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  • Birthday 01/22/1969

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    Helping other people. Working with computers. Website coming soon. Brain tumor holding me back for now. Domain is bought. Anyone wanting to help can feel free to contact me.

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  1. Law Update & Practice The Veterans Law Group (VLG) introduces the Law Update as a permanent section to its website. The Law Update is designed to cover some of the major changes in veterans’ disability law since 2003. For the most part, this section is intended for veterans service officers (VSOs), who represent disabled veterans or their survivors/dependents before the Regional Offices and the Board of Veterans’ Appeals. The Law Update offers a brief abstract of the new case, statute, regulation or General Counsel Opinion, with a practice note on each. The Law Update does not cover all of the recent changes in veterans’ disability law. Indeed, it purposefully limits its discussion to those legal developments, which VLG believes are the most important to VSOs in representing their clients. Further, not all aspects of a new case or statute are discussed; rather, only those part(s) which are particularly relevant to the general representation of disabled veterans and their survivors/dependents. VLG advises that representatives should not rely upon the Law Update as a complete guide for representing their clients, but should consider it as one source to keep current on some of the changes in veterans’ disability law. A. FEDERAL CIRCUIT COURT OF APPEALS 1. Disabled American Veterans v. Sec. of Veterans Affairs, 327 F.3d 1339 (Fed.Cir. 2003) (The Federal Circuit held that 38 C.F.R. § 19.9(a)(2) was invalid. § 19.9(a)(2) permitted the BVA to obtain evidence and adjudicate an issue not previously considered by the regional office.). Practice Note: To comply with the DAV case, the Board has recently created a separate department called the Appellate Management Team. It performs many of the same functions of a regional office, setting up medical examinations and developing other types of evidence. 2. Paralyzed Veterans of America v. Sec. of Veterans Affairs, 345 F.3d 1334 (Fed.Cir. 2003) (The Federal Circuit decided that 38 C.F.R. § 3.159(b)(1) is invalid. § 3.159(b)(1) implemented the VA’s duty to notify claimants of necessary information and evidence pursuant to 38 U.S.C. § 5103. Under § 5103 and § 3.159(b)(1), the claimant is generally given one year from the date of the notice in which to submit evidence. However, § 3.159(b)(1) also permitted the VA to adjudicate the claim before the one-year period if the claimant had not responded to the notice within thirty days. In light of these conflicting time frames, the Federal Circuit held that , § 3.159(b)(1) was a valid implementation of the statute.) Practice Note: Many of the regional offices may not be aware of this holding. Be sure to keep an eye on any VA notices pursuant to § 5103 which restrict the veteran’s time frame to submit evidence one-year following the notice. 3. Szemraj v. Principi, 357 F.3d 1370 (Fed.Cir. 2004); Moody v. Principi, 360 F.3d 1306 (Fed.Cir. 2004) (In both cases, the Federal Circuit decided that the VA must give a liberal reading to all pro se pleadings submitted by veterans.) Practice Note: Szemraj and Moody are two decisions with great potential. For years now, the CAVC cases have undermined the concept that a veteran’s pleading should be sympathetically read, and that the VA should consider all potential claims raised by the record. We all know that veterans are not experts in drafting pleadings, nor should we expect them to be. 4. Barrett v. Principi, 363 F.3d 1316 (Fed.Cir. 2004) (The Federal Circuit held that mental incapacity could be a basis to toll the 120-day time period for filing a Notice of Appeal at the CAVC following an adverse BVA decision. The Court stated that the veteran must establish that his psychological disability made him incapable of rational thought or deliberate decision making, or rendered him unable to function in society.). Practice Note: Barrett is a very important case. Barrett stands for the broad proposition that any time period for filing a written submission (e.g. one-year period for filing a Notice of Disagreement) can be tolled or extended based upon a sufficient showing of the veteran’s psychological disability. B. COURT OF APPEALS FOR VETERANS CLAIMS 1. Brambley v. Principi, 17 Vet.App. 20, 23-25 (2003) (CAVC clarifies that 38 C.F.R. § 3.321(b)(1) obligates the VA to consider an extra-schedular rating as part of a claim for an increased-evaluation for service-connected disability. As with any disability claim, VA must ensure that an adjudication of a claim for an extra-schedular rating is based upon a fully developed medical record; specifically here, a complete picture of the veteran’s service-connected disabilities and their effect on his employment.). Practice Note: An extra-schedular theory for a higher disability rating is often overlooked. If the claims file shows that the veteran’s disability(ies) is preventing, or substantially interfering with, his or her ability to work, then the veteran’s representative should press for a higher rating based upon a theory of an extra-schedular disability rating. Remember that a theory of total disability rating due to a veteran’s unemployability based on an extra-schedular rating is available to a veteran, even though he or she might not meet the percentage disability requirements for a traditional TDIU claim. See Bowling v. Principi, 15 Vet.App. 1, 6 (2001); 38 C.F.R. § 4.16(b). 