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mymissie
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Posts posted by mymissie
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Berta,
An answer from an Iris I sent last week-
I Applied for A&A on MAy 9,2011- but also filed an 1151 Claim on Aug.-2011 .
Here is the answer I got today.
After careful review of our electronic file, our records reflect that we reviewed your re-opened claim on Aug 30,2011, an and additional claim for A&A 0n May 9,2012.
Based on the information avaiable,the required development action have been completed .We will review your claim to insure we have everything we need to make an informed decision. A claim may take longer in this Phase based on the specifics of your claim.
There are two additional phases: the Decision Phase and the noticefication phase.
The Development Phase at the ( R.O.) (N.O.) is completed on most claims on an average of 154 day.
Your Claims Development phase began Sept 1,2011
Can someone please tell me what they are really saying????????
I found an attorney who tookmy TORT Claim against the VA.
Jeffery c. Anderson
9601 McAllister Freeway, Suit 1250
San Antonio, Texas 78216
He filed my Tort claim within 10 day of getting all the infomation and copy of my Medical file - that I had on file and ready to ship to him.
I feel he is on the ball as far as I can tell.
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Berta,
Just got back from N.O.La.., one long drive.
Got a copy of his c-file.
And guess what was on the very first page? A copy of a claim filed Dec.,31,1984 for DIC and her dependent children - 4 of them . Son is disabled and has been her ward all this time and lives with her,unable to do for himself.
Her husband had been dead 10 months before she filed for the above.
So the way it looks, the (SOB) V.A. does owe her all that back pay as I thought! Plus dependent payment also.
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Berta, what is your take on this!!!!!!
Can or should this be moved to another site???
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Berta,
I wrote about my sister who filed for his dead husband (VN Vet)\
Filed in Feb,2012 and got her white envelope and money in the bank this past Friday She got 1 year from the date filed to now- plus $ 1100. for the funeral.
We are now going to get his c-file to see if it shows that she had filed for disability after he, died, so that she would get an eed to his date of death.
She got all the benifits-
Please feel free to move this to another site it it will get more attenton.
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I got a Brown envepope yesterday,but I 'am not sure what I was awarded!
I believe it's A&A but for the life of me,I do not see where it s ever spelled out.
Says -- After careful and compassionate consideration, a decision has been reached on your claim. If we were not able to grant some or all of the VA benifits you asked for,this form will explain what you can do if you disagree with our decision.
Then they go into detail about what I can do, but nowhere does it say what I was awarded, or any statement of the case.
I've gotten award letters before, but nrver anything like this before.
I know that its bound to be A&A, because i applied on March 2,2012 .
I also filed an 1151 claim on Aug. 30,2012 .
I will just have to wait to hear from them, and check my bank account??????
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Berta,
Because this Vet died from a heart attack and the VA only put it(heart attack) on the list last year, then I though
that they had to pay back toi the date of death???
I know of one woman who got over $109,000. and that is why I assumed that all such cases were the same. Her husband was in V.N---died of a heart attack and the local service officer,whom I know did her paper work and did get her back pay to his date of death in less then 5 months!
All she had was a death certerfite,marage certificte, and a DD214.
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No,She will get DIC- Plus back pay to date of death.
What I am trying to do is the math to see what she can expect.
Should be close to $300,000.00 according to my figures.
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I just completed a claim for this women-- her husband,a VN vet died in Aug,1984. FROM a heart attack.
When she told me about his death,I asked about what benifits she was recieving. She told me none!
So she should hear something in 3 months- no more the 6 months to recieve one hell of a check.
I'am unable to figure out the backpay! anyone out there know what it should be
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I am a little confused- your SC rating is 110% ?
The 1151 might bring you into SMC criteria and in that respect both claims could impact on each other.
I will find the 1151 post you made.
Section 1151 awards for a vet with SC already at 100 % level, like all other claims, usually need to fall into SMC criteria for there to be any monetary benefit.
Berta,
Thanks.
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Most of the time when you think a post is gone it is still here.
You can go to your profile page and look for your posts by topic and comment.
I am trying to help you out not criticize
Pete
Thanks Pete. I was just wondering about my post. Always willing to learn. Thanks again.
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I posted earlier todad but my post is gone.
In Aug 30,2011, I filed a claim under 1151.
Now need to file a claim for A&A plus for increase in my disability . Would that slow down my 1151 Claim???
