all this CUE stuff very well at all . Looks like I get to carry this load a little longer. I have reviewed your old posting Berta and all on CUEs. Are these the correct 2 regs to reference in my nasty gram ? I saw your sample, of course what I send will be different . I sent them a fax and called appeal center/Peggy last week about CUE but some of your ideas might be heaver so I want to resend along with all you guys ideas. Who all should I send this to ? Include McCain? Maybe I should send picture of AICD scar ? Really PIA. Thanks Patsy 38 USC 5109A - Revision of decisions on grounds of clear and unmistakable error (a) A decision by the Secretary under this chapter is subject to revision on the grounds of clear and unmistakable error. If evidence establishes the error, the prior decision shall be reversed or revised. (b) For the purposes of authorizing benefits, a rating or other adjudicative decision that constitutes a reversal or revision of a prior decision on the grounds of clear and unmistakable error has the same effect as if the decision had been made on the date of the prior decision. © Review to determine whether clear and unmistakable error exists in a case may be instituted by the Secretary on the Secretary’s own motion or upon request of the claimant. (d) A request for revision of a decision of the Secretary based on clear and unmistakable error may be made at any time after that decision is made. (e) Such a request shall be submitted to the Secretary and shall be decided in the same manner as any other claim. 38 CFR 4.6 - Evaluation of evidence. § 4.6 Evaluation of evidence. The element of the weight to be accorded the character of the veteran's service is but one factor entering into the considerations of the rating boards in arriving at determinations of the evaluation of disability. Every element in any way affecting the probative value to be assigned to the evidence in each individual claim must be thoroughly and conscientiously studied by each member of the rating board in the light of the established policies of the Department of Veterans Affairs to the end that decisions will be equitable and just as contemplated by the requirements of the law.

agree. Confusing ......like a teenager wrote it up. Maybe they did. JC