Click To Ask Your VA Claims Questions | Click To Read Current Posts
Read Disability Claims Articles View All Forums | Donate | Blogs | New Users | Search | Rules
Victor Ray
-
Posts
288 -
Joined
-
Last visited
-
Days Won
1
Content Type
Profiles
Forums
Events
VA Disability and Benefits Information
VA Benefits News
Store
Posts posted by Victor Ray
-
-
Thanks Costa.
i didn't recognize the accent, but I was right. My ancestors are from that area too, Italy, Scandinavia, England Ireland. Glad to meet you.
I would switch, but the distance stops it from happening. I was more or less threatened for talking to the VA, but I would not have if DAV would have filed my claim. They talked me out of filing in March all the way to July to wait for my STR's. Why could I not file in March while waiting for my records.? and then I had to refile in November? what was the reason for me losing eight months on that claim? I believe they were told to stall me and put me off because they knew they screwed up in 1971, and were thinking I may pass away before they had to pay. I don't think it's possible to change my opinion, because looking at the big picture and knowing how corrupt the VA has been points to one conclusion only. I like secretary Bob McDonald but he has to answer to the corrupt bosses or else.
Also, DAV did not want me talking to the VA at all, and warned me about it in hey threatening tone of voice. are they the mafia or just talk like they do? Isn't the VA the veteran and the veterans representative supposed to communicate, to resolve issues for both the parties? Did I not read that , that the VSO brings the two together for a fair and honest decision and compensation.
laziness on the VAs part cost me 45 years of benefits that were denied by not having any facts before making a hasty decision. The Nashville the VARO denied my claims on June 23 and the records left Headed Their Way, June 24th. The VA denied my claim based on one document only that I have a new have. this was before Beverly NEHMER, and it should have been ME vs the department of veterans affairs but when you can't get the records from them you can't possibly win. I developed at least two or three presumptive conditions while on active duty in Vietnam or the USA after Vietnam. My claim was for systemic residuals due to agent orange exposure and eczema because that's what doctors were calling it half the time, and I could not get the STRs to prove anything.
I am pretty sure they are going to play me for stupid, and lowball me with a terrible number, and I can only hope they don't insult me too bad considering they took my life.
thanks for being nice guys Costa and Tom. I have watched your YouTube videos and appreciate them. good luck to you and thanks for helping our veterans.
Victor.
-
Hadit
in VA Scandals
Thank you Buck.
i needed some reaffirmation that the VA had not contaminated this site too, like it has so many others. It is probably this crappy Apple IPad. It can't keep a signal.
i did some adjustments and hope it helped.
I tried to reply to Berta 3 or 4 times, but couldn't get a sentence done hardly, before it dropped me. I tried to reply to Vet2Vet also, but couldn't. I'll try both again.
I sent the proof to the St. Louis VARO almost 2 years ago, and they took so long, that the new and current medical proof became old, and ignored. Not new. The documents I sent Janesville in Nov. didn't get scanned until March or April 5 or 6 months later. The same with my Claim through DAV. I filed July 28, and had to complain, write the assistant to the Missouri Veterans, and refile in November to even get it in the system, before ANY process could even begin. The same the whole next year or more. Then, after being lied to again, I dumped them, and they retaliated by asking the VA to award benefits understanding that I revoked their representation. They did and denied an increase, thanks to the liars club.
I just posted a few documents to show I was actually very ill, actually hospitalized in Vietnam for 3 full weeks before evacuation, but the VA denied all SC. The denial was made before the Nashville VARO had even received the STRs and I have the proof. They made their denial on one document, the DA3349, and even that was totally misunderstood. I wasn't deployable to more than half the world, and was supposed to be discharged, because they could not treat me. Every regulation was violated, and there should not have been a claim, but because of ignorance or cover up, I was not medically discharged, as ordered on May26, 1971. The proof of everything is always on the vet, and there is no benefit of the doubt going to the vet. The VA has been lying to me all my adult life, and they need to pay.