Also I have someone who filed a claim in 1997,for pes planus and was denied,becase the
that it was pre-exiting to his service.
He served over 4 years in the navy, but the constant up and down on those ladders has caused problems with his feet. He did not follow up on his claim.
What should he do? Refile? Was the law changed about pre-exiting condition???
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Berta,
On Aug 30,2011 I filed an 1151 claim, I had it on this Forum at that time.
I haven't heard from them, as you all know. But my Question is, would it interfer with my 1151 claim if I applied for A&A, plus for increase in other area of my disability?
Also, a friend applied for pes planus, and was denied because they said that he had this when he went in service. If he did he didn't have any problem with his feet until he went in the Navy,going up and down those ladders on the ship. Should he re-apply???Been years.
He went to college,had a good job before he went and was in the first and then the second Desert Stome wars. Never been able to get and keep a job since then. He just can't concentrate ,so he ends up being fired. Very depressed all the time.
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BERTA,
In Louisiana, there is a $500,000.00 cap on mal-practice suits!
How would that limit a tort claim against the V.A.?
I want to sue them for $25,000,000.00.
Also has anyone used the Law firm of CRONIN & MAXWELL, of Jacksonvillle,Florida ?
The sent me a contract to for me to sign,to represent me in my tort claim--
1. 20% of any gross recovery prior to filing a complaint.
2. 25% of any gross recovery after filing a complaint.
3. Alternatively, in the event of a court awarded attorneys fee,the attorney's fee will be the greater of (a) the court awarded fee or (b) the contingent percentage of the recovery,including the court awarded fee.
I hate to deal with attorneys- but Berta, doen't the court limit the attorneys fees and cost of filing a tort claim??
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"Examiner says that the veteran was virtually paralized by his anxiety and depression. HE WAS UNABLE TO LEAVE HIS HOME,and on occasion experienced presistent panic attacks."
Unless you were employed at time of this decision I think they definitely should have considered you for TDIU.
Was the examiner clearly able to relate the anxiety and depression to your SC PTSD?
I know that sounds like a stupid question but when we deal with the VA it as to be spelled out for them clearly.
With a TDIU award or a 100% comp award they should have then considered you for the Housebound award.
Can you scan and post ths decision (cover personal stuff) so we can see what their rationale was for the lack of TDIU /100 and SMC?
Berta,
I was awarded Chapter 35, ChampVA- PX/Commissary IS- Premium waiver(RH)& TDIU---Sorry for not explaning better. My mind is kind of fuzzy at times, can't think to good.
Can't scan &Post - but if U want I can type the answer from the award!!!
Thanks for answering.
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In 2005 I was at 40%- 30% PTSD- 10% hearing-10% Tinnitus.
Applied for Unemployability- got increased from 30% t0 70% for PTSD---they said that where schreader rating is less then total, ect!!!
Examiner says that the veteran was virtually paralized by his anxiety and depression. HE WAS UNABLE TO LEAVE HIS HOME,and on occasion experienced presistent panic attacks.
Question??
Couldn't I or shouldn,t have been considered for Housebound or something??
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If I win the 1151 claim-getting 100% for lung cancer- then I would have 200% - I'am now at, I believe at 110-120% service connected already.My addition correct or all screwed up???
So would I be able to get A&A- on top of that?? If so how much would that end up being per month?? Single.
Just have to much time on my hands, and nothing to do right now! Ha!
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Wed, 24,Aug,2011
Well,today I sent off my 1151 Claim ><
Now the waiting begains!!!!!!!!!!!
How much time before you hear from 1151 Claims??
Months??? Years ???
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I sent a request to Archuleta,Alsaffar, & Higginbotham Law Fiim last Thursday. Hope I hear from them SOON!
Thanks Berta,everyone!
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I have been out of the Forum, not even reading much. Just got burned out.
But Please do not DELEATE this!!!! Want to find out if I have an 1151 CLAIM?
To get everyone up to date: On Aug 10,2011, I had Congestive heart failure,was in private hospital for about a week,where they removed about
about 3 1/2 qts of fluid/BLOOD . ALSO SAYS HAD ACCUTE KIDNEY INJURY.
ALSO WAS TOLD THAT I HAD LUNG CANCER--- ADENOCARCINOMA !!!-OPERATABLE!
IMPRESSIONS--From my Doctors.
1--FdG avid left upper lobe mask with a small avid nodule on the right upper lobe.
