akwidow

I found out yesterday that I have my own C-File, even though I am not the veteran. I was talking to MOPH, who informed me almost by accident that I had my own file because I made the DIC claim, such file that is seperate and distinct from my late hubby's C-File... let's just say I went WOW. Have you members found this to be true? I asked the local rep to check and see if either of them is in Anchorage at this time, since my DIC case is before AMC in DC. I did ask about seeing my late husband's C-file on a trip to Anchorage not long ago, and VAMC told me the file was in DC with the case. They did not volunteer anything about their being two C-files in our family. Here is another thing the local MOPH rep told me. I had asked him to inquire as to the status of my claim. He said write to a fellow in the DC office, as he could go down the hall and ask for me. So I did, and the DC rep never responded back to me. The DC MOPH guy did respond to the local rep and told the local rep that he (the DC rep) could not get information because he was not up the totem pole high enough for them to give him any information. Have you guys heard of this? Or am I getting my leg pulled?

Does anyone know how many judges there are now after this addition?

Thanks for that citation - it helps me and surely many more.

we were actually trying to do a new Windows XP install on my terabite drive when the computer burped and corrupted my C drive; then my computer friend had to have knee surgery and of course my problems went on hold for a while. Thanks, Pete, for the advice. Still working out kinks, but am never giving up on my DIC claim and how the va screwed my late husband out of legitimate benefits. Onward and upward! Today I was helping a veteran friend who was one of the spit upon RVN wounded vets at San Franciscoin the late 60's. He was unjustly given a bad conduct discharge for his behavior while he was under the influence of the morphine while still on the tarmack of the airport. I have learned so much here....he is so messed up with PTSD still, and can't get any help until his discharge is changed to some kind of honorable... I asked him to let me see the papers his VSO filed to I can make sure he is headed down the right path. I know I care for him a whole lot more than his VSO does, and will work to get him the benefits he diserves.

bump

Way to go, kiddo!

two years from known, or should have known...sounds so ambiguous. How do you figure when "should have known" was? Cause my vet never knew, and now he is dead.

does a section 1151 claim have a statute of limitations and if so, what is it?

I am back online. Lost the c drive with all the bookmarks, but thankful that my data drive was left in tact with all my word and pdf research. It pays to save files on another drive.

hmmm, hope you get an answer soon, Jayq. Deal? sounds like a used car dealer....

so here is a good question - since my vet was in RVN, and since he had evidence of heart disease and DMII in his smr's and let's say he has never made a claim for AO exposure, can I as his widow make a claim almost 6 years after his death? let's say he did make a claim for AO with very ambiguous wording as to what or how many maladys are claimed, can I reopen it this long after his death?

still having computer problems, but looking for answers on another computer.

having computer problems. Thanks Berta; As I suspected, an eed for ptsd would only be possible by cue beause they did not consider all the evidence in their files in 2003 and the case is closed. I did not go after colon cancer as sc in my brief filed after remand as I do realize the colon cancer is not service connected. The verbage on the AO case is a mixed hat. In some places it says sc for cancer, in others it simply says sc for AO. This leaves the door open for other malidies related to AO sc...doesn't it? in any case it is closed, so a cue is the only option? He had heart and DMII symptoms in his smr's dating back ten years before his death and not mentioned in any soc for AO. I am not seeking AO as cause of death, but it certainly may have contributed with heart problems and MII as secondary matters, but not mentioned on death cert. I looked back in the file on his earlier claim for sc for asthma soc, and found that they only considered two years of smr's. I found and produced smr's or records they had from private doctors that they gave to me from 1975 through 2003 in my dic case.... the case is closed so nothing can be done except for a cue, correct? In my brief to AMC I talked about all of these claims...informally, but I did tell them shame on them for not granting his earlier claims as the proof was in their records which I gave to them at that time. My brief's main push was for the DIC claim. Mentioning the PTSD that was denied but present in the vet center counseling records that they got years ago was a way to show them they had the proof and did not consider it, nor give him a C&P in the 80's or the 90's ptsd claims. Tear gas issue - directly relates to ptsd and how long it has been around and how breathing problems are ptsd problems and health problems are ptsd problems. Asthma issue - tied to the ptsd (tear gas episode)and directly related to how long ptsd has been around - and how asthma and ptsd are interrelated and emotional attatched to each other. I pointed out at least 8 different ways his ptsd exhibited itself, and provided pictorial and documented medical records which were mostly in his smr's and not mentioned in soc or ssoc. The closest I came to an imo was statements from three physicians who I gave medical records to review; and a PhD psychologist who treated him in the 90's at the local vet center who said what a mess he was. Remember, I did all this before I found Hadit...

yes, you rock, Carlie, and if I ever get to a DRO hearing on my claim (again), I will do as you did...have it all in black and white, with copies for their files that I got from copies of their files....and the regs to support them. Way to go!