This is criminal in my opinion, and that overrides any law the VA hides behind, whether each item was claimed or not, " because the VA hid the proof for 45 years, preventing a proper claim or appeal. I defy it to prove its intention was not to wait for my death. It is or was waiting me out, and DAV assisted in deceiving me with them. The St. Louis facility is corrupt, including the VSOs.
they had the proof all these years, that I was permanently damaged, but the Secretary running the Army in 1971 is the pitiful man responsible, probably, but the VAs corruption never ends. They are putting it to me as we speak, and are waiting me out. Waiting me out!
thanks for listening Buck.
-
Hadit
in VA Scandals
Well, everything I try to do on this site, even write a comment is censured. Not because of language, of false statements, but because the administrators must be blocking the facts getting out to you.
Is this another VA site, or DAV?
If it is DAV, I understand. I couldn't tolerate any more lies from them, and they did not want to speak up about the wrong decisions the VA made the last 45 years. We don't like each other, plain and simple. They seem to be the dirty side of the VA.
I will say this. I believe I will be waited out, just like those men in Phoenix. The VA reinstated the woman and paid her back pay while she was off on administrative pay for the scandall. You will not get that courtesy.
I can't post any records or articles, and may not even be able to comment. Why is that Hadit? Is this a Vet to Vet site, or a VA site just persuading us to believe it's for us?
-
On June 1, 2016 at 8:27 PM, VETOVET said:
Please, welcome new VET2VET podcast episode:
Today we are joined by Thomas Wendel, DAV National area supervisor for West Cost Region.
Thomas E. Wendel served in the U. S. Marine Corps from 1983 until 1997.
Since 1999, Tom has worked assisting veterans in processing various entitlement claims on the local, state and federal levels; first in Clare County as a county service officer and then when he came to work for the Disabled American Veterans in 2000. In 2008 he was promoted to the position of supervisor of the DAV Service Office in Detroit and later he was promoted to the position of supervisor of the DAV National area for West Cost Region.
DAV is America’s largest, most effective veterans service organizations dedicated to the needs of those injured, ill or wounded in service. We have more than 1,300 Chapters in communities nationwide to help make sure veterans from all generations and their families get the benefits and support they deserve. Today, nearly 1.3 million veterans belong to DAV, and we encourage you to add your voice to the cause. Our programs and free services help all veterans get the health, disability and financial benefits they earned. Take advantage of our benefits claims assistance, medical transportation and employment resources. Your local DAV Chapter is a great way to connect with fellow veterans in your area.★ JOIN US IN OUR COMMITMENT TO YOU AND OUR FELLOW VETERANS ★
▶ facebook.com/VETOVET2
▶ itunes.apple.com/us/podcast/vet2vet/id1077206523?mt=2
▶ twitter.com/VETOVET2
▶ youtube.com/c/VETOVET2
▶ plus.google.com/u/0/+VETOVET2
▶ goo.gl/app/playmusic?ibi=com.google.PlayMusic&isi=691797987&ius=googleplaymusic&link=https://play.google.com/music/m/Iiqawbuzg7eviiyqm6xz7kju62m?t%3DVET2VET
▶ feeds.soundcloud.com/users/soundcloud:users:198832065/sounds.rss
▶ soundcloud.com/vet2vet
▶ stitcher.com/s?fid=80842&refid=stpr
★ LIMITED LIABILITY CLAUSE ★
THE INFORMATION AVAILABLE THROUGH THE VET2VET MAY INCLUDE INACCURACIES OR ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. VET2VET MAY MAKE IMPROVEMENTS AND/OR CHANGES OF THE CONTENT AT ANY TIME. ADVICE RECEIVED VIA VET2VET SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF VET2VET, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE CONSULTING VET2VET.