2-Consolidative changes in the right lung base paratracheal ,which may be inflammatory in etiology.This is mildly FDG avid.
3- FDG avidadenopathy in the right paratracheal region,precarinal space,AP windowas well as subarinal space and left hilar reguon ad described.
4- FDG avid right axillary node.
5- FDG avid supraclavicular adenopathy particullary on the right as described
6- Markes colonic diverticulosis.
I have started Chemo already,but am limited in treatment that will help-IF ANY treatment Will !
AFTER the Shock of finding I had cancer,I went and got copies of X-ray that were taken back in 2004, an found out the following:In My V.A. Radioligy Reports:: Jan.20,2004- Report status verfied:
Report: Chest: Two views of the chest with no previous film avaible, there is a streaky density noted at the level of aortic knob. Could be superimposition of shadow vs infiltrate,left upper hilar region should be considered.
Impression: Normal Heart. Could be superiorimposition of shadow although for futher evaluation. Recomend close follow-up and apical lordotic view.
Primary Doagnostic code: Major Abnormality.
Jan. 27,2004-
Chest: Two views of the chest shows bony thorax to be unremarkable for age. Mild scoliosis. The heart is normal size. There is a streaky density on the left upper region which is un-changed as conpared to the previous film.
Impression: No definite infiltrate. Streaky density left upper hilar region, unchanged as conpared to previous film. Recomend follow up study.
Primary Diagnostic code: Clinical Correlation Needed.
I was never told about this-just found out about it this past week while reading this Radiology report. THEY NEVER DID A FOLLOW-Up ON THIS !!! THEY JUST HUNG ME UP- AND WAITED FOR ME TO DIE QUITELY !!! I'm 100% Service conected disabled- to expensive to Keep on there books?
SO WHAT DO YOU'LL THINK? 1151 Claim plus a $25,000,000. Tort Claim???
Sorry for being so long winded- But I am MAD AS HELL!!@@@@@@
Please advise ME>>>
CANCER
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My Brother-in-law was in V.N. two terms of duty)- came back home,married my sister and they had four children.
One son was born with Spinal-biffty.
Vet had massive heart atttack-live for short peroid then died.
She called S.O. and was told they didn't quilify for V.A. benifits.
She and her son are both on S.S.. disability. ( He is dependent on her and lives with her.(He is House bound)1001 problems)
Do you believe They should apply for V.A.benifits? And would it affect their S.S benifits? (She is 60 years old)
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I just saw this post- you can post questions like this in the AO forum below or in the Claims Research forum -where they will get the attention they deserve.
To answer your question:
"Berta,
My husband is 100% disabled for PTSD. He has several other illinesses some of which are on the
Agent Orange list. He talked to a Vet Rep at the VA hospital last week to see about filing again
for this and was told that if he did the VA could possibly take away part of this 100% he already
has. Is this true? Please let me know if I need to post this somewhere else."
I suppose this vet rep never heard of SMC. or of DIC. Feel free to copy my response and give it to him.
Any time a vet re opens claim there is slight chance that somehow the VA could attempt to lower the comp they already have.
Has this rep learned of a brand new cure for PTSD? of course not- I think he was too lazy to get out a 4138 and file the claim.
His porr advise might well be costing your husband compensation.
Was you husband ever denied in the past for anything that subsequently became a AO condition?
My husband was 100% SC for PTSD and is dead to A0 DMII and its complications.
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He should file a 21-4189 TDIU form, keep copy of it and send it to the VARO where his claim is at.
Does he get SSDI or SSI?
What disabilities does he get this for?
You said he is on a Remand-
Do you have the docket number and/or citation number?
Or do you have copy of the remand?
It will contain the keys to what he needs.
Does he have diagnosis of PTSD and has he formally claimed PTSD?
Any GSW is an obvious stressor. They usually award 50% PTSD for GSW- still hard to know how they will rate him.
Remands give us the keys to what we need-
for example I got remand 9-08 and didnt wait for VA to deal with it-
they said a cardiologist was to opine on my claim.
In the meantime I reached a cardiologist for an IMO and sent him the whole 9 yards of records etc- but I also carefully reviewed the remand and provided more material evidence to the BVA.
One piece of evidence I found after almost a decade-
it was right there in the record but I didnt understand how significant it was for a long time.
I googled the med terms on the net not expecting to find anything more than what the condition was.
I was shocked to see this was probative evidence for my claim.
