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Everything posted by Berta

  1. You asked: " I have the form but I don't know hoe to upload it, all it offers is to insert a web address, is there an email I can send the information to and then perhaps you can post it here? " By 'form' do you mean the VA denial Letter? I assume this was scanned into a pfd. or a doc, or docx, so just go to the choose files thing below and your pdfs or word docs will open and just click on the one you want to attach here. Sometimes I make pdfs, from scans and sometimes I put the scanned info into a Word doc and then I just copy it and paste it here.
  2. sorry, I posted this on the wrong page-same reply- Cover the C file #, ame, etc, prioring to scanning it. You might want to contact Jerry Wright, as GBArmy has his contact info-as maybe you could help them get that Bill through congress/senate- The bill is to extend the manifestation times of 3 AO presumptives. Chloracne regulations are here: VA presumes chloracne in veterans is related to their exposure to Agent Orange or other herbicides during military service. When the disease appears within one year of exposure to Agent Orange to a degree of 10 percent disabling by VA’s rating regulations, service connection is awarded. VA mandates the one-year period after exposure because dioxin-associated chloracne presents shortly after exposure. Therefore, there is no risk of new cases occurring long after service in Vietnam, or such cases would not be related to Agent Orange exposure. Chloracne is rated as follows under 38 CFR § 4.118, Schedule of ratings – Skin using Diagnostic Code (DC) 7829: https://cck-law.com/blog/chloracne-and-agent-orange-benefits/ I hope your father has his SMRs and that his discharge certificate shows skin condition- but when was he formally diagnosed with Chloracne and has he had subsequent continuous treatment for it, since his Vietnam service. This will be a very difficult claim to prove, and this is why I asked what other diagnosed conditions he has because there are many conditions that are presumptive to AO without the one year manifestation period. I will see if I can find any other Chloracne awards at the BVA.
  3. Can you scan and attach his last denial here? We need to see the date of denial, the VA rationale for it and the evidence list. Cover his C file # , name, address. what other disabilities does he have?
  4. Does he have any other disabilities? Can you scan and attach here his last denial, to include the evidence list? (Cover his C file #, name, address prior to scanning it.But we need to see the date)
  5. To "Wife" it would help if you open your own topic- so that others will see it- Every claim depends on the Caluza triangle- explained here: Is the document from the Dept of Army specific to your husband? If you can scan and attach his last denial, maybe we can help more- please cover his C file and name, prior to scanning it- and please put it into a new post- The Edgewood Arsenal post was in 2009.
  6. It is highly unusual for the VA to deny any veteran health care- Broncovet is correct- if you have "bad paper" meaning a discharge less than Honorable, and that is their reason for denial, you must act fast to get that corrected. This link might help- it refers to the "Hagel Memo" which helped many vets get upgrades to their discharges.
  7. This seems to be confusing----- I only had one case at the BVA ( A prior BVA appeal was dismissed because by then I had won that claim at the RO level.I didn't know then I should have withdrawn the appeal) and I had 3 IMOs. They (BVA) had two negative C & P exams, and remanded for another posthumous C & P exam. I gave argument on the third exam, and sent it directly to the BVA, with my docket #,.as the BVA wanted a Cardio opinion, but I got a PA opinion, and I could easily knock down the medical stuff in the exam, as it was too speculative. I ordered a cardio IMO as well, but the BVA award came before the cardio IMO I paid for. It is not unusual for a claim to be sent back to the BVA. "After following the BVA’s orders, the regional office will issue a new decision. If the Regional Office grants your claim, you will receive a rating decision with a Notice of Action letter explaining your grant. If after the additional development the Regional Office again denies your claim, you will receive a Supplemental Statement of the Case explaining the denial and your case will go back before the Board for review. " https://cck-law.com/blog/happens-va-appeal-remanded/ I mentioned here over the years that a claimant should follow the remand themselves- as they might have whatever the BVA asked the VARO to do- say the RO denied a PTSD claim saying JSRRC could not verify the veteran's stressor=but the veteran themself wrote to JSRRC and got verification of their stressor- and sends it to the BVA, as that might have been the reason for the remand. In my case, I had 3 favorable IMOs for my claim and BVA wanted a third VA C & P result. I had ordered my 4th IMO because I wanted to get higher than relative equipoise-one of my IMOs as only 2 paragraphs long and a freebee. But my evidence, in addition to the IMOs was staggering. The award says" "3. The weight of the competent evidence is at least in relative equipoise on the questions of whether the Veteran had diabetes during his lifetime that was caused by Agent Orange exposure during his Vietnam service, and whether that diabetes caused or contributed substantially or materially in causing the Veteran's death." I hoped they would say the claimant had a S--- load of evidence. Only because if they had listed the evidence I had, it could have helped others who read BVA decisions -that hold a wealth of information, and rationales as to why they denied or why they awarded.
