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Commander Bob
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Posts posted by Commander Bob
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Happy Birthday, USMC HVEQ
Cmdr. Bob
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Dear morgan ,
I just wrote the Chairman of the Senate Veterans Affairs Committee about you and the VA DIC computer errors.
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Dear Honorable Senator Akaka,
I am concerned about my wife's DIC payments after I die. I am a former resident of Hawaii. I write you today as a combat wounded Vietnam veteran, recovering from cancer treatments and surgery. While putting my affairs in order, I came across a veterans website posting which brings me to you today.
I read this veteran's widow's posting on Christmas, . ...I have come to Hadit this time with a broken heart. My kind and sweet husband of 27 years died last Friday. ...
Saturday, January 3rd, the widow wrote, ...I was glad to see that VA had deposited his payment as usual for the month of his death. Auto payments were due to post in a few days -- and..... But late yesterday afternoon, VA withdrew the entire deposit. I'm wondering how VA could withdraw the entire amount.
Reference is made to the "Honolulu Star Bulletin," Dec. 20, 2008.;
<H1 id=storyTitle>VA to fix spousal-payment glitch</H1>"A Maui widow's plight highlights a computer error that wrongfully denied certain benefits
POSTED: 01:30 a.m. HST, Dec 20, 2008
****The Department of Veterans Affairs will begin issuing retroactive payments this month to eligible surviving spouses of war veterans who have been wrongfully denied up to millions of dollars in government benefits over the past 12 years. The problem was pointed out to VA director James Peake last week by Sen. Daniel Akaka, chairman of the Veterans Affairs Committee, after the Hawaii Democrat received a complaint from Ruby Sasaoka of Kula, Maui, who was told by the VA that she wasn't entitled to her husband's last pension and disability check of $2,669.
Her husband, Raymond Sasaoka, died last December and she had used his last VA check to pay for funeral expenses. He had served in the Korean War as an Army corporal and suffered from post-traumatic stress disorder and hearing loss.
In January, the VA told Ruby Sasaoka to return the money and nine months later the U.S. Treasury took the money out of her checking account.
However, Congress passed a law in 1996 giving veterans' spouses the right to keep their spouses' final month of benefits.
But the VA never updated its automated computer systems, which sends out checks and notification letters. As a result, spouses were either denied the final month of payment or asked to send the checks back. If the checks were already deposited or spent, the U.S. Treasury moved to seize the money directly from their accounts.
"This flawed practice has caused serious hardship for many widows," Akaka said last week. "Now that this problem has been brought to light, I trust that surviving spouses will receive the benefits they are due."
Based on Akaka's inquiry, Peake established a special task force to identify and pay the beneficiaries who never received the benefit or were inadvertently required to repay the money issued for the month of a veteran's death.
The task force is reviewing VA's payment records for veterans who died after Dec. 31, 1996, and who are survived by a spouse. The review will identify those to whom VA owes retroactive benefits for the month of the veteran's death.
Because there are deceased veterans for whom VA does not have marital status information, a special Survivors' Call Center has been established for spouses who believe they may be entitled to this retroactive month-of-death benefit.
Surviving spouses are encouraged to contact the Survivors' Call Center at (800) 749-8387, Mondays through Fridays. Inquiries may also be submitted through online at www.vba.va.gov/survivorsbenefit.htm.
Akaka's committee estimates that 50,000 surviving spouses each year since 1996 could be affected, based on VA numbers. Out of that 50,000, some spouses might have received the payments they were due if they called the VA at the time to inquire about their rights.****
It is arrogant of the bureaucrats responsible for correcting the problem, to have failed you and the widow, whom I don't know. VA director Peake needs to be brought before the Senate Veterans Affairs Committee and be chastised for his slow action to your comments to him. It also makes you look easliy beguiled by those you are burdended to oversee, and if I may be blunt... ineffective as a leader. What are you going to do about this?
Again, I am concerned about my wife's DIC payments after I die.
Yours truly,
xxxx xxxxxxxxxx
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A VA computer glitch stole your money. They will replace it soon. The director of the Department of Veterans Affairs is aware of such problems. I think it is arrogant of the bureaucrats responsible for correcting the problem, to have failed you. VA director Peake needs to be brought before the Senate Veterans Affairs Committee and be chastised for what he did to you. The buck has to stop somewhere. If Peake and a few of his cronies went to jail for 30 days or so, I'm sure he would fix the problem instead of giving the Chairman of the Sen. VA Committee lip service.
Here is an excerpt from the Honolulu Star Bulletin,Dec. 20, 2008.