I sent this to the BVA as well.
I wanted another duck in a row with MD behind his name to add to my IMos. My VCAA letter in 2003 never stated what evidence I needed to get.
The VA C & P 'cardiologist' was in fact a Physicians assistant who opined on the claim and I knocked down his opinion easily because he didnt have a clue.
I contacted and waited for the IMO cardio doc to call me or send me the IMO and then suddenly got a BVA award in the mail and I didnt need the additional IMO.
The point is with the remand in front of me in Sept I could concentrate solely on what the BVA said the VARO was supposed to do.
I did what I could do myself when I read it.I did expect a VA cardio opinion and knew I might have to combat it.Then again a cardiologist would have had a hard time rebutting my evidence.I wasnt going to take a chance on what they did.
This vet's remand as well must have had some key wording in it- did they order a C & P for his visual problems?
Have they diagnosed depression yet if not formally diagnosed the PTSD?
It looks to me that perhaps the initial claim was worded wrong.
Or the secondary conditions were not made clear to VA-
I assume he might be a Vietnam Vet?
Does he have diabetes mellitus as any other potential etiology for his visual problems?
30 % is ridiculous with loss of vision in my opinion and the cataracts etc if they are medically secondary to the GSW.
I feel he should apply for TDIU and get copies of his C file.
It is critical to study the actual wording of the remand.
If he didnt get copy of it- you could have him contact the BVA ombudsman at the BVA web site for a copy of it.or the DAV should have copy.
If those secondary conditions were not claimed he needs to put everything on the TDIU form (he can attach additional pages to the form).
A remand can sum up the whole case and clearly show what VA is looking for from the VARO.
But chances are the C & P the remand calls for will not be done right and will overlook probative evidence in the call.
I think 9 VA doctors-at least-have given my claims 'reviews' and opined on them over the years.
None of them were right.
Does he have a private physician or psychologist or any doctor outside the VA who can opine on his conditions?
I am baffled by the 30% with an apparent loss of vision when he got it.
The actual link to his remand would help us. Or the exact wording of it.
Berta, You are a God send to all veterans. Many thanks for all the help,time,advice that you give us.
I try to understand all the advice given but I can only give Vets a helping hand,then I find some one who can give them the help they need to wind their Claims.
He gets SS Disability-Wreck-Not his eye.
This is the only answer we have gotten from the VA(From IRIS) I sent 5 days ago.
Your appeal was remanded back to your Regional Office from the Board of Veterans Appeals. Currently your appeal is pending review with the Decision Review Officer. During this process,the DRO will review all evidence,arguments,statements from your representative,and any other pertinent information as it relates to your claim.
Once the precess is completed the DRO will make a Decision and prepare a Statement of the case. WE are unable to give you a time frame when this will be complete as the DRO reviews claims in the order they are received.
Another 4 years waiting?????
This is all the info I have until I get a copy of Vets Files.
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He should file a 21-4189 TDIU form, keep copy of it and send it to the VARO where his claim is at.
Does he get SSDI or SSI?
What disabilities does he get this for?
You said he is on a Remand-
Do you have the docket number and/or citation number?
Or do you have copy of the remand?
It will contain the keys to what he needs.
Does he have diagnosis of PTSD and has he formally claimed PTSD?
Any GSW is an obvious stressor. They usually award 50% PTSD for GSW- still hard to know how they will rate him.
Remands give us the keys to what we need-
for example I got remand 9-08 and didnt wait for VA to deal with it-
they said a cardiologist was to opine on my claim.
In the meantime I reached a cardiologist for an IMO and sent him the whole 9 yards of records etc- but I also carefully reviewed the remand and provided more material evidence to the BVA.
One piece of evidence I found after almost a decade-
it was right there in the record but I didnt understand how significant it was for a long time.
I googled the med terms on the net not expecting to find anything more than what the condition was.
I was shocked to see this was probative evidence for my claim.
I sent this to the BVA as well.
I wanted another duck in a row with MD behind his name to add to my IMos. My VCAA letter in 2003 never stated what evidence I needed to get.
The VA C & P 'cardiologist' was in fact a Physicians assistant who opined on the claim and I knocked down his opinion easily because he didnt have a clue.
I contacted and waited for the IMO cardio doc to call me or send me the IMO and then suddenly got a BVA award in the mail and I didnt need the additional IMO.
