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Berta last won the day on February 19

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About Berta

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  1. Multiple myeloma is an Agent Orange presumptive condition. Are you an incountry Vietnam vet or is the ship you might have been on during the war on the AO presumptive ship list? (To include other types of water vessels in addition to ships) This is a widow's claim that was awarded due to a nexus that a VA doctor made as to benezene and multiple myeloma. The case doesn't tell us much but the VA doctor ruled ouany other etiology but for the benezene exposure- even in light of conflicting data in the medical community.then ...which might be far more probative now. https://www.va.gov/vetapp14/Files3/1424137.txt This is a more recent case whereby the veteran succeeded. There are some significant abstracts and medical references in the case to grant his multiple myeloma as due to inservice exposure to benezene. https://www.va.gov/vetapp12/files5/1230710.txt Brncovet is correct- if not due to any AO exposure you had, these cases need strong IMO/IMEs.
  2. Yow - you got them----( in my opinion) and this is very much like the bipolar friend's award I mentioned. That is all good evidence......they Might do it right- but my husband should have seen his 100% SC PTSD in his lifetime because they knew of his SSDI award for PTSD but never obtained those records. "I have VA treatment notes that were used in that 2003 denial where my psychiatrist states I have been awarded SSDI." Thye only reason my accrued claim for posthumous PTSD rating on the claim he had filed before he died, was when I showed his shrink the SSDI award and the shrink wrote a letter to that affect to the VA ( telling tem also that all of his therapy records, MMP, etc lots of MH tests, and hypnosis sessions should be in his VA medical file but he gave copies of them to me to send in. Within weeks the award letter came. My husband filed the claim in 1992. VA ( 800#) in April 1994 said to call back in 6 months and they would have a decision by then.VA was faster in those days and with the SSDI for PTSD I didnt think it would take too long. He called back and found neither one of his claims had moved at all. He became very upset and again told me to continue both of his claims ( the other one was a Section 1151 claim) if they killed him. 4 hours later he suddenly dropped dead and when I called VA 800# 6 hours later, to reprt his death the same woman he spoke to earlier was stunned at what I told her. The PTSD claim was resolved 3 years after he died. In 1997 and they gave him a 1991 EED-the same EED that SSDI gave him.. It didnt do him any good. His 1151 was resolved in 1998 because in 1997 I had also won a FTCA wrongful death claim and sent them the FTCA settlement I made with USA. They actually denied the claim again! They never listed the FTCA papers as evidence. I raised Hell and called the OGC lawyer in DC , he called them, they awarded right away. When I posted the Accountability Act of July 2017 here and did a radio show on it- there was some negativity here that it would help fix the VA. It took decades for the VA to FU itself at every level and might take years to be fixed. One provision of the Accountability Act means that VA doctors who see what appears to be medical negligence must name that doctor and report that issue. The VA has spent billions on malpractice over the years and I told POTUS that is money that could easily pay for a Wall. My long point here is this---the VA had my husband's authorization forms to get his SSA records. They never got them and even lied to my Senators and Congressmen teling them SSA refused to release them. I spent about 45 min on the phone to SSA in Baltimore only to find out they never got the VA request. We MUST check out everything we send to them and whatever they are supposed to get. I read BVA decisions many times during the wek and cant believe how many ridiculous errors they make- sometimes not even getting the veterans SMRs.... or denying claims due to the St Louis Fire- with NO evidence they even attempted to get the veteran's records....that were probably not even in the fire. We have to check everything we send them and check what they say they will do or did do ....Or get everything ourselves and make sure they have received it.
  3. to clarify for anyone reading this- there is no question at all of this veterans's EED : "Entitlement to an effective date of 11//2003 for PTSD w/bipolar disorder is granted." The BVA sent the claim to the RO to rate along with: "Entitlement to an effective date of 11/20/2003 for residuals of a fractured left ankle is granted Entitlement to an effective date of 01/24/2004 for a back disability is granted" The question involves the proper rating for PTSD w/Bipolar. VA was aware of his SSDI award when they denied the pension claim, rating this disability as 70% NSC for pension purposes.. a SSDI award for one disability is a Total disability. I think his award should be 100% And maybe P & T for the PTSD/Bipolar-back to 11/2003 (the EED BVA gave him) Any input from others?
