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Berta

HadIt.com Elder
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Berta last won the day on September 19

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About Berta

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    HadIt.com Elder/SVR Radio Panelist

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  • Military Rank
    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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    tactical warfare student- AMU
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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. To add, I believe the VA is looking for proof of contact with C 123s, via the veterans MOS https://amcmuseum.org/history/airlift-during-the-vietnam-war/ because of this: https://www.va.gov/disability/eligibility/hazardous-materials-exposure/agent-orange/c-123-aircraft/ We would not even have this important regulation , but Wes Carter, C 123 vet with cancer, proved his AO exposure due to certain contaminated C 123s ,and other veterans have been able to do the same thing. There are hundreds of C 123 cases at the BVA- Most of them appear to have been denied, but there ar
  2. I saw this article in the new News Section Tbird has put here: https://vanews.wpengine.com/ https://www.erienewsnow.com/story/42619109/widow-of-vietnam-era-veteran-appealing-denial-of-claim-by-va In part: "Veterans Affairs states there’s no record of a cancer diagnosis while Richard served in the 1960s nor is there evidence of exposure to herbicides. “They actually want a photo of him standing by this particular plane that he guarded, however, that’s not possible because he was in a high-secured area,” Mary said. So tying the discovery of Agent Orange barrels to w
  3. Thanks Tbird-one of the articles there might help me to better help a veteran's wife here, to understand - how difficult her husband's claim is and what evidence he needs. She is a new member and her husband has a lawyer helping him. It regards the Okinawa widow's AO claim. I will put the article link in the AO forum.
  4. https://www.justice.gov/opa/pr/former-veterans-affairs-doctor-pleads-guilty-three-civil-rights-offenses In Part: Department of Justice Office of Public Affairs FOR IMMEDIATE RELEASE Thursday, September 17, 2020 Former Veterans Affairs Doctor Pleads Guilty to Three Civil Rights Offenses A doctor of osteopathic medicine who formerly worked at the Veterans Affairs (VA) Medical Center in Beckley, West Virginia, pleaded guilty today to three counts of depriving veterans of their civil rights under color of law by sexually abu
  5. "All I can say at this point is, If you have heart disease and/or diabetes check your medications! especially if you also have chloracne or another skin disease. Inform family and friends. The next time a tv commercial on such drugs Jordiance comes on, listen to the known side effects that are also listed." James, I will listen to the show later today----I am stunned at what you have been through- I can only add on thing to what you said above: Every vet should check every medication the VA prescribes to them. In my FTCA case the VA admitted to misdiagnosing heart disease s
  6.  Have had computer issues lately.  Anyway I'll try to answer your questions.

    I was an AVIATION MACHINIST MATE and was a mechanic on a flight crew and also assigned to an engine test cell .

    It took me a while t get things moving but I will say that trying to get rated for PARKINSON service rated IS NOT something that an individual should try on his/her own.

    I quickly realized that an attorney was a must.  I hired Hill & Ponton in Florida to take the ball and run.  If I didn't wi'n it was to cost me nothing.  I quickly found out it is all about presentation.  I will say it did cst but nothing was taken from my settlement.  A bill was sent to me from the attorney office.

    I did have to pay $2000 for a doctors letter as my outside doctor and VA. doctors did not mean a lot.  The $2000 was paid by the attorneys office and was included in my total fees.

    My BVA case was as follows:  Citation number A20009507 dated 5/28/2020 and docket number 200213-66979.  

    . I am still in another issue related to this case but attorneys have appealed the issue of how far the VA went back.

    My advise is get a  law office that will take case with no fees unless you win the case ( pretty sure bet that if they take it then it is very winable ).

    Sorry it took so long and thanks for all yu do for the vets 

    1. Berta

      Berta

      The decision is at the BVA here:

      https://www.va.gov/vetapp20/files5/a20009507.txt

      This is FABULOUS!!!!!!!!!

      Congratulations!

      would d it be OK if I post the BVA decision at this thread? Or you could?

      Would it be OK if I posted the BVA decision on this thread above?

      Or you could- BVA decisions do not identify the claimant.

