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Poopsy Woopsy

Seaman
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About Poopsy Woopsy

  • Rank
    E-3 Seaman

Contact Methods

  • Website URL
    tidlywinky@hotmail.com

Profile Information

  • Military Rank
    wife of LCPL Marines
  • Location
    washington
  • Interests
    Don's interest were his family.. PTSD kept him from having any friends. He did everything with his family and me. I didn't mind. He had a moving business and loved to drive cross country. Collected "Oldies & Goodies" and was very good at pool. and pinoccle cards. Loved his garden, green fried tomatoes and iced tea every day but most of all he loved "ME".

Previous Fields

  • Service Connected Disability
    PTSD
  • Branch of Service
    Marines
  • Hobby
    making them pay, VA

Recent Profile Visitors

395 profile views
  1. Berta, Bronco; I am DIC and i get champVA They said I was eligible for two things but that DIC was better. They reopened this claim on their own after saying I missed the chance to send addtional information.. Doesn't suprise me.. I couldn't function mentally for a while.. It was all quite a shock. I have been doing a lot of research (Bronco). Get a lot from here. Some days I feel like a lawyer and should get paid big bucks. Anyway. PTSD 70% was easy but now I am just going to state that it is "As likely as NOT" that its the PTSD not the SSI (NOT SSDI) back, thus getting his TDIU. So even though they are stating the SSI is the problem.. they must concede that it isn't even SS"D"I. AND I have evidence to show progression of PTSD that started "Before" the back SSI. The cardiologist letter that got me DIC also related the cause of death to both PTSD "AND" CHF. This is why after redirecting thinking of SSI to PTSD. I want to take the opportunity to Add "presumptive, for CHF, DMII, PN and everything that was on the AO claim. (He also fits the 100% criteria for DMII) Would it be "Presumptive or secondary or both?? Can you do that on an NOD?? I have stacks of medical evidence, some stating "Chronic" which I know is helpful. Just not sure if NOD is the place. Finally, what happens if now with the "New" blue water ruling.. that all those medical issues are all rated For AO?? it seems so obvious the poor guy had several of the maladies on the list and became apparant at a fairly early age. What comes first the chicken or the egg? Well It will probably be years before there is a re-ruling for old claims on AO, so will move forward with TDIU and secondary or presumptive stuff. Thanks, PoopsyWoopsy
  2. remember Broncovet, the claim is for TDIU and in the NOD, because it also pertains at 100% to TDIU. It has not been given a rating just a denial through AO. Figured I could get it rated through secondary SC with additional evidence along with TDIU evidence. Because it stands on its own.. just didn't know if I could piggy back it so to say on this NOD
  3. Its Me Poopsy Woopsy again.. I just found some information "Specific" to my question about SSI/TDIU.. It hit the nail on the head... Don's SSI should make it easier to substantiate the claim for TDIU not make it harder to claim.. As I stated it seemed like they wanted me just to verify in words that the SSi did not trump the obvious TDIU.. Why I don't know.. seems again obvious to me. Hope i am not missing something here.
  4. i am in an NOD for TDIU thus asking accrued thru PTSD. The more work I do the more I find out the more I should have done or I guess my VSO. As in earlier posts, I have said that the only reason they denied the TDIU (which to me was obvious), is they denied it because of an old SSI claim for his back. I will "state" in my NOD that it should not supersede the TDIU/PTSD because I can add some presumptive info that started "Before" the back claim.. (I don't know if it will be as determinative to them, as PTSD can be elusive) Again I'm not sure thats what they even want. It seems they just want me to put in "Words" that it is not predicated on the back situation, which by the way back issues are in his VA med records as a condition as well, but I found where VA stated the back was stable. In doing all this (thru good info like you get here) I realized my husband should have been 100% for DMII. He met all the requirements for 100%. DMII it was originally claimed thru A.0. (along w CHF, ED, PN,) which I hope the new ruling as of Feb will change that. (we could not prove in country because he was on ship, (did what you said Berta, got records asking for info stating ship etc, but they stated because of PII, I wouldn't receive such info. I do have his ship listed on the presumptive list so it all seems obvious. Do "I" have to Resubmit or do they just re-rule on the claim. ANYWAY, back to my original point! Can and "Should" I add evidence stating proof he fits the 100% criteria for DMII. and ask for Re-consideration of DMII on presumptive or secondary grounds on the NOD??. (Or do I have the right to, (or shoud I) resubmit it seperately, even though it was previously part of a closed claim) The AO is closed because of "No further proof" but should I not be able to re-direct his DMII on the NOD as a secondary to his PTSD instead? or even presumptive because of so much medical evidence in his VA med files. I am so determined to make them pay for what he "deserves" but I get lost with emotion, and then get lost with where I should go with all the information. What I don't understand is there is a huge amount of medical files all positive for everything claimed, so don't they have a "Duty to assist" in getting it and figuring it out? "Some" of the medical evidence but not much in respect to how much evidence there is, is in his C-files, so "is it" really as easy as sending "more" medical evidence that sits their right in his medical files for them to see? I read where Berta stated not to re-state things that are obvious, so as not to assume "Ignorance" on their part or that they are not doing their job. (I realize they are just "Pawns" in the game) so some more direction would be very helpful to me. Been away for a bit because it takes such consentration with so much information, realizing the more I find out the more work I have to do. SOOOO afraid of making a mistake. AND NO!!! I am too committed to this to hand it over to someone else at this point.. Except for asking verification from my VSO. P.S. got a new printer so I could send receive or copy info now to help with any info received or replied to. Thanks everyone.. You are what grounds me!!
  5. Poopsy Woopsy