  4. I went over your thread again and now think maybe it would be a Very Good idea to 'remind" them on this: "As you know service connection was denied in 2004 but Non Service connection was granted for bipolar disorder at 70% permanent and total for pension purposes. ALSO, three months before that rating decision I was awarded SSDI solely for bipolar disorder. I have been on SSDI since 2004." and: "The pension claim was granted in 2003 but disallowed because 3 months prior to the notification I never received I was awarded SSDI for Bipolar Disorder and panic attacks. I never received any pension funds because my income was too high. The calculator suggests retro nearing what your friend received. That would end our financial problems for sure." You could use the 21-4138 and attach a copy of the Pension denial due to 'high' income-----if my assumption is right..... Was the high income solely due to your SSDI award? If so they stated that fact and/or listed it as Evidence, (meaning the SSDI award) meaning they Knew in 2004 that you were on SSDI for the same SC condition that they awarded in 2015 - the SC bipolar condition. I should have known better weeks ago when I read the earlier posts..... High income can mean many things---but than I remembered something- all initial SC claims and DIC involve consideration of a VA pension . My initial DIC claim considered me for a widow's pension but was denied because my income was too high.....at that time I received a SSA Award for my daughter ,under 18, and what SSA calls a "Mother's" Benefit,too as we were survivors of a deceased veteran----long ago----when they finally awarded DIC, the SSDI benefit was not an issue. I Apologise that I just realized that----you have a denial of pension, due to income ,but now I assume this was solely based on the SSDI award for the same MH disability! If so- I change my advice to wait for the decision and think you should let them know on a 21-4138 right away, with a copy of the pension denial letter. I would send it (if you dont use ebenefits) via Priority USPS and get a trackling slip ( to prove from the USPS web site that they received it) Geeeezzzz !!! I hope this was the situation- pension denial solely due to SSDI for same SC.
  5. Josephine had quite a battle with the VA many years ago.As I recall she obtained a superb IMO/IME and won her claim. I just clicked on her profile and saw that you did that too- I guess there is no contact info for her here.
  6. This Feb 2016 VA Blog indicates that you can submit evidence anytime prior to BVA transfer which the VARO will 'reconsider'. That evidence should be anything the VA has not considered or incorrectly interpreted , and ask them why they did not use DC 7122. "You have 60 days from the date the SOC is mailed to you to file a VA Form 9, Appeal to the Board of Veterans’ Appeals, if you wish to continue your appeal to the Board. Any time you submit more evidence after the SOC or before the Form 9, VBA must conduct another review of the case and issue another SOC – this one called a supplemental statement of the case (SSOC) that includes the additional evidence – or a rating decision, if the additional evidence allows VBA to grant the appeal. This must be done each time you submit new evidence after the SOC. I have seen appeals with four or five SSOCs. Keep in mind, each time you submit new evidence it triggers a new review. It’s like starting all over again in the appeals process. Each new SSOC can add up to 400 days to the appeal, so my best advice is, submit all available evidence to support your appeal when you file your NOD." https://www.blogs.va.gov/VAntage/25738/the-appeals-process-appeals-at-the-regional-office-level/ ·" If an SSOC is sent before the receipt of the substantive appeal, then the claimant has until the later of either 60 days from the mailing of the SSOC, or the remainder of the one year period from the date of the original notification to perfect the appeal with a VA Form 9 or substantive appeal." ·: If an SSOC is sent after the receipt of the substantive appeal, then the claimant has 30 days from the mailing of the SSOC to respond before VA certifies the appeal to BVA." https://www.benefits.va.gov/warms/docs/admin21/m21.../mr/.../m21-1mri_5_secd.doc References: For more information on · VA Form 9, see M21-1MR, Part I, 5.E.22 · VACOLS, see the VACOLS User Guide, and certifying substantive appeals, see M21-1MR, Part I, 5.F.26 Source M21-1MR
  7. Can you scan and attach the SSOC here? Cover C file, name etc prior to scanning it. We need to see their medical rationale as to how they rated the claim. Here are the Raynald's ratings: "The Veteran's Raynaud's syndrome is rated under Diagnostic Code 7117 for Raynaud's syndrome. Under that regulation, Raynaud's syndrome with two or more digital ulcers plus autoamputation of one or more digits and history of characteristic attacks warrants a 100 percent rating. Raynaud's with two or more digital ulcers and history of characteristic attacks warrants a 60 percent rating. Raynaud's with characteristic attacks occurring at least daily warrants a 40 percent rating. Raynaud's with characteristic attacks occurring four to six times a week warrants a 20 percent rating. Raynaud's with characteristic attacks occurring one to three times a week warrants a 10 percent disability rating. 