Wher are you from Joe and Costa? I recognize the accent, but can't quite place it. Where did you guys serve? Are you with DAV? I read about Tom, but haven't met you yet! Thanks
-
Andyman73
Good Luck. You have to do what your gut tells you to do because the brain is too easily persuaded. I never did get a good feeling about DAV and The only thing they did was file a few papers and record requests. Now they denied i filed requests through them, lol. I have the receipts. But what started it was the delay in even filing the claim. I had to refile, so they destroyed the first copy before it got to the VA.
there is so much sneaky stuff going on, that you need to check everything everyday, and only 1 in about 30 VA employees will know what they are doing. They are under pressure to churn out claims, so they do, right or wrong, and they make a massive amount of mistakes. It is all designed to get it right, or delay unail they have scrutinized your claim and found a t that wasn't crossed. Of course, thousands clog the system everyday with bogus claims also, and those have to be investigated as though they were actually a good claim.
Then there are good claims, that some rater boggled up in an earlier decision, and it takes months and months and 53 different steps, looked at by 53 different sets of eyes, until they all feel good about giving you the benefits you were promised. The office of red tape finally awards the claim, but we are dead. Now, it starts over again for the survivors in order to get what they should have had decades ago.
If you use a different VSO have them initial every piece of paper they give you, every piece, Because they will lie to see their job. Best of luck.
Victor Ray
Me and An agent orange examiner disagreed over a couple words and he refused to enter my evidence into the file Or claim. My surgeons report said the indication is CAD. He argued that the report did not say it was CAD, so he didn't put it in his report. This was at the Kansas City VA Hospital and the guy is a liar and a snake and should be fired.
-
8 hours ago, silverdollar22 said:
I also have had a bad taste left in my mouth from the DAV. Back in 2011 i submitted a claim with the help from a member of the DAV who's office is in the VA hospital. This man told me that they call him MR 100% and he would help me get my claim thru. This idiot told me to claim arthritis all over my body after i told him i had joint pain. This in itself made me look like i was trying to get something over on the VA. He also told me to claim TBI because of my auto accident. Then to cap it off he wanted me to meet him at applebee's so we could go over my documents and had me buy him drinks and then tried to get me to sign up with him and his wife in a pyramid scheme. I should have went back and done something about this guy but i just dumped the DAV and after i was denied for all of my claims i found HADIT and did my claims myself and was awarded 80%. DAV my big ole butt!!!!
Silverdollar.
There is an angle they are working. I remember a friend that worked on salary and commission. He got a salarynthat I wouldn't accept. I'm not a salesman anyway, but comparing paycheck to paycheck, he made Four time my and I was doing ok myself. Too much to get VA treatment. Of course the receptionists just liiiieeeeee, lie, lie. It takes 14 to get 1 reliable answer.
You get what you pay for I guess. I think I need a lawyer, before they lowball me again. A VSO is free, and you get 100%, but 80%of 20 million is much more than 100% of 100K.
good luck to you.
Victor Ray
-
1 hour ago, Andyman73 said:
Thanks, Buck, I keep forgetting to check ebennies to see if they've been removed.
Victor Ray,
Is there no end to what lengths people or groups will go to, to take advantage of, or even screw over, the Vets of this country???
Bet they got that claim fixed because it was the one mentioned in that article.
Semper Fi
No there isn't.
you have to prove when they are lying to get your deserved benefits, then you have to prove they are right to get your benefits. You are a loser either way. The evidence before them seems to matter very little, depending on what the VSOs want you to have. I think the more they screw you out of, the more they get. I really do! What a pity.
-
They took action and the third day was "0" increase. That was low down and dirty of DAV! To ask the VA to take action regarding benefites administered to me by the Dept of Veterans Affairs, because I had got rid of them, and to complete it as soon as possible. The VA did too.
i took English in high school all years, and know how to dissect sentences to get the real meaning from them. DAV caused me to lose benefits, at least for now. Maybe I should call an attorney and visit him with this letter.
-
3 hours ago, Andyman73 said:
I did think it interesting, that on their website, they did not list the phone for my local chapter...which is only 5 or so miles from my house! And when I called their regional office, they didn't have the local rep call me back, someone from the main office(70 miles away)did. Even the rep at my VAMC(only 18 miles away) is closer, and didn't call me back either.