    Confused Not100% but get ChampVA

    Thanks Buck I just got of the phone with Social Security (I was on hold for 1hour and 45 minutes) and ultimately all I got was an appt here locally which is ok because they will give me copies if needed.. I think what is happening is they are lumping two stints of Social Security together, and then using that to deny his TDIU. The first one was several years back and we received it while waiting on Don's back surgery!! Then when Don was deemed to not be left alone a few years before his passing. I had to give up working and take care of him,, We had no income and no way to figure out "Help" That was of course after we streched an inheritance out beyond recognition. (It would have been used for the down payment of a home) We had to get Social Security to be able to live, and I at least found out at that point from the phone conversation that they deemed him "disabled" for his lungs just before his death. Not for is back! I think they are lumping the two together, and thus saying he was already in a "Disabled" situation. It was "Purely" needs basis and the earlier one (the only one that should reflect anything on his claim) wasn't declared a "Disability. This info is not pertinent for you! But helps to get it out!! What is "Continued prosecution" mean??? Is Alex Graham a lawyer? Where is he located? Thanks for all your help! By the way. How are you doing? P.S. How long should you wait on your C-file before you file a "duty to assist", I think it's called.. I have made two phone calls and they havent even sent the letter stating they are working on it.
  6. Poopsy Woopsy

    Confused Not100% but get ChampVA

    Thanks Hamslice ( I love your Handle) that makes sense.. DIC is from his death, but I should then still be able to pursue our claim for TDIU (that was in before his death) and that then: if awarded, should give us the "accrued"benefits from receiving benefits for the TDIU, that they denied, Correct? Why would they put the "cart before the horse. so to speak? They were in the same Claim!!
  7. Poopsy Woopsy

