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Berta last won the day on December 15

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About Berta

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    HadIt.com Elder/SVR Radio Panelist

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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

    Blue Water vets-

    There is a link to a sample- but I suggest you email Suzie at: susieq7921@verizon.net , and put Re Blue Water Vets- and tell her that Berta at hadit.com gave you her email, because your dad is a BWV. She will keep you in the loop as well- there is a lot here on this issue dated back to years ago- Ask her to send you the pdf letter she sent to me-in email- I have to leave for church business-I posted a link to the pdf in the AO forum-and have no time to convert it to doc.
  2. Berta

    Blue Water vets /survivors Action Needed

    Also this is from Sue Belanger ,notable Blue Water Navy Advocate- NY: Just want to keep you in the loop. We are asking everyone to contact McConnell to give us floor time. You can call, email or fax or do all three. Maybe we can received a holiday miracle. Please pass along to all in your address book who support veterans. Please include Sen. Gillibrand/ Sen Daines letter attached. Susie Contact info: Hunt_Vandertoll@mcconnell.senate.gov, Phone: (202) 224-2541Fax: (202) 224-2499 Susie BelangerBoard MemberBlue Water Navy AssociationDeputy Chief of StaffMilitary Veterans Advocacy, Inc. file:///C:/Users/Berta/Downloads/BWN%20Gillibrand%20Daines%20Letter%20to%20%20%20%20%20%20%20%20McConnell%2014DEC18%20(1)%20(1).pdf------ letter to Senate.
  3. John- Carol Olzenaki called me recently, and hoped we could do a Blue Water Show with her and John Rossie- this week due to the major impediment to the bill. But before I called Jerrol on that- she called Rossie , who wanted to put that off until more might occur on this issue- lots to it. There is very little time left. I posted Sue Belanger's recent mail to me in the AO forum but she also sent me another one yesterday-I am calling Senator McConnell today- She means floor time at the Senate- I will put the letters i her pdf .into the AO forum "Just want to keep you in the loop. We are asking everyone to contact McConnell to give us floor time. You can call, email or fax or do all three. Maybe we can received a holiday miracle. Please pass along to all in your address book who support veterans. Please include Sen. Gillibrand/ Sen Daines letter attached. Susie Contact info: Hunt_Vandertoll@mcconnell.senate.gov, Phone: (202) 224-2541Fax: (202) 224-2499 Susie BelangerBoard MemberBlue Water Navy AssociationDeputy Chief of StaffMilitary Veterans Advocacy, Inc."
  4. Quick question...I had an appeal in thinking it would take years to see through to the end.  I filed another tdiu claim nearly a year later with new evidence.   Then RAMP came out, and I won.  I was awarded tdiu with chapter 35.  Can the later comp claim revisit my tdiu p and t?  Or is it protected?   I file a request to drop the claim, and I sent the ramp decision in.  Do I have anything  to worry about?

  5. Buck , every claim is in essense a claim for either Pension, or direct SC. They might award him a Wartime pension if he is Wartime and meets their criteria. Since there seems to be no potentiasl for SC he could directly apply for the pension and they are usually handled faster -by the Pension Management Dept, these days, than SC claims. https://explore.va.gov/pension
  6. Berta


    I think and type too fast----that isnt Big Sux- I meant the Big Six- AL, DAV, VFW, VVA, forget the other two
  7. Berta