I guess you have to be a dues paying member to get their honest help.
There is no wonder we are in a mess. The VA keeps hiring and it takes twice as long. Figure that out. Some are great and some just take up space. I would call them at least once a day, every day, and ask what has been done today, and call the 1-800-827-1000 everyday, if you can get through. Good luck.
Victor Ray
-
3 hours ago, Andyman73 said:
I did think it interesting, that on their website, they did not list the phone for my local chapter...which is only 5 or so miles from my house! And when I called their regional office, they didn't have the local rep call me back, someone from the main office(70 miles away)did. Even the rep at my VAMC(only 18 miles away) is closer, and didn't call me back either.
I guess you have to be a dues paying member to get their honest help.
There is no wonder we are in a mess. The VA keeps hiring and it takes twice as long. Figure that out. Some are great and some just take up space. I would call them at least once a day, every day, and ask what has been done today, and call the 1-800-827-1000 everyday, if you can get through. Good luck.
Victor Ray
1 hour ago, Buck52 said:I don't mean to put anyone down at the DAV some are good people but there few and far between this is just my experience with them.
Andyman
In case you didn't know?
you might want to look on ebenny's and check to see if they still have DAV as your Rep?
From what was said here on hadit a few years ago or so it is hard to have your POA Revoked ..and you need to get confirmation that it is.
Even when you submit the to the VA and request you want the DAV Rep Revoked from your POA..they ignore the request.
However if a Veterans seeks an Accredited VA Attorney then the Attorney becomes the veterans POA especially so at the BVA.
& new Rep and the DAV is OUT.
....Buck
Buck.
I revoked DAVs representation, and they told the VA to screw me more or less, and they did. A couple days after I revoked their POA I got a decision on my "reconsideration" and it was "0". They told the VA to "Please take action to consider the following: Veteran formally revokes DAV representation". They ask that "the appropriate development be completed as soon as possible." and the VA did---"0". They sent this letter to the VA regarding benefits administered to me from the Dept. of Veterans Affairs. I got "0". Thanks to the lying DAV.
-
3 hours ago, broncovet said:
This "Vet 2 Vet" could very well be very good, helpful people, and our comments may be misdirected. Of course, there is always a continium on levels of competency in every endeavor.
The DAV has at least 2 strikes with me:
1. When they said, years ago, "Vietnmam" vets are not "real" Vets, and did not recognize us, they contributed to the problem they were supposed to be chartered to solve.
2. When they took a stand against Vets having an attorney a few years ago, this was unnecessarily limiting Vets choices. They may have backed off one or both these positions as DAV now helps some priveledged Vets get NVLSP attorneys.
3. I also dont like the head honchos earning 350 grand a year. 250 of that should go to helping Vets. Whoops, that is 3. Lets call the last strike a foul ball.
The DAV needs reformed almost as much as the VA. Again, however, these vet 2 vet guys may just be great.
They struck out with me and thousands of others, but they don't know it yet. Some do get awards fairly quick, and are happy to get anything at all, so they praise DAV. But when justice is covered up, and we get lies instead, then it's corrupt. I filed in 1983 because I still had lots of issues still, from Vietnam Hospitalization and afterwards, but it was swept under the rug as my skin disease was not service connected, and AO did no harm.
I finally got slapped in the face after 45 years with 50% and $500 in back pay, after a decision and 2 reconsiderations. That's 500 dollars, not thousand, but either way it's unacceptable. This borders on criminal malpractice or maybe it is, because treatment was denied, which I am sure fueled the deterioration. H*ll, in the service I couldn't get decent treatment, because they did not know what AOExposure was. It wasn't in our knowledge yet, but they knew I was very ill, but retained me as I was worsening, and did nothing.
i believe you are right. The salaries are outrageous. Many would do their job for 1/3 what they get for doing little to nothing. Good Luck Broncovet!
