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Berta

HadIt.com Elder
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Berta last won the day on June 17

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About Berta

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  • Location
    Beautiful hills of NY andwidow of  2 vets, 2 HD each and mother of USAF vet-my daughter, 7 years Top Secret Intel
  • Interests
    tactical warfare student- AMU
    gardening
    fishing
    Oriental home design
    organic cleaning tips
    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
    The Pullers-Chesty and Lewis (USMC)
    chocolate brownies
    anything at all regarding Vietnam
    the failure of the Maginot Line (WWII)
    Trench warfare
    anything amphibious

    Led Zepplin, Bob Dylan, Sting, Al Green, Mozart, Classical guitar,Moog synthesizer, Eminem,Janis Joplin,
    Michael Jackson, Teddy Pendergast, Mongo Santamaria,
    Cal Tjader, Miles Davis, AmerIndian battle chants,
    Hendrix,etc etc etc
    Pho and nuc mam dinners

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  1. https://www.usatoday.com/story/news/politics/2018/06/06/trump-signs-law-expanding-vets-healthcare-choices/673906002/ The link has POTUS's voice ( and probably the blip I saw on TV when he signed the Mission Act -is on the net as well.) The regulations to support the Mission Act have not been prepared yet- * "Another social worker tried to explain it to me by saying that he believed the VA doctor was saying that my conditions were being caused by mental health concerns not necessarily by traumatic brain injury symptoms." Are you rated for PTSD? Are they treating your mental health issues? "Both requests were denied." Do you have those denials in writing? I suggest- to contact the SW and the doctor to get this in writing- Also I suggest sending an IRIS , telling them what you told us here and that you need the denials of services in writing as you are conacting the White House. And by all means call the Veteran's White House Hot Line- 855-948-2311- * we have no idea how these regulations will be prepared- but the Mission Act appears to give too much power to the VA to decide who they will apply to- It is possible, maybe , that your symptoms are being caused by an additional MH or even physical issue- but VA should either rule out those other causes or properly treat you for them. Was the " VA doctor" you mentioned a psychologist or psychiatrist?
  2. Have you googled your lawyer at the BVA to see what claims they have won? https://www.bva.va.gov/ Do they have full experience to handle these types of VA claims?(CUE and 1151)
  3. Dr B will definitely recognize a potential CUE if he sees one! Here is a Reactive Hypoglycemia award: https://www.va.gov/vetapp15/files5/1541760.txt The award refers to Dr "B" ,who provided an IMO/IME but I dont know if that is Craig or not. Dr Craig Bash did 2 IMos for me-VA refused to read them, that's OK the BVA sure read them. This was a claim -of which I have never seen anything similiar. My husband ( Vietnam 65-66) had never been diagnosed or treated for DMII. I did extensive research to iclude all of my husband's medical records and prepared my lay opinion with tabbed references to the med recs for Dr. Bash to consider. I also wanted him to consider the wrongful death award I had because VA had malpracticed on him for heart disease, stroke, wrong meds, admitting they caused his death, etc so it was "as likely as not" they were negligent in diagnosing and treating his DM as well and it also contributed to his death. He had his opinion done in a matter of days. I knew BVA can read and they would award. My husband did get a DM diagnosis ( but the medical bastards were trying to cover up the malpractice at another VA hosp and crossed out the entry.) I found the doctor who made that entry and he remembered my husband and had left VA to start a private practice. He gave me a freebee IMO before I contacted Dr Bash and that sealed the deal. Your case makes me recall what Dr Bash said to me after getting my very first email to me with just a few mentions of my evidence. He said "Sounds Good!" and that is what I need to say to you regarding your claim- Sounds GOOD!
  4. You can file the claim on VA form 21-526 EZ. Your other post shows you get 10% now for tinnitus and VA confirmed you were an AO exposed veteran. Prostate cancer is rated in an unusual way: http://www.vetsfirst.org/vetsfirst-qa-does-va-always-reduce-a-rating-for-prostate-cancer-after-treatment/ In part this article from the VA states: "Veterans with active prostate cancer are rated at 100 percent. That rating continues for six months following the completion of any treatment, such as surgery, radiation, or chemotherapy. After six months, VA requires that the veteran undergo an examination. Changes reported based on the examination will determine the veteran’s new rating. If the cancer hasn’t returned following treatment, then the rating for prostate cancer will be reduced. VA will, however, rate the veteran on any related issues being experienced as a result of having had prostate cancer, such as voiding dysfunction. Veterans who have daytime voiding intervals between one and two hours, or awake at night to void three to four times will be rated at 20 percent. Veterans who void at intervals of less than one hour during the daytime, or awake to void five or more times per night, wear absorbent materials, or use an appliance (catheter), may be able to receive a higher VA rating."
  5. "Now the kids get a $1200 a month stipend on top of paid tuition. " I think that requires eligibility under the FRY scholarship program. Or maybe a transfer of the GI Bill ??? https://www.benefits.va.gov/gibill/survivor_dependent_assistance.asp Can you give me a link to your statement?
  6. I wondered that too- I was the first Chapter 35er at AMU- everyone else was on the GI Bill- this was a Military university - Still it went fairly smoothly but this question seems odd to me.... I paid for example about 700- 800 bucks a semester for each course- some were accelerated course, some lasting longer. It seemed to me that not only did they check my grades, prior to payment , they also divided my reimbursement by the length of the course. So maybe I would get a check for 250 or 300 for one month and then maybe more or less the next month....but not on any specific date. The reimbursement was only part of the tuition-because they used the rates in the DEA brochure. I almost forgot something- maybe DEA has changed. My entitlement date ran out and I had to finish my degree without DEA.2004 The grant was based on my dead husband's 100% SC P & T. When I successfully proved direct SC death, (AO DIC) that trumped my 1151 DIC and the college refunded to me all tuition I had paid myself- that is- all tuition per their payment rate in the DEA pamphlet. I guess things have changed? I googled DEA however and found the same pamphlet I think I got (in 1997)
  7. I was a Chapter 35er for 4 years. As I recall , Chapter 35 payments are based on paid tuition and course timeframes. I did not receive the tuition reimbursement on any specific day of the month. At one point I went into the bank with 3 separate Chap 35 VA checks.... they all came in the same week. You could use the "Contact Us" button at the main VA web site and make an IRIS request for the reason for the delay. I advise to get an email reply so they cannot make something up by phone. Maybe your son could use the way I handled Chap 35. Every time I paid my tuition I contacted my VA counsellor at the college via email as well as their Financial Aid office, giving them the course #, the length of the course , the professor and a copy of or link to my student records which showed my paid tuition. Possibly you could get a phone number here: 1-888-442-4551 (Monday – Friday, 7 a.m. – 6 p.m. CST) for any questions about your GI Bill benefits. Although it says GI Bill, they might be able to help.
  8. Forgot to ask- has your lawyer mentioned a potential CUE? They would know right away if the decision contains CUE and could help prepare a CUE claim.
  9. You can file a CUE on the recent decision-if it contains a legal error- but, can you scan and attach the recent denial here to include the evidence list they used. "Also, does anyone know how long the CUE process takes? I’m assuming the 3-5 years or longer?" Most of my CUEs and one I filed for my daughter took mere weeks ( on decisions that we had just received.Resolved favorably) My longest CUEs, one filed in 2003 and another filed in 2004 took until 2012 to be awarded. None of my CUEs went to the BVA- I sure hoped the 2003-2004 CUEs would get there- but they were awarded just prior to transfer ( by a different RO) Cover your file, name, address prior to scanning it. I really dont think it contains CUE but ,since you brought up CUE, it is always best to check...
  10. That's great Vync- because a good buddy statement can make a big difference. And more than one helps too! The 21-4138 us a good idea because they sign the oath at the bottom. With the same unit and often same MOS, same time as the claimant, details of the event they witnessed, and with contact info, (sometimes the VA will call the buddy) buddy statements can help considerably to prove an inservice event.
  11. "FAYETTEVILLE (KFSM) -- Officials with the VA Medical Center in Fayetteville and the U.S. Department of Veterans Affairs announced an investigation Monday after a pathologist was found to be "impaired" and misdiagnosed patients, resulting in at least one death." http://5newsonline.com/2018/06/18/review-announced-after-pathologist-found-to-be-impared-at-fayetteville-va-medical-center/ The article is chilling- over 19,000 VA patients at Fayetteville are being sent letters-to see if this doctor had misdiagnosed them.
  12. "I won on the 5 claims the first time at the BVA. I was granted ED of 8/1987...10% for ankles and 20% for back." The Gulf War presumptives are here: https://benefits.va.gov/compensation/claims-postservice-gulfwar.asp regardless of whether they used GWV regs or even the Chronic Presumptives : https://community.hadit.com/topic/45692-the-chronic-presumptives-in/ That would not impact on your claim for a higher rating- or "increase" " I’m appealing for an increase and I’m appealing for an increase and hopes that I can raise an argument on presumptive service or something. " Increases in disabiity % relies solely on medical evidence that involves the time frame from the last rating. I dont even see how the three disabiities you mentioned would even be "presumptive" to the above regulations- so I assume they were found in your SMRs and on your discharge physical. " I’m appealing for an increase and hopes that I can raise an argument on presumptive service or something. " The 'something' could be a CUE in the initial rating. But that is only a WAG.
  13. Berta