    As I understand it( per former member Mike Harris ) the VA will allow anyone to represent any vet- but after the first vet they rep, they again need the VA's permission. I posted the actual info from VA here years ago maybe I can find it. Vet rps from Vet orgs such as the Big Sux get paid through the vet org. Lawyers get paid through fee aggreements- Accredited Agents are allowed the same fee payments as lawyers are. As far as I know others such as advoates here , are NOT allowed to charge vets for their services- I a local Vietnam vet was payng a former AL Rep (who got fired) and also another local VA vet to help him- They did nothing for him. I helped him myself, and like you Buck, I have never taken a dime from a veteran. My bipolar Navy friend, who had been here for dinner many times -friend of my husband, too- wanted to take me to lunch after I got him up from "0"NSC to 100% SC P & T. His retro was almost a quarter of a million. He was estatic.VA made th wife his payee but he said she was fully supportive of this: He meant lunch in Ireland with him and his wife- all expenses paid . I declined. It was an exuberate manfestation of his bi polar illness. Similar to what I found in his SMRS and NAV201 file-when he got a Captain's Mass.
  8. Broncovet- to clarify, GC Pres Op # 08-97, which I have attached link to and excerpts from here-clearly states that a vet who is SCed at 100% under 1151, and also SCed at 100% for direct SC can obtain ALL monetary awards for those two separate issues. We actually got a new member here who seems to be in the same position. You are right that no one has ever used that Pres Op - I am prepared to fight it even beyond the CAVC. The Pres Op has never been withdrawn or altered and does not say this applies to those vets with 100% under SC and 1151,' except for Rod Simmons or his accrued eligible widow.' The Pres op was prepared when 351 became 1151 under Gardner-and within months after the GC settled with me for wrongful death.(1997) and then after I had to call the OGC after my 1151 was again denied, that 1151 was awarded. Here is a key point : "In that opinion, we clarified the statement in VAOPGCPREC 80-90 that “all veterans’ monetary benefits payable for service-connected disability or death” are available for disabilities compensated under 38 U.S.C. § 351. We explained that the statement “was generally intended to encompass all disability and death compensation and DIC benefits,” but not necessarily all other ancillary benefits available to veterans suffering from service-connected disabilities. VAOPGCPREC 100-90, at 2-3. We stated that “section 351 entitlement may also provide entitlement to certain ancillary and special service-connected benefits depending upon congressional intent.” Id. at 3 (emphasis in original).” OGC Pres Op 08-97 ( 80-90 says the same thing but 351 was changed to 1151 and had to be clarified again by the OGC- due to the Gardner Moratorium I was in.) I dont care about the additional DIC-and I get DIC and every ancillary benefit there is but my husband made me promise many years ago to go after them for everything I was eligible for if they killed him.His 1151 was pending. He died 4 hours later, very suddenly-and he was right-I went after them and proved they killed him. As I mentioned, it did seem that the Nehmer Division paid 6 months of the 100% P & T under 1151, due tyo th Pres Op but the director of my VARO - who I have dropped a dime on, told me he died with 100% Total but Not Permanant for the 1151 stroke. This was not an issue when they awarded 100% P & T for his SC PTSD. This is the crap they could pull on any surviving spouse. Say the vet had 100% SC for ten continuous years or more but dies from a NSC. The director of my VARO could call up and tell the widow he was Total but NOT Permanent when he died, and deny the claim, under the ten year rule.My RO director called me twice to accept that BS. All 100% disabilities , if continuous to death, become permanant after death.I sent them a BVA statement to that affect. All of the eviddence they ignored ( most from VA itself) says his stroke was Total AND Permanant.As an 1151 issue, I proved VA provided no care prior to it or any significant afterwards for the stroke, and proved His HBP was 1151 as well.3 years ago,. Malpractice has a long consequence that costs the VA $$$$$$$$$$$. But they are taking away our 1151 and FTCA rights by populating the VAMC with contractors, not VA employees, yet who say they are doctors and they work for the VA. The Choice program is a mess, but any vet who gets Medicare has the best choice they might ever make-to leave the VA system and get a real doctor. MY neighbor( 20 years Ret,) can hardly walk.VA told him he has so much arthiritis in his hip he cannot get a hip replacement. Either he refused to get one long ago, or they simply never considered one, as his arthritis advanced. I am sure it could be SCed to his 10% SC he has now (DDD) or he is too afraid of them to file 1151. So be it. He could get CRDP if he gets the 10% to 50% or more. Per what he says, his SSDI is solely for the 10%. yet he wont go back to his POA to re open his claim.
  9. Berta


