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Berta last won the day on July 21

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About Berta

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    HadIt.com Elder/SVR Radio Panelist

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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. Trying to locate documents

    Not enough info---have you used FOIA? https://www.foia.gov/how-to.html I have used FOIA many times and have the signature of Ken Starr ( Lewinski-Clinton mess) on many appeals. One request took about 5 years to get the info- others reaped the info I wanted in mere weeks. You need to write to the "agency" or government depart that you believe holds the info you request. Be specific that you want a copy of the video as well as copies of any documentation and be sure to set a fee you are willing to spend up to-----if the forms ask for that. Be as detailed as you can be as to naming names and dates I asked DOL for some sensitive info and told them I would spend up to 200 dollars for it, but to let me know if it would cost more than that. I stated the info was in the interest of the public and they sent me a large envelope of info and I don't think they actually charged me at all. The DOL made a tremendous error and I got MUCH MORE than I bargained for.It helped me succeed on 2 of my dead husband's claims. Very sensitive stuff.They threatened me with a US Marshall coming to get the packet within 24 hours.I missed a bunch of yard sales waiting for the US Marshall as I had made copies of it all anyhow and didn't tell them that. So I called the NY US Marshalls office in Rochester and learned that no one from DOL had ever requested a Marshall to come here.I missed those yard sales!!!! VA, under FOIA once, revealed to me the entire employment applications of about 12 people,most all were already employed by VA, with their SSNs and everything. That info helped the VAMC director to act fast when I threatened to help my husband file a EEOC discrimination case against them.He was horrified to see what my FOIA got me. My point is you might find out a lot more then you know--- you might be denied the info, but you can appeal. FOIA is a powerful tool. Do you have contact info for anyone else in this training? Was the investigation public knowledge? You posted in the MST forum so I assume this is a MST issue for you- was it for any others as well? Please go over FOIA link carefully as I assume you might need to direct it to DOD FOIA office.
  2. Marina, I use Medicare and CHAMPVA and I only had one problem in years. But with a pharmacist-and CHAMPVA squared it all away,with a phone call. I chose the 50$ co pay instead of having the Meds by Mail deal.I do not foresee how you would have any change, since you signed up for Medicare. I get my meds at the same grocery store I use The local VAMC is closer than this store and I think I could even get them at the VAMC in person But I would rather pay the 50 bucks. Only once I had a problem and a new pharmacist told me that CHAMPVA would not cover a specific med. My only prescription is for atorvastatin to take only 2 pills a week. But I think I had a different prescription for something years ago and this was what the pharmacist said CHAMPVA would not pay for. I asked him to run it through CHAMPVA to check but he wouldn't do that, so I paid about 59 bucks to him, came home, looked up the med in the CHAMPVA handbook, called CHAMPVA, and then CHAMPVA called him and within about ten minutes later the pharmacist called me to apologize and that my 59 Bucks was waiting for me at the Pharm window.He was wrong-they covered it.....maybe some sort of antibiotic.....? forget I don't have or really need Medicare Part D. CHAMPVA is wonderful. No insurance covers new orthotics I just got,for severe pronation problems but they and Medicare cover my regular podiatrist's bills, and Medicare will cover a pedicure by a podiatrist every 2 months. I think they paid 60 bucks for my last pedicure, done after the doctor casted my feet. We have done radio shows here with Glenn Johnson, Head of CHAMPVA in the past and they are still in our radio archives. He gives out his contact #,on the shows and is very willing to help with any CHAMPVA problems.
  3. NavyGuy 2013 asked: "Has anyone heard that the VA retaliates against veterans for calling the White House Hot Line? " Not that I know of. When a NOD is filed it usually means something has been denied or lowballed...and maybe the claim was valid in the first place---yet now set for the long appeals process. To me ,every time the VA makes incompetent errors,to a claimant's detriment, they have already chosen to retaliate against that veteran. C & P exams usually cause the denial, making it even easier for the VA to deny the claim as they are not going to question a negative C & P exam. They are not paid to do that, if there is no IMO or private DBQ to level the playing field (Benefit of Doubt) I cannot comprehend how veterans have allowed the deficient and incompetent C & P exam system to go on as long as it has, forcing some vets to just give up and others to pay out lots of cash for IMOs. I think 2 or 3 threads today involved C & P examiners putting down things in the exam that the veteran didnt even say. VA pays for C & Ps whether done at a VA or via a farm out contract. The examiners know that the VA does not want or expect a favorable C & P. And the farmed out C & P exams are not available to the veteran until the claim has been decided.....as far as I know that has not changed and that alone is one more right the VA has taken away from veterans. If the C & P is so bad it warrants an IMO, a vet usually does not have the cash or the time left to get an IMO and stave off the long appeals process. I also cannot believe how afraid of the VA veterans are......and believe me they are counting on all of us to be fearful of them. For the first time in the 34 years I have been involved with VA,I believe we have a chance to change the VA with our input and how the BVA web site itself is proof of the systemic incompetence of many (maybe all) regional offices, whose work is easy if they can deny the claim and get it off their desk. knowing many vets might not live long enough to see a proper resolve. I got a horrific posthumous C & P exam (manipulated in a SOC long ago, as I learned from the doctor who wrote the posthumous exam) that made me wish I was dead when I read that SOC. 1997. I was angry that my most probative evidence had been kept from the C & P doctor- and he was very angry too when he realized what the RO had done. The dead veteran was my husband, who no longer could speak for himself-so I turned my anger into a very aggressive attack with more evidence on the VA.The denial turned into an award within about 6 months. I have never been afraid of the bastards. And that SOC is going to bite them in the Ass, in my next complaint to the VA...I will be using the email addy I gave here the other day for the new VA Accountability office, because that exam and SOC might be 20 years old but the VA has not changed their C & P MOS one bit , as we can see here by the week or day, on these posts. I have a more recent issue as well.....I dont think the exam for my last claim was even done by a real doctor. It didnt matter, that claim was awarded within days of a CUE I filed against the decision. Then again ,it would matter if that quack was handling similar C & P exams. It was absurd, medically. But if vets want to continue to fear the VA, it will never change and if they don't complain the Secretary will never know what we all put up with. I do agree that veterans need protection from retaliation just like the Whistleblowers do and I told the Hot Line that. But maybe I am the only person that even raised that issue. I referred them to my H VAC testimony and letters to the Chairman of H VAC on that. Has anyone else complained about potential retaliation as a claimant here? So be it. I have my own hyperspace "Article 99" to pull on them and that will take me away from hadit for a while. My neighbor can use my access here on my PC nerxt week if I forget to sign out but he is not allowed to post.
  4. CUE for Peripheral Neuropathy