  8. https://www.va.gov/disability/eligibility/special-claims/1151-claims-title-38/ A better description ( from VA) than I posted. After my husband died, with a 1151 claim pending, I won that claim and about 4 more, solely due to VA's incompetent medical care. I won FTCA as well for his wrongful death . They failed to properly diagnose and treat his HBP, Heart disease, Diabetes Mellitus, and his stroke.**** His 1151 claim was primarily based on his PTSD-but with his concerns on other problems he had that he felt they had misdiagnosed.and they did start to give him better PTSD treatment, but he died a few weeks after the PTSD inhouse program. **** I have a pending claim for AO Hypertension, He was awarded unde Nehmer for the AO IHD, 100% P & T under 1151 for the stroke, and th Diabetes Mellitus was so badly misdiagnosed that they VA never rated it- that'a ok- It was the most important claim I ever had. It gave my husband Peace with Honor- and me too. The VA seemed reluctant to give you an MRI-and that revealed that you needed surgery- if you consider 1151, th surgeon ( I assume that was a real doctor ( non VA doctor)might be willing to give you an IMO/IME if he felt, with your medical records, that the VA failed to adequately treat you , early on. I had to threaten to call my congressman to get a CT scan done on my husband- who could not talk, see well, or walk, when admitted for what his doctor said was labyrhinitis-the CT sca revealed it was a major stroke and other areas of brain damage, ( that I proved were misdiagnosed by the VA in many trips we had to make to the VA ER, which also misdiagnosed his heart disease as a sinus infection. I didn't file the diabetes claim under 1151, but under direct SC death due to DMII (AO) contributing. No diagnosis and no treatment in his medical records at all. It was a lot of work , a lot of study of Endocrinology etc etc ,and I wanted to be sure I had a successful claim, before I paid for an IMO- and I got 3 IMOs, and won. I get google alerts about 3-4 times week on VA malpractice cases. If I can ever get my Bill passed i the H and S, there will be a way to stop some of it. The federal contractors who work for VA as doctors, etc are not liable under FTCA, but they are ,under 1151. I am trying to get that travesty changed,.
  9. " I just had surgery on my elbow in Feb. and my claim for my elbow is now sitting in the long list of appeals. " Can we see their last denial? ( Cover C file, name, etc prior to scanning and attaching it here.)
  10. There is no 38 CFR 1404(b) That is a BVA regulation- 38 CFR.20.1404 (b) "CONCLUSION OF LAW Because the threshold pleading requirements for a motion for revision of the Board's December 2008 decision based on CUE have not been met, the motion must be dismissed without prejudice to re-filing. 38 C.F.R. § 20.1404(a), (b) (2010)." https://www.va.gov/vetapp10/files6/1041990.txt I cannot comprehend why your lawyer is filing a Motion that is only appropriate for the BVA. Have you googled your lawyer to see what expertise they actually have had regarding VA claims? If you can scan and attach here the decision that you feel is wrong- with the evidence list they used, I feel you should file the CUE yourself. We have a wealth of info and also templates in our CUE forum. Cover your C file and name, etc prior to scanning it. I also suggest that you might have a basis for a Section 1151 claim on the elbow. Section 1151 info is here as well= Section 1151 claims- no time limit to file- rest on two points: 1.The VA failed to properly diagnose and/or treat a disability and 2. because of these medical failures, the disability got worse. Has your lawyer suggested filing a Section 1151 claim at all?
  11. https://www.military.com/veterans-day/restaurants-veterans-day-military-discounts.html?ESRC=pre.nl&spMailingID=4349274&spUserID=Mjk4MDA5NDY2NjcS1&spJobID=900216171&spReportId=OTAwMjE2MTcxS0 This link was in email I just got from GSW, Inc and they also said the Amazon Prime discount will be applied to us Amazon Prime members ,too!!!!!! They say to sign up here: https://www.va.gov/opa/amazon.asp?fbclid=IwAR1sOvCC1QrEaGTgynaR88HwtF-BKvfHTC6ECFF1CQIATC6CMgUI7_bhWo4 WO!, I have been a Prime member for many years-sounds good.