"December 20, 2008 - The Department of Veterans Affairs will begin issuing retroactive payments this month to eligible surviving spouses of war veterans who have been wrongfully denied up to millions of dollars in government benefits over the past 12 years.
The problem was pointed out to VA director James Peake last week by Sen. Daniel Akaka, chairman of the Veterans Affairs Committee, after the Hawaii Democrat received a complaint from Ruby Sasaoka of Kula, Maui, who was told by the VA that she wasn't entitled to her husband's last pension and disability check of $2,669."
Again here is a link to the newspaper article
http://www.veteransforcommonsense.org/articleid/11945%20
Call your congressman"s office and refer them to this article ask for help. This is so not right!!!
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I can not get the kodak gallery which is available on their website to download. It shows the icons but will not accept the download. I spoke to kodak customer service and they could not help me and finally told me the camera I have has been discontinued. The camera is a wifi camera that will email photos directly from the camera. Can anyone tell me how I might get the download to take
Thanks rdbug57@aol.com
Does it cost you anything$$$ to email the photos to your own email address and then save the photo attachment in a photo file? When my roxio photoshop type software crashed, I was able to email myself the photos I had stored there and save them in a photo file. There has to be a better way.
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Morgan-your vet rep isnt up to speed.
The VA's illegal practice of withdrawing the last comp check after a vet's death was recently uncovered and the VA web site shows what I mean:
I think there is a special toll free number there to call-
for affected survivors.
I only hope they send this comp check as fast as when they withdrew the amount.
SSA on the other hand was able to readjust my check right away and the SSA check that my daughter got.
I think they paid 3/4s of the SSA payment that my husband got to me as the survivors benefit.
Oddly enough they also checked my other deceased husband's account to determine which one was the highest account.
I think they might have info at their web site as to how they determine a survivors SSA amount.
I know how that feels to see the VA take comp from a checking account so fast- they are not allowed to do this anymore to the veteran's comp for month of death.
Also I dont know if there were any children involved on his SSA account in your case.
I have yet to meet any vet rep who understands the REPS Benefit.
I am posting a brief REPS topic-maybe it will help someone out there-
Thank you Berta
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"Surviving spouses are encouraged to contact the Survivors' Call Center at (800) 749-8387, Mondays through Fridays.
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I'm so sorry to hear about this...
I remember reading where a widow could keep the veteran's last comp check. I couldn't find the reg., however here is a link to some info on that. http://www.veteransforcommonsense.org/articleid/11945
Do you have someone close by to help you? Can you withdraw money from elsewhere to deposit in the checking account today, due to the automatic bill payments that you said will post next week. Go to the bank now, or at least call them, and tell them what happened to your deposit. If you do not have enough deposited money to cover the automatic withdraws coming up, maybe the bank can stop payment on the automatic bill payments, before you accumulate bounced check charges also...
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In sep 08 I was granted 70% sc. 50% ptsd,10% left ankle, 10% left knee, 10% right knee.
Happy New year Mike. Did the VA mention anything about a "Bilateral Factor" for both knees in the award letter.?
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TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF
CHAPTER I--DEPARTMENT OF VETERANS AFFAIRSPART 4--SCHEDULE FOR RATING DISABILITIES
Subpart B--Disability Ratings
4.129 Mental disorders due to traumatic stress.
General Rating Formula for Mental Disorders:
Total occupational and social impairment, due to such symptoms as: gross impairment in thought processes or communication; persistent delusions or hallucinations; grossly inappropriate behavior; persistent danger of hurting self or others; intermittent inability to perform activities of daily living (including maintenance of minimal personal hygiene); disorientation to time or place; memory loss for names of close relatives, own occupation, or own name....................... 100
Occupational and social impairment, with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood, due to such symptoms as: suicidal ideation; obsessional rituals which interfere with routine activities; speech intermittently illogical, obscure, or irrelevant; near-continuous panic or depression affecting the ability to function independently, appropriately and effectively; impaired impulse control (such as unprovoked irritability with periods of violence); spatial disorientation; neglect of personal appearance and hygiene; difficulty in adapting to stressful circumstances (including work or a worklike setting); inability to establish and maintain effective relationships........................... 70
Occupational and social impairment with reduced reliability and productivity due to such symptoms as: flattened affect; circumstantial, circumlocutory, or stereotyped speech; panic attacks more than once a week; difficulty in understanding complex commands; impairment of short- and long-term memory (e.g., retention of only highly learned material, forgetting to complete tasks); impaired judgment; impaired abstract thinking; disturbances of motivation and mood; difficulty in establishing and maintaining effective work and social relationships........... 50
Occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks (although generally functioning satisfactorily, with routine behavior, self-care, and conversation normal), due to such symptoms as: depressed mood, anxiety, suspiciousness, panic attacks (weekly or less often), chronic sleep impairment, mild memory loss (such as forgetting names, directions, recent events)........................................... 30
Occupational and social impairment due to mild or transient symptoms which decrease work efficiency and ability to perform occupational tasks only during periods of significant stress, or; symptoms controlled by continuous medication............... 10
A mental condition has been formally diagnosed, but symptoms are not severe enough either to interfere with occupational and social functioning or to require continuous medication..................... 0
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I`ve had 3 pet scans since Jan 06...Last one was 8 weeks ago...I`m also checked every 6 weeks now...still clean, but as you know, we never know...