2. Davis v. Principi, 17 Vet.App. 54, 57 (2003) (CAVC vacated Board decision denying the claim for service-connected substance abuse. In that case, the veteran alleged that his substance abuse was caused by the VA’s in-service methadone treatment. The Court noted that, while primary substance abuse can never be service-related, a theory of secondary service-connection can be a valid basis for finding service-related substance abuse.). Practice Note: Davis illustrates an important principle of secondary service connection. Many disabilities, including physical and psychological disabilities, which do not appear to be service-related, may be service-connected on a secondary basis. For example, if a veteran has service-connected leg disability, which, over time, causes a back disability, the back disability can be found service-related on a secondary theory. 3. Moran v. Principi, 17 Vet.App. 149, 154 (2003) (CAVC vacates Board decision for its failure to consider the veteran’s allegations of combat as a basis for corroborating an alleged stressor for a PTSD claim.) Practice Note: PTSD claims, in general, require: 1) a current diagnosis of PTSD, 2) medical evidence of a nexus between the claimed stressor and the PTSD condition, and 3) credible supporting evidence that the alleged in-service stressor occurred. As to the third requirement, a determination of combat status gives rise to a nearly conclusive presumption that the in-service stressor occurred. Often combat status is determined by the veteran’s medals or decorations, but, as Moran points out, a veteran’s statements can also be a basis to find combat status. 4. Jeffcoat v. Principi, 17 Vet.App. 213, 219 (2003) (CAVC vacates Board decision in part because of the VA’s failure to comply with the previous Board remand instructions.). Practice Note: In Stegall v. West, 11 Vet.App. 268, 271 (1998), the CAVC set forth a very important proposition. The Court held that a veteran has an absolute right to compliance with the instructions of any previous remand from the Board or the Court. Thus, a veteran’s representative should carefully look through a veteran’s claims file to see if there are any previous BVA or Court remand orders. If so, look carefully at the remand instructions, (e.g., instructions to obtain another medical examination, to obtain military or private medical records or documents, etc…), and make sure the VA complies with these instructions.). 5. Pelegrini v. Principi, 18 Vet.App. 112 (2004) (CAVC elaborated on the new notice requirements under 38 U.S.C. § 5103(a) and 38 C.F.R. § 3.159(b). These sections together require, among other things, that the VA notify the veteran: 1) what evidence is necessary to substantiate his claim, 2) who will be responsible for obtaining this evidence, and 3) to submit any evidence in his possession that pertains to the claim. In Pelegrini, the Court held that the VA was obligated to provide this notice prior to an initial adverse decision by the Regional Office’s adjudicating officer.). Practice Note: Pelegrini is an important case, as it takes the VCAA notice requirement one step further. Now, the VA must provide notice before the ALJ issues the first rating decision, denying the veteran’s claim. 6. Pelegrini v. Principi, 3 Vet.App. 269, 272 (1992), where, in discussing the requirements for a TDIU rating in a case where a veteran had both service-connected and nonservice-connected disabilities, the Court of Appeals for Veterans Claims stated: Under 38 C.F.R. § 4.16(a), a determination concerning unemployability indeed must be made on the basis of service-connected disabilities alone; “nonservice-connected disabilities...will be disregarded.” Even if, as it appears, the BVA determined that appellant’s unemployability was a result of his age and nonservice-connected [conditions], its task was not finished. The BVA still was required to decide, without regard to the nonservice-connected disabilities or his age, whether appellant’s service-connected disabilities are sufficiently incapacitating as to render him unemployable. 6. Bowling v. Principi, 15 Vet.App. 1, 5-6 (2001), the Court of Appeals for Veterans Claims made clear that so long as there is evidence of unemployability in the record, a claimant may be entitled to TDIU award under 38 C.F.R. § 4.16(b), even though the claimant does not meet the percentage disability requirements under 38 C.F.R. § 4.16(a). C. GENERAL COUNSEL’S PUBLISHED OPINIONS (From time to time, the General Counsel’s Office of the Veterans Administration publishes opinions on the interpretation or application of statutes or regulations. These opinions are considered binding precedent with respect to all claims pending before the regional offices and the Board of Veterans’ Appeals.) 1. VAOPGCPREC 6-2003 (This opinion addresses whether a veteran’s tobacco-related disability or death may be service connected secondary to a service-connected mental disability, which caused the veteran to use tobacco. 38 U.S.C. § 1103(a) prohibits a finding of service connection of a disability or death resulting from the veteran’s use of tobacco during his service. The General Counsel opinion, however, clarifies that service connection is permissible if the veteran’s disability or death is the result of his post-service use of tobacco, which is caused by a service-connected psychological disability.) Practice Note: Representatives should keep this General Counsel opinion in mind when handling PTSD and other mental disability claims. Many emotional disorders and disabilities can lead to the veteran’s chronic tobacco use after service in much the same way that emotional disabilities can lead to veteran’s “self-medication” (drug or alcohol abuse) following service. Of course, there must be medical evidence in the record supporting this secondary theory of service-connected disability or death.) 