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Berta

HadIt.com Elder
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Berta last won the day on June 6

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About Berta

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    PLEASE post questions in the main Forums
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    Beautiful hills of NY andwidow of  2 vets, 2 HD each and mother of USAF vet-my daughter, 7 years Top Secret Intel
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    Capt Adoph Von Shell-interested in any info at all!
    German Commander (WWI)lectured to the US Army after the war on warfare-- PTSD - tactics etc-and Leadership
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    anything at all regarding Vietnam
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  1. gee I get double, triple posts when the winds hits my satellite dish-it is bolted down well but it is the vertex the wind makes inside the dish- Right , HBP is not one the AO presumptive list-but the IOM NAM report showed a "sufficient" nexus to AO. I do not suggest sending the Secretary a blank DBQ - I am just hoping some here will read the report, and use the info on page 7 of 716 pages: https://www.nap.edu/read/25137/chapter/2#7 And make sure that you give the citation for it. The report was done by the National Academy of Sciences, Engineering, and Medicine. NAP is just an abbreviation of the National Academy's publications. If your HBP has been deemed by VA in the past as "essential" you can make the same point I did-to the Secretary- 'essential HBP' means there is no known cause or etiology, but due to the NAP report , Vietnam Veterans now have a cause. A letter to Sec.Wilkie is not a claim. You need to file a formal claim.Many vet lawyers suggested filing those claims now-it is a good idea. The Secretary's office sent a copy of my letter to my RO. Two of my CUE claims have been referred to a different RO but the AO IHB CUE is still at my VARO and the letter, per their director. was put into my C file, because it could impact on the claim there that I have pending (maybe even on my 2 other CUE claims) Also a few lawyers I checked with seem to believe the Nehmer Court Order will kick in.Nehmer would have to be re written a little but I too believe it will, and will post here any news I get on that from NVLSP. If any incountry Vietnam Vet ( and even any Blue Water Navy who falls under the recent BWN AO news,and Nehmer kicks in for them as well) has had HBP rated but as a NSC disability in any past VA decision, that rating date could potentially be their EED for any future AO presumptives for HBP. There are more disabilities,( I listed them in the AO forum) that Sec. Wilkie is also considering. I am not familiar with the term Nippipal- My husband was with USMC and said they sprayed the jungles , from large planes ( 65-66) covering him and other Marines, during jungle maneuvers , with AO, and within day or two the whole jungle was Gone. Like him I bet those other Marines, by now, are gone too. What gets me is that the AO was to prevent cover to the enemy-but the enemy had plenty of tunnels and apparently there was no co ordination with the sprayers and where our troops were. Then again the Gov had no idea then, that AO was a weapon of mass destruction.
  2. I had only posted a summary here of the actual 716 page report, in our Agent Orange forum -which states: Hypertension (category change from Limited or Suggestive in Update 2014) And the change from that was this: “ There is sufficient evidence of an association between exposure to the chemicals of interest and the following health outcomes: Soft-tissue sarcoma (including heart) * Non-Hodgkin lymphoma * Chronic lymphocytic leukemia (including hairy cell leukemia and other chronic B-cell leukemias) * Hodgkin lymphoma Chloracne Hypertension (category change from Limited or Suggestive in Update 2014) Monoclonal gammopathy of undetermined significance (MGUS)(newly considered condition)” https://www.nap.edu/read/25137/chapter/2#7 SUFFICIENT for HBP !! In April I suggested that anyone who has a potential AO presumptive listed in the NAP report, to write to Secretary Wilkie and try to make a strong case for your disability and why it should become presumptive. Secretary Robert Wilkie Department of Veterans Affairs 810 Vermont Avenue Washington, DC 20420 I made, what I felt was a very strong case for why HBP, with sufficient evidence associating it with AO, should be a new Presumptive. I also made a medical argument for why any incountry Vietnam veteran who suffers from an Ischemic Stroke and who had been service connected for AO IHD, should receive presumptive status for the ischemic stroke. Ischemia of the heart can definitely cause ischemia of the brain, by all known medical literature. Has anyone here written to the Secretary about possible new presumptives?