Thanks, Pete, I have had conversations here with Berta, and she is a gem. As I self educate and ask questions here, it makes me have more questions. For instance, I was just looking at code 38*.* and failed to find the answer I was looking for. But I will look more. pertaining to the Hadit problem Berta is trying to fix, what is it? If it is none if my business, please just say so and I will have to stay curious and not be offended. thanks, Akwidow

You did real well, and a late congratulations! I went back on your posts and figured out that you are a RVN widow like me. We also did not know about AO presumptive things, and unlike your husband, my vet's cancer was not AO presumptive to the best of my knowledge. Looking back on his medical records however, I found other presumptive condition symptoms. Did yours have a C&P for AO? As far as I know, mine never did. My claim is over 5 1/2 years old, and is at AMC after a deny and a deny and a remand. I did not have Hadit when mine died, but did ask and was granted by our private doctor to have the death certificate amended to show secondary cause of death as his sc ptsd. VA does not like that , of course. Right now I am trying to find out whether or not his not having a C&P for AO is something I can do somethng about at this late date, and waiting for an answer on my DIC claim, among other things. Thanks for your reply, and your help. BTW, I got a Toyota after he died...needed something reliable and 4WD up here in the Greatland. Akwidow

I really appreciate all the brains beheld by all the members here who have worked so hard and memorized or bookmarked pertinent data for the inquiries posted on this forum. I don't expect anybody to do anything for me, I realize I am responsible for myself. So if my previous posts were construed as otherwise, I apologize. These are my basic questions. I will gladly look up the answers if I have a clue which regulation to look at...and I need your help. Is there a cut and dried regulation relating to C&P exams being automatically assigned before the VCAA act? Is my only recourse a cue for the issues that my late husband applied for and was denied, since I did not reopen the claim(s) within one year of his death? Since he opened an AO claim in 2003 and did not recieve a C&P and was denied (yes, I found symptoms of presumptive heart disease and DMII in his SMR's), and I did not address the issue within a year of his death, is my only option a cue? Does a 1151 claim need to be insitgated within one year of the vet's death? Thanks for all your time and dedication to ths forum. I hope someday to have enough knowledge to help another vet myself some day. Akwidow

CJ, are you still waiting for an answer? I am also waiting, my case is at AMC in DC. Where is yours?

Yes, that was Sarah Palin, who gave up her office you know and is now doing who knows exactly what besides writing a memoir and talking to foreign businessmen about money.... Sean Parnell is now our Governor. I hope this post does not break the rules...

It was not for me or mine...I thought the news was worthy of this forum, however. And I agree - sometimes :) things take way too long with the VA....

I also had aches and pains from taking a statin - so I stopped. Instead I started taking a chinese holistic med - "Red Rice Yeast", which my aunt takes for her cholestral. Her heart doc says it is good, and to take it with her other heart drugs. Lucky me all I have is high cholestral, which I figure will kill me with a strike to the heart. Better than withering from cancer, in my opinion.... Do your own due diligence on the RRY before you take it. Akwidow

He was not diagnosed with DMII before he died,and it was not on his death cert. I found symptoms of DMII in his VA med records after reading your earlier posts about your own cases. He had counseling records with diagnosis of ptsd in the 80's and 90's, and the VA got those counseling records and denied him both times. The VA send me a vcaa letter with the remand. I had already sent in a brief with medical documentation long before I got the VCAA letter. Just to make sure, I sent another copy of everything after the remand was a year old, and this was also before the VCAA letter for the remand. his cancer was not an AO presumptive item - it was colon cancer...adenocarcinoma. AO and PTSD are old denied claims that I never took action on...just told VA they were wrong and included evidence as to why they were wrong with the remand packet I sent. I did sent in another statement telling VA to cue themselves for these old issues. This document was sent over a year after the CAVC decision and before I received the VCAA letter. No, I am not sure they have information I sent even though I sent it twice, as I have not asked for a copy of the c-file yet. They did have the counseling records, as they sent them to me! I included them in the aforementioned remand packet, all documents which I send cert mail return receipt, and the cue paper I hand carried to the RO and got a date stamped copy.

Yes, that is the correct remand. it is going to take me a while to answer all of your questions, but this I can answer - The appellant's December 2007 correspondence further raises the issues of entitlement to service connection for asthma, and a higher rating for service-connected post-traumatic stress disorder (PTSD), both presumably for accrued benefits purposes. These claims, however, are not currently before the Board. See 38 C.F.R. § 20.200 (2007). Whereas these claims have not been adjudicated by the RO in the first instance, to include the question of whether they were timely filed pursuant to 38 C.F.R. § 3.1000© (2007), they are referred to the RO for appropriate development and consideration.” Did you file these 2 claims within one year after the veteran's death? BVA is presuming these were accrued benefit claims and therefore they must have been filed within one year of the veteran's death. it says these claims have not been adjudicated in the first instance....where do they think I found these claims? Do they mean my initial DIC claim? Do they mean the claims for AO and PTSD were never before the RO ever? Or were never filed at all? The ambiguous structure of the statement now starts to confuse me... Other than the fact that I feel they committed CUE in the 80's and 90's PTSD claims, I don't know if I claimed asthma and ptsd for accrued benefits until I look back at my early filings. The fact that they ignored the 2003 AO claim and did not do a C&P before denial is also in the forefront of my things to do list. Thanks, Berta, I'll be back

Thanks Carlie, and congratulations on your second emergency accident kit! B) I did figure something out since I started this topic. Thanks to WIngs and Hoppy, I realized that the 2003 AO claim that my late husband filed and was denied in 2003 was done with no C&P being performed...which I was shown viololates VCAA. Since I found undiagnosed DMII and heart trouble in his VA med records, I plan on filing a 1151 which includes the violation of the VCAA by the VA. I still have those other questions though in my original post, and hope someone smarter than me about these issues can point me in the right direction to getting the answers I need to proceed. Thanks, Akwidow

hmm. It's amazing how light bulbs go off. I just realized that there was never a C&P for AO, which my late hisband also filed for and was denied in 2003. I found evidence of undiagnosed heart disease and DMII in his VA medical records. I guess I better do something about that too. Thanks again for all your work and wisdom.