Victor
-
39 minutes ago, Andyman73 said:
I did think it interesting, that on their website, they did not list the phone for my local chapter...which is only 5 or so miles from my house! And when I called their regional office, they didn't have the local rep call me back, someone from the main office(70 miles away)did. Even the rep at my VAMC(only 18 miles away) is closer, and didn't call me back either.
I guess you have to be a dues paying member to get their honest help.
There is no wonder we are in a mess. The VA keeps hiring and it takes twice as long. Figure that out. Some are great and some just take up space. I would call them at least once a day, every day, and ask what has been done today, and call the 1-800-827-1000 everyday, if you can get through. Good luck.
Victor Ray
-
5 hours ago, Andyman73 said:
I also revoked the DAV's POA, just recently.
I had a few claims denied back in Jan/Feb of this year. However, the DAV recommended a decision in November of 2015, before these claims were even at the RO's office!
When I called them, and waited the 4-6 weeks for their return call, the guy on the phone told me that all my claims were denied...so, that tells me the decision the DAV recommended was to deny all my current claims.
So, in my personal experience, all the DAV did for me was stand in front of me and block my every move.
They should be ashamed of themselves.
Hi Andyman,
i figured out that DAV is DVA. This is the dirty branch (IMO) of the Department of Veterans Affairs who basically gets veterans as little compensation as possible, to keep costs down. There are hundreds of thousands of phony claims processed continuously, and have to be weeded out, but DAV enters the venture with assuming you are a phony, unless you have a face or abdomen missing. I understand their concern, but the records speak for themselves and need no defense, so they should aggressively move on it! There is much more money involved than we know about. Bonuses that are more than we ever made in a year, but the payout must be kept low to veterans. I think you made a wise choice. Good luck.,PS....read this story too. 1 week to resolve a "CUE" and I am 45 years and waiting.
-
2 hours ago, VETOVET said:
Please, welcome new VET2VET podcast episode:
Today we are joined by Thomas Wendel, DAV National area supervisor for West Cost Region.
Thomas E. Wendel served in the U. S. Marine Corps from 1983 until 1997.
Since 1999, Tom has worked assisting veterans in processing various entitlement claims on the local, state and federal levels; first in Clare County as a county service officer and then when he came to work for the Disabled American Veterans in 2000. In 2008 he was promoted to the position of supervisor of the DAV Service Office in Detroit and later he was promoted to the position of supervisor of the DAV National area for West Cost Region.
DAV is America’s largest, most effective veterans service organizations dedicated to the needs of those injured, ill or wounded in service. We have more than 1,300 Chapters in communities nationwide to help make sure veterans from all generations and their families get the benefits and support they deserve. Today, nearly 1.3 million veterans belong to DAV, and we encourage you to add your voice to the cause. Our programs and free services help all veterans get the health, disability and financial benefits they earned. Take advantage of our benefits claims assistance, medical transportation and employment resources. Your local DAV Chapter is a great way to connect with fellow veterans in your area.★ JOIN US IN OUR COMMITMENT TO YOU AND OUR FELLOW VETERANS ★
▶ facebook.com/VETOVET2
▶ itunes.apple.com/us/podcast/vet2vet/id1077206523?mt=2
▶ twitter.com/VETOVET2
▶ youtube.com/c/VETOVET2
▶ plus.google.com/u/0/+VETOVET2
▶ goo.gl/app/playmusic?ibi=com.google.PlayMusic&isi=691797987&ius=googleplaymusic&link=https://play.google.com/music/m/Iiqawbuzg7eviiyqm6xz7kju62m?t%3DVET2VET
▶ feeds.soundcloud.com/users/soundcloud:users:198832065/sounds.rss
▶ soundcloud.com/vet2vet
▶ stitcher.com/s?fid=80842&refid=stpr
★ LIMITED LIABILITY CLAUSE ★
THE INFORMATION AVAILABLE THROUGH THE VET2VET MAY INCLUDE INACCURACIES OR ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. VET2VET MAY MAKE IMPROVEMENTS AND/OR CHANGES OF THE CONTENT AT ANY TIME. ADVICE RECEIVED VIA VET2VET SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF VET2VET, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE CONSULTING VET2VET.
