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Berta

HadIt.com Elder
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Berta last won the day on August 4

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About Berta

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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. Is the I-9 filed on this?: https://community.hadit.com/topic/70087-va-gives-100-in-one-letter-and-the-next-letter-they-propose-to-cut-it/#gsc.tab=0
  2. VOLUNTEER DECK LOG READERS NEEDED! We are continuing with our project of reviewing ship Deck Logs for those ships that were in certain locations off the coast of Vietnam. We need volunteers to read the Deck Logs and to record the various Latitudes and Longitudes that were entered within the daily location readings and from within the text entries for each day the ship was in the Theater of Combat. Familiarity with Microsoft Excel and Word (or similar spread sheet and word processing programs) is required. The purpose for this project is to prepare for the eventual expansion of the presumptive exposure area for herbicides in Vietnam. That situation does not exist now, but we are staying one step ahead of the curve. The “assignments” of Deck Logs are random, and are small tasks, allowing the reader to complete each assignment quickly and to choose to continue or not, following each completion. Your help with this project is critical. Any interested parties please email decklogsproject@yahoo.com
  3. I agree with Gastone, we were both on line here at the same time....maybe we can help more with the redacted info he mentioned, as attached to this post.He is right as to the N & M evidence.
  4. As far as I know , very few (if any) claims have turned around after the I-9 was filed. I had one claim,set for BVA transfer, that I got awarded by a VARO.The only reason that happened was that the claim ( an SMC CUE claim and an IHD CUE claim )had been sitiing at my AOJ for 6 years by then , and I wrote to the Nehmer RO (who had my AO IHD death claim) that the CUE claims were contingent on the IHD claim and that it had been filed years prior to the AO claim and that it should be resolved. The Nehmer VARO awarded the CUEs and the AO IHD death claim. If you or your lawyer had submitted probative evidence after they issued a SOc, or SSOC, within the deadlines, or asked for a Denovo DRO review---maybe the claim will get a new look. In my opinion the VA is happy to get a I-9 because that means the claims gets off their desk....... Still I would not count on it. Part of the instructions for the I-9 include: In part: "Block 9. Use this block to tell us why you disagree with the decision made by your local VA office. Tie your arguments to the issues you identified in Block 8. Tell us what facts you think VA got wrong and/or how you think VA misapplied the law in your case. Try to be specific. If you are appealing a rating percentage your local VA office assigned for one or more of your service-connected disabilities, tell us for each service-connected disability rating you have appealed what rating would satisfy your appeal (The SOC, or SSOC, includes information about what disability percentages can be assigned for each disability under VA's "Rating Schedule.") You may want to refer to the specific items of evidence that you feel support your appeal, but you do not have to describe all of the evidence you have submitted. The Board will have your complete file when it considers your case. " etc etc I feel if there is evidence that the VA misapplied VA case law or regulations to your claim, that is something the response to the SOC should have covered.If they ignored probative evidence, that too should be raised with the SOC response.Or they can be asked to CUE themselves on any illegal decision,to your detriment, right away. I am a little surprised that a lawyer would suggest , at the point of filing an I-9 that the claim could turn around, when they read it...if they even read it. The BVA, on the other hand, will read everything.
  5. Rootbeer -the VA is counting on us to get so fed up and frustrated that we give up. When I finally got my first DIC award, I questioned it to the vet rep I had and he said 1151 DIC awards were different than other awards, and he thought that is why they didnt consider SMC. 1998 In 2003 my daugther, a vet herself, insisted I re-open my claim. She bugged me for months to do that. She wanted me to file for direct SC death due to undiagnosed DMII.I didnt want to deal with them again.The 1151 claim had been miserable and the RO even denied it after getting my FTCA settlement papers.They finally awarded because I raised hell with the OGC.( I called them and said they owed me more money so they got the RO to properly make an award.) The DM11 claim , filed in 2003, took 6 years to resolve, and be awarded.It trumped the 1151 DIC and offered many ancillary benefits I did not have under 1151. My daughter was right. But I didnt even want to file it at all. I was looking for more malpractice than I had found for the FTCA award.And I found more. It was during the course of gathering my evidence for the 2003 claim, that I filed the SMC CUE and IHD CUE claims. The 1998 decision kept bothering me , the more I worked on the DMII claim. My former vet rep (who didnt do squat for the 1151 claim), told me not to file a NOD on the 1998 claim. He was wrong. I should have never listened to him. I know how miserable and stressful all of this can be. Broncovet is right, to think about hiring an attorney. Many vet attorneys will even assess the claim via email....