  3. This is the case I have spent many months on- something I thought I would never do again---- I rewrote Brian's Bill for him ( then changed my mind and would not let them use it) because my Bill is better....and I hope Congressman Roe will support it.. And I found out new information from that article, last week -that was far different from what Brian Tally told me. This was and still is the most egregious violation of a veteran's rights I have ever witnessed and have some FOIAs out on it , one with the OGC. BUT, I asked one question for the last 7-8 months of his lawyer and Tally himself- with no answer- Did they check the info themselves , as to whether the doctor was a contractor and not a VA employee? It took me mere seconds at the VA Provider Site via the VA main wen site, tp learn the local Bath NY VAMC has 48 contractors diagnosing and treating veterans. When I filed FTCA long ago, I was only concerned about one of the many doctors who malpracticed on my husband, but found out he in fact was definitely employed by the VA. Something very strange happened in the Tally case.No doubt about it. I am not surprised because a lot of odd stuff went on when I dealt with the VA re: FTCA. But when I realised I was not given the Facts, I withdrew my support. I think the doctor was and still is a VA employee. Neither Tally nor his lawyer ever checked and I can't because I do not have her name. How it could have taken the OGC either 8 months, one site says 11 months,to learn she was a contractor , is an absolute piece of BS. But it allowed Tally's one year SOL in California to run out. There is far more to this than these multiple internet news articles since Oct 2018 reveal.
  4. This is one of ten pages involving Footnote One: https://community.hadit.com/topic/66483-footnote-one-nehmer-a0/ Many of us here were Footnote One claimants. I had to prove my dead husband's AO IHD "should have been coded" as it never appeared on any rating sheet at all (due to malpractice)- I assume you have checked the VA's AO Ships list from time to time and your ship was not on it. I suggest you check the Bill's co-ordinates and check them with your Deck Log co -ordinates. I also suggest that you extend some gratitude to the small group of people who made HR 299 possible. John Rossie is not a Blue Water Navy veteran.Carol Olzanecki is a Blue Water Vet's widow.She proved he had boots on ground years ago. Neither one of them had a dog in this fight. I got this email ( in part) from John a few days ago: "Berta, Thank you for your thoughts and words. Phase I is complete. You and HadIt.com played a role in this success, too. And as you indicate, now the work begins... now that we've gotten over the easy part! Thank you for your support every step of the way." I didn't have a dog in this fight either. I
  5. Well put GBArmy- "So heres food for fodder, has anybody thought about how far back is the VA going to go in calculating entitlements. " I have been involved in the AO issue since 1991. This was my first thought when, after years and years, by hard work of advocates, the bill finally passed.I was one of the first members of Blue Water Navy Vietnam Veterans Association.(John Rossie in the lead) If you read all of the topics here on this you will see that we do not know yet, whether Nehmer will kick in. "And I don't want to hear from the day I initially applied for AO ." That might well be your EED. "Back to Agent Orange Act of 1991.?????" Not a chance. If Nehmer And Footnote One kicks in, that means an EED under the new decision, will be the first time the AO disability was coded and rated as NSC on a VA rating sheet. If it was not coded and should have been coded, that also will be the first date for the EED, whe it should have been coded. You will have to read the information here on that-I will post it again.