    Confused Not100% but get ChampVA

    BUCK52 Thanks! YES, YES, YES!!!!! i have been looking through "how to file" since receiving my denial! This is what is important!! He is only being denied because they are "Reverting" BACK to when we were receiveing some SSI for a back issue he had.. He had back surgery and at that point didn't receive any more SSI. So they are saying the inability to work relates to his back. Note: The VA med records showed one of the reasons he was on "hydrocortisone" prescription is they related it to to his back... the rational is really that he had open heart surgery and they opened up his chest which requires putting in a chest wire! well that chest wire "BROKE" and he kept complaining of pain, which the VA continually ignored. Finally someone listened and told him to be at the Seattle VA hospital "THE NEXT DAY" to replace the chest wire. (they paid for the flight. How nice!!) I'm sure it was just to save their butts for not addressing the problem that could have taken his life!!! after "REPEATEDLY" telling them he was having pain and something was wrong!! They just ignored him and wrote him off as a "Drug addict" Despicable given that so many Vets end up that way with NO help in sight!! Even when we asked when he would be taken off the hydro. they just said "probably never"" by then they just wrote him off as addicted. (Also in his records). SO I dont know how to rectify this in pertaining to his prior SSI given that they might just say he was continuallly getting meds for the back issue. (among other medical issues, that In my opinion, were all related to his AO that they wouldnt give him after having 4 of the medical issues related to AO. yes I said 4)The only info missing is him leaving the ship in blue waters. It was a secret mission and they wrote back saying they couldn't get any info pertaining to that!!. Waiting for C-file on that! Im hoping that it will be as simple as getting them to not consider the SSI. and I have been trying to figure out HOW to do that!! I think if I can somehow "Proove" SSI is not relatable to his TDIU, I should be able to just get a remand of evidence so that It wont take forever!! and TDIU is awarded. What do you think? We filed for TDIU (of course) AFTER he received his PTSD claim at 70% about 6 or 7 years ago. he passed 4 1/2 years ago.. That is why I think he has to get the TDIU "FIRST" so he then is entitled to "accrued benefits" for the new 100% rating. correct ?? P.S. I get DIC (in lieu of his death and subsequently ChampVA) I keep reading you have to be 100% to receive it. so part of the confusion.
  8. Poopsy Woopsy

    Confused Not100% but get ChampVA

    thanks Buck.. He has only been rated for PTSD at 70% and was when he died, even though some of the claims we had in should have and could have changed that. I received a letter from a NON VA Cardiologist stating that His heart AND his PTSD were factors. So when the VA was found negligent in his death, I had the statement from the cardiologist that claimed what factors were relevant when he died. I called a lawyer after his death and he said "You can't SUE the government"" You don't have a case! So i didn't know to even consider a Torte claim.. and it now has been 41/2 years. I am assuming because they now pay me monthly,, I would not be eligible for both (Torte). I am wanting TDIU to make his 70% PTSD at 100%. wont that bring my allotment amount to a higher level.. ( one a bit easier to live on) Not to mention if they gave him 100%. he would deserve the back pay from when we originally filed.. I assumed getting the TDIU would "Infer" the backpay from date of claim! an What should be assumed as vaalid in receiving as a torte or as we were trying to do in the first place through filed claims
  9. Poopsy Woopsy

    Confused Not100% but get ChampVA

    Hi Berta thanks for your help. The Ao claim Im not even dealing with right now because I have to get this "Accrued" stuff dealt with first.. The more I read all these posts from people trying to help.. Just guessing but MAYBE the VA screwed up and are trying to fix it by "NOW" wanting to rate the "Accrued" that they just denied...I dont know.. Just know I appreciate everyones help and am trying to get somewhere with this. Am seeing a VA Rep this week so maybe some things will become more clear.
  10. Poopsy Woopsy

    Confused Not100% but get ChampVA

    Hi Hamslice! Don was 70% ptsd. so we had a TDIU claim in to get it brought up to 100%, because he couldnt work. While waiting for the claim to be processed the VA KILLED HIM!!!! So they gave me DIC and I received ChampVA with it (FYI: Visited a VA rep for Cathy McMorris Rodgers here in WA to see if they could check on the status of his clams. He was anxious to help but said all Don's claims were closed . I knew NOTHING about not having claims no longer open) ANYWAY! When I received the letter stating they wanted to "Rate" the claims finally!.. (I was shocked AND elated! to find out they somehow were going to go ahead and rate his claims! Go figure) I sent the letter they sent me, back in to them. They neeeded just a signature from me so they could go ahead and rate the afore mentioned TDIU claim. I received a speedy letter back "DENYING THE CLAIM" I thought it was obvious and cut and dried, and that i would receive a positive response because it was basically "Inferred" There reasoning for denial, as previously stated in the above paragraph was they were saying that the "Very OLD SSDI claim (for his back) was why they denied it!! because that meant that the TDIU was not based on his existing PTSD, but that they were going off of the existence of the back SSDI. So it was denied because of the back. BUT they didnt have to take the SSDI into consideration they said. SO again what Im asking is how do I override the SSDI or show cause to not consider it. How do you get the VA to "STOP" considering the OLD SSDI so it is NOT relavant to his TDIU claim. Are they wanting me to just send evidence of why he is TDIU..aside from the SSDI? even though the A&A papers should have been enough? Thats "WHY" I am so confused.. EVERYTHING I read says he should be getting TDIU, no problem from his already 70% PTSD..Why are they "Referring" back to the SSDI at all.. it was a long time ago and everything he was dealing with was after that!! Sounds like they are playing me for "DUMB" They shouldn't mess with the wrath of a widow... till my dying breath... I will fight for what was his!
  11. Poopsy Woopsy

