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Berta

HadIt.com Elder
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Berta last won the day on October 11

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About Berta

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    HadIt.com Elder/SVR Radio Panelist

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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. The VA saves lives every day...I have stated that many times here. And I have forgiven the doctors Long ago---but I do not forgive a system that keeps allowing this 'injustice' to occur. Some of the multiple doctors who malpracticed on my husband were young enough to still be giving veterans medical care at the VAMCs, and thoroughout the last 2 decades. Only a family victimized not only be a wrongful death, and then victimized by the very system every veteran's service created ,if they charge the VA with negligence, could possibly understand what my husband went through. I messed up? He asked me to make two promises if he died.one of them was to go after the VA if they caused his death, and the other was to help his 'brothers and sisters' who served ,through the claims process. He never lived long enough to know that the same VAMC almost killed his co worker and friend too,by malpracing during the same period of time on him too , same VAMC.. That vet got 100% P & T under 1151 in mere months after I prepared his claim. VARO awards of 1151 are not public and VA never reports them to anyone,sometimes not even to the VISN director, who is supposed to know of them. I do not accept your inference that I have "messed up". I have helped many here over the years understand how to file FTCA and 1151 claims..because of what happened to my husband...and it gets very painful .Can you start handling those forums for me? We have a very difficult potential FTCA,1151, AO DIC issue in the Geeks topic that no Mod has moved yet, per my request I better start re-thinking how I spend my time here. I dont do PMs. .
  2. Here it is: In part: "In some cases, agency managers do not report troubled practitioners to the National Practitioner Data Bank, making it easier for them to keep working with patients elsewhere. The agency also failed to ensure VA hospitals reported disciplined providers to state licensing boards." Yeah, that is exactly how I explained what the National Practitioners Data Bank is for, mandated with reporting requirements, and what the VA never reports under FTCA settlements , is hidden from thepublic, to include Congress, and it allows negligent doctors to continue to harm or kill veterans. https://www.usatoday.com/story/news/2017/10/11/va-conceals-shoddy-care-and-health-workers-mistakes/739852001/ Briefly going through this article, I see a statement that seems to be wrong- I will contact the writers- I think the inaccurate statement came from the VA.
  3. I guess many others as well as myself, for years, have been griping to VA about this. I pointed out 2 specific ways to the Secretary and to Potus, months ago, as to how the VA gets away with hiding their neglignce and malpractice statistics,under 1151 awards as well as FTCA. This was a brief story at 6:45 AM so I hope I can get more info on who is looking into this and where the report came from. Maybe it was USA Today....missed the source. Did anyone else hear this at Fox this AM? They did say settlements under FTCA have cost the VA Millions... 23 years ago this Saturday my husband died- death by VA....this all was part of my call to the Veterans Hotline as well.... I called as an advocate pushing a few reasons why we have a backlog, and how VAROs perpetrate that backlog,by making ridiculous errors in decisions, deliberately ignoring evidence, etc etc, ( they had part of my C file stuff when they called me back and I told them my multiple decisions alone in my C file prove what I had written to them about,but then they asked me a to talk a little about my husband...I had not mentioned him at that point, and they knew from whatever they accessed via VA,he had died. I broke down and told them how the VA killed him.... I am still angry-----there have been plenty more successful FTCAs and 1151 claims in the past 23 years......costing our tax payers Millions. I think they also had a copy of my H VAC testimony too. Maybe something will Finally be done. Instead of just moving malpracticing doctors to other VAMCs- maybe now they will get fired.
  4. Ms. Berta,

    Hope all is well with you, I am in need of your help locating my active duty medical records.

    I've been trying since 2014  I sent requests to St. Louis several times, I went to my local Congress

    Office what they got was the same partial treatment record that I already have, I even called into

    The Whitehouse Hotline they went hunting and came up with the same partial record, I requested

    my C-file with high hopes, but still nothing. I am frustrated, depressed and very much disappointed

    with the whole situation. Kudos to Allan he steered me in some directions, but still no medical record,

    he advised me to reach out to you.  Thanks in advanced.

                                                                                                    Deborah

                                                                                              

                                              

    1. Berta

      Berta

      I am only familar with using NARA for SMRs and inservice personnel records:

      https://www.archives.gov/

      However if a vet applies for SSDI they (NARA) often send service records to the SSA office,who is supposed to send them back promptly.

