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Everything posted by Berta

  1. https://cck-law.com/blog/new-va-forms-replace-statement-in-support-of-claim/
  2. Please disregard my posts as to TDIU, etc : In a different thread you stated: El Train, thanks, that is helpful. I've been teleworking for 10 years as a DoD contractor. My doctor's DBQ mentions the teleworking but not the duration of it. When asked about work during the C&P exam I explained that I telework and that its from 2010 so hopefully the VA noted this and factored it in their decision. https://community.hadit.com/topic/83657-can-you-get-a-100-pt-ptsd-rating-and-not-have-work-impairment/page/2/
  3. You mentioned the C & P exam kept you at 70% and that the private DBQ did as well. I cannot tell what exam they actually used. Do you have any evidence of work problems. I felt the VA committed a CUE by not sending you a TDIU form when they awarded the 70%, but then again the TDIU form wants information from your past employers, to determine if your SC PTSD prevents you from attaining substantial employment. I read a BVA decision yesterday that had determined the veteran had quit many jobs because he didn't like the jobs.He had failed to produce evidence of total disab
  4. "If the VA used my doctor's DBQ also as evidence, shouldn't they have suggested that there are favorable findings with the OCD diagnosis? I thought the claim was for a higher rating of your PTSD. If the IMO doctor stated with medical rationale that the OCD is due to or aggravtaed by the OCD, and that was clear in your claim, the VA should have considered that as a secondary condition. Many vets are forced into filing a Supplemental claim-I say forced, because their fully developed claim with their evidence, was not really adjudicated at all. They then send the same evid
  5. What appeal rights came with the decision? https://blogs.va.gov/VAntage/62997/four-important-things-know-appeals-modernization/ Asking for a Higher level review could possibly catch the DTA error- as a few here have experienced. HLRs are trained to seek DTA errors and also CUE.
  6. You stated the decision said: VAForm21-526EZVeteran'sFullyDevelopedClaim,received January8,2021-ReviewPostTraumaticStressDisorderDisabilityBenefitsQuestionnaire,received February 16,2021-Section(§)5103NoticeResponse,received January25,2021 So apparently they missed your private medical DBQ as well. I didn't know you had sent them a private DBQ- that might have outweighed the lousy C & P exam! I disagree with the above advice , only because the BVA route takes so long, and I would be filing a CUE in a heartbeat if this happened to me ( which it did and my CUEs resolved
  7. https://www.benefits.va.gov/WARMS/docs/admin21/m21_1/mr/part4/subptii/ch02/9-24-15_Key Changes_M21-1IV_ii_2_SecF.docx I noticed part of my post was cut off----and appeared on a blue background- the wind is affecting my PC so maybe that is why.- I fully believe you should file a CUE ( ASAP) or appeal this or do both. You have the right to know why the 70% did not generate consideration of your evidence and a full rationale as to why they continued the 70% but did not consider TDIU. We have no idea what the DBQ said, but still neither did the VA, in my opinion.
  8. m. Identifying Reasonably Raised Claims of IU Reasonably raised claims of IU may arise in a Veteran’s original claim or in a claim for an increased rating. VA must consider a claim for IU if · the Veteran’s SC rating meets the minimum schedular criteria found in 38 CFR 4.16(a), and · there is current evidence of unemployability due to SC disability(ies) in the Veteran’s claims folder or under VA control. Reference: For more information on reasonably raised claims for IU, see
  9. Me too: This sounds like a violation of 38 CFR 4.6 has your POA suggested that you file CUE claim? When your rating was rated at 70% did the VARO send you a tdiu form? "Increased Rating for PTSD Because the Board is remanding herein the issue of entitlement to a TDIU, which includes determination regarding the effects of the Veteran’s service-connected disabilities on his ability to work, entitlement to a rating higher than 70 percent for PTSD, which contemplates in part total occupational impairment, must also be remanded as it is inextricably intertwined. A remand is the
  10. I agree- every claimant should have access to their VBMS file. One more point- The VA does not produce their actual malpractice stats. For decades they have refuse to honor the NPDB mandate. That means a medically negligent VA doctor can remain at the VA, with no discipline record at NPDB. Also there is no accountability for any 1151 award that was obviously based on at least one negligent VA doctor ( or federal contractor) The criteria for VA malpractice is the same under FTCA and 1151. 1.proof of documented malpractice in the Veteran's VA medical records
  11. In Part “Veterans Affairs officials will have to provide basic legal advice to veterans who file medical malpractice claims and provide information on local staffing issues … The new legislation mandates that the department provide ‘notice [to vets] of the importance of securing legal counsel’ and clearly identify the employment status of any individuals involved in the case within a month of a veteran submitting a malpractice claim. VA officials had opposed the idea, saying it creates unnecessary burden on staff.” Vet, with aid from Congress, forces VA to increase disclosures in ma
  12. Handling Administrative Errors at the Chicago VA Regional Benefits Office in Illinois This is VA OIG Press Release of 03/04/2021 12:00 PM EST In Part: " The OIG found claims processors did not properly correct administrative errors in 88 percent of cases reviewed. Errors resulted in improper underpayments of about $59,100 to six veterans, improper overpayments of $18,900 to two veterans, and $5,900 in debts VA had inappropriately collected from eight veterans through January 2020. "
  13. Thanks- he does not have a computer. I can give him the forms and someone else he knows might be able to get him into VA's MyHealthVet system, on their computer.