    Confused Not100% but get ChampVA

    Thank you guys for a speedy response! Ok. 1. We HAD 3 claims pending "Before" my husband was killed by the negligence at the VA where they immediately conceded their wrong-doing and thats how I got DIC, AND ChampVA. SO The SSI I keep talking about is quite a few years back my husband (by the way his name is Don, so I will refer to him as Don) Don was on SS disability for his back. He had surgery and things were fixed, but the pain continued! so a lot of his records indicate pain and meds for the pain, and nothing else. this was so far back I can't remember the dates. BUT This is the reason they keep "Denying" his claim for (i am going to write straight from denial letter) Reason for Decision For accrued purposes, entitlement to induvidual unemployability The claim for individual unemployability is considered reopened. Entitlement to individual unemployability remains denied because the evidence does not show that the Veteran was unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities. ( this is not a typeO ) " considered reopened then says remains denied"???? Is "Entitlement" the operative word here? Continuing on right from the "Ratings" paper. They go on to say in the next sentence. We considered the records from the social security Administration which show the Veteran was considered disabled due to a "Back condition ". Additionally, the VA is not bound by decisions made by the social security Administration. They go on to say Entitlement to individual unemployability remains denied because the claimant has not been found unable to secure or follow a substantially gainful occupation..??? Did they just ignore the fact we put in for A&A?? Twice, denied the first time.. He was also deemed by the VA after a stint in the hospital to be put in a care facility (for good) instead of going home!!! (Over my dead body!!) Sheer HELL, then they KILLED HIM!! I am assuming all I have to do is get them to disregard the previous SSD I just don't know how to do that?? The other thing is, I have been trying to figure out is, "You can't get DIC Or ChampVA unless you are "100%". So why am I not "Just receiving TDIU.. There is all kinds of evidence he was unable to work. medical records, previous PTSD records.The VA's own volition. (Previously stated above paragraph..I did all the work for his PTSD claim and he was awarded the first time around and in a timely manner!) He got 70% PTSD with a 50% GAF. thats pretty obvious and by all I've been reading, Not easy to get!! ARE they just playing "DUMB"? hoping I cave or miss something so they can just dismiss the case.. It should have been automatic.....
  12. Poopsy Woopsy

    Confused Not100% but get ChampVA

    Thank you guys for a speedy response! Ok. 1. We HAD 3 claims pending "Before" my husband was killed by the negligence at the VA where they immediately conceded their wrong-doing and thats how I got DIC, AND ChampVA. SO The SSI I keep talking about is quite a few years back my husband (by the way his name is Don, so I will refer to him as Don) Don was on SS disability for his back. He had surgery and things were fixed, but the pain continued! so a lot of his VA records indicate pain and meds for the pain, but nothing else regarding his back. this was so far back I can't remember the dates. BUT This is the reason they keep "Denying" his claim for TDIU. (I am going to write straight from denial letter) Reason for Decision For accrued purposes, entitlement to induvidual unemployability The claim for individual unemployability is considered reopened. Entitlement to individual unemployability remains denied because the evidence does not show that the Veteran was unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities. ( this is not a typeO ) " considered reopened then says remains denied"???? Is "Entitlement" the operative word here? Continuing on right from the "Ratings" paper. They go on to say in the next sentence. We considered the records from the social security Administration which show the Veteran was considered disabled due to a "Back condition ". Additionally, the VA is not bound by decisions made by the social security Administration. They go on to say Entitlement to individual unemployability remains denied because the claimant has not been found unable to secure or follow a substantially gainful occupation..??? Did they just ignore the fact we put in for A&A?? Twice, denied the first time.. He was also deemed by the VA after a stint in the hospital to be put in a care facility (for good) instead of going home!!! (Over my dead body!!) Sheer HELL, then they KILLED HIM!! I am assuming all I have to do is get them to disregard the previous SSD I just don't know how to do that?? The other thing is, I have been trying to figure out is, "You can't get DIC Or ChampVA unless you are "100%". So why am I not "Just receiving TDIU.. There is all kinds of evidence that he was unable to work. His medical records, previous PTSD records.The VA's own volition. (Previously stated above paragraph..I did all the work for his PTSD claim and he was awarded the first time around and in a timely manner!) He got 70% PTSD with a 50% GAF. thats pretty obvious and by all I've been reading, Not easy to get!! ARE they just playing "DUMB"? hoping I cave or miss something so they can just dismiss the case.. It should have been automatic..... What am I ignoring or missing??
  13. Poopsy Woopsy

