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Berta

HadIt.com Elder
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Everything posted by Berta

  1. agentorange@nvlsp.org They reviewed our decisions as to making sure the EED was correct.
  2. WOW that is great!!!!!!I hope they give you the correct EED, and if not contact NVLSP.
  3. GREAT Advice Broncovet! I have been getting 10 to 20 scam emails a day since the 'stay at home' went into affect. Some are very creative- Two I got today: One header said my Pay Pal account has had unusual activity The other said my Pay Pal order is arriving. I NEVER use Pay Pal. These are scams. I helped a vet here win a CUE at the BVA.It was years ago when I helped vets via email sometimes. Then I got those corrupted emails from him-someone had got a hold of his email addy- He got Very angry with me -when I told him this- and said his kids were telling him this too. He tried to blame this site.His profile said he had no friends.I believe it- he was hard to deal with- but that does not mean a scammer cannot get someone' s email. I pay a lot every every year for good internet security. Only once I and another widow I was helping within the DIC forum, were both hit at the same time-(we both had the same security app that immediately caught a trojan virus while we were on line here. ....and our security quarantined the virus and eliminated it.) This crap happens to everyone as you said, but there are scammers out there who specifically focus on widows. On the old board we had a member named Emily- it took her years but she succeeded in her DIC claim with a stunning IMO.She had started a web site solely for widows/widowers of disabled veterans and had to shut it down due to the perverts who came to the site. Watch out for the fake Amazon emails too.
  4. Many DIC recipients are GSW members-I just got this email: "Hello all: Every once in a while organizations are subjects of SCAMS. You can find anyone and anything on the internet and scammers are getting more clever all the time. Sometimes it is a false request from chapter president to the chapter treasurer requesting funds. But this is a new one and please do NOT FALL FOR IT. We would never send out a request like this. Always check the email from the sender. If you have any questions, please contact your officers and ask. Do not ever send money to a request like this!!!!! Here is the wording some of you recently received: Are you available to assist? I am out of the State now and I've got credence in you to take care of this.I would have called your phone but I presently do not have access to my mobile phone. Gold Star Wives of America,needs some gift cards for donation to Veterans at Hospice and Palliative care units for preventive items from Corona Virus Disease ( COVID 19). I have decided to make it a personal duty. I will be responsible for the reimbursement. Nancy Menagh, Nancy Menagh President, Gold Star Wives of America, Inc. 503-951-8634
  5. No- not a CUE award this was a vet with a bad paper discharge.He did get comp under his first Honorable period of service. He wanted to file CUE on a 2014 BVA decision. I saw no basis at all for a CUE. The decision link is posted here. I live in NY and for last two weeks, my email server goes down, off and on every day because there is so much internet traffic up here in NY due to COVID. Maybe tomorrow I can get better email access and put his emails there in Word and then post them here. These are not emails from any member- except Tbird has a way to send them- they are the ones that come directly from the site, when we reply to someone here. This is all I could copy into word from the hadit email: "Posted in Cue Claim Template? My point is there is no Willfull misconduct in the Facts and Circumstances as received from the service department,. As per under provisions of AR 635-208. Three page commanding officers report plus seven attachments, (RE: e. Other information pertinent to the case: None) in the report documents that! results: Board decision was: Undesirable Discharge for unfitness UP 635-208 ! " As you can see his situation involves a lot. I think the veteran-Daniel was angry at my assessment of the decision. I saw no basis for CUE. If others read his BVA decision they will see why. You said "I hope that all veterans will listen to you and take your advice." I do not think he will. I advised him to file a claim on a different basis and possibly Allen V Principi would kick in. That is a Big MAYBE. Also the last thing he read was my article on defining a stressor. The BVA found his stressors had no merit for VA claims purposes. I had to be honest with him. The BVA decision was correct.
  6. " the estimated completion date is Mar 2020. " There is a 6 month period after filing FTCA.I think that is where they got th March 2020 date "Suing a federal government entity for damages in a personal injury claim is more challenging than suing a private citizen or corporation. Under the doctrine of sovereign immunity, you are not allowed to sue a government entity without its express permission. The Federal Tort Claims Act (FTCA) is a highly complex law that allows specific types of lawsuits against a federal government entity and federal employees who have acted within the scope of employment while causing injuries, but certain strict rules must be followed."and "After you file your claim, the agency has six months to respond under FTCA. The federal agency may agree your claim is appropriate and pay some or all of your damages. Or the agency may reject your claim or refuse to pay the total amount of damages you believe you deserve, in which case you have another six months from the date the agency mails the decision to file a lawsuit against the agency." More info here: https://www.justia.com/injury/federal-tort-claims-act-ftca/ And in our FTCA forum. March 2020 has passed by already. Have you heard anything at all from OGC? Maybe the COVID crisis is getting them behind.