    You do not have to file a Motion , just ask the VA to call CUE on their decision (if it has arrived within the one year appeal period- if this refers to a Regional Office decision. Motions for CUE are filed against the BVA. But I am sure it will be OK! Did you raise the CUE reg citation I have put in the CUE forums on this type of 'go cue yourself" claim.? One question: You cited Look v. Derwinski, 2 Vet. App. 157, 163-64 (1992). Do you have a hyperlink to Look V Derwinski? It is OK if you dont- as the quote might have appeared with tyhat citation in a BVA decision- and that would make it valid. I have never found a hyperlink to Look.....then again in those days I had to call COVA, promise to pay them a small fee, and then they would send me by fax the decisions I needed. Boy how things have changed. Dont forget- if they do not react favorably to the CUE, make sure you file a NOD before that one year deadline runs out. You are doing a GREAT JOB! I just hope you get someone at your RO who can read.
  5. to add. it would help if you post in your past threads....best actually just to stay in the original thread. I don't have the time to read them all and we forget the substance of them when one posts into a different thread. Was he exposed to asbestos in service? Asbestos can cause a form of COPD. I have older posts here on asbestos and service connection.
  6. I found an older 2016 post and attachments you had made in my profile---- Your husband posted this at hadit this past July: “ DBQ's should I get given Dr Ellis is already on board with Nexus for HTN as cause for the brain bleed, caused by exposures due to herbicides and insecticides used, and the COPD due to Diesel exhaust/CO2 levels/Benzene in the exhaust of track vehicles I worked on. Suggestions please.” https://community.hadit.com/topic/70148-waiting-and-waiting-for-dro-review/?tab=comments#comment-432707&gsc.tab=0 The IMO from Dr. Ellis will not help your husband at all, unless he has since done a better one…I am looking at the one that appears to have been posted in my profile and I hardly ever even notice profile questions. I assume that the claim is for the conditions above in the July hadit post. “HTN as cause for the brain bleed,” If your husband has atherosclerotic heart disease or diabetes, that can cause atherosclerosis, that could have caused the brain bleed. Or somehow it was “caused by exposures due to herbicides and insecticides used,” and you would need a very strong medical opinion that fully complies with the IMO criteria here, (1) that not only identifies the exact chemical or environmental exposures (with proof that he was exposed to them in service)and (2) the IMO would also have to rule out any other etiology but for his inservice exposures, and then (3) include a full medical rationale ( supported by abstracts or treatises, or other medical literature, and the opining doctor should attach a Curriculum Vitae that proves his expertise. “and the COPD due to Diesel exhaust/CO2 levels/Benzene in the exhaust of track vehicles I worked on.” This too would require the same medical rationale etc as above. Dr Ellis ( this is the second time I have seen a poor opinion from him regarding another vet member with COPD. I am shocked at how poorly your opinion was done as well. But no doctor doing IMOs for VA claims without a basic knowledge of the IMO criteria here, can possibly prepare a valid IMO, : (1) that not only identifies the exact chemical or environmental exposures (with proof that he was exposed to them in service)and (2) the IMO would also have to rule out any other etiology but for his inservice exposures, and then (3) include a full medical rationale ( supported by abstracts or treatises, or other medical literature, and the opining doctor should attach a Curriculum Vitae that proves his expertise. “and the COPD due to Diesel exhaust/CO2 levels/Benzene in the exhaust of track vehicles I worked on.” This too would require the same medical rationale etc as above. How the exposure to chemical X or fuel exhaust Y or Benzene, with n9oo other possible etiology, has caused the current disability(ies) Dr Ellis ( this is the second time I have seen a poor opinion from him regarding another vet member with COPD. I am shocked at how poorly your opinion was done as well. But no doctor doing IMOs for VA claims without a basic knowledge of the IMO criteria could possibly prepare a substantial opinion. “ not sure about going but decided my Nexus doc's curriculum vitae is very extensive and at best I think the VA docs may be MDs but with far less experience.” If you mean Dr Ellis, his CV might well be extensive, but the opinion from him that you posted in my profile is terrible.I only saw one page there...is there more to it? “Like I said I think I have given them ample evidence of the events with spraying not to mention the other pollutants and toxics he was around including Diesel exhausts. I hand carried it in to RO yesterday, and pending the info being reviewed we will see if this triggers anything. Hopefully they will move on it. I will see what the DBQ says in a couple of days I guess,” Perhaps the additional evidence will help support the claim…….. That would be great. But I do not see any medical evidence or medial opinion that directly connects any of his exposures to any of his disabilities. Has the VA already rejected Dr Ellis’s opinion? If so have you asked him to bolster the opinion by preparing it ,again, to follow the IMO criteria here at hadit?
  7. I think you should focus on the diabetes claim. With TDIU now, you would need to have a separate SC rating of 60% or more to attain any additional comp- such as SMC. Or if you feel the pain might be stemming from a surgical unanticipated event ( like the sponges the VA left in a vet recently) you would need a strong independent medical opinion to support that, and it would have to have caused a ratable condition ( ratable at least at 10%). For 1151s, not only does the negligence have to have caused a ratable condition, it also has to be proven. As I well know, negligence and malpractice are documented events in VA medical records but only someone with a medical background can determine that, with a full readings of the med recs, charts, blood chem reports, acronyms, etc etc etc....and even with proof, the VA will still deny if they can. The VA forced me ,after my husband died with his 1151 claim pending, to get a medical background.I could not find any IMO doc or even a FTCA lawyer to help me....they all said I could never succeed. Piss on them. So I did it all myself. and won FTCA/1151. Nothing is impossible but I assure you doing that takes a LOT of work and time. There is considerable info in our FTCA 1151 forums on negligence. VA saves lives every day. But they also have had some horrific malpractice cases. And they will fight these cases aggressively. I dont see the potential for a ratable award. The types of mesh caused many problems and lawsuits.
  8. PTSD DBQ with C and P

