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Berta

HadIt.com Elder
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Berta last won the day on August 14

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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
  • 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. This absurd situation has escalated into my personal email. Alex hides behind this disclaimer at the bottom of the lengthy email he sent to me - because he was afraid I would post it here. "Notice: This e-mail contains information from the Office of Gordon A. Graham which is confidential and/or privileged. The information contained in this message (Including attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521, and may be legally protected from disclosure. The information is intended only for the receipt and/or use of the individual or entity to whom it was addressed. If you are not the intended recipient any disclosure, copying, distribution or use of the contents of this e-mail is strictly prohibited. If you have received this communication in error, please notify the Sender immediately by replying to the message and deleting it from your computer.Member-National Organization of Veterans Advocates." I am not a bit threatened by that and will share it , but with my lawyer. He will be home from Bermuda next Tuesday. Someone here should have handled this situation long months ago. I thought that was what Moderators were for. My CUE advice here is solid. But take it or leave it. He even questioned the CUEs I have had personally- that tells me he knows NOTHING about accrued survivor Benefits....either.
  2. Kanewnut said in quotes"I’m on a “Mission from God” to help Veterans (to plagiarize John Belushi)." This is from Alex's web site here: https://asknod.org/2019/08/21/vas-ama-i-think-im-turning-japanese-at-least-i-think-so/ Under " Arrogance", the commenter is referring to hadit. "Gary Butler says: August 22, 2019 at 04:45 Personally with your website I find no need to go there. However, just for chucks and grins I went to the root of the website. Maybe its just me, I clicked on every single hot topic and every one took me back to Google with a search on Tinnitus… Anyone get the same result as me? Spend your time here it is a much better source of information!" --------------------------------------------------------------------------------------------------- I feel Alex should not be garnering public criticisms of hadit, at his own site, which is available here, just because he was wrong about CUE. Months ago I asked here two or three times or more, for others to get up to speed on CUE. I had realised that he probably had a Google alert that said CUE Berta Hadit. He would immediately show up here and demean any advice I would give anyone with a new CUE question. I have put up with that many times in 2019 , and maybe it happened after his knighthood by the CAVC, in 2018 as well. I no longer have to put up with it at all. I am glad that others have disagreed with his advice and they were right- but unfortunately they and hadit are part of a discussion at his website, that I feel is very inappropriate. Of course he didn't put in the whole thread-just his boo hoo side of it. And I don't think he mentioned any of us by name. Or specifically hadit. Except for the Logo and the Radio shows he has done here. He just copied some of the posts from this discussion. Then again I will go over his entire site to see if he garnered hadit put downs in the past. Or used my name or my advice in any negative way. His site is available here at hadit. edited to add: He did mention one name- "Dawsonatl’s decision"- they know he meant this site. .
  3. SPO did you post the decision here somewhere yet? I believe you are the same SPO who won a CUE before? We have a member who has, TOO many times, tried to argue over my CUE advice. My advice is based on many CUEs I have won, plus years of reading BVA CUE decision, and having the VBM ( NVLSP)since 1991. In order to avoid being drawn into a ridiculous argument with him again, (his legal advice on CUE is always incorrect, and others know it) I think maybe someone else should help you. The CUE will be in the decision and /or the Rating sheet. Many here do know what is and isn't a valid CUE.
  4. I won three in less than 30 days. 38 CFR 4.6 was all I needed.Also Allan 2005 and SPO followed my advice and won their CUES very fast. Kanewnut- I have not gone over the entire thread again yet- but did I catch that a VA rater made a medical judgement stating you could do sedentary employment? I think you quoted the law that says they cant use their own judgement- but in any event you get SSDI for your SCs- so you can use this reference from SSA: "How Does Sedentary Work Impact Your Claim? In part: "To receive Social Security disability benefits, you must prove that you are completely disabled. To be completely disabled, you cannot be able to perform even sedentary work on a regular basis. Because sedentary work is very light duty, it may be more difficult to prove that you are unable to perform this kind of work regularly. However, if you can show that you are unable to stand or walk two hours out of eight hours, sit six out of eight hours, or lift as much as 10 pounds repeatedly, you can prove your case for disability benefits." https://www.disabilitybenefitscenter.org/glossary/sedentary-work "11 hours ago, dawsonatl said: I have to respectfully disagree, if I would have followed this advice verbatim I would not have filed my CUE and won it" I hope No one follows it.Fortunately we do have many here who actually understand CUE- Kanewnut, dawsonatl, GeekySquid, others here as well and certainly our new member Mieka: I just hope she returns. This award of CUE came from a Higher Level Reviewer.