Welcome Vet2Vet
I am disgusted with DAV myself, but not with you personally. I revoked DAVs representation for lying to me directly, and in 2 years did absolutely nothing for me. I got the low balled 50% on my own, and DAV would not have even gotten that. I filed July 28 and in Nov. the claim was still not scanned into VAs system. I had to refile and got in the system Nov 6.
I was evacuated out of Vietnam with a skin disease that they could not determine the cause of, did not know how to treat, and I was issued a P3 permanent profile for "physical capacity and stamina" because of organs and body systems being significantly affected. I was also non deployable world-wide (not even 1/3), and spent a month in the hospital for a skin disease. I was in 3 hospitals in Vietnam, 1 in Japan, 1 in USA, and this was all in the line of duty. I continued to deteriorate while on duty, with multiple diseases, like enlarged painful prostate, severe paralyzingly abdomen cramps, mosquito bites, respiratory issues, endocrine issues with chronic pharyngititis, laryngitis, repeated Group A Streptoccocus infections, chronic eye aches with migraines, ear aches with hearing loss, rashes, hives, chronic pruritis, insomnia because these issues, weakness, chronic fatigue, back and bone pain, swollen arms & legs, swelling around the eyes, trunk & side, right side pain with abnormal liver lab work, chronic ongoing medical issues that were never treated with success. Four medical officers in Vietnam signed the DA3349, including the MTF Commander. Their diagnosis was "708.9 urticaria unspecified". I was evacuated out because a I had a reaction to chloroquine once or twice maybe. A couple other times I had no reaction, so my weakened immune system may have reacted from overload.
This is when I was 19 years old, in the line of duty, and on active duty, and DAV couldn't or wouldn't submit the paper work correctly, or if at all. I never knew what was going on, and it was always, "just wait a while, just wait a while." It's 2 years later now, and I was lied to, so I had no choice but to revoke their POA.
Why is this the way it is? Is the Steven/Stephen Kelly article a lie or truth? DAV put it up on the Internet, saying it got the VA to resolve a claim in one week for him. It got him retro pay for 12 years because housebound pay had been missed. He went to a town hall meeting and talked to Mr Edwards(I believe), and the VA corrected the claim and retro pay in one week.
i am asking you if that is true? 45 years ago today, I had been in our Vietnam military hospitals for 16 days and was Med Evaced to Japan in another 5 days. So, is it the truth or a lie? Yes or No? Either DAV or the VAs reputation is in question!
With that said, and as I said earlier, it is nothing against you, but how can DAV put out articles like that, and tell me to wait even more years that I don't have? How can they do that?
thank You! Victor Ray
-
38 CFR 3.307 (a)(2) is thrown out the window. They treated me for malaria, but just like described in all medical journals, when a victim is already infected, they "will have a reaction to chloroquine". The VA is denying every reason for me being hospitalized for a month.
i told them before I was even admitted as an inpatient that I was eaten alive by misquotes because I had no net the first night or two in the Delta. A month for a chloroquine reaction? Really? Who would believe that? An entire month? A few hours, even a day, but a month? No what!
sorry Berta, but it is still just a cover up, hiding the facts, and denying a large retro pay. That is all it has ever been.
Whem my claim was denied, they said Agent Orange "DID NO DAMAGE", and there was "THERE IS NO CAUSAL RELATIONSHIP YET ESTABLISHED///stop there. "Yet established". My claim was denied because they knew in 1968 that the diseases in the Delta were rampant, to the point it was affecting military operations. So, in my denial they did not list a single presumptive condition that is now law. Not one. Nothing was coded.
Time to lawyer up it seems. The VA is wrong, and every last cent I have will be spent proving it, it looks like. Time for the media!