    Yes, I am sure that is possible. Apparently this was a VA psychologist who was treating him for PTSD. Plus the fact that his stressors might have been adequately confirmed and/or evident on his DD 214. (CAR, CIB, and/or PH) The doctorate only means he is a PHD. I hope all VA psychologists have a Phd. As long as he is a VA MH professional, his diagnosis (and possible rating remarks in the C & P) would warrant a SC PTSD award, if there is no doubt as to the veteran's stressors.
  9. We have had some aicd vets here who were awarded 100% ( some TDIU based on the TDIU regs) https://community.hadit.com/topic/54343-thailand-claim-approved-100-herbicide-presumptive/?page=2 https://community.hadit.com/topic/36327-implantable-cardioverter-defibrillator-icd/ As I understand 7011, you WILL get 100% P & T. https://community.hadit.com/topic/34837-what-an-icd-does-to-the-ratings-system/ Read the special note in the middle of the criteria as to the difference between rating a pacemaker and rating an AICD.
  10. VAAccountabilityTeam@va.gov and White House Hot Line veteran complaints 1-855-948-2311
  11. I have the new email for the Accountability Team: VAAccountabilityTeam@va.gov
  12. I felt my call got results. I called as an advocate but they pulled up some of my past claims issues. They called me back in 2 weeks to tell me my ideas ( I had been contacting VA Secs and the H VAC for years) had been incorporated into HR 457- in progress.....to change the claims process in better ways. I also got a nice card in the mail from President Trump thanking me for my ideas. The bulk of my call however was about the malpractice stats the VA has- that are inaccurate. 2 or 3 vet lawyers agreed with me over the years when I pointed out how these statistics have been manipulated. The Call back was from Secretary Shulkin's office. They are still looking into that part of my call. I have considerable evidence of my concerns, and told them what the OGC told me, as the reason my FTCA case was never reported to the NPDB. I referred them to H VAC testimony I gave (with evidence) and exactly where the actual malpractice stats are. VA knows where they are. I did a radio show here as soon as the Accountability Act came out. I think only one member here listened to it. A friend of mine who works for the VA listened to it too. There has been pessimism from the git go here on the changes the President and Sec Shulkin are trying to implement. I will no longer post any of the Friday VA reports on how many more are being canned at VA.I expect one within the hour. Fear of retaliation will not create change. The VA and POTUS has to hear from veterans themselves, to know what the problems are at VA. I hope more changes come within the next 6 months. It will determine my future in advocacy.
  13. IMO from Dr. Anaise, CKD