  5. Mieka , I realized I had commented to you in my word program but never posted the reply here: https://community.hadit.com/topic/75371-senior-reviewer/page/2/?_fromLogin=1 And here: By all means if you feel the evidence would warrant a better EED on the CUE award, definitely file a CUE on the award. I have a EED CUE pending on an Award of a CUE. Their EED error is ridiculous. I moved this all into the CUE forum. Easier to find.
  6. The VBM has copyright nuances-I scanned the page and put it here only for the M21-1 references and citations. The M21-1 citation on those other citations is all he needs. If you are interested in purchasing this manual , for $ 213.00 , go to: https://store.lexisnexis.com/products/veterans-benefits-manual-skuusSku12734 If they know you at NVLSP, they might give you the advocates discount.I get it but forget how much it is. NVLSP- National Veterans Legal Service Program- they won the Beverly Nehmer Agent Orange Class Action case. And other class actions.They are a Pro Bono law firm. Personally I would probably only have cited only 38 CFR 4.6 This vet has a letter from VOC Rehab- saying that program is not feasable for him due to his SCs, or words to that affect, and also this vet gets SSDI solely for his SCs. I think it is a Beautiful CUE. Could still be shorter...however. I learned a lot about CUE by reading the VBMs for the past 28 years- their first NVLSP VBM publication was in 1991. But I am not here as I mentioned before, to argue with what is or isn't a CUE claim- this type of argument came up a few weeks ago---- I am tired of having to support my own advice. because my advice is based on VA case law and my own CUE winners.And those vets here who succeeded in CUE because of my advice. My first CUE was in 1997, written for my daughter. They immediately reversed. VA Edu Dept forgot to consider her 7 years of military service under Chapter 35. They had her DD 214 so all I needed to do was to send them the same regulation that was on her Chap 35 APP them (and I am willing to read all of the past posts in every thread-something many here don't do-with that unwillingness to read the entire threads, they could get a great job with the ROs ) All he really needs is to cite 38 CFR 4.6- maybe throw in the COVA/ CAVC decisions citations but I am pleased to see Anyone here taking the time to really study VA case law as kanewnut did. When I won my last CUE the Director called to apologise to me that they had not granted under Benefit of doubt, on the denied decision. BOD kicks right in when a CUE is awarded. BUT I will take a little vacation from hadit and you "experts" can figure it all out.
  7. It should be explained in this: http://www.benefits.va.gov/warms/docs/admin21/m21_1/mr/part4/subptii/ch02/m21-1mriv_ii_2_secf.docx about half way down. They also cite ( in the VBM) Foster V Derwinski and Gleicher, 2 Vet App at 28-29. I want to review the Equipoise situation- but storm is affecting my satellite connection
  8. exactly where do you find this sentence in any VA regulation or law? if you don't have that then rephrase this to something like" I threw that into the CUE I wrote above---- I have used that in my own claims- It is a common sense statement- then again Common sense alludes the VA- This page from the 2018-2019 VBM makes the same point-----is is a very large manual and probably didnt come out well- I can fix it - the citations are the good part: VBM VOC REHAB 2019.pdf
  9. Ms. Berta  I have a question, 1. Why would the va send me to sa exam and sleep disturbance exam (claimed condition sleep apnea) Sleep disturbance exam at least likely as not primary insomnia stated Panic disorder stated , sleep apnea exam less likely than not drs rationale in question snoring at 10 years old apneas info from buddy statements, no actual medical diagnosis until 2015 I wish I could send you my entire case my IMO The DBQ,s  I feel a denial coming  what do you think?             