    Confused Not100% but get ChampVA

    different handles? you mean different areas? Sorry for the confusion.. Not real good at this. I know retro and accrued should be the same... my question is "How would He NOT get TDIU and the back pay owed because TDIU would make him 100% (Those were the pending claims we had in before his death) TDIU, Accrued, And A&A..In the mean time (waiting for them to process the claims pending. I get ChampVA..(I got ChampVA because our local Va hospital here was negligent and subsequently it resulted in the death of my husband...thus getting the ChampVA.) This just seems that it should be much simpler than it is turning out to be! it says you have to be 100% to receive ChampVA..???? So why isn't he?? and wouldnt "Accrue" follow getting the ChampVA because it was already "PENDING"??? We were originally trying to get him 100%TDIU (which should have been VERY easy). Instead they deny "Accrued" shouldnt you get TDIU and then they take care of the accrued from the time it was filed so thus getting accrued from the original filing date? I am also filing an NOD next week.. Im so sorry for the name confusion., eek! Yes worked real hard on the "Ship List" and got some numbers of where you should be able to attain that info but to no avail.. Im hoping that once I get his C-file it will just be in there. What the SSI letter said...the letter states "we considered the records from the Social Security Administration which show the veteran was considered disabled due to a back condition.The veteran was not service connected for a back condition. Additionally, the VA is not bound by decisions made by the Social Security Administration. "SO" I am assuming all i need to figure out is "HOW" to and what it is that would make them "NOT" take into consideration SSI. Please don't tire of me. I am trying really hard to get all the ducks in a row so they start making sense. To me and hopefully to you all. Thank you for your time and help.. It is still unbearable for me and can get overwhelming but I am determined to try till I come to the end of the road.. Thank you all Poopsy Woopsy
  14. I am at my witts end with confusion!! I have been denied "Accrued benefits" which should have come AFTER getting 100%. because of IU or TDIU. If I get ChampVA (I just read you have to be at 100% to receive it) why then wouldnt I have been awarded "Accrued benefits for ALL the time we were waiting on these claims to be done. How am I not getting 100% for allotment amount and accrued benefits for back pay on pending claims.. They said 1: they went off an old SSI claim which was way before all his medical trouble..which Should and could also be connected to his 70% PTSD. I dont know how to make the Old SSI irrelevant or not count towards his claims.
  15. Poopsy Woopsy

    tidlywinky

    my husband was 70% PTSD with GAF score of 50% Viet Nam Vet.. He was killed by the VA 41/2 years ago, and so I receive Pension on those grounds. But before "They killed him" we had 3 claims pending: Agent orange : (needed to prove in contiguous waters) They are denying AO because he was on a ship and a "Secret Mission" so very hard to get verification. (waiting on C-Files). Aid and Attendance : ( I took care of him for several years) A&A : Outright denial.. He was on oxygen, 80 pills a day and 5 shots a day.. I also have recorded (from another non VA hospital.. he could not take care of any daily activities. So why the denial.. We were denied twice before he died. TDIU : back pay since (at least) PTSD rating. Beyond, because of Gross negligence on the part of the VA (Not including conceeding his death) which has all been very well documented. WHAT I NEED TO DO NOW IS!! figure out how to remove an old Social Security claim. (back trouble, of which he was receiving care for at the Va) but it should not "Supersede" his claim for TDIU.. (of which we had not been receiving any monies for, for a very long time. I don't know how to move forward. How would I get it removed or make the VA not use the SSI to deny his Unemployability claim??? I don't think going to SS office would be beneficial because it has been a "Mute" point with them for a long time.. So I am assuming it would lie somewhere within the VA system. BUT WHERE?? WHO?? and HOW??
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