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Berta

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

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About Berta

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    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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  1. Berta

    Advice please...

    I would consider that as evidence ( the Facebook post and replies) BUT I bet you could easily contact some of those veterans ,because a buddy statement or two or three is what the VA would really have to consider. If you want service connection for this incident, you need at least one eye witness account that a buddy is willing to describe and then give their contact info to the VA as well, and also tell VA they were in the same unit, same time, same place. Then the Facebook posts would be probative and compelling "corroborating" evidence. Why be ashamed of asking if this is what you need to get service connected. I asked the director's office of my VARO a question I was ashamed to ask- long ago- it sounded ridiculous .. but when I got the answer I Never expected to get- I called my Congressman right away and he called the local VAMC right away and raised Hell with them.
  2. PBooty-I am in NY Too-and I sent the letter to the Finance Department ,in the past, at Buffalo VARO but that was many years ago- I have been doing my calculations, and getting angrier by the minute- I knew the amount was wrong but had no idea how much they owed me until earlier this week . did the calculations many times and checked my math- I dont know if I should send this to the Intake Center or file an IRIS complaint. I will also be sending it on a 21-4138 to the VARO ,to support the CUE I filed.And to the Secretary- After my legal evidence was put into the first CUE, there was a second CUE I added and then I added this: "Due to this second CUE, explained below-I am sending a copy of this claim and all of my evidence, not only to the Intake Center but to the Secretary because I am tired of Buffalo VARO ignoring my evidence. It has happened too many times to me, as my C file reveals. And I believe it has been deliberate as my House VAC ,Sub Committee Disability and Memorial Testimony of February 15. 2008, shows." The Nehmer Evidence list also reveals how the Regional counsel, and then the General Counsel had to order them to pay me in the past, as they ignored my letters. For me, it really isnt about the money, I put this CUE off for over 2 years,knowing the retro was wrong, --- it is about a promise my husband asked me to make to him - never dreaming 4 hours later he would be dead- due to VA health care itself . (I didnt really want to deal with them again.) and it is for me, revealing the competence , that I , as a widow and too many veterans here have had to put up with for too many years. Vets here and vets we don't even know about-who might not even realise that VA manipulated thir retro within an audit. I also filed a third CUE on 2 phone calls from their Director-they show ( and the decision I am cueing bears out what she said ) that she does not even know basic VA case law and regulations. When I go over their audit in my AO award letter, the right hand side is where they add up the amounts due the claimant- but even without my calculations, that amount is off.
  3. If you have a scanner, just cover the C file #, name, address, then scan it into a word doc and then you can either attach with the drag thing at lower left bottom of reply field or copy it from Word and paste it here. It is impossible for us to opine effectively without the actual words of the VA. It will probably appear at the BVA web site within 1 -2 months-maybe sooner and we can find it there by docket number. BVA is posting decisions faster then ever these days.
  4. RDT

    Have had metal in my left shoulder from Vietnam that just started causing me pain 24/7. I had a c&p and was told that pain in not a disability and they gave a 0 rating.

    Any thoughts.?

    Blessing RAY

  5. Good question- I got a 46 page packet from the Philadelphia Nehmer VARO- which contained awards for AO IHD , 1988-1994, SMC, for 2 years, as they award both CUE claims I had pending, on IHDE and SMC ,and also an award under 1151-100% Aug 1992 to Oct 1994. The CUE I recently filed is because the audit and payment from my AOJ (Buffalo RO) is clearly wrong to my detri ment. But it also was a SOC. I think they misinterpreted one of my statements in the evidence list for the Nehmer VARO ( 3 pages long) and maybe they thought I would appeal that issue-maybe that is why the SOC? But the last two claims I filed- 1151 HBP denied March 2015, (I cue d them )- 1151 awarded April 2015 did not have a Statement of the Case. I only needed one piece of evidence for this claim. They never listed or considered it as evidence .Although they told me by phone they had received it with my 5103 waiver. Violation of 38 CFR 4.6 ( my favorite regulation) awarded the CUE and the claim.
  6. Berta