  6. The White House is changing the format at that hot line #. I called as an advocate and not as a veteran but they were able to get some of my claims info up on their PC. They are going to staff claims calls with veterans themselves who know that claims system. I had already written to the new Secretary and POTUS as to the issues I wanted them to know about. You said "My complaint was concerning the VA's refusal to provide documents under the VCAA for up to 5 years, refusal to accept or even post a NOD received 11/5/2015 as a first step in an appeal on that refusal, and holding up processing Medical Expense Reports 21P-8416 for 2016 because I appealed the 2015 claim decision.." Can you scan and attach here ( cover the C file #, name etc prior to scanning it.) the denial and specifically about this part: "My complaint was concerning the VA's refusal to provide documents under the VCAA for up to 5 years, " ??? what documents did you believe they should have provided? As I understand the VCAA and the 5103 version, with it they ask the claimant for more evidence, which they describe......not the other way around....
  7. WOW...Lots of work there, Thanks! I wonder if VA will update their AO ships list soon. I think my husband was on the USS KcKinney- he was Ops Starlite, Rolling Thunder, 1st Amphibious Tractor Battalion, 1st MARDIV ( it was 3rd until Zumwalt changed it to the Ist MARDIV.April 1965. I accessed some photos of the landing. Rod told me, they were transported from the ship in amtracs and then told to get out and wade into the shore. They were all kids, thinking it would be like Normandy, D Day, in the movies. and that many of them would die as they waded ashore. They made it to Danang AFB however, with no problems at all .... that day. Monkey Mountain...that brings back memories I had when I worked at a vet center in a PTSD combat group.... That experience with Vietnam vets changed my whole life and even my daughter's. She was a Vietnamese Linquist , Intell USAF , 7 Years. My husband died before she enlisted. He would be so proud of her. Vietnam is always here in my home. It is still part of Lessons learned by the Military.
  8. It means You SHOULD get service connected.However, there are plenty of us here, with all the right evidence from the git go, and we were denied until we fought back. One of my denials is short and shows what I mean. Husband was incountry Vietnam USMC Danang,1965-66. I filed immediately under the AO IHD regulations as his survivor under Nehmer. After my claim went to two other VAMC ,got lost at one, found, etc etc in early 2012 I get a letter from VA saying my husband's medical records showed no evidence of heart disease and the claim was denied. Say what? I whipped out a CUE ,probably the very next day and I I also filed as a complaint with IRIS stating that most of these Nam vets in 1965 were kids, my husband was 18 years old then and I bet none of them had heart disease listed in their SMRs. And I added that this was not a legal aspect or requirement of Nehmer 2010 regarding IHD. The award came soon after that. I laugh at that denial now but some I got were not as funny. Yes you can have all 3 Caluza elements, but you might want to pray that whoever works on your claim, is literate.
  9. I think VA has made and continues to make many SMC errors. My SMC CUE award was based on a 1998 VA decision so I am sure the Housebound and/or the 100% plus 60 has never changed. But the decision involved a 1997 100% PTSD posthumous award and then ratings for stroke (under 1151) that were over 60% (100% per the medical evidence.) and my husband could not drive or even handle money anymore. It is still amazes me that when he got lost on an Inhouse PTSD trip( Buffalo VAMC) he was able to get the operator to call me ( he always seemed to remember our phone number, but he could not see the street signs well and couldnt describe his whereabouts and like all the other vets in the inhouse group, he looked like a Vietnam vet, and he said no one passing the VAMC on the street entrance would help him when he asked them where he was. The VA Team Leader MSW suddenly got on the phone and said Dont worry, we found him! It is things like that which can prove housebound. Plus the VA van had to take him to VA day care at the local VA. They mentioned both theories of SMC S in the decision but I dont know which one they used.
  10. Korea Agent Orange DMZ regulations