    MGUS Question

    I could only find one case at the BVA with MGUS that in turn became stage one Multiple myeloma. https://www.va.gov/vetapp09/files5/0944359.txt "ORDER An initial 100 percent disability rating, but no more, for multiple myeloma is granted, beginning February 13, 2009, subject to the laws and regulations governing the payment of monetary awards. Entitlement to an initial compensable disability rating for smoldering myeloma, before February 13, 2009, is denied." What is your 40% SC for?
  14. Did you get the SC ED rating Buck? "I feel asI waisted good $$$ Getting that IMO and never really needed it. Had I known they would go with the VA Doc." That is why it is imperative to try to obtain copies of C & P exams ASAP- Sometimes they do help the veteran. I feel, (and think I mentioned this to Shulkin some time ago) that C & P exam results should be attached to every decision because many vets do not know that they can get the results. Do the contracted C & P exams show up these days on ebenefits? I will mention it to the new Secretary- when I am sure of who he will be---maybe O Rourke does not need a confirmation hearing? We have no rights of discovery as within civil law..... In civil law- discovery allows all evidence for and against a claim, to be available to both opposing parties. The very fact that good IMO/IMEs overturn so many denials -is why I refer to private IMO./IME docs, as "real" doctors. They read everything in the medical record.
  15. " he speaks of his Theater claims not being adjudicated maybe he is filing a PTSD Claim and not showing his hostile Theater service medals like CIB? for his stressors for his stressor proof or its not on his DD 214 (Just taking a guess?)" Buck- you are right-that is a very good guess-but I think he gets SC for a MH issue already- I also think Sailorman is referring to these issues: https://community.hadit.com/topic/71730-2014-claims-reopened/?page=2
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