      I could mot find any of your posts....sometimes buddy statements can help when med recs are missing.

      Also the VA has an enhanced Duty to Assist when records cannot be found.

      Is it possible the VA already has your SMRs? 

      The last time I used NARA they sent me my husband's Navy records but sent a letter informing me his USMC records were at my VARO- which is where they were supposed to be, as I had re- opened a claim.

    2. Berta
    3. Deborah Ladson Boatwright

      Deborah Ladson Boatwright

      Thank you Ms.Berta, I've done all that and still nothing. The VA only have some of

      what I have in my possession. My C-File has just a few pages of my treatment record

      at this point I am a considered a lost solider I am at the end of the tunnel with no light

      thanks for your time, but if by chance you come across anything that may help me, please feel 

      free to contact me on the forum or e-mail at deborahboatwright@yahoo.com. Have a blessed day.

       

       

  5. Broncovet is right! If the VA approves a SC disability they denied in the past,it is reasonable to assume that their past decisions were wrong, under CUE (if it was ratable at least at 10% at time of that denial) or under 38 CFR 3.156. Plenty of info here under the search feature as to how these regulations work.
  6. We were on line same time "The American Legion has told me that because I'm P&T IU, it in itself "doesn't warrant" a SMC award." I agree. Also I answered your other recent CUE question somewhere in another thread that had 3 different vets asking questions in the same thread.......very time consuming and confusing to help anyone when that happens.
  7. Here is one of many posts I and others have made as to SMC S: I am not familiar with any vet getting the HB award because they cannot work. My husband(20 years after he died) was granted under CUE SMC S. They stated it was due to his 100% P & T SC PTSD plus 100% 1151 CVA. But then they also stated HB was granted, as well. ( they only pay for one SMC S award.) My evidence for my claim of and award of either SMC S theory revealed he needed the VA van to take him to the Day Treatment VA program, he could not drive, he could no longer handle money, could not determine what coins were what, due to his PAD from the stroke, which also had inpaired his ability to see. He could not use the PC anymore and could hardly dial a phone.The VA told me he would never walk again...until I demanded they give him OT. He could walk but the stroke severely impaired his ambulatory abilities. Also he would heat up soup or something and then forget it was cooking,so it was good that I was always with him at home. The SMC regulations then ( they used his medical records and the 38 USC 1114 regs from 1992,93,94, which still have never changed.
  8. I answered this somewhere else recently here....Allan, things like the recent DIC claim take up much of my time, because I spend often more time in researching issues here, than actually being on the board. I asked in the post I made how vets can rep someone without being accredited reps and asked for a mod to read that post as well to move the DIC issue where others could possibly chime in, ity is in tyhe Geeks topic...----but I guess no mod read that post.... I will try to find what I posted already on SMC HB recently
  9. I hope so too Rootbeer and many members here give solid advice and are 'right' but none of us can really determine what the VA will do.....your MOS alone was one that was definitely stressful.
  10. Was the stent operation After the date they listed in the Evidence section, as to the private records they had? They stated their had private records up to Feb 2017. This might take a strong IME from a real doctor, and I feel the PAD , if documented in the medical records,should be claimed as due to the AO IHD. An IME doc should consider opining on that potential . Have you googled the Examiner's name to see if they are a real cardiologist? The ECHO- was that date 9-16-2016? Part of the "Lifeline" screening program I mentioned will cover a cartoid artery exam.They do it with a small scanner type of thing and can read the results on a screen (sort of like a CT scan) and it probably takes mere minutes to do. Gastone is right. If his arteries are occluded that info will be found in the measurement data on the ECHO results. Unfortunately VA found that out After my husband has a major ischemic stroke due to his undiagnosed, untreated AO IHD.
  11. forgot to add, and they all were service connected for PTSD due to the firefight they were in.