38 C.F.R. § 4.104. The regulation includes a note stating that, for purposes of this section, characteristic attacks consist of sequential color changes of the digits of one or more extremities lasting minutes to hours, sometimes with pain and paresthesias and precipitated by exposure to cold or by emotional upsets. These evaluations are for the disease as a whole, regardless of the number of extremities involved or whether the nose and ears are involved. 38 C.F.R. § 4.104." https://www.va.gov/vetapp16/files2/1611942.txt But this BVA decision has a DC for chilblain's syndrome. The criteria for an evaluation in excess of 10 percent for chronic left foot pain, status post Chilblain's Syndrome, have not been met. 38 U.S.C.A. §§ 1155, 5107 (West 2002); 38 C.F.R. §§ 3.102, 4.1, 4.2, 4.10, 4.104, Diagnostic Code 7122 (2013). https://www.va.gov/vetapp14/files2/1419237.txt But this BVA decision states: "4. From April 16, 2002, the maximum schedular rating of 30 percent for residuals of cold injury of each foot is assigned under new Diagnostic Code (DC) 7122, and combined, it is more valuable than a 50 percent rating under old DC 7122." https://www.va.gov/vetapp06/files3/0616890.txt It seems confusing as to why they used the same Raynald's DC code to include the chilblains, as I think they might have overlooked DC 7122. DC 7122 rating info is in the above link. It was in used for chilblains in 2016 as the first BVA link shows.
  8. Liver Fluke-Vietnam Vets-VA update today : https://www.newsday.com/long-island/vietnam-veterans-administration-liver-fluke-1.16810785#
  9. I was researching the BVA fior anything that could help a vet here who has an unusual pension to SC situation and I found this! "Decision date 08/31/01 "ORDER An effective date of July 9, 1979, for a grant of service connection for schizophrenia is granted." That sure was a nice chunk of change!!!!!!!! His lawyer was Daniel G. Krasnegor. https://www.va.gov/vetapp01/files03/0122030.txt One point of the award pisses me off-Fact # 2 below- it shows the VA can take advantage of a veteran's disability. This vet had schizophrenia- and some of the smartest people I have known over the years have schizophrenia . Finding of Fact # 2 "2. Service connection for a psychiatric disorder, including schizophrenia, was denied by the RO in January 1980 and January 1988; although the veteran was informed of these determinations, there is no evidence that he was advised of his appellate rights. " Yeah, how many other MH vets were never advised of their rights......and in those days- no interent - where would they even find out what their rights were.
  10. "Should I send a 21-4138 pointing those things out to San Diego? Or will they treat that as a new claim? Advice would be much appreciated!"That is a good question....... "Are you allowed to send evidence to the RO after a BVA grant but before they rate it?" That is a good too! But I think maybe you should wait for the decision.... "As you know service connection was denied in 2004 but Non Service connection was granted for bipolar disorder at 70% permanent and total for pension purposes. " Did you get any pension money from the VA? If so they will possibly deduct that from the retro for this condition. Pension awards seem to have a much different medical criteria than direct SC awards. But still, the 70% that awarded the pension is still a 70% finding that would prompt VA to consider TDIU in a SC award. I hope others chime in as to your questions. They do have to consider the pension award and maybe they will rate this correctly back to the most favorable EED.
  11. Rhodesia, has your hearing loss gotten worse or the HBP since their last rating? You said " Ok now after 1 year of getting 100% because of the knee replacement and now getting 40% I found o" etc..... Was this a temporary convalescence award? as to the 100%? If so that seems like a very long temp comp award....it makes me wonder how the surgery went. I shouldnt compare this to anyone but a civilian school teacher in my church had the TKR and was back to work certainly well within a year of the surgery.....she came to a church luncheon within a month after the surgery - we have an accomodation elevator and she had help getting down to our lunch room, in a wheel chair, in the elevator, then someone help elevate her leg when she got into a regular chair and she had a pack of frozens peas to put on it for pain. Can you define what the 100% award was for? I sure might be interpreting this wrong as to the " because of " part. "Ok now after 1 year of getting 100% because of the knee replacement and now getting 40% I found o" etc.."
  12. Broncovet is right. Vets have to complain to the WH, to the VA Secretary, and to the press. It took VA years to become as broken and deficient as it is... and it will take years to make the VA a viable entity that honors it's own mission statement. In the 34 years I have dealt with VA ( as a VA volunteer, and as a claimant ,wife and survivor of a veteran, and as an advocate) the Accountability Act is the BEST thing yet thyat has happened to us claimants, to all VAMC patients, to their spouses, children, and survivors, and to all of the Wonderful perople who go to the VA every day to give their best to our nations veterans. I know plenty of hard working dedicated VA employees who have to work often, with incompetent idiots. It is like I say a lot here- the Watergate question... what does VA know and when did they know it....... What VA does NOT know is the information that only veterans or their survivors can give them -with adequate documentation of how reckless and arbitrary the system can be.