  14. I assume the FOIA or Records Access officer at the local VAMC would have the proper form for a veteran to fill out to obtain their VA medical records. My neighbor does not use a PC and will need his records. This is the question- he has been a Pt at the local VA for over 20 years, and has a 10% SC. He was at the VAMC a few weeks ago for a COVID shot and also I think it was a regular appointment too. He was rushed to a major NY non VA hospital Sunday AM with a heart attack. He seemed to be willing to stay with the cardio doctors at this Hosp in Rochester. But they sai
  15. Does this woman get DIC or a VA wartime pension from the VA? If not, I don't see what the VA can do about changing her bank. You said "this will be a different Bank located here Here In Ft Worth Tx. USA" Maybe someone should take her to the bank in Fort Worth she wants to deal with and get their advice for her to open an account with them. They surely have someone there who speaks Spanish. If she gets DIC or a Wartime Pension, it should be in her PR bank account by now, since March 1, 2021 and possibly the new US bank can get this deposit transferred to the new accou
  16. Just yesterday I was able to tie in with the NSC Community Care Program, for my neighbor. It seems any balance of his hospitalization ,not covered by Medicare A & B could be paid by the VA. This concerns me: "The OIG found 13 percent of the contractor’s claims decisions did not align with OCC guidance, increasing the risk of inaccurately decided claims that could shift the financial burden to veterans. VA agreed that oversight of the contractor’s performance was not robust and stated that it has strengthened its processes." https://www.va.gov/oig/pubs/VAOIG-19-06902-23.
  17. I can only read 3 pages of the downloads and they contained no reason or rationale whatsoever for the denial......... Was your C & P exam favorable? Do you get SSDI solely for PTSD? Did VA Voc Rehab ever turn you own solely due to your PTSD?Maybe it is my Foxit pdf program---- but I never had problems before opening anything. Others will help.
  18. Thanks, this veteran does not use a computer. I called the Patient Advocate and he gave me the Community Care # at Bath VA. All I need is his last 4 of his SSA # and will get that today- or his friend who lives with him, maybe she should call the number I got...and he said there should be no problem with this.
  19. I found the link I needed: https://www.va.gov/COMMUNITYCARE/programs/veterans/Emergency_Care.asp (Note the correction to previous info ) This seems to indicate that the friend in a major hospital since 2AM Sunday, for a NSC heart attack, might get some help for whatever his Medicare does not cover. I tried to call the Bath NY VAMC to find someone to report this emergency to- I think he had a very recent appointment there and has gotten all of his care from this VAMC since leaving the Military...... over 20 years ago. I realized he cannot report this himself as it
  20. Thanks all for the advice-he has TRICARE too- he had a heart attack and they put a stint in. This might well be a Section 1151 issue. I will get more info today.
  21. Thank you so much-DSIG- I am not sure who will be contacting the VA, as he has a friend who lives with him, and her daughter has a PC, but I will give them this info. I hope his live -in friend calls me, she did the last time he had to be hospitalized and she will need this info. I think she is waiting at the hospital for the actual diagnosis and what to expect next.
  22. I might need to look into this for my neighbor, as last night he was rushed to a major non VA hospital, with ALS aboard the ambulance ,as he had COVID symptoms, but I understand today they think it was a heart attack. He is only 10% SC and for many years he asked me to file for TDIU for him based on his SSDI award - he had to get SSDI because he was under FERS at that time,( he said he gets SSDI solely for his VA 10% back strain) But I have never seen his SSDI award and he still has a local POA. I guess my question is ( he says he has Medicare Part A and B)but that will pro
  23. Years ago the VA said I had 53 issues with them. I dont think I had that many. But in testimony I gave to the H VAC Shreddergate committee I included copies of 53 green and white tracking slips from USPS to tthe Buffalo RO, of Probative evidence I had sent to them , which they had never considered ( until I raised hell) -maybe this is where they got the 53 issue idea. All of that was definitely probative evidence and the 53 USPS slips included 12 copies of my dead husband's autopsy. They also refused to even consider my costly IMOs. But the VA granted all of my issues- at this point-
  24. If the VA ignores probative evidence, and does not list it as Evidence, they have committd a CUE. Even if the VA does list it but never refers to it at all, that too is a basis for a CUE. They have violated 38 CFR.4.6, which is basic VA case law: § 4.6 Evaluation of evidence. The element of the weight to be accorded the character of the veteran's service is but one factor entering into the considerations of the rating boards in arriving at determinations of the evaluation of disability. Every element in any way affecting the probative value to be assigned to the evidence in
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