    Wayne, I went through that years ago when I sang praises to Dr Bash. Someone here kept calling Dr Bash "my Boy", and insinuated I was somehow being paid to say how good he was. I had read many BVA decisions that he opined on as Dr C.B .or sometimes as Dr. Craig Bash. I also have a copy of a letter from former VA Sec Mansfield to him, thanking him for his well prepared opinions that have helped many veterans. ( Dr B had gone to the General Counsel tyo complain because in one BVA case the VA (probably in the SOC) had referred to him negatively as "that neuro-radiologist" and tried to undermine his opinion. The original IMO criteria I developed here or maybe on the older hadit board , was based on exactly how he wrote his IMOs for me, and what they covered, with a full medical rationale. Dr. Bash worked for the VA himself many years ago, before he left for private practice and knew how they could deny, even with an IMO,if it was not well prepared. Dr Bash is not 'my boy"- he is "the Man"- if the claimant has the right evidence that the VA needs and if their C & P is the main reason they were denied. My claim was for death due to DMII.(AO) It only took 6 years..and .with another battle to get the cash.( it involved A LOT of cash )
  14. Brain Cancer and AO

    Right- but my point was that anyone reading Krause's article might think glioblastoma is a presumptive AO cancer. And of course trying to get compensation for it is certainly not on the Senator's mind. But I would love to represent him if he did file a claim !!!!! I would fight over the word " anywhere" in the regulations and make the point that he never left service and was still in the Navy before ,during, and after his release. The Agent Orange regulations do not differentiate between North and South Vietnam. They do not confine "set foot in" to anywhere below the DMZ. 591 POWs were released during Operation Homecoming in 1973. The “Hanoi Taxi”- a USAF C 141 , picked 20 of them up at Gia Lam airport The Hanoi Hilton POWs, others were sent to South Vietnam ( Saigon) where a C-9 A picked them up. It was days away from the Paris Peace Accord deadline when the " Kissinger Twenty" - the POWs at Hanoi Hilton were released. March 1973. TV cameras rolled as they walked past their captors to the USAF Officers waiting for them. Mc Cain hobbled up to an officer and pointed to one of the Hanoi Prison guards and said on live TV, "That guy is one of the bastards who tortured me!" In those days bad words never got on TV but his comment was not censored. In my opinion, although he could hardly walk from his injuries, and might have used a crutch when he first came out of the Hilton, Mc Cain certainly did have both feet on Vietnamese soil that day , -and the regulations do not cite South Vietnam only. "For the purposes of VA compensation benefits, Veterans who served anywhere in Vietnam between January 9, 1962 and May 7, 1975 are presumed to have been exposed to herbicides, as specified in the Agent Orange Act of 1991. Service in Vietnam means service on land in Vietnam or on the inland waterways of Vietnam. This includes Veterans who: Set foot in Vietnam (This includes brief visits ashore, such as when a ship docked to the shore of Vietnam or when a ship operated in Vietnam's close coastal waters for extended periods and crew members went ashore, or smaller vessels from the ship went ashore with supplies or personnel. The Veteran further must provide a statement of personally going ashore.) Served on a ship while it operated on the inland waterways of Vietnam" https://www.publichealth.va.gov/exposures/agentorange/locations/vietnam.asp
  15. https://www.va.gov/vetapp16/Files6/1645861.txt This is the same form of cancer I posted a link to in the AO forum today to clarify John Mc Claim's cancer as described by Ben Krause. Glioblastoma is not a presumptive to AO regulations or to Gulf War regulations. However, evidence is everything as the widow in the AO link and this veteran, as well, succeeded. NOTHING is Impossible. This vet had solid and proactive representation from their vet rep-------.........something we usually have to do for ourselves.