  13. "I found out today that I have to have another full knee replacement again in the same knee due to an injury that requires to have it replaced, " was the injury due to the knee problems? Meaning did a SC knee disability cause you hve to a fall or some other type of injury directly related to the knee? Or was the replacement done wrong? Or was the replacement defective? There have been many TKR lawsuits over the years: https://topclassactions.com/lawsuit-settlements/investigations/815518-knee-replacement-surgery-failure-class-action-lawsuit-investigation/ My neighbor ( USAF Japan) has TKRs in both knees and only gets 40%. VA did his surgeries many years ago and he has had no problems I know of yet. I was quite surprised that he only gets 40% SC and said he can't get more.......but he has no residuals from the surgeries. Others will chime in on TKR - we have memebers here wth that SC disability.
  14. Timeline

    Aquabear- do you have a complete copy of your C file? There sure could be something in it that supports that they knew you had obtained SSDI long ago. Personal Example: The VA RC wanted to settlement my wrongful death claim in mere months after he got my SF95, my evidence, and also had obtained a 6 page Peer Review from a VA cardio who agreed with all of my malpractice contentions,as to my husband's heart disease. As I mentioned here before- (it could help others) the RC ,the Peer review doctor, and the Critical Peer review --"disappeared". The VA (to include OMLA - (VA office of medical and Legal) insisted to me that this Peer Reiview had "never existed" ,trying to sugget it was a figment of my imagination. I had to go to the VA OGC with my case and without that critical Peer review.I won anyhow. The top VA Cardio doctor agreed with all of my contentions. Years later I re opened my claim due to an additional malpracticed condition on the AO presumptive list. I ordered my C file and went over every page very carefully-it is a C file that memorializes every single error the VARO had made on all of my claims to that point. I found the 6 page Peer Review right at the bottom of the stack! I used it for my subsequent AO IHD death claim. My husband before he died with 2 claims pending , used to say' there must be a billboard across the street from his VARO that said "F--- this veteran-Rod Simmons." Of course there was no billboard ( but if there was they put my name on it after he died and even f---ed with my veteran daughter's first and only claim.Which they fixed in a Heaertbeat. We have to get copies of Everything the VA has on us. They will lie and even in my case totally manipulate a posthumous C & P exam that 'forgot' to put the last statement un the actual exam which the C & P doctor sent to me. They have tried to beat me down with every issue I had. They wasted their energy. Negativity just makes me fight back even more. A vet rep many years ago filled out a TDIU form for a vet that he -the rep- never mailed in to the VA.The vet subsequently filed TDIU himself and got an EED based on the date of the form he sent. He sued the vet rep and got back the TDIU money the vet rep cost him with that error. Also we cannot trust some of those VSOs who work at the VA. Some of them have been canned under the Accountability Act. We must be as diligent and proactive as we can be...and I recommend that we must save EVERYTHING we get or send to the VA.
  15. va accountability

    If the VA has acknowledged receipt of a timely 1-9 from you ,even though it was lost, why do you believe you have lost 4 years ? "so now I have 2 appeals from the closed claims and I feel that I should get back the almost 4 years that I have lost because of my RO losing an important form like the Form 9 " As I understand this- " The veterans helpline did inquire about it but they are on the side of the VA which this appeal is going to a video conference with a BVA judge this one is small as in it's only for reimbursement of the payment that the government has already taken for my TA- 50 that was stored in my old ." etc If this is the same 1-9 situation, it seems to me the BVA would not be doing a video conference if the I-9 was not filed in timely fashion, nor acknowledged by the VARO has having been received, then lost and found.... You stated: " I do have a lawyer"- is he/she representing you for a second separate appeal on the knee condition? Have you established by now the inservice nexus you need for the knee condition? as well as the depression claim? "The 2nd part of this appeal is for depression with mood swings which I was on Citalopram until recently because of not having no vehicle and every time I went up there I couldn't get meds unless I gave blood like 7 or 8 vials and it does get frustrating because I am sort of being denied the meds I need due to not wanting to give blood." It is not unusual for doctors to monitor citalopram with blood tests.It helps them determine proper dosage.