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qrdgv2tebc

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Posts posted by qrdgv2tebc

  1. Patrick- my whole point on VCAA Gate- I call this a major scam to veterans-and suggest others write- as I did to:

    Chairman Larry Craig

    U.S. Senate Committee on Veterans Affairs

    412 Russell Ave

    Senate Office Building

    Washington, D. C. 20510

    Tell Senator Craig exactly what you told us here- send your VARO director a copy of this letter-

    The VCAA prohibits a valid claim to be denied without proper VCAA Notice and Election form.

    Also the VCAA notification must be specific as to what you need to succeed.

    Cite Pelegrini V. Principi, 18 Vet App 112 (2004)

    the VCAA itself,

    and 38 USCS Section 5103 (a)

    Ask the VARO VSM to CUE their past decisions on your claim due to precedural defect and error ,causing you

    to receive a prejudiced decision.

    Later today if I have time I will post a CUE sample letter for vets to send VAROs if they did not receive VCAA letter and election stuff.

  2. Patrick- my whole point on VCAA Gate- I call this a major scam to veterans-and suggest others write- as I did to:

    Chairman Larry Craig

    U.S. Senate Committee on Veterans Affairs

    412 Russell Ave

    Senate Office Building

    Washington, D. C. 20510

    Tell Senator Craig exactly what you told us here- send your VARO director a copy of this letter-

    The VCAA prohibits a valid claim to be denied without proper VCAA Notice and Election form.

    Also the VCAA notification must be specific as to what you need to succeed.

    Cite Pelegrini V. Principi, 18 Vet App 112 (2004)

    the VCAA itself,

    and 38 USCS Section 5103 (a)

    Ask the VARO VSM to CUE their past decisions on your claim due to precedural defect and error ,causing you

    to receive a prejudiced decision.

    Later today if I have time I will post a CUE sample letter for vets to send VAROs if they did not receive VCAA letter and election stuff.

  3. received VCAA letter after dinial on PTSD, VA states that they sent VCAA letter asking me me for anymore evidence i have for them. but brfore they sent out the VCAA letter to me they already made a decision on my claim, they claimed i did not answer there VCAA letter. this is how the VA works, they did not mail the VCAA letter untill they made a decision on my claim. stating i never returned the VCAA letter with anymore evidence. but i received the denial first and then the VCAA letter asking for evidence. s0omething is wrong herer

    Patrick

  4. received VCAA letter after dinial on PTSD, VA states that they sent VCAA letter asking me me for anymore evidence i have for them. but brfore they sent out the VCAA letter to me they already made a decision on my claim, they claimed i did not answer there VCAA letter. this is how the VA works, they did not mail the VCAA letter untill they made a decision on my claim. stating i never returned the VCAA letter with anymore evidence. but i received the denial first and then the VCAA letter asking for evidence. s0omething is wrong herer

    Patrick

  5. Well, I'm not Berta, so y'all excuse me for butting in, but, I wouldn't get all stressed out about it. You are TDIU and even if you weren't you still seem to have enough % to remain at 100%.

    I'd just do as your SO has said and send in the letter each month until the VA gets tired of seeing them and does something, if for no other reason than to ease your mind about the situation.

    just my $.02 worth

  6. Well, I'm not Berta, so y'all excuse me for butting in, but, I wouldn't get all stressed out about it. You are TDIU and even if you weren't you still seem to have enough % to remain at 100%.

    I'd just do as your SO has said and send in the letter each month until the VA gets tired of seeing them and does something, if for no other reason than to ease your mind about the situation.

    just my $.02 worth

  7. Hi Berta

    When my PTSD was served, my CRSC stoped, and i started to to get CRDP because i still had anough % to be at the 100%, VA, Manila told me they already inform DFAS of the change, and DFAS also informed me. as fas as i know BVA has not receivec my file yet. the reason my my BVA hearing was cancelled is because they said that the BVA would not be in Manila untll 2007.

    Why would VA, Manila sever my PTSD, and not tell me it depends on BVA Appeal. why did they stop my monthy visits with my doctor, if it was on appeal.