    SC comp and 1151 comp

    forgot to add----(my advice is for really any type of claim, in addition to 1151 plus SC claims) do not expect any vet rep or VSO to do any of that research for you. I know how time consuming research can be and how difficult to is sometimes to understand the VA legal lingo. But the difference to you might well be CA$H !
  7. Berta

    SC comp and 1151 comp

    If you have both award(s) for a SC disability and also award for a 1151 disability ( Section 1151, 38 USC ) please go over VA General Counsel Pres Op # 08-97 to see if VA properly applied it to your claim. If you were awarded a FTCA case, as well as a 1151 award for the same malpractice, you need to be aware of the offset provision in M21-1MR, Part IV, Subpart ii ,Chapter 2 Section G. I know VAOGC Pres Op #08-97 is still relevant and has never been changed and was used in my Nehmer AO death (IHD) decision.(2012) The offset provision in M21-1MR does not apply to me or to my deceased husband.But does apply to many 1151 awards if a FTCA case was successful. I have always considered that the Regulations, and any Pres Ops from OGC and CAVC Precedent decisions , and M21-1MR allow the VA to control us and our claims. HOWEVER, we can use any or all of above to Control Them. BVA decisions apply solely to the claimant they made the decision for. You might have been denied with a claim almost exactly like something at the BVA, that they awarded. It does not matter-you annot use that as evidence- however BVA decisions contain legal statements that can support a claim -been there done that- and also BVA citations , if searched for, can often reveal legal evidence for a CUE claim.
  8. Do you mean their decision regarding your daughter as a dependent? You could write to your VARO and request an audit. I have a brief audit thing that came with my Nehmer AO award. It never made sense to me and VA told me all accrued benefits were paid 2 years agowhen I challenged the decision. I have been going over the audit carefully using the past Comp rating charts, and found that they are missing about 2 years retroactive at 100%. This happened to me before- the regional counsel had to look over my AO DMII claim and saw my letters there in the C file telling them they had withheld too much for my DIC for a FTCA offset.They ignored my letters and I was in college at the time- and more focused n my AO DMII death claim. The RC ordered them to pay me and I got a little over 27 thousand. I got an audit staement with the letter and went over it carefully. They had forgotten an entire year of my DIC , over 11,000 bucks.I sent my calculations directly to Finance department and got the rest of what they erroneously withheld- in about 3 weeks. I have a CUE recently filed on their last decision- because something is wrong with the audit- in it over 46 pages with the regs etc, the Nehmer RO awarded for IHD 1988 to 1994, awarded 2 CUEs I had generating SMC, and properly considered VAOGC Pres Op 08-97 which my VARO Buffalo- does not seem to understand. Yesterday I realised they owe me far more than I thought. I am sending a 4138 with my calculations to them as well as to their Finance office. Oddly enough (I am telling all this because it might help someone else as to OGC Pres Op 08-97) *** the Nehmer decision contains a 3 page evidence list, that confirms the DIC error and also the fact that OGC had to order them to pay me for something else-for which my letters were ignored. Did you send them proof originally that you have a dependent? ** *VA OGC Pres Op OGC 08-97 provides that VA must pay ALL "as if SC" 1151 compensation in additional to ALL SC comp. The problem is that I am the only claimant as a survivor that I know of ,who has awards (posthumously) for my husband's 100% P & T for PTSD and also 100% "as if" SC P & T for a stroke that VA caused. And a Direct SC DMII (AO) death award in addition to a 1151 DIC wrongful death award. I should put that info in the DIC forum.I dnt thik tyhey are eve allowed to "combine" 1151 with SC comp but they do sometimes.
  9. These posts are a little out of order- for the new member- VA is still paying Temp comp 100% for PTSD InHouse: " VA may grant a temporary 100% disability compensation rating to a Veteran who is hospitalized for more than 21 days for a service-connected disability. Learn more about Hospitalization" https://www.benefits.va.gov/compensation/claims-special-index.asp I am not sure what you mean by "residential " labeling.
  10. PLEASE POST this stuff in the main Forum.