2. VAOPCGPREC 3-2003 (This opinion discusses whether a claimant is required to show that the disease or injury increased in severity during service before the presumption of aggravation applies. 38 U.S.C. § 1111 provides that a veteran will be presumed in sound condition if his entrance examination does not note any relevant defects, diseases or conditions. The statute further provides that this presumption may be rebutted by clear and unmistakable evidence of both 1) that the condition existed prior to service, and 2) that it was not aggravated by service. However, 38 C.F.R. § 3.306(b) imposes an additional requirement on the claimant in order to receive the presumption in cases of aggravation. § 3.306(b) requires the claimant to show that the pre-existing condition increased in severity during service. The General Counsel opinion determines that this part of the regulation is invalid, as it is inconsistent with 38 U.S.C. § 1111.) Practice Note: VAOPCGPREC 3-2003 is a new General Counsel opinion, of which many of the regional offices may not be aware. Therefore, be on the look out for claims which have been denied on the basis that there was no evidence of increased disability during service. This showing is no longer required to obtain the favorable presumption. D. STATUTES 1. Amendment to 38 U.S.C. § 1116(a)(F) (This amendment eliminates the requirement that respiratory cancer (cancers of the lung, bronchus, larynx, trachea) becomes manifest within 30 years of the veteran’s departure from Vietnam to qualify for the presumption of service connection based on exposure to herbicides such as Agent Orange. This amendment also broadens the presumption of exposure to herbicides to include all Vietnam veterans, not just those who have a presumptively service-connected disease). Practice Note: This amendment covers two different aspects of a toxic exposure claim. First, a veteran must establish that his exposure to the toxin must have occurred in service. Second, he must prove that his current disease or disability is related to the in-service toxic exposure. With respect to some claims, such as those outlined in listed in § 1116(a)(F), the VA will presume in-service exposure and/or service connection. 2. Amendment to 38 U.S.C. § 5121(a) (VA law makes clear that a veterans’ pending disability claim terminates upon the veteran’s death. However, a survivor of the veteran (such as a surviving spouse, child, or parent) may file a so-called “accrued benefits” claims. In this action, the survivor continues the veteran’s disability claim under the survivor’s name, typically arguing the same theories and relying upon the same evidence. Until recently, 38 U.S.C. § 5121(a) provided a two-year maximum cap on the amount of accrued benefits which could be recovered. The recent amendment to § 5121(a) removes this two-year limitation. Now, a survivor can receive the full measure of retroactive, unpaid accrued benefits, if he or she prevails in the survivor claim. Practice Note: Be advised that the amendment was not made retroactive, and thus only applies to survivor claims in which the veteran died on or after December 16, 2003, the date of the enactment of the amendment. E. REGULATIONS 1. Amendment to 38 C.F.R. § 4.71a (Diagnostic Codes 5235-5243) (These diagnostic codes set forth the criteria for rating spinal disabilities. Prior to the amendment, the applicable diagnostic codes, 5285-5295, were fairly general and unrestrictive. In particular, diagnostic code 5293 permitted disability ratings of up to 60%, without having to show specific medical findings of motion and functional loss or physical incapacity. The new diagnostic codes have raised the bar, requiring specific and measurable medical findings of motion loss and/or incapacitating episodes.) Practice Note: The new diagnostic codes were not made retroactive, and therefore claims pending during their promulgation should not be governed by these more restrictive codes. Separately, the representative should always keep in mind the TDIU theory for back claims. More often than not, severe back disabilities prevent, or at least seriously impair, the veteran’s ability to work. If a veteran cannot work due to his back problems, then regardless of the veteran’s scheduler disability rating, the representative should press for a total disability rating based upon unemployability.). 2. 38 C.F.R. § 20.900 (The amendment provides that a claim sitting at the Board may be advanced on the docket for adjudication due to the advanced age of the veteran.). Practice Note: This is an important amendment to keep in mind. A veteran’s claim dies with the veteran. Therefore it is important to move his or her case along as quickly as possible. But the representative must make a written request under § 20.900 to expedite the claim. The Board will not do it on its own initiative. 3. 38 U.S.C 4.16(b) provides for an award on TDIU, even if a claimant does not meet the 60% disability requirements § 4.16(a): It is the established policy of the Department of Veterans Affairs that all veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities shall be rated totally disabled. Therefore, rating boards should submit to the Director, Compensation and Pension Service, for extra-schedular consideration all cases of veterans who are unemployable by reason of service-connected disabilities, but who fail to meet the percentage standards set forth in 38 C.F.R. § 4.16(a).
