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Everything posted by Berta

  1. GREAT News Shuman- I am sure you will be an asset to hadit !!!!
  2. It is possible because 4 years ago the VA and SSA changed the way they collect medical info for SSA purposes. You could check with the SSA office who took your application, to see if they have obtained your VA records,or at least if the record request to VA is in progress. If the SSA office has an email addy- I would check with them using that, because their reply will be hard copy evidence of the status of your VA medical records. Save their reply. I just do not put much trust in some of the things the VA does, or is supposed to do, and had my own major rigamorale with them ove
  3. Thanks for answering Buck- I would think they would need the authorization form for SSDI determinations for TDIU, as well as for obtaining any private medical records the veteran wants them to consider. I too have been victimized by the VA's MF . MF -Mysterious force, who removed my most probative evidence from my C file , VA never acknowledged it, and then VA said it never existed in one case (my FTCA case)but the MF put it back and years later it was right at the very bottom of my C file. I used it for my AO IHD claim.
  4. I just got this in emai from CCK- haven't read it yet- It might help someone waiting for a decision on their BWN AO claim:
  5. https://www.vba.va.gov/pubs/forms/VBA-21-8940-ARE.pdf Question# 20 if Yes a vet should state under Remarks that they receive SSDI and what it is for, or that they have applied for it. This form is due to Expire in October but I doubt if they will change the form. I was surprised to read over it- because the VA does not make it easy for them to know the claimant does get SSDI. They use the phrase 'disability retirement' instead. It does not ask the vet if they have ever been turned down for Voc Rehab due solely to their SCs. I am surprised this form has never been chan
  6. If they did not consider it, the rationale for the decision will not mention it at all. Do you have proof that you told them of the SSDI on the TDIU form? I asked this question many times here over the past years , with no answer - Does the VA still send a veteran an authorization form the vet must sign and return, in order to obtain SSA records? That authorization form, in the past, was part of a veteran's C file and proof that they should have gotten the records.
  7. BTW the long 8 year CUE was a nobrainer- I didnt file CUE or appeal it because I believed then (1998) what a vet rep told me) 100% P & T for PTSD plus 80%( raised to 100% at some point ) for a 1151 stroke equals SMC S. Nehmer Phila RO awarded SMC S on both that criteria and also HB. They only paid one SMC accrued S amount but they knew how to read. My VARO (Buffalo)probably denied many similar SMC claims.
  8. My opinion on a CUE within the appeal period-can often attain a faster result than a NOD. You can file both but if you file CUE and NOD I suggest filing the CUE first.Then if they deny it they have to act on the NOD at some point. We have some CUE winners here who filed within the appeal period as well as me..with fast results, but a very valid CUE I filed on a past decision took almost 8 years to be awarded at the RO level. It had gone to a different Nehmer VARO and they spent very little time awarding it, along with my AO IHD claim. If a SSDI decision is based solel
  9. GBArmy said : "If you submitted the SSDI info, and they didn't acknowledge it in the evidence, I think it is a CUE." If the SSDI is solely for what you claimed for TDIU, then YES, that is a CUE. Can you scan and attach here the VA decision to include the evidence list? Cover your C file #, name, address prior to scanning it. My husband had two separate awards for SSDI-first an award solely for a 1151 stroke ,than additionally we filed for Reconsideration and the new award was for PTSD. The VA did not acknowledge the SSDI PTSD award, I had to appeal his pending cla
  10. Buck is right- there should be a Morning report on the Boot Camp suicide.
  11. Brokensoldier had a good idea-others did as well. Do you still have the large red booklet the USMC used to issue, that included everyone's photo in your unit? With their name and maybe their Home town? I still have the one my husband got upon discharge from USMC- in 1968. One of his stressors involved the death of his best friend in Vietnam. His tank exploded over a land mine and my husband was blown from his deuce 1/2 and when he came to, he found his dead buddy.He supported that with Wall tracings, of the buddy's name, but the VA had already confirmed another stressor.