  10. https://community.hadit.com/topic/68290-ptsd-exam/ ( 2010 PTSD regulations)
  11. You have a 50% SC now for MH disabilities- what actually was the newer claim for? VA only pays for one MH issue- did you send them evidence that would possibly garner a higher MH rating? Did you claim TBI due to the accident? You stated: ." Now, I'm curious as to how they separate out the PTSD claim and why? Is there a specific reason they wouldn't want to SC the PTSD? I had 2 IMO's stating I have PTSD, one from a psychiatrist at the VET Center in Florida and another from a psychiatrist in Venice, FL." VA only pays comp for one MH issue.The comp can increase if the veteran can prove they fit into a higher rating for what the VA has already SCed.Such as if the medical evidence shows that this disability of "depressive disorder" has gotten worse: "unspecified depressive disorder, claimed as chronic psychiatric disability and as post traumatic stress disorder" To me that only means you claimed PTSD and a chronic psychiatric disability, nd the SC is for the unspecified depresion disorder. I am glad GeekySquid PMed you- I dont think this would be a problematic DBQ unless they propose to reduce the 50% MH you get now. Then again, it is difficult to opine on this without seeing the actual redacted decision, and the evidence list. And besides you have a lawyer who said you were not diagnosed with PTSD. " I had 2 IMO's stating I have PTSD, one from a psychiatrist at the VET Center in Florida and another from a psychiatrist in Venice, FL." As someone here stated, the VA will only accept a PTSD diagnosis from a VA psychiatrist, but , as Asknod has said, I think-sometimes that can be reversed with a strong independent medical opinion. The DBQ doctor used the 2010 PTSD regulations. I have been dealing with PTSD vets since 1983 and I believe the doctor's DBQ was correct. The 2010 PTSD regulations are here. Only about 600 vets and advocates, lawyers, and VSOs protested the regulations, as to the required "VA Diagnosis of PTSD".Only 3 of us here protested that part of the regulation in the Federal Register. PTSD has specific and unique characteristics, as well. I feel, if the depression has gotten worse, that is what you would need an IMO for. The comp ratings are the same for all MH issues. But that is my opinion, without seeing the VA decision.
  12. Do you also have chilblains as secondary to the Raynauds? if so that should be claimed. Also these posts are from the same vet who also has Raynauds and something there might help: He has rating info as well butt I dont know if that has been chaged by VA since his posts. The VA Schedule of Ratings here will show what Diagnostic code the VA uses and the current ratings for Raynauds. I bet half of these raters could not even find Afghanistan on a world map. Obviously the C & P examiner didnt have a clue either. Years ago a male veteran got a C & P for either PAD ot PN or some sort of leg injury and the examiner was a gynecologist. Your decision, if we can read it here, might contain a CUE. Have you googled the C & P examiner to see what type of doctor they are?
  13. The form was revised since and appears mentioned in older BVA decision- but I could not find any of the older forms- Actually many here would probably have that form in their C file--if they applied for benefits around 2000 or a few years after or years before. I went to check my husband's older records (but I remembered only his PTSD award letter 1983) was there- His PTSD claim was prepared with a Buddy statement from the Newark NY director( who also was a psychiatrist and at the scene of a horrific Marine Corps Volunteer job in Vietnam. The director told him only those there would have known the details my husband knew. I don't remember what form they filed but I guess it had to be a 21-8764. I am sure others can help find this form for their initial VA claim.
  14. You are certainly correct- Raynald's is a Chronic Presumptive. https://www.hillandponton.com/presumption-of-service-connection-for-chronic-diseases/ "I explained to the rater that while Raynauds may not be secondary to what my VSO filed for the cause was unknown as the DBQ from C&P stated." VA BS " So the examiner said it was less likely caused by my military service. " More VA BS. The "examiner" probably did not have a single clue on Cold Injury Protocol or even how cold it get in Afghanistan. Can you tell me the dates you were there,in the mountain areas?And the names of where you were? I did a thesis for AMU ( this is a war college) and picked "Operation Overlord."( D Day and Ops Neptune) The weather in the first week of June 1944 was controlling not only General Eisenhower but also Hitler- I able to find the actual weather maps for the week of D Day and even the temps- I also just found this: https://www.afghanistans.com/Information/Climate.htm The lowest at Hindu Kush was minus 9 degrees in this article . This site also has a forum. Also there are plenty of Maps of Afghanistan on the net and this one highlights the Mountain areas: But what did the VSO actually file for? We have at least one more or Raynauds syndrome veterans here. Did you get a Pre Discharge Cold Injury Protocol Exam? It would be in your SMRs. https://www.benefits.va.gov/PREDISCHARGE/DOCS/disexm09.pdf You need to appeal this- but can you scan and attach the denial here, with the evidence list? BUT it might contain a CUE---and if so a CUE claim within the appellate period can go faster than an appeal- Cover your C file and name prior to scanning it. Still- the way the vet rep worded the claim concerns me... What SC do you have now that this could be secondary to? It should be direct for direct SC. You can win this.
  15. Can you scan and attach the denial here to include the evidence list? Cover the C file # and name prior to scanning it. You might not be missing anything- maybe the VA missed something. "and was given a diagnosis of chronic PTSD"-was this a VA psychologist? Perhaps he/she would be able to do a DBQ. With the evidence you mentioned it is hard to believe VA did not grant the PTSD claim, but as a hardcore claimant myself, that has happened to me multiple times....and to many others here. They have the evidence they need, but VA does not consider it. Was the buddy in the same unit, same time and place, and did he give a detailed eye witness account, that put him and your husband at the scene? Did the buddy give his contact info to the VA?
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