  12. "Nexus" just means the documented 'link' or cause,in service of the claimed disability . For PTSD claims , that do not fall under the 2010 PTSD criteria, it is often an incident that might not appear in any SMRs at all. You seem to have good proof- your unit was at the scene of the rescue recovery from the crash, your MOS would put you there and then, and you have the PTSD diagnosis from the VA.This is what appears to have been verified by the VA, probably via JSRRC. Many Vietnam vets had stressors that their SMRs did not reveal. Nor did their discharge certificate reveal any MH problems in service. Often a Wall tracing of a buddy's death in Vietnam might be all they had to prove a nexus of their PTSD.Others had detailed horrific events that could be verified by JSRRC. My daughter helped a group of vets years ago by translating a Vietnamese document they found in Vietnam with their names and SSA #s on it,and one of them gave copies to the other vets in a small unit,of their PTSD award for the exact same incident. The document was not a 'hit list' as they thought for years- it was from a South Vietnamese General stating each man's exceptional bravery that had saved lives, in a terrible firefight. They all got more decorations for this on their DD 215s, and the vet who initially contacted me for help got the DFC. I cannot foresee that VA would not accept the nexus you have. I am sure this will go OK for you.
  13. " I have uploaded a copy of my bank account showwing I am not living pay check to pay check and can handle my money." GOOD! If you use credit cards, those bills might also show that you pay your bills on time, even Electric bills, rent or property tax bills, etc etc.... I believe every vet should fight this fiduciary BS.Although VA looked into a big fiduciary scandal years ago ( they were picking fiduciaries who had criminal records and were never properly vetted, )the VA cleaned up that act but still----this 2016 VAOIG report ( page 2) shows a veteran's sister had been indicted for misuse of his funds, as his fiduciary: https://www.va.gov/oig/pubs/highlights/VAOIG-highlights-201607.pdf This report mentions that as well but included more fiduciary horror stories: https://www.va.gov/oig/pubs/highlights/VAOIG-highlights-201704.pdf You can fight this BS and succeed in my opinion. More info here: https://www.hillandponton.com/fiduciary-process-actually-happens/ and this vet got them to drop the incompetenece BS, with a letter from his VA treating doctor: https://www.tapatalk.com/groups/vets/i-beat-incompetence-no-fiduciary-needed-t167724.html If a vet can provide for his own needs, electric, food, rent, or mortgage, clothing ....and can prove that with bank statements and/or paid bills, there is no reason at all to accept this BS .
  14. http://www.purpleheart.org/ServiceProgram/Training2012/10-M- SMC final.pdf and 38 USC 1114 (s)
  15. This is what I mean: "Given that the Moving Party's pleading could encompass any number of theories that may be raised by the record, but does not specifically identify an error or errors in the Board's decision, the Board concludes that the Moving Party's motion to reverse or revise the Board's April 6, 2015 decision lacks the necessary specificity required by the above cited authorities. It would be prejudicial to him for the Board to accept as legally sufficient a motion, which as defined under applicable law is not legally sufficient and which would foreclose any opportunity for him to raise a legally sufficient motion. Hillyard, 695 F.3d at 1259. Therefore, it must be dismissed without prejudice to refiling. ORDER The motion is dismissed without prejudice to refiling." https://www.va.gov/vetapp16/files2/1611309.txt In this case, it appears that there had been many erroneous decision ( I assume at the RO level) ORDER "CUE in a December 1975 and subsequent rating decisions warrants assignment of an effective date of December 16, 1975, for special monthly compensation at a rate equal to that provided for by 38 U.S.C.A. § 1114(n); the appeal is granted to this extent, subject to the law and regulations concerning the award of monetary benefits." https://www.va.gov/vetapp94/files1/9405865.txt In this case below however the BVA grants a CUE Motion and admits to causing the CUE. "Had the factual and legal errors discussed above not been committed, the October 28, 2008 Board decision manifestly would have granted presumptive service connection under 38 U.S.C.A. § 1112 and 38 CFR § 3.303(b) for the "chronic disease" of arthritis (DJD) of the lumbar spine based on the unrebutted finding of continuous post-service symptoms of arthritis and diagnoses of arthritis already in the record. The Board finds that the October 28, 2008 Board decision is clearly and unmistakably erroneous; therefore, the October 28, 2008 Board decision should be revised, resulting in a grant of service connection for DJD (arthritis) of the lumbar spine, effective from May 18, 2005, the date of receipt of the Veteran's claim for service connection. 38 U.S.C.A. § 7111; 38 C.F.R. §§ 20.1400, 20.1403, 20.1404. ORDER The October 28, 2008 Board decision, having been found to be clearly and unmistakably erroneous in denying service connection for a low back disability of DJD of the lumbar spine, is revised to reflect a grant of service connection for DJD of the lumbar spine from May 18, 2005, the date of claim." https://www.va.gov/vetapp17/files2/1706415.txt ----------------------------------------------------- Re: the SMC S question----- I have no idea on what regulation Buck is basing his opinion on.
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