Berta

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

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About Berta

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    HadIt.com Elder/SVR Radio Panelist

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  • 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. I do not give out my personal info. The decision will tell you more.
  2. Did your request from NARA your complete 201 Personnel file? It might be in that. Don't forget-the VA accepts outcry statements....in essence 'buddy statements from anyone who knew of this incident right after it happened.(outcry)..it could be a unit member or a family member and they could give a detailed statement on your behalf to the VA. The VA needs to have their contact info and they should either write an oath on the statement ( or use a 21-4138-I think it has an oath on it) or get their signature notarized. Your unit will surely have a web site and maybe even a Reunion Roster or ' looking for' area. Sometimes a buddy can be found by simply googling their name and trying to narrow that down.
  3. "It has been a long, and rough road, but the pieces are starting to form a picture now. " Us hardcore VA claimants here can sure relate to that. You did a lot of homework on this claim (I call it tactical warfare)---Are you outside the SSDI reconsideration time frame? I think it was 3 months...maybe that has changed. I went to see a SSA lawyer to see if he would support my husband's reconsideration SSA claim,. They had awarded him SSDI for a NSC stroke but they also broke a regulation they have. The stroke became 100% P & T under 1151, but they forgot he had told them he had PTSD. Afew months after we filed the recon request ( the lawyer would not help us) I called the lawyer up to tell him he just lost 4,500 bucks ( 1/4 of the retro for the PTSD award due to the recon request -which SSA also advised us Not to file-at first - BS to that.) Did you have a SSDI lawyer? I had a long talk with this guy and he told me he would Never again look at a vet with SC PTSD the same way again.He had not even looked at our evidence and we travelled quite some distance to meet him.He thanked me for the long discussion and the way we won the recon request... a lot he had never thought of before. This was long ago. My husband went from 30% PTSD to 100% SC for PTSD.It didn't do him any good. He was dead when the VA accrued award was sent to me, with a Very favorable EED. Nothing is impossible.
  4. Bumping it up again...only 2 1/2 days left to get those forms in VA's possession...from the mother. of the children. If the family is reading as a guest I posted more info to help you in FTCA and also DIC forum. If you obtained a lawyer from the NOVA list, I can help them to consider other ways to go,if they contact me here in this post thread and give me their name and firm #. I have people praying for all of you, me too- as I know this has been a horrendous and tragic loss. I am still a grief stricken widow and it has been 22 years. Grief changes the way good people act and think. This will be a difficult claim but Nothing is Impossible.
  5. Thanks...I think this is a very favorable C & P exam...for PTSD..... I only hope the VA rater knows how to read (I am serious) The 30 % migraines.....did the VA attribute that to the fall???? They lump in stuff like that for TBI. There is a lot here on TBI in that forum. Are you employed? "I was outsourced to civilian Nuerology Depts. - This was from a rather bad fall, yes. Also, it had nothing to do with the harrassment or MST - " Do you have those records, and if so does the VA have them? Do you get SSDI for any or all of this?
  6. Did the VA know you are now unemployed? If so they should have made a statement regarding TDIU....and even enclosed the 21-8940 form for you. I assume that you might have become unemployed after you filed the claim and didnt let them know. By all means file for SSDI. If SSDI solely awards for PTSD, that will be prime facie evdience of TDIU. Meantime if VA awards TDIU upon receipt of the TDIU app, that is prime facie evidence for SSDI. The SSA works a lot faster than the VA does. They-SSA-awarded in mere months for my husband's PTSD ( He had 30% VA SC rating-Vietnam Combat vet) VA awarded 100% P & T for SC PTSD.....he had already been dead for almost 2 years by then. Make sure that SSDI learns of any TDIU award you get and make sure VA knows of any SSDI award you get-if it is Solely for PTSD.
  7. One more question......what is the 50% SC for?
  8. Is anyone else having problems with the reply area superimposed on the C & P exam? I could not read the whole exam. You do have the PTSD diagnosis and what I feel is favorable evidence.....however-do you have your SMRs and 201 Military Personnel file? The 201 file can be very helpful in these types of claims. The TBI...was that noted on your discharge certificate...this was from a fall? Did it have anything to do with the harrassment or MST incidents?Or did you faint? If so, what happened next...meaning did you get documented medical care for it in the Mil, and if so, what did they attribute the fainting to? I could not read anything after part of Criterion E.
  9. If you are an incountry OIF OEF veteran, the new 2010 PTSD regulations will help you. They relaxed some of the evidentary requirements for Iraq/Afghanistan veterans. There is info on this at the top of the PTSD forum here as well as with other posts here. This link here shows what I mean- the vet was OIF/IOEF but there are pitrfalls to some of these claims: Vets who do not fall under the 2010 regulations will need 1. A VA MH diagnosis of PTSD 2. Proof of stressor ( CAR, CIB, oand/or PH on DD 214 - will cause VA to conceded evidence of stressor 99% of the time- we had one vet here with the CAR and they denied him for PTSD) 3. They will need to adequately explain the stressor if not under # 2 to allow the VA to run the stressor through JSRRC (Joint Services Records Research Center) Best to give time, date, if possible, details when and where ,and how your MOS put you into the stressor incident. WE have info here under search on Stressor what is and what isnt---and also Buddy Statement info if you need to get an eye witness account from someone in your unit who also witnessed the stressor. MST PTSD claims are a little different and they too have info here. Non combat PTSD claims can succeed as well as combat PTSD claims. It all depends on one thing....EVIDENCE.
  10. This below might help: (these types of cases on remand are why the backlog occurred. A Remand is 99% of the time a re-do of what the RO should have done in the first place. "1. Since September 17, 2012, the Veteran's pleural plaques with mild reactive airway disease has been manifested by pulmonary hypertension. 2. Prior to September 17, 2012, the Veteran's pleural plaques with mild reactive airway disease was not manifested by Forced Vital Capacity (FVC) of 50- to 64-percent predicted, Diffusion Capacity of the Lung for Carbon Monoxide by the Single Breath Method (DLCO (SB)) of 40- to 55-percent predicted, maximum exercise capacity of 15 to 20 ml/kg/min oxygen consumption with cardiorespiratory limitation, cor pulmonale, pulmonary hypertension, or requiring outpatient oxygen therapy." https://www.va.gov/vetapp16/files6/1647846.txt I am glad you posted this in the CUE forum because if you can scan and post the decision here when you get it, it might contain a CUE. You can file CUE within the appeal timeframe. My last one took a month from denial to award...because I requested they CUE themselves on the denial and they did. It is all explained here in this form.
  11. I asked a vet from S Car. to join. If I am not here I know you all will help him out.
  12. "Forward one day I had a seizure. They found a brain tumor." Who is "they"-VA or a private doctor.Up until the tumor was found, did you get VA health care for the headaches? ".i got told that they could not find it to write to my Senator. So I am guessing I am asking if I should?" Please clarify "they could not find it"? Who is "they" and what is "it"?
  13. bumping it up for St Pete's RO -only till Friday to get in VA's possession---Monday the VA is closed.
  14. The problem is two fold ---VA case law would find for the mother of the child, even though she was not married to the veteran,as the legal claimant-not the grandmother. I cite Jones v. Brown, 8 Vet. App. 558, 560 (1996). And Wilkes V. Principi https://www.uscourts.cavc.gov/documents/Wilkes_01-724.pdf more info here.
  15. Bumping it up for vet rep- only 5 days left to have those forms in VA's possession. Deadline May 30, 2017