  8. Hi Berta

    I am finally able to get on hadit, My VSO in Wahington,[DAV} his name is James Mack. a couple of weeks ago he ask me what claims i had going to the BVA, i told him for Barrett's Esophagus and a heart claim and PTSD. i told him i received a letter in 2003 from VA, Manila stating that they were going to sever my PTSD due to error of the adjudicator who took care of my claim in 1997, Va Manila call a Cue on themselves, i had a hearing in Jan, 2004 and i presented evidence in the form of letters from family and friends and i fill filled out stresser questionaire, so all through 2004 i was ask for more evidence, i gave them more evidence. finally in 2005 i received a letter stating that my PTSD was served, i fild a NOD, and we went through all the SOC's and SOCC's and they sent me a form #9 i filled it out sent it in, i ask for a traditional hearing at the BVA, because that was what James Mack told me to do. and as i said he sent me an e-mail about three weeks ago asking me why i was putting in a claim to get my PTSD back, that my PTSD was never served. that as far as VA, DC is concerned i am still S/C for PTSD. i told him that can't be becaue i have the letter saying it was served. and my LOA's to see my Head doctor has stoped. Now while all of this was going on i had put in for an increase for my Arthritis, received the increase for my Arthritis of all joints and they approved my claim for Carpal Tunnell and Headeachs.

    Now everytime i go to OPC, in Manila, that paper they give you, with all your disabilities on it, it still has me down as S/C for PTSD, i told the lady aat the clinic to get this corrected. she calls me and tells me, no where at VA, Manila does it say my PTSD was servd, so i dont know what is going on.

    The letter dated July 19,2005 that states that my PTSD was severed, also states that .

    Please be advised that this decision will have no effect on your monthly benefits since you hav been in receipt at the 100% rate since enitlementto individual unemployybility was established from May 9, 2000 to Dec, 14, 2004 when your combined rating evalution total 100%. you will continue to receive benefits at your current monthly rate of $2.523.00.

    and my recent increace for Arthritis exceed the 100 % for Arhtritis, for Arthritis alone combined is 280%. and now the Va is giving me walkers and wheel chairs and shower chairs.

    Now Mr. James Mack is telling me the VA system does not show that my PTSD was served, he want me to send a letter every month to VA, Manila stating that "YOU WAIVE ORIGINAL JURISDICTION REVEIW AND ASK THAT MY CASE BE SUBMITTED TO THE BOARD OF VETERANS APPAELS FOR AN INDEPENDENT REVIEW OF MY APPEAL, he want me to sent this statement every thirty days, untill i received a letter from the BVA saying they have my claim folder.

    This is getting a bit confusing.

    Patrick

  9. Patrick- are you still getting VA comp for PTSD?

    As I recall the VA cued itself as they erred on a past decision to award you PTSD-

    They said it was due to having no proven stressor-at that time I did all I could to find evidence you could use- and I

    am at a loss as to what else you could do on the PTSD claim-

    The email you got from your VSO-in DC - I forget his name- I contacted him in your behalf years ago-

    that other email yu mention from him was from last year right?

    What has your VSO said lately on all this?

    Why did they (BVA) cancel your hearing in Manila?

  10. Patrick- are you still getting VA comp for PTSD?

    As I recall the VA cued itself as they erred on a past decision to award you PTSD-

    They said it was due to having no proven stressor-at that time I did all I could to find evidence you could use- and I

    am at a loss as to what else you could do on the PTSD claim-

    The email you got from your VSO-in DC - I forget his name- I contacted him in your behalf years ago-

    that other email yu mention from him was from last year right?

    What has your VSO said lately on all this?

    Why did they (BVA) cancel your hearing in Manila?

  11. :rolleyes: : To all

    I would like to know if this has happened to anyone else.

    I was to go before BVA in Manila in JULy got a call fron the VA, they cancelled untill next year.

    \MY claim were for Barrett's Esophagus and and reture of my PTSD that was served in 2005. a couple of day later i received an e-mail from my VSO in Washington asking why i had a claim in to get my PTSD back. he is telling me it was never severed as far as VA, Washington is concered i am still S/C for PTSD, it was never served, but i have a letter frim 2005 stateing that my PTSD was served. has this happened to anyone else, would like to know.

    Patrick

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