  6. Forgot to add, and send copy of the IME directly to the BVA under the docket # they have assigned. This concerns me. "Now, in 2019, a new doctor said I do not have Crohns and no doctor can identify what is causing the loss of sphincter control hence their inability to treat it. I will have surgery for it" If they dont know the cause -what kind of surgery could they possibly do? Sorry for the pun but I think the "new" doctor had their head up their butt when they said you did not have Crohn's. I am sure you have googled Crohn's disease and learned that loss of sphincter control is often most definitely secondary to it- even the VA knows that , and that is why it is in the diagnostic code regulations, as in above BVA case.
  7. This fairly recent (2018 BVA decisions might help you determine how they should rate you: "The Veteran's service-connected disability is rated under DC 7319. Under DC 7319, severe irritable colon syndrome, with diarrhea, or alternating diarrhea and constipation, with more or less constant abdominal distress, warrants a 30 percent rating. Moderate irritable colon syndrome, with frequent episodes of bowel disturbance with abdominal distress, warrants a 10 percent rating. Mild irritable colon syndrome, with disturbances of bowel function with occasional episodes of abdominal distress, warrants a noncompensable (0 percent) rating. 38 C.F.R. § 4.114, DC 7319. Under DC 7332, for rectum and anus, impairment of sphincter control, a noncompensable rating is assigned for healed rectum and anus or slight impairment of sphincter control without leakage. A 10 percent rating is assigned for constant slight impairment of sphincter control or occasional moderate leakage. A 30 percent rating is assigned for occasional involuntary bowel movements or impairment of sphincter control necessitating the wearing of a pad. A 60 percent rating is warranted for extensive leakage and fairly frequent involuntary bowel movements. A 100 percent rating is warranted for complete loss of sphincter control. 38 C.F.R. § 4.114, DC 7332. " https://www.va.gov/vetapp18/files3/1813052.txt "Now, in 2019, a new doctor said I do not have Crohns and no doctor can identify what is causing the loss of sphincter control hence their inability to treat it." A "New doctor" being one who just got out of medical school? Was this a result of a C & P exam? If so have you googled the doctor to see if they had any ability at all to opine on this? "I will have surgery for it." What is the new diagnosis? "Can my active appeal be amended (it is on the docket) and make the loss of sphincter control a primary condition rather than a secondary condition instead of filing a whole new claim with a new effective date?" I certainly feel that, since your appeal is on the docket, you should try to obtain an IMO/IME- an independent review of your inservice SC, by a real doctor. I assume that would be a gastro endocrinologist.
  8. You need to get the decision and then scan and attach it here. Cover your C file# and name prior to scanning it. We need to see their rationale, and also the Evidence list. Maybe they didnt consider the IMO. " I do not have my letter stating why the denied it Im pretty sure its because of the VA's PA that half way did my C&P (5 mins) said that she believed it wasnt. " Do you have a copy of the exam? Are you sure a VA PA did the exam or a contractor from LHI, VES, or QTC? " It was I want to appeal but not sure what the best ave is to do so. Do I hire a lawyer (if so, who do you recommend)? Do I use DAV, VSO. I've seen someone say ask them to send to BVA. I'm at a complete lost as to what my next step should be. " The denial can determine the next step.Others will chime in.
  9. This is from a poster on my profile- "JaeNobe said: I was denied OSA claim secondary to Depression and Chronic Pain. I have an IMO from David Anise connecting it to my service related injuries and depression, Sleep Dr. put I my C-Pap was a necessity. I have a c-pap. Even, submitted the NIH Sleep Disorder study. I do not have my letter stating why the denied it Im pretty sure its because of the VA's PA that half way did my C&P (5 mins) said that she believed it wasnt. It was I want to appeal but not sure what the best ave is to do so. Do I hire a lawyer (if so, who do you recommend)? Do I use DAV, VSO. I've seen someone say ask them to send to BVA. I'm at a complete lost as to what my next step should be. "
  10. I was denied OSA claim secondary to Depression and Chronic Pain.