-
On April 29, 2016 at 10:57 AM, Berta said:
Probably thread is too long for many here to read: so I copied that part of his email to me:
Rick Spataro, Head Nehmer lawyer of NVLSP, explained Footnote One to me this way in email as soon as the Regulations were being prepared for the 3 new AO presumptives in 2010:
“As for your second question, if the VA should have coded IHD in a rating decision, the claim that resulted in the rating decision could be considered a claim for benefits for IHD under footnote 1 of the Final Stipulation and Order in Nehmer. It basically depends on the timing of the claim, rating decision, and evidence received while the claim was pending. It may also depend on the rules in the Manual M21-1 regarding coding that were in effect at the time of the claim.
Typically, though, the following example would be accurate: A veteran filed a claim for SC for a low back disability on May 1, 1990. The VA obtained medical evidence showing a diagnosis of IHD in the development of that claim. The VA issued a rating decision on April 1, 1991, but does not code IHD (list IHD as “NSC” on the code sheet of the rating decision). Under footnote 1, since the condition should have been coded in the April 1, 1991 decision, the May 1, 1990 claim should be considered a claim for SC for IHD under Nehmer. “
As I mentioned here before I was a Footnote One Nehmer claimant.
VA "SHOULD have" coded my husband's IHD but didn't because they malpracticed on it.
The medical evidence I produced gave the claim a favorable EED of 1988, for AO IHD.
In Most cases however under Nehmer II most vets had one of the new presumptives listed in past rating decisions, with a diagnostic code, rating and a NSC, instead of SC which is what a successful AO claim produced as SC, under Footnote One Nehmer, if they had a now presumptive AO disability per Nehmer II.
I stress Nehmer II, of 2010, because it changed Nehmer 1.
Footnote One is the most important part of Nehmer II. Next to the three presumptives VA added in 2010.
IN other words, they with held the fact that they knew your husband was worse than they let on? Berta, the VA should have given me a fair and impartial physical. They hired a dermatologist, a fee based dermatologist. He also told me my lungs were all spotty. It is documented that I had respiratory issues on active duty, and was discharged with on going illnesses.
that can not be any clearer! I was to be discharged, but they changed the orders, sent me 800 miles away for pcs, and a joke of another medical board. I was intimidated, had no council, did not know why I was even there, but was hinted at getting kicked out of the Army.
I love our country, but I despise the corruption. I was exposed to something that ruined my life. I was lied to, never correctly medically treated, denied access to all my treatment records, and every regulation violated.
all of my claims are simply "Denied: NSC" (except for those two mentioned), even though they were acquired in the service, while on duty, and documented. I was in the hospital a month and that is a fact, not a presumption! Most men claiming exposure were never treated for anything, let alone being hospitalized and evacuated out for it. How is it that I was given a permanent record of permanent damage to my entire system, and every claim denied, even though it is documented as in the line of duty? How is that possible?
to this day it is unspecified what caused my skin disease. It is unknown, but I am not given the benefit of the doubt. Why were none of my conditions coded? I had heart damage in May 1971, skin diseases too. Are none of those presumptive conditions not related to skin disease? None of the medical officers investigated why I had so many issues and were any of them connected to my conditions that caused my hospitalization for a month and continuous health decline. Not one. They treated me for everything under the sun, but the VA is hiding most of the records still.
On April 29, 2016 at 10:57 AM, Berta said:Probably thread is too long for many here to read: so I copied that part of his email to me:
Rick Spataro, Head Nehmer lawyer of NVLSP, explained Footnote One to me this way in email as soon as the Regulations were being prepared for the 3 new AO presumptives in 2010:
“As for your second question, if the VA should have coded IHD in a rating decision, the claim that resulted in the rating decision could be considered a claim for benefits for IHD under footnote 1 of the Final Stipulation and Order in Nehmer. It basically depends on the timing of the claim, rating decision, and evidence received while the claim was pending. It may also depend on the rules in the Manual M21-1 regarding coding that were in effect at the time of the claim.