    That is where the answers are- 

  11. oppps I didnt mean covert- I meant cover letter---to the Sec. actual covert is a good description of the VA's Deep State.
  12. Yes they are, but I think it is deliberate. I just mailed a CUE claim and put right at the top of it that I am sending it to the Secretary as well, with a covert letter. I have put this claim off because ,although I won my past issues- this one was denied (like all the others were at first)and it really stressed me out and I did not want to deal with them anymore. I feel 100% better that I got it in the mail today and added a history of my issues and they all reveal major incompetence.I dropped a dime on the VARO Director as well- I went against my own advice here- to correct errors in anything they say or state IMMEDIATELY. But I sure feel much better now that the CUE is filed . I think you should file an IRIS complaint ASAP- Go to www.va.gov, the main page, click on the Contact Us thing in the upper right and then click on Ask a question, this will cyou to IRIS-you will have to fill out some fields n the site but file this as a Complaint- (there is a complaint drop down box) and it will go directly to VA Central, and to your RO. Tell them what you told us here. It might take a week or two to hear back- ask for an email reply- so they cant make something up on the phone. Not at all. The VA is snafued and fubared up the ying yangs, but luckily most claimants are not victimized by incompetence or maybe they don't even know yet that VA made errors in their claims, to their detriment. There are only 3 VA entities in my opinion, who know VA case law and can read: The BVA , the CAVC ,and also the OGC. The very fact that so many claims get awarded at the BVA level and/or are remanded to receive a RO award that should have occurred in the first place, is proof that some employees at the ROs are illiterate, or have little knowledge of basic VA case law and regulations. This crap does not happen in a vacuum. Twice the VA tried to get me to believe a regulation that does not even exist. And the history of my issues I added to my CUE, reveal deliberate attempts to withhold my evidence, not only from a Posthumous C & P examiner, (1151 claim, but also from the General Counsel itself.(FTCA issue) I am angry whenever I see the VA pulling that sort of crap. Dont let this go- I almost forgot- put the alphanumeric they use near the date after the Re: in your IRIS complaint that appears in this letter: ". The VA wanted me and my oncologist to explain the exposure to the "dioxin". The alphanumeric holds the initials of the last VA idiot who handled your claim and sent that letter.
  13. This is great news and DFAS audit is worth waiting for......!!! I assume for CRDP.....
  14. Also check out the Camp LeJuene regulations: http://www.tampabay.com/news/military/veterans/us-agrees-to-pay-billions-to-marines-affected-by-toxic-water-at-camp/2309435 Toddt is correct. I saw many Kidney (renal) cancer claims denied at the BVA but this is a winner: "ORDER The appeal as to the claim for service connection for a spinal cord disorder other than peripheral neuropathy is dismissed. As new and material evidence to reopen the claim for service connection for right renal cell carcinoma has been received, the appeal as to this matter is granted. Service connection for renal cell carcinoma, status post right nephrectomy, is granted. Service connection for adenocarcinoma of the colon is granted. Service connection for depression, as secondary to service-connected disabilities, is granted." https://www.va.gov/vetapp17/files5/1729711.txt The veteran had a superb IMO/IME. The full IMO/IME criteria is here at hadit i our IMO forum.
  15. Berta

    Who decides amounts of DIC?

    I mentioned I have another CUE claim- I have a lot to copy because I am sending it all to the new Secretary as well as to the Intake center. That way if Buffalo ignores my legal evidence, it will bolster my complaint to the Secretary...... I realised after preparing a brief history of my claims experience, that Buffalo VARO made errors on every single claim I have had. Almost all were violations of 38 CFR 4.6. I dont know if I am an isolated victim of their incompetence, but survivors have to make sure the VA considers ALL probative evidence they have sent to them. VA said when I was on ebenefits years ago that I had 53 issues with them. But I think they got that total frm ny H VAC testimony during Shreddergate.I sent the committee copies of53 tracking slips of evidence the VA ignored or shredded. Make sure you keep copies of everything you send to them and get a USPS receiipt for any snail mail you send. My VCAA 5103 rights were violated again, and that led to an additional CUE.( 2 in one) I will explain that in the CUE forum when I get time. DTA canot be CUE basis. The results of a DTA error (5103) can be.
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