The point is with the remand in front of me in Sept I could concentrate solely on what the BVA said the VARO was supposed to do.
I did what I could do myself when I read it.I did expect a VA cardio opinion and knew I might have to combat it.Then again a cardiologist would have had a hard time rebutting my evidence.I wasnt going to take a chance on what they did.
This vet's remand as well must have had some key wording in it- did they order a C & P for his visual problems?
Have they diagnosed depression yet if not formally diagnosed the PTSD?
It looks to me that perhaps the initial claim was worded wrong.
Or the secondary conditions were not made clear to VA-
I assume he might be a Vietnam Vet?
Does he have diabetes mellitus as any other potential etiology for his visual problems?
30 % is ridiculous with loss of vision in my opinion and the cataracts etc if they are medically secondary to the GSW.
I feel he should apply for TDIU and get copies of his C file.
It is critical to study the actual wording of the remand.
If he didnt get copy of it- you could have him contact the BVA ombudsman at the BVA web site for a copy of it.or the DAV should have copy.
If those secondary conditions were not claimed he needs to put everything on the TDIU form (he can attach additional pages to the form).
A remand can sum up the whole case and clearly show what VA is looking for from the VARO.
But chances are the C & P the remand calls for will not be done right and will overlook probative evidence in the call.
I think 9 VA doctors-at least-have given my claims 'reviews' and opined on them over the years.
None of them were right.
Does he have a private physician or psychologist or any doctor outside the VA who can opine on his conditions?
I am baffled by the 30% with an apparent loss of vision when he got it.
The actual link to his remand would help us. Or the exact wording of it.
Berta- You are a God send to all Veterans. Many Thanks for all the help,time,advice that you give! I try to understand all the advice that you give,but I can only give a helping hang to Vet,then I find other people who can give them the help they need to win their claims. God Bless you.
This is the only answer I've gotten-Fro IRIS.
This vet just asked me for help-DAV is not answering his call-
He is getting SS Disability for other problems from an accident.
The only reply he has received from VA is when I sent Iris 5 days ago. Their response was:
Your appeal was remanded back to your Regional Office from the Board of Veterans Appeals. Currently your appeal is pending with the Decision Review Officer. During this process,the DRO will review all evidence,arguments,statements from your representative,and any other pertinent information as it relates to your claim.
We are unable to give you a time frame when this will be complete as the DRO reviews claims in the order that they are received.
The Vet will bring me his complete file as soon as possibe foe me to get a complete picture.
The only # he give me over the phone was 397/IRP-may 24,04
If that is not the # for appeals-where do I fine it????
He never got a copy of the Remand. None in his Files.
His eye doctor give him a letter,where he stated that ALL THE PROBLEMS,loss of vision,GLAUCOMA,CATARACT,headache,eye tearing all the time are All directly linked to the gunshot to the eye.
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Vet had a case,last four years Before the Board of Veterans Appeals.
He asked me to find out about his claim,as the DAV had not returned his phone calls at all, an the VA operator always told him they were working on it.
I sent an IRIS,and in 5 days got a response. NOT what he wanted to hear,but instead he was told that his case had been remanded back to the DRO in New Orleans.
No reason,just a letter saying that,and that his case would take time,as it was placed on the list,bottom?again.
They did not ask for more information,nothing.
He (VET) was shot in eye,service connected,has lost most of sight,got 30% comp-appealed it,now remanded.
His eye has gotten a lot worse from when he filed his last claim,has glocoma,cataracts,headaches,always crys,and now depression has set in.
Should he Now file for the new problems as secondary claims,AND Unimployability-as it now appears that his case will take years anyway????
He is on SS,with a lot of problems,an will never work again.
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How well do you know this vet?
When did you start trying to help him?
Did I understand you to say that there has been no contact between the VA and this vet for four years?
been KNOWING HIM FOR SOME TIME. HE GOT THE letters SAYING THAT THEY WERE WORKING ON HIS CASE,ECT!!
DAV is the one who filed the claim-but he has tried calling then,wrote them(DAV) requesting status of his claim-no answer.
Until I sent IRIS- Got answer in 5 days,but not what he was hoping for.
ANY IDEAS OUT THERE !!!!!!!!!!!!!!! WHATS NEXT!!!!
Don't Know What To Think!
in Entitlement - Veterans Compensation Benefits Claims
Posted
Berta,
No-- Was never denied for 1151-A&A 0r any thing else !!!!!