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Berta last won the day on March 1

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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. https://cck-law.com/blog/new-va-forms-replace-statement-in-support-of-claim/
  2. Please disregard my posts as to TDIU, etc : In a different thread you stated: El Train, thanks, that is helpful. I've been teleworking for 10 years as a DoD contractor. My doctor's DBQ mentions the teleworking but not the duration of it. When asked about work during the C&P exam I explained that I telework and that its from 2010 so hopefully the VA noted this and factored it in their decision. https://community.hadit.com/topic/83657-can-you-get-a-100-pt-ptsd-rating-and-not-have-work-impairment/page/2/
  3. You mentioned the C & P exam kept you at 70% and that the private DBQ did as well. I cannot tell what exam they actually used. Do you have any evidence of work problems. I felt the VA committed a CUE by not sending you a TDIU form when they awarded the 70%, but then again the TDIU form wants information from your past employers, to determine if your SC PTSD prevents you from attaining substantial employment. I read a BVA decision yesterday that had determined the veteran had quit many jobs because he didn't like the jobs.He had failed to produce evidence of total disab
  4. "If the VA used my doctor's DBQ also as evidence, shouldn't they have suggested that there are favorable findings with the OCD diagnosis? I thought the claim was for a higher rating of your PTSD. If the IMO doctor stated with medical rationale that the OCD is due to or aggravtaed by the OCD, and that was clear in your claim, the VA should have considered that as a secondary condition. Many vets are forced into filing a Supplemental claim-I say forced, because their fully developed claim with their evidence, was not really adjudicated at all. They then send the same evid
  5. What appeal rights came with the decision? https://blogs.va.gov/VAntage/62997/four-important-things-know-appeals-modernization/ Asking for a Higher level review could possibly catch the DTA error- as a few here have experienced. HLRs are trained to seek DTA errors and also CUE.
  6. You stated the decision said: VAForm21-526EZVeteran'sFullyDevelopedClaim,received January8,2021-ReviewPostTraumaticStressDisorderDisabilityBenefitsQuestionnaire,received February 16,2021-Section(§)5103NoticeResponse,received January25,2021 So apparently they missed your private medical DBQ as well. I didn't know you had sent them a private DBQ- that might have outweighed the lousy C & P exam! I disagree with the above advice , only because the BVA route takes so long, and I would be filing a CUE in a heartbeat if this happened to me ( which it did and my CUEs resolved
  7. https://www.benefits.va.gov/WARMS/docs/admin21/m21_1/mr/part4/subptii/ch02/9-24-15_Key Changes_M21-1IV_ii_2_SecF.docx I noticed part of my post was cut off----and appeared on a blue background- the wind is affecting my PC so maybe that is why.- I fully believe you should file a CUE ( ASAP) or appeal this or do both. You have the right to know why the 70% did not generate consideration of your evidence and a full rationale as to why they continued the 70% but did not consider TDIU. We have no idea what the DBQ said, but still neither did the VA, in my opinion.
  8. m. Identifying Reasonably Raised Claims of IU Reasonably raised claims of IU may arise in a Veteran’s original claim or in a claim for an increased rating. VA must consider a claim for IU if · the Veteran’s SC rating meets the minimum schedular criteria found in 38 CFR 4.16(a), and · there is current evidence of unemployability due to SC disability(ies) in the Veteran’s claims folder or under VA control. Reference: For more information on reasonably raised claims for IU, see
  9. Me too: This sounds like a violation of 38 CFR 4.6 has your POA suggested that you file CUE claim? When your rating was rated at 70% did the VARO send you a tdiu form? "Increased Rating for PTSD Because the Board is remanding herein the issue of entitlement to a TDIU, which includes determination regarding the effects of the Veteran’s service-connected disabilities on his ability to work, entitlement to a rating higher than 70 percent for PTSD, which contemplates in part total occupational impairment, must also be remanded as it is inextricably intertwined. A remand is the
  10. I agree- every claimant should have access to their VBMS file. One more point- The VA does not produce their actual malpractice stats. For decades they have refuse to honor the NPDB mandate. That means a medically negligent VA doctor can remain at the VA, with no discipline record at NPDB. Also there is no accountability for any 1151 award that was obviously based on at least one negligent VA doctor ( or federal contractor) The criteria for VA malpractice is the same under FTCA and 1151. 1.proof of documented malpractice in the Veteran's VA medical records
  11. In Part “Veterans Affairs officials will have to provide basic legal advice to veterans who file medical malpractice claims and provide information on local staffing issues … The new legislation mandates that the department provide ‘notice [to vets] of the importance of securing legal counsel’ and clearly identify the employment status of any individuals involved in the case within a month of a veteran submitting a malpractice claim. VA officials had opposed the idea, saying it creates unnecessary burden on staff.” Vet, with aid from Congress, forces VA to increase disclosures in ma
  12. Handling Administrative Errors at the Chicago VA Regional Benefits Office in Illinois This is VA OIG Press Release of 03/04/2021 12:00 PM EST In Part: " The OIG found claims processors did not properly correct administrative errors in 88 percent of cases reviewed. Errors resulted in improper underpayments of about $59,100 to six veterans, improper overpayments of $18,900 to two veterans, and $5,900 in debts VA had inappropriately collected from eight veterans through January 2020. "
  13. Thanks- he does not have a computer. I can give him the forms and someone else he knows might be able to get him into VA's MyHealthVet system, on their computer.
  14. I assume the FOIA or Records Access officer at the local VAMC would have the proper form for a veteran to fill out to obtain their VA medical records. My neighbor does not use a PC and will need his records. This is the question- he has been a Pt at the local VA for over 20 years, and has a 10% SC. He was at the VAMC a few weeks ago for a COVID shot and also I think it was a regular appointment too. He was rushed to a major NY non VA hospital Sunday AM with a heart attack. He seemed to be willing to stay with the cardio doctors at this Hosp in Rochester. But they sai
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