  7. The links that came out above (I have no idea why they did) state: " Will be right back... Thank you for your patience. Our engineers are working quickly to resolve the issue." I Never deal with YAHOO-dont know why Yahoo message came up,also with the IP Buck put here too IP 184.53.48.63
  8. I am unable to post his last post, that came in the email thing when someone replies to a topic. Daniel's profile might have it- I cant find his profile and maybe he himself messed up something here- he said he was not too PC savvy. Maybe if you email him, you can find out what happened.
  9. A Disability Compensation Benefits Forums - HadIt.com Veterans (noreply@invisioncloudcommunity.com)To:you Details VA Disability Compensation Benefits Forums - HadIt.com Veterans Hi Berta, Daniel F has posted a comment on a topic, Cue Claim Template? Posted in Cue Claim Template? ;"My point is there is no Willfull misconduct in the Facts and Circumstances as received from the service department,. As per under provisions of AR 635-208. Three page commanding officers report plus seven attachments, (RE: e. Other information pertinent to the case: None) in the report documents that! results: Board decision was: Undesirable Discharge fo" etc etc...this was the last post he made at CUE Claim Template I received it in email Saturday April 4 2020 at 11:46 AM. I was denied permission to see the post at hadit. Daniel aid he was not too PC savvy-maybe he messed the thread up.
  10. I am on line at my church service- I cant give a link to the last post- I cannot even copy and paste it here- It should be in Daniel Fernandez Profile.I cannot find his profile page.
  11. when I go to the original topic -CUE Claim Template, I get this: maybe others can get access to it. Sorry, there is a problem You do not have permission to view this content. Error code: 2F173/K Contact Us Unread Content Mark site read Home Privacy Policy Contact Us Copyright © 2018 | Hadit.com Veteran to Veteran LLCPowered by Invision Community
  12. I know and I apologized to him. The IP ,that I clicked on, he posted -was for Yahoo I believe-and a name or two in it were members here- If Daniel returns I have some of his posts. But others will have to help him. I have exhausted all avenues of advice to him. This was his last post: via email to me from the site- "Hi Berta, Daniel F has posted a comment on a topic, Cue Claim Template? ??? I am unable to paste it here----keep getting this Yahoo thread----I never use Yahoo. https://www.va.gov/vetapp14/files4/1428629.txt is his BVA decision. Posted in Cue Claim Template? My point is there is no Willfull misconduct in the Facts and Circumstances as received from the service department,. As per under provisions of AR 635-208. Three page commanding officers report plus seven attachments, (RE: e. Other information pertinent to the case: None) in the report documents that! results: Board decision was: Undesirable Discharge for unfitness UP 635-208 ! Summary Court martial (3) days AWOL 11-9-1961 and Special Court Martial on 1-30-1961 documents one other conviction considered (nothing else). The (2) court Martial are the only incidents of misconduct documented in the Record. Prior to the Administrative decision of May, 1996, No record of any other misconduct. After the Court martial of 11-30-1961, while in the stockade, veteran was ordered to take a Psychiatric exam: Results of the Exam (RE: (1) diagnosis of Anti-social personality, (2) not amenable to treatment, (3) Recommendation: to be discharged UP of AR 635-208 for "Unfitness") on or about 3-23-1962 the AR 635-208 Board approved the Psychiatrist recommendation to discharge the Veteran. If was the intention of the Army to discharge the veteran for willful and persistent misconduct. Why would they do it under a ADMINISTRATIVE discharge? The Army at the 11-30-1961 had the authority to discharge the veteran with a Bad Conduct discharge, yet the documentation of Special court Martial proceedings document a punitive discharge was never requested or discussed. The record documents that (6) days after the Special Court Martial the veterans company commander made the decision to discharge the veteran in his recommendation for psychiatric evaluation : RE: "REFERRAL: Patient was referred by his Unit Commander for psychiatric evaluation prior to Board action under the provisions of AR 635-208." The referral indicate the results the CO wanted. (page one on Certificate of psychiatric exam of 12-6-1961) THE AOJ received the facts and Circumstances surrounding the veteran discharge, altered the record by adding two other incidents of Misconduct, not in the record an (1) Article 15 of July 1961 , (2) a rehabilitative transfer. Then the AOJ cited the Article 15 as the DETERMINATIVE FACTOR in its finding of Willful and Persistent Misconduct. The above is the CUE's the veteran wants to pursue!" They will need to read his 2014 BVA decision, which he confirmed was his. https://www.va.gov/vetapp14/files4/1428629.txt There is no basis for CUE in that decision.