  2. Thanks for the worksheets. I will be passing these around to the doctors at the Dublin,Georgia V.A.M.C. These worksheets will help a lot of doctors and Veterans.
  3. Thanks, Berta, Love ya, Mean it. I will stay on this post later today. I have to check out of my hotel room now.
  4. Hello everyone...... Been a while....... Been pretty sick over the past year. I need to know if Atrial Fibrillation can be used as one of the new Heart conditions with Vietnam Veterans. I know that there are many heart conditions and the V.A. has opened the door on this just this year. I have a Veteran case with the following.... He has not ever filed a claim that I know of. His records of NSC illnesses is as follows: Atrial Fibrillation * Adjustment Disorder Hypertension * Alcohol Abuse Blurred Vision Hypercholesterolemia * Otitis* Morton Metatarsalgia Benign Neoplasm of the skin Sleap Apnea NOS Obstructive Sleap Apnea P.T.S.D. Chronic - GAF 60 Dysphagia, Unspecified Insomnia This is a Vietnam Veteran. I do not have his SMR's. Most of his conditions fallin the criteria for Compensation. The problem is that they are close to the Compensated conditions for Vietnam Veterans. I am thinking that he needs to get the doctors to go into detail about his conditions and write that they are more likely than not service connected. Although these are not service connected with Vietnam Veterans. I am between a rock and a hard place with this one. Does anyone have a hand Grenade, or a Horse Shoe? A Google search sent me here. I have searched the site before I posted my question but I could not find an updated claim. I hope that Berta reads this. I have been away from the board for some time, but I do look in as a guest from time to time. I am always referring Veterans here. I have had a few serious medical issues over the last couple of years. Now it looks like my Brain Tumor might be back, or scar tissue building up. I am waiting for an M.R.I. with contrast to be done. The Migrains hurt bad. The first M.R.I. without contrast di show something. When I went for the M.R.I. with contrast, my Creatinine level was too high. I see my Neurologist later today. I am going to try my best to get him to get it done STAT. It seems like I always come back here with bad news. My depression keeps me away a lot because I think about all of my problems when I am here. I have a lot of old friends here. I like to keep everyone informed that I am at least alive. My head is up and I am positive. I survived brain surgery the first time after 8 hours. Nothing to it, if I need another one. Technology has come a long ways since 1996. That was right around the time that this site started. YES.. We are getting old. :P
  5. I can't believe that nobody, especially Pete did not think of me. I am not a service officer yet, but I am working on it, and I have a very good connection with the state D.A.V. Head person in charge in Macon. I am in Warner Robins. What does this person need? I ran across this in a Google search while I am doing a web site for our Warner Robins, Chapter 33. Hadit was at the top of the search engine. I was just on the site a couple of months ago and nobody even mentioned to me that someone in my area needed help. I will personally go to the D.A.V. Headquarters and get the paperwork started for this person or get this person into the V.A. Hospital system. I have many connections in this area. Give the person my e-mail address I have had a bad bout with asthma and bronchitis this past week, but I am a little better now. I will do what I can as soon as I can. Why was I demoted?????????????????????????????????????????????