I was past my year, but I read in denial that we can still appeal if we find evidence that proves decision was wrong. Cavman
Are talking about a CUE?..... doubtful
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Hi jessejames, I think we jumped over here, from the other PTSD topic post. ( Ptsd But Can't Prove Stressor, Need some help on this one ) I follow you though. This is the same vet your helping. He is lucky to have a good friend like you.
I reread your posts. I noticed the vet had a rank of sp4, a technical slot, in an eleven bravo world. What was his job in the Infantry? No problem. a RTO could be sp4 instead of a corporal in an infantry unit. I'm just trying to get a handle on the reason for no CIB on his DD215. You said the records came from the VA, not the NPRC. The vet has to request the Brigade and company journals and daily logs for his stressor period from the NPRC himself, via you, or through his congress rep. From what you presented, he earned the CIB, and should be presented it by the Army. I know a service ribbon or medal and 25 cents won't get you a cup of coffee, these days, however, he needs to set the record straight, as well as sc comp.
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Ah, yes. "The smell of napalm in the morning" The movies thrive on combat.
However, falling off a duce and a half with a CIB, in a combat zone does not justify combat PTSD. It does litter the path to a timely rating though.
Happy New Year All,
Cmdr. Bob
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Thanks Berta for your response.
Congratulations caveman on a clean Pet scan. I am glad to hear that you are keeping on top of it and following through with the check ups. Where did you receive your treatment?
Berta is correct about the Agent Orange settlement.... IMHO, The vets, with the help of incompetent council, gave away the farm, a long time ago with that $180.million dollar, "dog and pony show". If you can find a loop hole with a law suit, please tell us about it. IMO, you won't find one.
It sounds like you let the time run out on your A.O. NOD. Sorry. I searched out the BVA cases that you mentioned as well as the one Berta posted, till I am crossed eye, and cannot find a connection between squamous cell cancer and an approved VA AO claim. In my NOD, after I get my VA denial letter, I will introduce what I call the Agent Orange Kool Aid evidence, as well as other evidence to link squamous cell with the ingestion of dioxin, as well as unique evidence to my AO appeal. We owe it to our widows to keep our claims alive long after our deaths due to the criminal actions of our Gov. and the use of AO. Reopen your AO claim, somehow caveman. I am tracking down a lab in Europe, that measures dioxin in the fat tissue. Here in the States, there is a cheep bogus blood test that can be performed. However it's not worth the paper its printed on. Please tell me more about the side effects you are experiencing. Did you have chemo, or surgery also? I need to have my 6 month check up, but wanted to wait till after the holidays for the new PET scan. I lost 50 lbs. and can't seem to gain it back or thrive in the way I anticipated, this far along. I'll know the score soon.
Happy New Year All,
Cmdr. Bob
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You should be commended for you service in helping out this vet, jessejames. Good to see that you kept his claim alive with the timely NOD. His "light weapons infantry MOS", his Vietnam service, his unit citation, his stressor letter and the new PTSD rules you provided here proves his prima facie case. Did he receive his DD215 yet? Where is his CIB???? Or the daily morning reports or brigade daily journals that the Senators' staffer should have requested?. Does he remember certain days and incidents that would be helpful to locate his unit in Vietnam? I'm surprised that after serving in the war zone for a full tour with an Eleven Bravo MOS, that he never received a CIB. That is an insult that just adds salt to his wounds. My most prized medal in my collection is my CIB. Good luck with his claim. please keep us posted on this one
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I was diagnosed with Stage 4 Squamous Cell Carcinoma in the right tonsil and had spread to nodes in fall of 2005 I may one day sue to be paid from the first day they sprayed us.
Cavman
Who would you sue?
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I`ve been gone a long time Berta. You and others helped me so much back in 2005 & 2006. I filed for PTSD and Agent Orange in 2005. I was awarded 50% PTSD and denied Agent Orange because my tonsil cancer wasn`t on presumptive list.