    “share things the VA would rather we not know “Indeed…. I proved they killed my husband by not diagnosing and treating his IHD and DMII properly. I had the FTCA/1151 award already but filed for direct SC of his DMII (never diagnosed or treated ) and with superb IMOs and my own medical work I succeeded in that claim. 2009 I was awarded under Nehmer as well for his undiagnosed, untreated IHD and for that I used a Peer Review report that the regional counsel had ordered, calling me up to settle with me ( a few months after I filed my FTCA case) 1995but suddenly the report, the doctor who wrote it, and even the regional counsel disappeared. The doc and the lawyer were asked to retire. Years later I found this report that OMLA (VA Office of Legal/Medical said “never had existed”, and I used it for my AO IHD death claim. “VA would rather we not know “ is exactly some of the info I gave Pres Trump and Sec Shulkin some months ago, as the VA hides their malpractice statistics and I told them how they do it and where those true statistics can be found. The VA does not even want us all to know the regulations, Precedent CAVC cases, M21-1MR access, and the many OGC Pres Ops that can help resolve our claims. Hadit’s Motto that Knowledge is Power, is true and applies to all of us.
  11. Korea AO-new bill announced

    I completely agree with you. Even the C 123s were found to have been contamined by dioxin, and those regulations are here. https://www.publichealth.va.gov/exposures/agentorange/locations/residue-c123-aircraft/index.asp I am very familiar with the Hatfield Study and certainly know John Rossie , Carol, Sue and Cmdr.Wells, via our radio shows here and the BWN site.and the Blue Water Navy problems. I have not seen any Blue Water vets here in years. The run offs of the tributaries in Vietnam ran into the Danang Harbor. It just makes sense. When I was at AMU I took a science course that revealed sea birds can keep dioxins in their systems for a long time.I am a civilian but would imagine, those birds alighted and crapped all over the ship decks in Danang Harbor. Maybe even on the sailors or their food. And of course there is the distillation situation. AO is not over....they are considering some new presumptives and we will know by November what they will be ( if they actually add some) Welcome to hadit! You are speaking my lanquage.I am an AO widow. My husband, and then I as his widow, were in the original AO settlement fund.
  12. Gee we were posted here at same time..I guess it is not Reiter's syndrome. I get concerned when I see posts like yours. My husband was misdiagnosed ,and even undiagnosed at all, for multiple conditions clearly documented in his medical records, that the VA agreed was malpractice. They didn't state 'malpractice'; in the awards, just "multiple deviations from a usual standard of care."....that contributed to his death ( age 47) I am sure you feel you are getting good care but I dont know what you should claim, except all of the symptoms. Claim depression and anxiety as well- they are treating you for that and anyone with a disability that is "rare" and affects them this way, certainly can have a psycholocical affect from it. I will try to find something in the BVA links that might help- as to the decisions with HLA B27 in them.
  13. I am not a doc but googled Reiter's and found that it can affect the eyes as well as joints. http://www.hopkinsmedicine.org/healthlibrary/conditions/arthritis_and_other_rheumatic_diseases/reactive_arthritis_reiters_syndrome_85,P00064/ Have you ever considered getting a second opinion from a non VA doctor? I know that might not be an option, but it concerns me that there is no definitive diagnosis you could claim. I searched for HLA B27 at the BVA and there are 213 cases there: https://www.index.va.gov/search/va/bva_search.jsp?QT=+HLA+B27&EW=&AT=&ET=&RPP=10&DB=2017&DB=2016&DB=2015&DB=2014&DB=2013&DB=2012&DB=2011&DB=2010&DB=2009&DB=2008&DB=2007&DB=2006&DB=2005&DB=2004&DB=2003&DB=2002&DB=2001&DB=2000&DB=1999&DB=1998&DB=1997&DB=1996&DB=1995&DB=1994&DB=1993&DB=1992 Since that is a test result I then searched for Reiters disease with HLA B 27 and found 27 results: https://www.index.va.gov/search/va/bva_search.jsp?QT=+HLA+B27+Reiters+disease+&EW=&AT=&ET=&RPP=10&DB=2017&DB=2016&DB=2015&DB=2014&DB=2013&DB=2012&DB=2011&DB=2010&DB=2009&DB=2008&DB=2007&DB=2006&DB=2005&DB=2004&DB=2003&DB=2002&DB=2001&DB=2000&DB=1999&DB=1998&DB=1997&DB=1996&DB=1995&DB=1994&DB=1993&DB=1992 Maybe with more info from you -we could find out if the veterans in any of above BVA cases actually received compensation...and how they developed their nexus. There are many causes for Reiters........did you ever eat food that was contaminated , and get sick, while in the Mil? Where were you stationed? http://www.webmd.com/osteoarthritis/arthritis-reactive-arthritis#1-2 I am at a loss as to why the VA cannot diagnose your disability better.
  14. I assume they ruled out Reiter's syndrome? Without a definitive diagnosis I am not sure how you could claim this. I might have asked before- forget answer----do you have a complete copy of your SMRs from service?
  15. I think Matt Hill is the best bet to possibly represent you. He is familar with CUE claims and in the accrued post I recently bumped up in the DIC forum, the link on accrued is from his law firm. It clearly states that accrued benefits are derived from claims pending at death. However the only way around that is with a CUE.
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