  6. I have a MMPI test coming up from an outside source. My private psychiatrist and I set it up. I just hope that it gets done in time before the rating people make a decision. I have already sent in 2 letters from him stating that I was depressed from my illnesses. I know how these things are done. I have been around the block and this site for over 10 years. The amount of post that it shows for me is just from the last time that Theresa updated the site. I have given people some of the same advice that I have been given. I have even met Pete. He is a good person. I just have a problem listening to my own reasoning. It helps coming from other people. This site has kept me alive in my worst of times and I have even kept people on here out of bad times. The main thing is this; I am my own worst enemy when it comes to listening and doing what I should do. I can explain everything to someone else and steer them in the right direction, but I have a hard time doing it myself. Kind of like; Do as I say, Not as I do. I think a lot of us here are like that. We are able to help anyone and can tell anyone else what they need to, ut when it comes to ourselves we can't get everything right. Does anyone else have that problem?
  7. I have a claim pending at the B.V.A. level. I also have claims here in Georgia that I have filed. I know for a fact, and have been told that the cases here in Georgia are on hold until my records are back here in Georgia. (They have been on hold for 2 years now.) It really depends where your original case file started and where it is now. If it is still in your regional office, it could put a stop to everything that is going on right now. They will have to request your records from the department where they are so the new stuff can be put in it. Some things now are being put on computer though. It really depends on if they want to screw with you or not. I do not think that they would screw up the C&P exam phase of things though. Are the other claims that you have related to the first case at all? If so, you did a good thing.
  8. I went to a C&P for my depression the other day. I do not think that it went that good at all. I have considered that all of my service connected disabilities have caused my depression and my depression is getting worse. The Psychiatrist did not want to hear about all of my service connected illnesses and why they caused me to be depressed. I was even stopped several times while I was describing my problems to him. He told my in the end that he was going to only look through my military records for signs of depression, and that was all that he was going to consider. I could not get it through his thick head that I would not be so depressed if I was not disabled because of my service connected illnesses. My back was hurt (2 Back Surgeries since the military) in the Navy along with Carpal tunnel syndrome, 2 Hernia surgeries during service - 1 after service, and at that time the doctor cut a nerve causing E.D. problems. Lung problems that the military has not even considered service connected yet, - filed but not look at yet because of other things pending. Sinusitis, Rhinitis is service connected. My service connected problems equal 80% but only add up to 60% as per V.A. math. I am trying for T.D.I.U. as well as other things that they have not even worked as of yet. I hate the way that they can't work all of my cases at one time. I have put in for about 10 things at one time and some are even N.O.D'S. They have not bothered working those in Atlanta yet because the B.V.A. has been sitting on another case for 2 years. My Psychologist / Social Worker is trying to get my to stop letting me make the V.A. system run my life. I can't help it though. I can't give up the fight. I can't get to the point that I want to kill myself, because I am so depressed either. I am seeing her every week now, because my depression is so bad. She is helping me to think positive about my life but this C&P is going to drive me crazy until I see what the verdict is. I do not expect anything good to come out of it because I only have one time that I went to medical for depression. Then on my separation physical I checked off Depression and Excessive worry. The separation physical should account for something. It was never followed up and I ended up getting put into the mental ward a couple of years later at the V.A.. They put that visit down in my records as just marital problems instead of depression that caused marital problems. Then some xxxxxxx put in my records a few years later that I had personality problems ( the V.A. does not compensate for that). I just needed to vent. Maybe someone has something good to say to me that might get my hopes up. Don't do it unless you have a law to back it up though.
  9. Yea Berta it has been a few years here at Hadit. I have to go away for a while though, because of my depression. I get to thinking about all of my problems way to much when I am on here. I miss being on here every day helping everyone. The DAV Chapter 33 that I am in keeps trying to send me to service officer school, but I do not have a way to get to the place where they are holding the classes here in Georgia. Tell everyone hello for me and keep up the good work. I will let everyone know how the C&P EXAM goes and what the final outcome is. Cross your fingers for me. I would really like to be able to send Theresa a big check. I have formally filed for TDIU. I tried the Lyrica and it did not work for me at all. My pain has gotten to the point that I have had to be put on Percocet. I have been run through the mill the past few months having test done. I have several more test to get done real soon. A colonoscopy is coming up this month. I have a C&P coming up for my Depression claim that is pending at the Washington B.V.A.. Wish me luck on that one. I sent them a fax a couple of weeks ago telling the board that I might commit suicide if they deny my claim this time and they decided to send me to a shrink for my C&P even though I am seeing 2 already. One private and one at the local V.A.. I have sent them records from the private shrink from the past several months. I plan on getting a new MMPI test done before Washington decides my rating this time. My private doctor has already started setting it up. I just have to find the time to get it done.