Has the cancer ever came back. when was your last PET scan?
Did you file a NOD for the AO cancer within one year from the date of your original denial of the AO?
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I`ve been gone a long time Berta. You and others helped me so much back in 2005 & 2006. I filed for PTSD and Agent Orange in 2005. I was awarded 50% PTSD and denied Agent Orange because my tonsil cancer wasn`t on presumptive list.
"My cancer was Stage 4 tonsil cancer that had spread to lymphnodes. The radiation burned my saliva glands up and my tongue so that I have no saliva or taste for life. Also burned hair off the back of part of my head for life and many mental issues." ]
Caveman,...I too had metastatic upper respiratory cancer that spread to a lymphoid and a tonsil. I was diagnosed with a squamous cell carcinoma. What kind of cancer did you have? Did you get your taste buds back yet? How long ago did you finish your cancer treatments? I have the same side effects as you, .
The radiation also fried my thyroid. How about you? ... Amazing experience
What do you think Berta? Could this be new to the AO list? I can't find it. I was just waiting around for the VA denial letter.
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Personally, I believe that any veteran of a war has at least some symptoms of what is now referred to as PTSD. My father, a decorated WWII B-25 pilot,
Same here Chuck, Pete53, My Dad served with Patton, in WWII, USAF in Korea, and TDY in French indochina in the mid 50's. He never knew he had PTSD. He never talked about it. We never knew. They were an amazing generation, raised during the great depression, tempered by a world war, They suffered in silence, died unsung heros and many misundertood by their own children.
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Again, Welcome aboard Tankerjoeo. Now drop and pump out 20...LOL.
Obsessing about an upcoming C&P exam, especially during the time between the notice of the exam and when you finally get the C&P exam, appears to be a normal reaction to such an event. I've been there and done that. I felt relief immediately after the exam, on the way home from the VAMC. It was amazing how I felt a weight lifted off my shoulders, to have that part of the process over. That was November 29th. No matter if the exam was good, bad or ugly, you will have some relief just to have it over. Well, that was my experience, anyway. ( note: Rule #1, don't yell at the C&P examiner )
You write well here, and should be able to relate that to the PTSD C&P examiner. Have you already submitted copies of all the USMC records of your stressor & event, to the VARO??? I even submitted my Brigade daily reports & logs of the day I was wounded, with my PTSD claim. Like you, I tried to run through a mine field, but I only made it about half way. It also sounds like you were bounced around in that tank like a ball in a pin ball machine. TBI carries some of the same symptoms as PTSD. You can read about the different ratings for the different %s for PTSD. At the 100% level that you mentioned, would require you to be unemployable. Just look around Hadit for other PTSD postings, you will find the list. Again, Knowledge is power. Power & knoweldge is your ticket to freedom.
Good Luck Marine. Stay in touch, your story is a good read. We are on your side, Bro.
Cmdr. Bob
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No good deed goes unpunished. I admire you guys... Cmdr. Bob
Hang in there TANKERJOEO . Your upcoming C&P exams will be over soon enough, and then you will have that behind you. You explained your situation well here. I'm sure you will do well at the exam. Spend some time reading the other posts here. You'll learn a lot about what to expect. Knowledge is power. You will also get to know that those who were the first to respond to you will be your greatest source for relief and answers here on the good ship Hadit. Good luck
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I posted a question in "How to do it" several days ago regarding my helping a WWII Vet get SC for hearing loss. His ititial claim was denied in March '07 but we have filed a NOD and it appears after his latest audiology test (Nov '08) he will be granted SC.
Congratulations clink. Better late than never.
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Hi cornelia, In October, you mentioned a CUE. Did you raise the question of a clear and unmistakable error to the VA? What was the error made by the VA? Were you just doing a little research when you inquired about that? Just trying to help. Wishing you a sucessful New Year.
Cmbr. Bob
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The regional office has my military medical records. Actually the VA Hospital is closer to 75 miles away, I have my own Orthopedic Surgeon close to where I live and he wants to open up my knee but doesn't know if it will help any due to the chronic condition.
I've also went thru the VA's BVA sight and there seems to be a million cases in there about knee problems. I'm still waiting for a decision from the VA on my claim.
Happy New Year To All!
You mean your local doctor wants to do orthoscopic surgery, don't you? Why would you let a Doc open up your knee? I have had many procedures done on my knee. Back in the old days, the ortho docs would filet a knee and leave you with a five inch scar, as well as residual problems.
Cmdr. Bob
Va Glitch Causes Dic Widow More Grief.
in DIC
Posted
"... and for his widow, and for his orphan"... Abraham Lincoln