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Berta

HadIt.com Elder
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Berta last won the day on June 17

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About Berta

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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. HELLO MRS. BERTA,

    I THANK YOU ALL GREATLY FOR YOUR GREAT WORK!!! I CAN'T THINK ANYMORE, NO STRENGTH I AM TIRED OF FIGHTING THIS LONG BATTLE, I WILL HAVE TO GIVE IT INTO THE HANDS OF A LAWYER. I HAVE MADE SOME SMALL MISTAKES IN MY LEGAL ARGUMENTS TO GLUE IT ALL TOGETHER. RECEIVED A SSOC FROM THE DRO.

    BRONCOVET WROTE,

     "I read your decision.  Here is my opinion/analysis:

    They stated there is no CUE, and I "probably" agree that is correct.  However, there is "more than one way to skin a mule".  

    You have submitted "new and material service records"  which they acknowledged.   Under 38 cfr 3.156 c, this should yield you an earlier effective date.  

    I think you should send a letter to the BVA amending your I9 to include reopening due to new and material evidence, and an earlier effective date therof.  

    This decision is in error, as the VA has a duty to maximize the Veterans benefits, and this did not do so as it did not include reopening the claim due to 38 cfr 3.156c or 3.156 b, as this is a pending claim.  

    In summary, this isnt cue, but should yield you an earlier effective date under 3.156 c or b, as this is new evidence."

    GASTONE WROTE,

    "From what I read, your SSOC continues the Original Denials that became Final back in early 90's based on the DRO Evidence conference and De Novo review you opted for on your 2017 BVA Remand. It also appeared that the possibility of a CUE Claim was taken off the table.

    If I've got this correct, you're currently 100% SC with no SMC Awards, right? Was your BVA Appeal a DIY or did you use a POA VSO?

    I may have missed it, what was your BVA Docket Number?

    You might consider giving the Pro Bono, Vet Legal Consortium in DC a call regarding your Appeal. CAVC might be your only option"

     

    I AM BURNED OUT!

    WERDICH 1

     

    1. L

      L

      @werdich1 Great advice - don't let this "VA" rule your life - expert advice & guidance is not a bad thing. 

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