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vern2

Senior Chief Petty Officer
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Everything posted by vern2

  1. I do not know, but I have always received timely replies to my emails to Ms. Kitty, Director of St. Petersburg VARO. In fact, she usually responds via email and then has a senior member of the appeals team contact me. This just happened today. Another tacit admission that my CUE is valid when Kelvin admitted that there were problems with my claim back in 2013, as evidence I submitted in 2013 was not reviewed by the VSRS in arriving at the decision. As to emailing lower ranking employees, such as Kelvin or others, I would not advise it. Start with Director and they will get someone assigned to look into your question/claim.
  2. My NOD and request for de nova review by VARO languished for amost 500 days, untill I sent allison hickey an email. There is movement on my NOD at last. May want to consider this option. allison.hickey @va.gov make sure to be polite and get a read receipt for any and all emails, same as with written correspondence, cert mail, with green card.
  3. Suggest download the DBQ's for the various issues, also c & p clinicians guide for those issues. If you have supporting documentation, bring 2 copies, and make a note of what you give them, though should already be in your c-file. Be prepared, take notes during the exam. If this slows down the exam, remember it is your claim and I view the VA C & P as an adversary-, they are not out to help you. Have you claimed all these contentions, or these are unclaimed issues that the VA is bringing up? Good luck.
  4. My prayers for you, dont give up. 63S said it best. We are family.
  5. yes, I decided to go ahead and file the CUE, since over 16 months filed NOD, do not want to wait much longer, due to my health., Ideally, should wait until formal denial.
  6. Ms Kitty read my email, always do rr ( READ RECEIPT) which shows the time and date that the person reads the email. She does the same thing in her email traffic to me. May take a day or two for her DRO team to formulate a response. An admission that they were wrong and did in fact commit a clear and undebatable error would be a good first step! Will keep everyone posted. I will upload my CUE letter in near future. It is not a template, but does have the necessary verbiage to state my case.
  7. I have been corresponding regularly with Ms. Kitty since Ms. Hickey intervened. I used to be patient, but after 12 years, if VA does not respond quickly, then I pursue the matter. My prior CUE did take over one year with me being patient, but no more! My CUE is based on VA disregarding material evidence that sent to them in their denial in 2013, so over one year has elapsed. The VA ignored one years evidence, over 400 pages in deciding my claim, in spite of me sending certified mail, telling them of the evidence. I have a strong case IMHO. Yes, I did file a NOD as well. used their form as well as plain letter.
  8. Good morning everyone! I filed a CUE on 6 March 2015 and received by VARO (St. Pete) on 17 March 2015. No response, nothing. Wondering what my next step should be? Thinking of another email to Ms. Hickey, as she has been helpful in past. Sent an email to Kerrie L. Witty, St. Pete Director today and will give this until Wednesday of next week before I proceed. Funny thing is, had phone call on 8 April from a Kelvin at St. Pete, who denied any knowledge of CUE letter. Hate dealing with this agency!
  9. Oh, just noticed that the test was technically difficult with suboptimal results. In plain English, the test did not meet the standard, perhaps due to my obesity, or bad sonographer. The test should not have been submitted , but this did not happen. I will challenge this tomorrow, before the review is finished. I cannot believe the cardiologist was dumb enough to even submit a test that did not meet the standard, but wait, we are talking about the VA where incompetence is rewarded!
  10. Just wondering if the VA cardiologist is slanting his exams to favor the VA> I had ECHO in 2013 when filed claim for hypertension increase. Measurements were Left Atria enlarged to 4.9 cm/s and noted that this time AFTER I had filed a claim for hypertensive heart disease that measurements were decreased to 4.6cm/s. Similar decrease throughout the readings. Funny thing is had ECHO from my cardio doc and had higher readings less than one month prior to the VA echo and I will have another one next week as well as nuclear stress test and may even get a MUGA scan. It appears that the VA cardiologist is slanting the reports and this is wrong. Example: I have Disatolic dysfunction Stage II, noted on two different ECHO exams and other heart tests from 2013 and 2014, and again in 2015. This time the VA cardiologist, Dr. Steven J. Schang states that have normal left ventricular diastolic function. Hell, I did not have normal diastolic function way back in 2003, and has worsened since then, yet this non-biased VA doctor stated that have normal diastolic function. This statement is just not true! Wonder if I should complain to the JACC C & P director about this "unbiased" VA doctor? I will scan and upload both of the VA ECHO reports at later date. Has anyone else experienced similar incidents with VA cardiologists? I would think the readings are there and doctor would record readings exactly as indicated, not slant to favor VA. BTW: I have not had an improvement in my cardio health. It appears that I am headed toward pacemaker/defib implant. The tests were done at Pensacola JACC by Doctor Schang. Oh well, have mental health exam on Monday at same place-Pensacola JACC. Wish me luck:)
  11. Hey, had a phone call from VA today. Tacit admission that they made a mistake in not considering evidence I submitted via VBMS in 2013. I have filed a CUE in regards to VA not considering all available evidence in making their decision. CUE was received ny VARO on 7 April, and I know it was just a coincidence that they called me today! Kelvin from VA admitted that they had problems in 2013. Hell, nothing new, they still have problems.