    I have an IMO from David Anise connecting it to my service related injuries and depression, Sleep Dr. put I my C-Pap was a necessity.  I have a c-pap. Even, submitted the NIH Sleep Disorder study.   I do not have my letter stating why the denied it Im pretty sure its because of the VA's PA that half way did my C&P (5 mins) said that she believed it wasnt.  It was I want to appeal but not sure what the best ave is to do so. Do I hire a lawyer (if so, who do you recommend)? Do I use DAV, VSO. I've seen someone say ask them to send to BVA.  I'm at a complete lost as to what my next step should be. 

    Any advise I would appreciate it! 

    1. Berta

      Berta

      I poste your wquestion in the Claims Research Forum.

  11. To add, counsel for petitioners has changed- "NOTICE TO WITHDRAW APPEARANCE OF CHRISTOPHER HIGBY AS COUNSEL FOR PETITIONERS In accordance with Rule 46(b)(1)(D) of the Court’s Rules of Practice & Procedure, Petitioners respectfully request that the Court withdraw the appearance of Christopher Higby as counsel for Petitioners. In support of this Notice, the undersigned states as follows: 1. On November 15, 2017, Christopher Higby entered an appearance in this case on behalf of Petitioners. 2. As of June 7, 2019, Christopher Higby will no longer be employed by Covington & Burling LLP and therefore will no longer be counsel to Petitioners. 3. Petitioners will continue to be represented by lead counsel Ranganath Sudarshan and the law firm of Covington & Burling LLP." (Source above US CAVC full case docket) As the court says this is granted in part and you have to read the full case and conclusion to understand why. I wonder if the VA will attempt to somehow fight this further- hope not- If you are in this class, it looks to me that so far you have to do nothing-under # 19, yet..... Then again VAROs were supposed to contact all veterans or survivors who fell under Footnote One Nehmer 2010 ....and they didn't. Many here, and me too, were never advised we had Footnote One claims- good thing we are smarter than the VA thinks!
  12. As you all know veterans can become a class ,and by certification,can file a class Action case against the VA. (Monk V. Wilkie- available here) Some veterans sure took heed on that recent and stunning decision and won this: "UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO. 17-4361 JAMES A. GODSEY, JR., ET AL., PETITIONERS," In part:(I only put the conclusion here- have not had time to read it thoroughly- but -are you a member of this class? This is what veterans have to do,in my opinion, to get better C & P exams- I wish I could file a class action on that basis for veterans- but I cant because I am not a member of the class- because I am not a veteran) "VI. CONCLUSION Upon consideration of the foregoing, it is ORDERED that the class proposed by the petitioners is modified consistent with this decision. It is further ORDERED that, pursuant to Rule 23(c)(1), the following class is certified for purposes of this petition: All VA benefits claimants who filed a Substantive Appeal at least 18 months or more prior to the date of this order and who are waiting for VA to initiate pre-certification review of their cases. It is further ORDERED that, pursuant to Rule 23(g), petitioners' counsel is appointed as class counsel. It is further ORDERED that, pursuant to Rule 23(g), petitioners' counsel is appointed as class counsel. It is further 19 ORDERED that the petition is granted in part. The Secretary shall conduct precertification review of all cases that fit within the class definition, and for each class member, within 120 days after the date of this order, either (1) certify his or her case, or (2) affirmatively initiate development or adjudication activities necessary for certification or resolution at the RO. It is further ORDERED that, within 60 days of the date of this order, the Secretary file with the Court a status update, which includes (1) the names and VA claims numbers for all members of the class; (2) the number of cases in the class that are still awaiting pre-certification review; (3) the number of cases in the class that have been processed in compliance with this order—i.e., certified or afforded additional development and/or adjudication by the RO following pre-certification review; and (3) any other information the Secretary deems relevant to his compliance with the Court order. The Court may subsequently order further status updates as necessary. See FED. R. CIV. P. 23(d). DATED: June 13, 2019 PER CURIAM." https://efiling.uscourts.cavc.gov/cmecf/servlet/TransportRoom?servlet=ShowDoc&dls_id=01205907937&caseId=97334&dktType=dktPublic There is One dissenting opinion added. (PS -This case holds a great template for Class Action certification, for any veterans who consider doing something like this. This is BIG!
  13. That is wonderful News!- Not wonderful to have PTSD but I am glad you succeeded.
  14. I agree-Those Voc Rehab records, if based on your SCs, are critical. Have you asked your DAV rep about filing a CUE as I suggested? Have you filed an IRIS complaint? Have you contacted the WH Hot Line? 1-855-948-2311
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