    Yes- Alex is right- I have written a few claims for vets as well as NODs, (I am not a volunteer VSO , and never say I am, I am an advocate)- some here with CUE basis, but only for them to tweek the claim, and they themselves have to sign and file the claim. One of those vets was my daughter.I sent her a NOD I wrote for her, that contained a CUE to copy, sign , and mail herself. within a few weeks she got the proper award ( VA EDU DEA matter- VA Education Dept is sometimes an oxymoron, The person who handled her Cert of Eligibility could not read and awarded her one month of DEA instead of the Seven years she served in the USAF. My former socalled vet rep asked me to help him with some claims years ago- I did, but meantime he was messing up my claim, that he saw no basis for....long story- I ended up filing a 43 page complaint against them and their director-on got demoted, the rest are gone, the director was replaced very fast. And I won the claim. I think it is great when advocates help vets- that is what we do here- but when they have a POA, don't let the POA stick you with all the work. You dont get paid to help- a VSO does get paid. Also think about taking the NVLSP course on Basic 101 Vet claims etc- I forgot to buy the new VBM, will do that today.have bought them for 21 years- NVLSP gives me ,and anyone they know who does good advocacy for vets, an advocate's discount on the purchase. VBM Veterans Benefts Manual ( dedicated to us as well) NVLSP National Veterans Legal Services Program ( They won Nehmer, repped us Nehmer claimants, , in the Class Actions for Nehmer and their representation was free)
  10. The NOD is your first avenue of attack. It is the most important document you need to file, after a denial ( or in my case, even after award decisions came.) Keep it as short as you can-and refer them in the NOD , to the attached evidence, that supports every disagreement you state. I use legal exhibit stick- ons but Any type of yard sale sticker will do too or write clearly the Exhibit number on the document as evidence, and then also add the page number.- and put the Evidence List at the bottom of the NOD. Put your name, and C file # on everything you send to them- I use my address stickers for that . A C & P exam might be full or errors, but that never raises to the level of CUE. C & P exams can be questioned right away , by requesting a new C & P exam.But at this point that would probably not happen within the NOD deadline If VA used the wrong diagnostic code and/or the wrong % of rating based on the evidence they had, compared to the VA Schedule of ratings, it can possibly raise to CUE level, when the VA made a legal error ( based on their interpretation of the C & P exam) on the rating sheet. You can start the NOD wth "Your ( date) decision for my ( ) disability is wrong because of the following facts and I have enclosed my evidence for that , as Exhibit A ( 3 Pages). Also my other claimed disability of ( ) was rated incorrectly because of the enclosed evidence Exhibit B ( 2 pages) that reveals this medical fact , ( ). Go over the decision carefully to make sure you are sending them evidence of exactly why their rationale was wrong, as they stated it in the decision. For some of my claims ( the last ones were all CUE claims) I scanned and put into the claims, their exact statements, then add WRONG, and told them why ( in the case of the CUEs) and then scanned the actual regulation they broke, due to the CUE. I have not needed to file a NOD for many years, so others will chime in on their suggestions as to how to prepare them. One thing I have always done....is to review whatever I send them and edit ,often many times,it to be as short as possible.Then I always take a break from it,for a day or two, more if possible, and review it again.,to be sure it covers the issues well. I have never sent a NOD without evidence. I List the Enclosures at the bottom of the NOD or CUE,with brief description such as on my last claim: Enclosures: Copy of your March 2015 award letter ( Exhibit A 1 page) Copy of VA General Counsel Medical Review request ( Exhibit B 2 pages) Copy of VA Central Review by Dr XXXXX XXXXX dated ( ) 3 Pages. Total Enclosures : 6 I had pasted the regulations they broke via scan, into the brief CUE claim. Cue Award April 2015 -it is still wrong -I have CUE pending on that. But you can file CUE anytime- the NOD is what is important now. When the MEB results come, yu can send that in with a 21-4138 Statement in Support of Claim.
  11. I think someone, not here, told you that you cant have two issues at once with the VA???? The MEB and the VA claims issues are separate- in that respect the MEB will help the VA claim- Many vets file a VA claim and also have a MEB going while they are still in. You can file a claim for any disabilities you believe they should SC. I have filed VA claims when I had other VA claims pending-if that is what you meant.
  12. Berta