  12. Update. Had stress test on treadmill, lasted 4.3 minutes, stopped due to chest pain, PAC. 72 % predicted capacity, METS 5.8. All 4 stress tests have been stopped, 3 due to hypertensive BP response. Been having a lot of angina recently. Cardio C& P Friday, where they will probably say I am fine. Wish I were!
  13. Does anyone have any updated info on this FTL. It is from 2000. I am concerned about the HTN rating I received in 2007. This iks extract from the FTL "Complications of hypertension require separate rating. For example, separately rate hypertensive heart disease, stroke, renal complications or failure, etc. A pending General Counsel opinion re separately rating hypertension and heart disease may change this direction." What was the General Counsel decision? Was there a change as VARO ignored my heart problems and only rated me for aggravated HTN ( had high blood pressure prior to coming back on AD in 2001) Attached is rating decision from 2007. Another Cardio exam at 1pm today:( TRAINING LETTER 00-07, cardio vascular disabilities.pdf
  14. Well, I sent Allison an email as well. Result, scheduled for 5 more re-eval C& P exams, and one claim sent to Nashville. 3 of the exams are exactly same per the local office. WTF, not sure if this is helping me or what. Contacted Attig law today, may go that route.
  15. DUE TO WATER CHILLER VALVE BREAKAGE OVER WEEKEND, BUILDING WAS FLOODED, AND CLOSED TODAY AND AT LEASTTHROUGH TOMORROW-MARCH 31, 2015.
  16. yes, my cardiologist is going to discuss this on 30 April. He has mentioned ACID device which is both a pacemaker and defibrillator.
  17. Jbasser, Sorry for not responding, overlooked your comments. My EF has ranged from about 50% to 70% and then 44%, then 60%, then 65%, then latest was 70% I think. My heart is enlarged, so have heart failue with preserved ejection fraction. 44% was when had CHF, and spent 4 days in hospital, the out for few days, the CHF again, the cardiac ablation, but nowhave very low heart rate, down as low as 37 bpm while I was asleep. It has ranged from 37 to 118 bpm, and this is while resting or asleep.
  18. I called the JACC today, and they admitted that the upcoming exams are exactly the same ones that I had in August 2013. WTF. I complained to Ms Hickey about the sheer number of exams, and result is that St Pete schedules me for 4 more, so far. The only thing tha happened after my last exams, and subsequent denial of claim is that I filed a strong NOD, and sent copies of DBQ's by 2 cardiologists, 2 IME's, and 2 letters. I just filed a CUE on this matter as well. Seems like they are trying to counter my cardio doctor's DBQ and letters. I will post again after my exams next month. I will bring copies of my DBQ's and read from them at the exam! I have clinicians guide printed as well. It has been my experience in last 7 exams that the examiners have a "game plan", they ask leading questions in an attempt to elicit the response they want to put down, not exactly what the veteran is telling the examiner. Do the C & P examiners lie? It has been my experience that they will readily lie to support what the VARO wants them to say, not the truth.
  19. These are same records I had received in my paper copy of claim file in February and sent those back to Kerrie Witty, Director of St. Pete VARO. It upsets me that after this fact and an email to MS. Witty, that my E file still has the other vets records. Wonder where my missing 200+ pages went?
  20. Latest update. I had one C & P exam Friday for scars. Then Saturday I get notice of 3 more exams, one is for heart. They just did a cardio exam in August 2013, no change to my heart. I had complained to Ms. Hickey about the number of C & P exams, which was 7, now the total will be 11. They are repeat of same exams that had in 2004-2005. I will not miss the C & P exams, but feel like a hamster in wheel, round, n round One new thing, I did get a CD of my Claim file from St. Louis, 1729 pages, but noticed that I had 4 copies of most documentation. Is this normal? Also still had 5 pages of another Veterans files on my CD. I had asked that this be removed, but they never removed it.
  21. Went to C&P exam yesterday, but only for facial scars, nothing about heart. What a bummer! More delays. repeat after me, delay, delay and hope they die, or refrain, deny, deny and hope they die. feeling depressed
  22. I discovered that VA had copy of a LOD and ER report on me dating back to January 1973. I had fallen on ice while trying to remove tarp from my military truck, cut my chin in two places, 5 stitches on one and 3 on other cut. They have healed up, mostly after almost 44 years, but face was a mess for 20-25 years. Had C & P exam today for this, scars are hard to see, and examiner asked questions about keloid scars and seconday infection. They did take 6 pictures of my face. Not sure if I will prevail, as this was a long time ago. Any comments?
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