      We have someone who has a similar issue trying to help her husband- 

      Lynette- he claims exposure to AO and to JP-4- in Okinawa.

      https://community.hadit.com/topic/48027-agent-orange-kadena-afb-okinawa/page/6/

      The thread is a little messed up but maybe your case would show her what her husband needs to do.He was crewman working on F 16s.

      This is wonderful news to read the decision!

      I will read it again!

      You are so right that many of us need attorneys and IMos. She says her husband has a lawyer who thinks he can win the case- but Hill and Ponton are VERY good with claims, and they paid for the IMO and you paid them back- that is  great- I hope her attorney is willing to do that for her husband but I have seen no real evidence of exposures so far in her posts.

      I gave her the best advice I could think of- I just hope her attorney is as good as yours was!

      I saw a AO BVA award many years ago that was very strange-if the vet was with the Army Engineers and directly sprayed the pipeline in Alaska with AO ( a fact that they did use AO there)thenit made sense butnothing in the decision revealed how he was exposed to AO. I have a Nehmer lawyer friend at NVLSP and sent him the decision and he was as puzzled as I was.

      Our blog radio show producer would be interested too in this decision- He has claimed AO disabilities for Decades-VA, BVA ,CAVC, BVA, CAVC denied ,denied but could not prove his AO exposure- he served in Alaska.

      Thanks Cecil,

      Berta

       

       

       

  7. You stated in my profile: "We couldn't get his MD to help us. She may not even be at that hospital anymore. I appreciate all the info you sent. I'm going to try to forward it on to our lawyer. I wish we could get a good nexus letter." Who is treating your husband for his disability.... does he have another private doctor ,since she might not be available anymore? The most important thing he needs to do, is to prove his exposure to Agent Orange. An IMO/IME doctor could try to establish that nexus, but I feel the IMO/IME would have no value ( and they can be costly) if the ex
  8. This is the link to the show- James has told the way he proved his AO exposure in past shows and also his BVA decision is here under a search. The call in # is 1-515-605-9764. After the English woman answers the call you might need to hit 1 on your phone keypad- but last time I called in I dont think I needed to hit #1. Just a final thought- the past denials from the VA tell you exactly why the claim was denied and these reasons are what needs to be overcome by probative evidence. Of course your lawyer knows that , but I posted that because many read these forums as guests and
  9. If your husband's 201 ( Military personnel file) or any other evidence, ( I am sure the lawyer also has his SMRs, -but dont know) that he had specific duty to spray AO or he can prove it that it was used on the flight line , in proximity to him, and if he can get a strong Independent Medical Opinion that there is no other cause or etiology for his disability, then he might certainly get service connected for this. Has he attempted to get buddy statements from anyone in his unit, who also might recall the spraying? Nothing is impossible- but it all takes a lot of leg work. I
  10. We couldn't get his MD to help us. She may not even be at that hospital anymore. I appreciate all the info you sent. I'm going to try to forward it on to our lawyer. I wish we could get a good nexus letter. 

  11. Lynette_ I posted 2 replies earlier that got lost in that thread here they are: https://community.hadit.com/topic/48027-agent-orange-kadena-afb-okinawa/page/5/ These posts are a little out of order but my reply is to the poster today-Lynette- You stated : "We also included another area where he could have become ill. He handled jet fuel almost everyday for over 20 years, which could have contributed to his situation." "That's our story. Our attorney believes we will win. I hope he is right." I do too! I will search the BVA to see if there us anyth
  12. Thanks -I never noticed that 'sort by date' thing before!!! Thank you TBird!
  13. I cleared my cache but just got get Page Unresponsive again-it only happens at this site- I have to leave-maybe later I can figure out what is wrong.
  14. If you do find the 2013 decision, it might help but since it is for a different MH, I do not see that as a CUE. A disability should be at least at 10% and listed as NSC, in order to support a valid CUE, if the disability subsequently becomes service connected. I guess a NSC at "0" might be able to be CUED, if it becomes service connected, but I have no idea how that would work. If an NSC has a zero %, and the medical evidence reveals it should be higher, that is the time to appeal the "0". I dont recall ever seeing that type of CUE. I will check the BVA site when I have ti
  15. Me too and I feel your PTSD claim is solid.
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