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Berta last won the day on May 10

Berta had the most liked content!

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About Berta

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    PLEASE POST questions in the MAIN FORUM
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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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  1. Perhaps they are looking for a C & P examiner who has credentials like Dr. Bash's. They probably will not find anyone like that at VA to do another C & P exam. But they seem to be trying. My situation was different. What VARO is this? I might have contact info for their director and their VSCMs and I can post that info here.
  2. Only the BVA can dismiss a CUE without prejudice to refiling it. I hope I made that point clear. If it is denied at the RO level it can be appealed and get to the BVA. The mistakes claimants make in CUEs is evidence in those BVA decisions. The legal errors the VA makes have to be prime facie errors- meaning so obvious that anyone could see the error- if they know VA case law. and the regulations at time of the alleged CUE. As Fat mentioned if there is no manifested outcome ( meaning the rating would have to be more than '"0", if it was a diagnostic code error or any other
  3. I would be cautiously optimistic about the 1151 , since they are going to rate the residuals. But the RO can sure pull some crap on 1151ers. If you have a strong IMO/IME, that is the best way to succeed under 1151 .
  4. You did very well in helping your husband get those awards, and we have all learned that POAs often do very little to help with a claim. If many of us were told not to rock the boat, we would have never succeeded in our claims. CUE is a very specialized claim. If the RO denies a CUE, it can be appealed to the Board of Veterans Appeals. The BVA will deny it,and grant it, or dismiss it without prejudice. This claim is an example of a dismissed claim: "The Veteran has listed at least two separate contentions regarding CUE in the April 16, 2010, rating decision and has fai
  5. It means ,if they grant the 1151 claim, they will rate the residuals of the 1151 medical errors and pay compensation for them. The residuals are those disabilities you didn't have before the surgery or VA medical error , that are directly due to VA's medical error. I helped a local vet get 1151 at 100% P & T. VA had diagnosed him with nonservice connected hemorrhoids and they got worse, and very painful so they sent him to a different VAMC, where he was properly diagnosed- with stage 4 colon cancer. He had No hemorrhoids. He will need to use a colostomy bag for the
  6. "I really want to talk about discrepancies in the 2011 C&P Examiner’s report for MDD/Anxiety, to get your input, but including it in the post wood make things too confusing, so I am going to stop here." I have already given my input here on the 2011 decision. You seem to be dealing with your own medical issues and I hope the surgery goes well for you. The POA on the recent awards can be contacted here: https://www.milvets.nc.gov/contact-us https://www.milvets.nc.gov/ncdmva-coronavirus-covid-19-operations-procedures-nc-dhhs-information The awards you posted abo
  7. Since your husband's POA ( Power of Attorney), N.C. Department of Military and Veterans, are on these recent awards dated March 1, 2021 and April 29, 2021, I suggest that you contact them about any possible CUE claims. They will need a copy of his C file ,if they do not have that already.And copies of all available MH records which you are seeking to get. If they do not have a copy of his C file ,your husband can request it from the VA. It will take time to get it. If they see a CUE in the 2011 decision, they can prepare it.
  8. This is how the VA rates stroke: https://cck-law.com/blog/va-disability-benefits-for-stroke/ 100% Temp for 6 months and then the residuals are rated. I read over the MRI and the amended MRI: ." IMPRESSION: 1. No acute infarct, hemorrhage or MRI evidence of acute intracranial pathology. 2. Findings compatible with chronic microvascular ischemic changes, as well as small chronic lacunar infarcts in the bilateral basal ganglia. Please correlate for cardiovascular risk factors. 3. No flow limiting disease in the circle of Willis on MRA of the head. 4. No flow limiting carotid a
  9. https://patch.com/texas/dallas-ftworth/toxic-pfas-found-dallas I Googled NAS Dallas PFAS Contamination and a lot popped up: https://www.google.com/search?q=NAS+Dallas+PFAS+Contamination&rlz=1C1CHBF_enUS695US695&ei=k6ybYP3FOoTNtQadiYDoCw&oq=NAS+Dallas+PFAS+Contamination&gs_lcp=Cgdnd3Mtd2l6EAwyBQghEKsCMgUIIRCrAjIFCCEQqwIyBQghEJIDMgUIIRCSAzIFCCEQkgMyBQghEJIDMgUIIRCSAzIFCCEQkgM6BwgAEEcQsANQ3yRY6FBgxmdoAXADeASAAZgaiAG-WpIBBTgtNS4xmAEAoAEBoAECqgEHZ3dzLXdperABAMgBCMABAQ&sclient=gws-wiz&ved=0ahUKEwi929Kw9sPwAhWEZs0KHZ0EAL0Q4dUDCA4 Also many years go our fire depa
  10. This law firm is representing female firefighters in lawsuits for PFAS: https://www.dolmanlaw.com/female-firefighters-afff/ I was surprised to read this: "Studies looking for PFAS exposure rates among firefighters have predominantly focused on males. “This is the first study, to our knowledge, that’s been done on [specifically] women firefighters” said by Rachel Morello-Frosch, a professor of environmental science, policy, and management at UC Berkeley and senior author of the study." I was with the local volunteer fire department for 8 years, in their auxiliary, and we had
  11. It would help if a moderator could move your question to it's own thread, so that others will read it. I assume your MOS was Firefighter. My search at the BVA pulled up 31 decisions. for PFAS, I have not read them all but even the denials will help you determine what you need as evidence: https://www.index.va.gov/search/va/bva_search.jsp?QT=PFAS&EW=&AT=&ET=&RPP=10&DB=2021&DB=2020&DB=2019&DB=2018&DB=2017&DB=2016&DB=2015&DB=2014&DB=2013&DB=2012&DB=2011&DB=2010&DB=2009&DB=2008&DB=2007&DB=2006&DB=2
  12. Did you ever filed the CUE claim dated 9/29/2009? I just found it in one of your multiple posts. I believe it was prepared by GeekySquid. It is well done but when the 2019 Award letter was mentioned in it , it did not mention any previous probative evidence that the award was based on,that was in VA's possession at time of the 2911 decision. Both I and apparently Geeky Squid have helped you with CUE claims we prepared for you in the past. I suggest you use them as templates and focus in on what I mentioned above.... ...did the VA have probative evidence prior to the 20
  13. Do you receive SSDI ,and if so is it solely for the social anxiety? SSDI awards contain an independent medical opinion. If so did you tell them that on the TDIU form? Has VA VocRehab ever turned you down (in documentation) that because of your SC, Voc Rehab is not feasible? If a veteran is denied Voc Rehab solely due to their SC, then they are unemployable because they are unrehabable. When you reached the 70%, did the VA make any statement regarding TDIU consideration and send you the TDIU form? OR were you employed at that time?
  14. On page 2 of this thread I gave you the best advice I could think of, based on how I won many personal CUEs with the VA. I do not see this as a "rater substituting their opinion for that of the C & P examiner." I have read the C & P exam you posted last year. I hope others who opine here have read all of the posts carefully. If you find what I mentioned in my last post here, you would have a valid CUE. If the VA had in their possession in 2011, whatever evidence they finally awarded on in 2019, and did not consider it in 2011 that is a violation of 38 CFR 4.6.
  15. This is Wonderful News Buck! We all need Faith and a strong belief system. John's quote is Right! And without the wisdom and love of our Lord, I would never have been able to succeed in my claims, or accept the deaths of my two veteran husbands. Don't forget- the Apostle Paul had been a Pharisee,brutally condemning the followers of Jesus but on the road to Damascus, Jesus turned his whole life around. God forgives our sins if we repent but sometimes veterans and civilians have to forgive themselves.
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