  13. Thanks- what is the topic called now? I cant find it.
  14. forgot- one reason my FTCA took so long was that the MF ( Mysterious Force employed by my RO) showed up- OGC gave my files and charges to the Top Cardio doctor at VA Central, who denied the claim at first. I called her up in DC asking how any cardio doctor could fail to understand my husband autopsy, that clearly supported my charges.I had sent the autopsy to my RO 12 times, because they kept ignoring it. The VA Cardio DOC screamed WHAT AUTOPSY???? The MF had removed it from my files. I faxed or snail mailed it to her and she immediately reversed her opinion. OGC called me up to begin negotiations. If I had a lawyer maybe this BS would not have happened. Then again the VA MF has shown up many times since in claims I have filed and I immediately file a 38 CFR 4.6 CUE claim. I know that MF ( mysterious force) very well.
  15. I heard from the Regional Counsel VA, NY, within months after filing my SF 95 in Dec, many years ago. In May of the next year he ( the RC)obtained a Peer Review that supported my charges and the RC called me to begin negotiations. Then the Peer review doctor was fired, the RC retired, and the Peer Review report disappeared. (I had contact with them both after that happened.OMLA VA told me that report had Never existed. I found it in my C file right at the bottom of the stack, in 2004 and used it for my DMII AO claim.) So I filed immediately with the General Counsel VA.(although they had a copy of the SF 95 already) The SF 95 date was December 1994 and I filed well within the Statute of Limits here in NY ( 2 years) I won the FTCA case in 1997. A lot transpired between June 94 and mid summer 1997 between me and the General Counsel's Office. I negotiated the settlement with them myself, and was satisfied with it...and my DIC was under 1151, with an offset that GC and I agreed to. I did the medical and legal work myself- could not find an IMO doc in those days, and 20 NY lawyers told me I could never succeed. I do not advise anyone to handle FTCA themselves. Still- you have every right to file yourself- and others have been successful as well with no lawyer- but they must have had a strong IMO. I liked dealing with General Counsel. I had made charges in 4 specific areas of VA malpractice, and referred them to the specific VA medical records that revealed what had happened. I believe my SF 95 is here under a search. I kibitzed a lot with the VA attorney who handled my claim and asked what errors most make on SF 95s. He said the biggest error is that they do not fill out all three boxes on the amount they want and the SF 95 must be rejected until they fix it. The SOL is the first thing they check, and he said many are far beyond the SOL limit ( which is 2 years for most, but one year for others- depending on your state).State law controls the SOL. I charged the VA with Acts, and Omissions of acts,in their medical care of my husband, that were not consistent with the standards of the usual medical community, and those act and omissions of acts resulted in his untimely death at age 47. There is more here to the SF 95 under a search. I also succeeded in my husband's 2 claims pending at his death- one was a 1151 claim, that I succeeded in. In 2012 I succeeded in another 1151 claim, and also in a 2015 1151 claim, and also used the missing Peer report ,to be awarded AO DMII under Nehmer. My daughter began to insist ( while she was in the Military, )that I re open for direct SC death.She mentioned dad had symptms of Diabetes. It took me years to do that. She was right. I re opened a claim that husband had untreated and undiagnosed DMII from Vietnam (AO)-it was a lot of work.I had 3 IMOs. Instead of filling under 1151, I filed under direct SC death ( although I proved the DMII was an additional malpracticed condition.) When that award came, everything changed- and brought me more ancillary benefits- and direct SC death DIC. Most importantly it gave me and my dead husband Peace with Honor. We had both worked for the VA, and there is no honor in a 1151 death because the very entity deemed by Congress to properly treat veterans, is often highly negligent in their medical care of those vets. Make sure the doctor(s) you charge with malpractice actually work for the VA. There is a Providers list here unde a search. These are federal contractors, who look like VA doctors, wear lanyards, white coats, and have offices in VAMCs, but thy do not fall under FTCA. They do fall under 1151. Va has paid so many Millions - maybe billions by now) for FTCA cases, that this is the way they can get out of those large settlements. There is no accountability for 1151 awards.I have 2 Bills, in the House and Senate VAC on that travesty.