    Great they SC ed the Narcolepsy -but only at "0". Sounds to me like they should have considered treatment records since 1987- But wont help this vet's EED- for any big retro , yet it will help with a proper current rating The SMR pdf. is dated 1987 But I am guessing- can you scan and attach the deision here and the evidence they used, with his permission, or can he join us?
  13. "By the way, I was told by that representative, that the VA IG does not perform any internal audits of VA processes". Maybe the 'representative' does not know that all OIG investigations are online. OIG however does not want to get involved with individual claims issues and can only make recommendations to VA entities to resolve their problems. However I have filed complaints with the OIG but the best bet is to file a complant with the OAWB- Office of Acountability and Whistle Blower protection.I have a complaint pending with them. "I have solicited the VA IG, Senator Hassan (NH), House Armed Services Chairman, and all have failed me. I have been exploring an age discrimination action, but that requires a lawyer and I cannot afford their extravagant fees." Contact the Sub Committee on Memorials and Disability-under H or S VAC web site. They accepted my testimony into the record for the Shreddergate hearing. Also I used for my main complaint to the OAWB- a letter I had set to the H Vets Affairs Committee years ago- with no response at all. My complaint is mainly against the Office of General Counsel, and the H VAC letter and my H VAC Sub Comitte testimony supports it, Also I sent them 3 GAO reports and other significant stuff- You need to narrow down your complaint however to whatever you believe the VA did wrong, with evidence. Age discrimination? I dont understand the basis- however I did all the legal work for my husband against a federal contrator, when the ADA became law.(Americans with Disabilites Act.) The ADA EEOC lawyer called him but he was in Day treatment at the local VA and the lawyer asked me who prepared the complaint, and when said I did, he asked if I was a lawyer.The evidence I had was from over a 4 year period and quite extensive.This all had involved 17 prior complaints to DOL under the Vietnam Veterans Readjustment Act, I had prepared for him with 17 responses that the contractor had not discriminated. A few months after filing the ADA case, their lawyer called me, to tell me my husband had won what he was sure had been the very first ADA case filed in NY.( I am sure too-I waited on the post office steps for the PO to open on the frst day the ADA became law, to send it. The federal contracftor had to pay him restitution for the discrimination. The ADA lawyer me I had got them many times in the 17 DOL complaints- but they did nothing- the Vietnam vets readjustment and rehabilitation Acts were just a crock of crap- but Vietnam vets thought they were laws with teeth.Some of my evidence for discriminatiion came from the VA under multiple FOIAs I sent out. The VA had information on the hiring practices as to disabled vets , from every federal contractor in the US. That evidence was superb. If you are willing to do the legal leg work, you might not need a lawyer. EEOC has info on the net about Age discrmination.It just cost me copy fees and mailing fees to file the ADA case. But discrimination cases dont work against the VA claims system. They do work against the VA in hiring situations.Been there ,done that for my husband too. I told the director of the local VAMC that would be my next move ( EEOC) ,showed him the evidence I had, and within 20 minutes my husband was hired by the VA, and within the same day their personnel director was fired. Your issue seems very complex- but you seem very willing to fight back.. That is what it takes....and Evidence is Everything,so leave no stone unturned. .
  14. " I was advised the coding error has been corrected and closed out in the beginning of OCT 2018" GREAT! I wrote to former Secretary Shulkin some years ago about two specific changes , as an advocate, I felt were needed to M21-1MR. A nice call from his office revealed they had put my suggestions into the Modernization Act, implementing M21-1 MR- n 2015 and I just linked a new member here to one of those changes which could help him- and forgot what the other change was - you reminded me. My suggestion ( and I gave any examples for this from my personal experience to the Sec) is that CUE claims are increasing the backlog and many if not most of them are as valid as all of my CUE claims were. I suggested that VAROs should have a well versed claims expert to give decisions a final checkover to see if they contain any legal errors that can and should be corrected while the claim