  10. I changed it to just a notepad html and looked at it. When I looked at it that way without the flash it loaded in about 1 second. I did not put it in anything that would count the time for me. For the people that have dial up, the no flash option would be great. You could have a flash and non flash option. You normally want a web page to load as fast as possible. I have my computer set to 1400x1050 and the words are very small for me to read in I.E.. In Firefox it was no problem making everything bigger. Everything spanned out very well and neat, and did not overlap. In I.E. 7 the text would not change at all. I had to enlarge the entire page to read it, and then had to shift the letters to the center. I had similar problems with a web site that I did with Firefox not showing everything, but I.E would do okay. I always just make my letters large to begin with. Most people will be using I.E. 7 and it is not user friendly. Change your screen resolutions and look at the way that it does. With the Flat panels everyone are using, you will have to make it adapt to large screens. You wording and everything else were great. As always you did a great job with the overall set up. Just test the screen sizes that I mentioned.
  11. OK Mother Theresa....... <_< .......... Something made me check the site tonight. I guess the site summoned me for this vote. LOL I do not get on here as often as I should or want to. After over 10 years and watching you do a great job and make several changes, some things have taken a little to get used to. The best things about your changes are this. You know what is easier for you. You also have been around the block with everyone a few times, and you know how we act in several ways to change. You always take everyone's best interest at heart. You do a great job with the site and have come a LONG LONG WAY over these years. Someone mentioned that they can not believe the number of post on the site. I can remember when you did not even think of putting the number of people, or number of post as well as no amount of hits to the site.. Man I am feeling old...................LOL After saying all of that I have a point to make. For people like me that do not come around often for whatever reason, You have a great idea. The people that are here every day it is a little different. There are a lot of topics to cover. The post does get off track. I can remember when there was only Social Chat and V.A. Claims and Research. You had to expand from that because it got out of hand. When I come on here now, I am usually looking for one particular thing. I think this would also apply to new people also. I send veterans here all the time. A new Veteran could get very confused in trying to find an answer if he/she had to look through a hundred or so post to find what they want. I think that this is what has made you expand over the years. It makes a lot of sense. If a veteran gets confused they will give up on here just like they do in the claims process. We all know that happens. A confused veteran or spouse would then possibly add another question that has been asked several times before. We have all seen this done and have had to direct them to go to the old thread to read everything. Just like Carlie mentioned. She is one of the great assets to this place. This will make it easier for her to help other people. The new people would also be able to look at the categories and choose what they are looking for easier like the laws are written in categories. You already have the abbreviations listed on the first page of Hadit. You could just implement that into the navigation page like you usually do. This would clear up unneeded space on the web server by getting the tings organized and stop people from posting the same question and answer 10 times. That is just my two cents. Hello everyone. I am doing okay. Still working on a BVA case that was remanded. They have finally read my 1992 separation physical and noticed (after I pointed it out for years) that Depression was checked. Imagine that, it only took over 10 years for someone in Washington D.C. BVA to see the physical. I am working on that part now. I will be posting some news from some recent test next week. Have a nice day everyone.
  12. Berta, You always do a good job. I am proud of you for your school work. I guess they can teach old dogs something. People like you will make them have to change that saying. LOL B) :D :P You are an inspiration to many vets.................... :) B) B) I hope that everyone is staying warm with all of the snow and ice storms.
  13. Berta the brain tumor was found in 1995. I was treated great at the time. I did not know what I know now about the 1151. If you think back you will remember you helped me with a 1151 on my back surgery that the VA refused to do. By the way.........They still have not responded to the claim and it has been over a year. I guees they are going to try to use the excuse about me having several other things on appeal in Atlanta along with a case in Washington at the AMC. I call them every now and then to harras them. I need to start sending them several faxes a month and calling them every other day. They have had long enough to give some kind of response. The last time that I called them I had the person to put a note in my file that the judge had expedited the case over a year ago. I have been slacking off. I still have to send in for compensation for a surgery that I had a few months ago. I have been feeling so bad the last few months that I have not filed it yet. I was trying to give them time to do the other stuff first, and not give them a reason to say that I confused them and side tracked them. ................................................................................ .................................................................
  14. I will do that as soon as I get a chance. I checked with a friend in the RELEASE OF INFORMATION section in Dublin today and he told me that he did not see where the guy ever got his records. The guy needs serious help. Thanks for everything that you are able to do ahead of time.
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