  12. To add, I believe the VA is looking for proof of contact with C 123s, via the veterans MOS https://amcmuseum.org/history/airlift-during-the-vietnam-war/ because of this: https://www.va.gov/disability/eligibility/hazardous-materials-exposure/agent-orange/c-123-aircraft/ We would not even have this important regulation , but Wes Carter, C 123 vet with cancer, proved his AO exposure due to certain contaminated C 123s ,and other veterans have been able to do the same thing. There are hundreds of C 123 cases at the BVA- Most of them appear to have been denied, but there ar
  13. I saw this article in the new News Section Tbird has put here: https://vanews.wpengine.com/ https://www.erienewsnow.com/story/42619109/widow-of-vietnam-era-veteran-appealing-denial-of-claim-by-va In part: "Veterans Affairs states there’s no record of a cancer diagnosis while Richard served in the 1960s nor is there evidence of exposure to herbicides. “They actually want a photo of him standing by this particular plane that he guarded, however, that’s not possible because he was in a high-secured area,” Mary said. So tying the discovery of Agent Orange barrels to w
  14. Thanks Tbird-one of the articles there might help me to better help a veteran's wife here, to understand - how difficult her husband's claim is and what evidence he needs. She is a new member and her husband has a lawyer helping him. It regards the Okinawa widow's AO claim. I will put the article link in the AO forum.
  15. https://www.justice.gov/opa/pr/former-veterans-affairs-doctor-pleads-guilty-three-civil-rights-offenses In Part: Department of Justice Office of Public Affairs FOR IMMEDIATE RELEASE Thursday, September 17, 2020 Former Veterans Affairs Doctor Pleads Guilty to Three Civil Rights Offenses A doctor of osteopathic medicine who formerly worked at the Veterans Affairs (VA) Medical Center in Beckley, West Virginia, pleaded guilty today to three counts of depriving veterans of their civil rights under color of law by sexually abu
  16. "All I can say at this point is, If you have heart disease and/or diabetes check your medications! especially if you also have chloracne or another skin disease. Inform family and friends. The next time a tv commercial on such drugs Jordiance comes on, listen to the known side effects that are also listed." James, I will listen to the show later today----I am stunned at what you have been through- I can only add on thing to what you said above: Every vet should check every medication the VA prescribes to them. In my FTCA case the VA admitted to misdiagnosing heart disease s
  17. You stated in my profile: "We couldn't get his MD to help us. She may not even be at that hospital anymore. I appreciate all the info you sent. I'm going to try to forward it on to our lawyer. I wish we could get a good nexus letter." Who is treating your husband for his disability.... does he have another private doctor ,since she might not be available anymore? The most important thing he needs to do, is to prove his exposure to Agent Orange. An IMO/IME doctor could try to establish that nexus, but I feel the IMO/IME would have no value ( and they can be costly) if the ex
  18. This is the link to the show- James has told the way he proved his AO exposure in past shows and also his BVA decision is here under a search. The call in # is 1-515-605-9764. After the English woman answers the call you might need to hit 1 on your phone keypad- but last time I called in I dont think I needed to hit #1. Just a final thought- the past denials from the VA tell you exactly why the claim was denied and these reasons are what needs to be overcome by probative evidence. Of course your lawyer knows that , but I posted that because many read these forums as guests and
  19. If your husband's 201 ( Military personnel file) or any other evidence, ( I am sure the lawyer also has his SMRs, -but dont know) that he had specific duty to spray AO or he can prove it that it was used on the flight line , in proximity to him, and if he can get a strong Independent Medical Opinion that there is no other cause or etiology for his disability, then he might certainly get service connected for this. Has he attempted to get buddy statements from anyone in his unit, who also might recall the spraying? Nothing is impossible- but it all takes a lot of leg work. I
  20. Lynette_ I posted 2 replies earlier that got lost in that thread here they are: https://community.hadit.com/topic/48027-agent-orange-kadena-afb-okinawa/page/5/ These posts are a little out of order but my reply is to the poster today-Lynette- You stated : "We also included another area where he could have become ill. He handled jet fuel almost everyday for over 20 years, which could have contributed to his situation." "That's our story. Our attorney believes we will win. I hope he is right." I do too! I will search the BVA to see if there us anyth
  21. Thanks -I never noticed that 'sort by date' thing before!!! Thank you TBird!
  22. I cleared my cache but just got get Page Unresponsive again-it only happens at this site- I have to leave-maybe later I can figure out what is wrong.
  23. If you do find the 2013 decision, it might help but since it is for a different MH, I do not see that as a CUE. A disability should be at least at 10% and listed as NSC, in order to support a valid CUE, if the disability subsequently becomes service connected. I guess a NSC at "0" might be able to be CUED, if it becomes service connected, but I have no idea how that would work. If an NSC has a zero %, and the medical evidence reveals it should be higher, that is the time to appeal the "0". I dont recall ever seeing that type of CUE. I will check the BVA site when I have ti
  24. Me too and I feel your PTSD claim is solid.
  25. MODS can you help fix this thread? Lynette is a new member and both of my replies seem lost in the older thread, but I am sure I posted one n Page 4, then page 5 popped up for my second post , but that other post there is from the older thread . I am having much trouble today trying to get to Claims Research forum- something seems different.
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