is still with the RO. It takes me mere minutes here to determine, in some posts here, if the VA has comitted a CUE, when the veteran attaches their actual decision. The minimal time spent by an experienced VARO reviewer to do this, before the decision goes out, would help stave off the backlog because the historic info at the BVA web site (since 1992)reveals that more and more vets are filing valid CUE claims- and these are based on VA legal errors that should not have happened in the first place at the VARO level. The M21-1MR changed that-a senior RO claims person is supposed to rview all their decisions for CUE- however, I know that does not happen as much as it should yet vets here here have noted that RO has caught errors (wich holds up the award but is far better that not even addressing the CUE at the RO level. You took the bull by the horns and told them of the coding error- I commend you-the VA can fix some errors in a heartbeat-otherswise a legal error ,if not picked up by the RO or by the clamant themselves, (been there done that myself) will hinder the claim . or cause a continuous detrimental $$$$ affect to the claimant.
  15. "I think I have a good shot at the NOD via DRO process. I have an LOD that service connects it and doctors visits every couple of months from active duty until now that show symptomatology. A couple of recent DBQ’s as well and some glaring factual misstatements from the VA examiners report. Most of the evidience is new from the original claim. If I go the NOD route I will probably look for an Attorney and go that route. " The LOD can support the NOD- I would, if I were you, file the NOD and refer them to the evidence you mentione above- the LOD, the DBQs , and by all means aooeal in the NOD this BS: "glaring factual misstatements from the VA examiners report. " Vets are getting fed up with lousy C & P exams and a recent GAO report ( they could use that report as evidence) might get some impetus for them to get the whole C & P situation changed. "Most of the evidience is new from the original claim." I think however that a Reconsideration Request might be a better idea- Not sure- The VA ( formr Sec Shulkin) used my suggestion in the Modernization Act to prevent a recon request from causing a denial, if the vet did not fle a timely NOD , after making this request. It is now in M21-1MR that if the Reonsideration Request is denied, it will cause the VA in the denial to give appellate rights again- I had made a strong statement to the Sec ( based on my personal experience and what I have seen in many vet's cases) that the VA- (words to this affect) used to piss away a NOD time frame, because the vet or survivor like me thought they would award the claim based on the request and the evidence that held, but ,as it was I had to file a NOD at the very last minute-SMC CUE claim. I will find the M21-1MR change that my letter to former Sec Shulkin prompted and post it here . Can you scan and attach the denial you are Nodding? Cover file # and name prior to scanning it. (personally I would probably file both a reconsideration as well as the NOD-) yet , we need to see the denial to see what would be best- http://www.benefits.va.gov/WARMS/docs/admin21/m21_1/mr/part3/subptii/ch02/M21-1MRIII_ii_2_SecG.docx The change ( which was exactly what I asked Secretary Shulkin for) is at this link, M21-1,Part III, Subpart ii, Chapter 2, Section G, under "c". My concern is that they might want a new claim filed, as a "re-open" but you are within the Appeal period until February- so I hope a re-=open can be avoided, since you still have time. What I mean is explained here. https://community.hadit.com/topic/72150-recon-request-vs-re-open/ PS- I asked for comments on another post I made as to the M21-1MR change here and no one commented. It was a highly important change- to our basic rights- as claimants. We had a VSO here years ago arguing with me over the older regulation.Some of his vets lost their claims because of the advice he gave them.After I linked him to some BVA denials, regarding the same issue, he left hadit-he had told them the Recon Request stoped the NOD clock. For decades that was NOT true until the VA changed M21-1 with the above link. I have asked the VA to do many things, as an advocate , for veterans.They made 2 major changes to M21 due to my input, in 2015, and I am asking them for more-but would appeciate if anyone here wuld read the M21-1 link and comment on it- If we want to help vets with the best advise they can get- we half to keep up on everything that changes basic VA case law and regulations. Also out VA SRD is out of date- maybe a mod can put a better link in that forum.

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