  16. Buck, I apologize to you if I seemed angry about this- but I was upset , because the thread contained a fantastic CUE that Okichewy (sp?) wrote- and he WON!!! He followed my CUE advice here to the letter. With the new VA crapola that vets,or their survivor will need to "proofread" the RO decisions, before the RO finalizes them, that means every claimant will need to be up to speed on CUE, because that will help them determine what legal errors the RO made. I don't know what VA format this will take-I dont know if VA would ant a formal CUE or just correspondence from the vet, telling them why they are wrong. I will try to find the thread in Okichewy's profile- The brief CUE template there is a perfect example of how to file CUE.But we do have more here. Something else- Daniel seemed to ignore my request for his BVA Docket and citation #. BVA decisions are public, with no names of the claimant.I found Daniel's BVA decisions in mere seconds-and posted it. He confirmed in the thread that i was his decision but I learned a lesson. We have had a few people here over the years who do not give us their BVA Dockets because they do not want us to see the actual decision. His decision ,in one significant regard,did not compare with what he posted here. The BVA decision contained no CUE basis. I did make a suggestion as to filing a different type of claim. Lesson learned- if I ask a vet or widow to give us their BVA docket#,or scan the decision ( or a redact of their RO decision)and attach here and then they don't give us this important info-than no one here here should waste the time I spent on deciphering Denial's issues and trying to help him. Many newbees are not even reading the instructions on how to use the forums and are still hijacking the threads, like in this recent situation above without making a new topic for their specific VA issues. Thanks Buck-
  17. If the veteran deleted their posts , how could they delete that whole thread? I have all their posts in my email. But I am pretty ticked off about this because I have spent hours for 3 days trying to figure out his claim ,in order to reply with what he needed to know.. I think Pete replied to him as well...... I got the IP message from Buck in the thing that emails us responses we are following. "Hi Berta, Buck52 has posted a comment on a topic, Cue Claim Template? (IP: 184.53.48.63) Go to this Post Posted in Cue Claim Template? (IP: 184.53.48.63)" Then when I went to the post, I was not allowed to have access to it. Anybody else get that message as well? I asked others to help --maybe that is why it was all deleted. I will be back to hadit when I see the thread recovered.CUE Claim Template- Unless he himself wanted his posts removed. Maybe he didn't like my last reply.
  18. That whole thread is gone----I hope it can be recovered. I had asked Buck or Broncovet to try to move it from page 7 to a new thread......
  19. denied access via odd mail from Buck.... test Odd email just had an IP address.......I guess everything is OK now
  20. Can the posts starting on page 7 of this thread for Daniel F be moved into it's own topic? If not can others chime in: Thanks-
  21. I found it mentioned here: ....it would also impact accredited agents too, I believe. https://www.vfw.org/media-and-events/latest-releases/archives/2020/3/vfw-opposes-va-decision In part: "March 27, 2020 WASHINGTON – Veterans of Foreign Wars National Commander William “Doc” Schmitz called it “despicable” and “inconceivable” that Department of Veterans Affairs Undersecretary for Benefits Dr. Paul Lawrence intends to eliminate the accredited veterans service officer (VSO) 48-hour review period for claims effective April 30. "
  22. Can someone post a link to this info? I get so many emails a days re: VA, and vet sites, orgs, I dont know where the info came from.