Typically, though, the following example would be accurate: A veteran filed a claim for SC for a low back disability on May 1, 1990. The VA obtained medical evidence showing a diagnosis of IHD in the development of that claim. The VA issued a rating decision on April 1, 1991, but does not code IHD (list IHD as “NSC” on the code sheet of the rating decision). Under footnote 1, since the condition should have been coded in the April 1, 1991 decision, the May 1, 1990 claim should be considered a claim for SC for IHD under Nehmer. “
As I mentioned here before I was a Footnote One Nehmer claimant.
VA "SHOULD have" coded my husband's IHD but didn't because they malpracticed on it.
The medical evidence I produced gave the claim a favorable EED of 1988, for AO IHD.
In Most cases however under Nehmer II most vets had one of the new presumptives listed in past rating decisions, with a diagnostic code, rating and a NSC, instead of SC which is what a successful AO claim produced as SC, under Footnote One Nehmer, if they had a now presumptive AO disability per Nehmer II.
I stress Nehmer II, of 2010, because it changed Nehmer 1.
Footnote One is the most important part of Nehmer II. Next to the three presumptives VA added in 2010.
On April 29, 2016 at 10:57 AM, Berta said:Probably thread is too long for many here to read: so I copied that part of his email to me:
Rick Spataro, Head Nehmer lawyer of NVLSP, explained Footnote One to me this way in email as soon as the Regulations were being prepared for the 3 new AO presumptives in 2010:
“As for your second question, if the VA should have coded IHD in a rating decision, the claim that resulted in the rating decision could be considered a claim for benefits for IHD under footnote 1 of the Final Stipulation and Order in Nehmer. It basically depends on the timing of the claim, rating decision, and evidence received while the claim was pending. It may also depend on the rules in the Manual M21-1 regarding coding that were in effect at the time of the claim.
Typically, though, the following example would be accurate: A veteran filed a claim for SC for a low back disability on May 1, 1990. The VA obtained medical evidence showing a diagnosis of IHD in the development of that claim. The VA issued a rating decision on April 1, 1991, but does not code IHD (list IHD as “NSC” on the code sheet of the rating decision). Under footnote 1, since the condition should have been coded in the April 1, 1991 decision, the May 1, 1990 claim should be considered a claim for SC for IHD under Nehmer. “
As I mentioned here before I was a Footnote One Nehmer claimant.
VA "SHOULD have" coded my husband's IHD but didn't because they malpracticed on it.
The medical evidence I produced gave the claim a favorable EED of 1988, for AO IHD.
In Most cases however under Nehmer II most vets had one of the new presumptives listed in past rating decisions, with a diagnostic code, rating and a NSC, instead of SC which is what a successful AO claim produced as SC, under Footnote One Nehmer, if they had a now presumptive AO disability per Nehmer II.
I stress Nehmer II, of 2010, because it changed Nehmer 1.
Footnote One is the most important part of Nehmer II. Next to the three presumptives VA added in 2010.
In other words, you caught them hiding evidence that they knew had affected your husband.
that
#10 DAV
in VA Disability Claims Research
Posted
Andyman73,
I wouldn't either. There is too much at stake and it is not their money or benefits that could be bartered away, and they do barter. They would throw out my claim for 100 or more other claims at 10% rating for PTSD, as an example. They always sacrifice 1 large claim for a bunch of smaller claims and it gets the word out how great they are doing, except to that one family they sacrificed.
They are waiting me out because they should have medically discharged me in 1971, but they didn't. The neanderthal attitude "I will show you by God" sent the orders down to retain me, sending me 7 or 800 miles away for a medical board, with no intention of separating me from service. It should have been held locally.
I am supposed to have a DRO, in the future, but I look for the officer to insult my intelligence, because that is what he does for a living, and is educated in the ways of screwing over vets. I hope I am just being pessimistic, but I am afraid I am right. Do what feels right to you Andyman. Your mind knows the truth. Best of luck.