  23. I saw this too on a few sites- I believe vets should only file claims that they are sure they can succeed in.. But that is how I shaped all of my claims....when I realized how deficient many ( maybe most) vet reps are. My point is harsh-I know- but I read BVA decisions almost every day----and it is startling how many of those claims never had merit at all. The ones that did have merit but were denied often involved getting an IMO/IME. When I walked into my state Vet office many years ago with an excellent IMO, they acted like it was the first IMO they have ever seen! In spite of my CUE that warranted a double DRO review- I got the same DRO for both (against the regs at that time) an she told my state rep( who had office next to the RO) that she could not read it -the IMO-and handed it back to him- it never got into the record....except I did send it priority to the RO with a tracking slip-this was when I was finishing my degree at AMU- it is not easy to be a the only civilian in a war college-I maintained my GPA,(Pi Theta Kappa) ,managed to be here on the older hadit board as well,and gladly waited for a BVA award letter. It is amazing what anyone can do when they put their mind to it- and that goes for claims, as well as anything else.Nothing is Impossible. This is another harsh statement- I post many links here daily, that often take a lot time , involving research to find the best ones- links that hold significant claims information.And I can tell right away if the posters whose claims they apply to , do not even read them. I really do not see the point of posting link here anymore, if I can tell they have not been read. Also I know personally of veterans (and maybe a few members here, )who have absolutely no way of succeeding in their claims-solely due to a lack of an inservice nexus. A friend I have has spent thousands on IMOs, and had many trips to CAVC-afew lawyers, but still cannot establish his nexus. Neither vet reps, nor lawyers can perform a Miracle.Neither can a good IMO/IME doctor. As I have said before WE are the BEST vet rep or VSO we could ever get. Everything any veteran or survivor of a veteran needs-is here at hadit. There are so GREAT VSOs and reps etc, don't get me wrong- but they are always overwhelmed and burned out-because they give 100% to every POA vet- and that takes a LOT of time. The VA has withdrawn their NOD ,etc, deadlines. I posted that VA Press Release today here. I agree with AlltheWay- but I am a civilian, not a veteran...widow of 2 disabled veterans , 2 HDs apiece, and mother of a veteran ( my daughter) 7 years USAF Intel.HD. AlltheWay said: "We are all Vets on here or else we would not be on the site. Most of us had to take an ASVAB to enter the service and some of areas of the ASVAB were reading comprehension, so therefore all of us are pretty smart and can read and write. My question is if this is a new change, why do we need VSO's? The only ones that if may benefit is our elders, that are not capable of reading or writing. But as Vets, we were suppose to help our elders. Hopefully the above statement does not get implemented." This site contains by far, more knowledge than many-if not most vet reps, VSOs have, on claims regulations, and established VA case law. If a vet or survivor carefully reads the CUE info here, then they sure can "proof read" the decisions themselves, and file cue ASAP or use whatever other means VA is considering to make the "proof reading" viable. We do that here already when vets get a new decision. If I see CUE, I advise them right away on the CUE and sometimes I write it for them. But by now most of you can write a valid CUE yourselves- if you read the CUE info here- go to the recent CUE 3 prong info I posted. if Vet orgs go down the tubes- with the money VA saves on however they support Vet orgs, the VA instead, should give Tbird a good sized grant to keep this site going, due to more vets coming here in the future - because they cant get a Vet rep or VSO.
  24. https://www.va.gov/opa/pressrel/pressrelease.cfm?id=5412 VA Extends Financial, Benefits and Claims Relief to Veterans Washington - The Department of Veterans Affairs (VA) announced today a number of actions to provide Veterans with financial, benefits and claims help amid the COVID-19 pandemic. The financial relief actions include the following until further notice: Suspending all actions on Veteran debts under the jurisdiction of the Treasury Department. Suspending collection action or extending repayment terms on preexisting VA debts, as the Veteran prefers. For benefit debts, Veterans can contact the VA Debt Management Center at 1-800-827-0648 to make arrangements. For health care debts, Veterans can contact the Health Resource Center at 1-877-222-8387 to make arrangements. The benefits and claims relief actions include giving Veterans the option to submit their paperwork late for the following actions: perfecting claims challenging adverse decisions submitting Notices of Disagreement submitting Substantive Appeals responding to Supplemental Statements of the Case Veterans requesting claim extensions can simply submit them with any late-filed paperwork and Veterans do not have to proactively request an extension in advance. For added convenience, VA will also accept typed/digital signatures instead of wet signatures on its forms. Those with questions can call 1-800-827-1000.For Veterans who have been diagnosed with COVID-19 and need immediate action on their appeals, as opposed to a filing extension, the Board of Veterans' Appeals will Advance their appeal on Docket (AOD). Click here to find out how to file for AOD and what documentation is required. “As all Americans come together to fight the COVID-19 pandemic, we want Veterans to be focused on their health and safety,” VA Secretary Robert Wilkie said. “That’s why we’re taking action to give those with pending debts, claims and appeals greater flexibility during these challenging times.” ###
  25. Maybe that widow's case should be highlighted here somewhere- it says what I have posted here before many times. But the BVA said, not me , so others have a legal deciion they might even need as evidence for a similar situation. BVA cases, per se , are not evidence. BVA "Legal" citations of established VA case law ARE evidence. Been there ,done that.But I just use them as icing on the cake. One excerpt from a BVA decision I got ( rendered moot because I had already won the claim by fighting back the RO crap) I had to call the OGC to get the VARO to even read it. The OGC ordered them to pay me and they did. (Refund of FTCA offset)
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