  12. I found this at SwordstoPlowshares and it might help: https://www.swords-to-plowshares.org/guides/ptsd-statements-from-friends-and-family-members/
  13. I worked in a PTSD combat group in 1983 ( VA Vet center) and know many PTSD vets, and I married one. I too have never heard the phrase "impact" letters, for a PTSD claim- The VA will be seeking a stressor-and if you do not fall under the 2010 PTSD regulations, ( these were mainly for combat veterans), they will need to verify your stressor (s). I have an article here under a search as to what is and what isn't a stressor- And also an article on Buddy Letters. Broncovet and vetquest are correct- the VA will only accept a PTSD diagnosis from a VA doctor. And that is only half of the hurdle. A Major stressor is what gives anyone PTSD. Unless you fall into the 2010 regulations and/or have the CAR, CIB, and/or PH on your DD214, you will need to give the VA a stressor they can verify or that you can verify yourself by writing to JSRRC ( their address is here under a search) Maybe I am misunderstanding your question-by "review" , is this for your first PTSD C & P exam? Or ,are you SCed already for PTSD, and this is their regular periodic review- to see if you still have PTSD---- Don't get me wrong- PTSD does not vanish and there is no Cure, and as long as a PTSD veteran takes their PTSD meds, and goes to their VA MH appointments- then there should be no problem with the review.
  14. This is the form I believe the attorney needs to use- https://www.vba.va.gov/pubs/forms/VBA-21-526EZ-ARE.pdf ":Before I sought out an atty to handle the cue, I read everything I could possibly find regarding cue" Good for you- It certainly sounda like the basis for a good CUE. Question-did the attorney approach the CUE , as a violation of 38 CFR 4.6, or as a claim of CUE under 38 CFR 3.156? Or both? I am astonished, since this seems to be a VARO decision, that he filed the CUE as a Motion. We have plenty of CUE templates here- maybe you should use the above form and with a template to guide you, you could file it yourself. But It sounds like a case of "newly discovered service records" 38 CFR 3.156- or a case of violation of 38 CFR 4.6 ( My favorite CUE regulation) because, if they had your service mdical records, but didn't consider them, that is a CUE.
  15. http://www.oldbluewater.com/ The archives there have been of great help to many and the two new site links are there as well. Please pass on to any Navy veterans you know, who served during the War, that if they have an AO presumptive ,and they serviced within the 12 mile limit of the coast, they will receive equitable processing as with all incountry Vietnam veterans, due to the momentous decisions that past tear ( Procopio and HR 299). If they were denied in the past for an AO presumptive due to no 'BOG', whether that VA decision was an award for something else, or a denial for the presumptive, the decision should contain a rating, as NSC for the denied AO presumptive ( but it might not) and that decision could potentially bring them a large retro check. They should check here first to see if their ship is on the AO Ship's list ( but even if it isn't they should dig out their deck logs to see if their ship was within that 12 mile limit during the war. The October 2019 ship's list is in this forum as well as link to National Archives, if they need their deck logs- because NARA has many, deck logs available, listed by ship, at their site. The AO ship's list ( Oct 2019) could grow even more and I will post if I get info on that. If you know of any Blue Water Navy widow, they too should be advised of Hr 299 and Procopio. VA said ,months ago, they would not be going through claims files that could indicate a veteran would now potentally be considered for AO due to their BWN status- But they ARE doing that- I only hope that if the veteran's file shows they are deceased, that their spouse will be notified with the same type of letter that Navy vets are getting.
  16. Berta

    Sub sailors and AO

    I picked up something that indicated submarine crews might have been exposed to AO during the war, and in with John Rossie . John Rossie replied: "the VA has stated that BWN ships do not have to be surface ships. This was way back when we were setting up the Inland Water Ships List, the the statement was not meant to limit this to Inland Water travel. These were the guys from VBA at headquarters. I believe J. Wells verified that also, because we have had a lot of sub-sailors checking in with us. There were 6 or 8 in our original membership." Also John sent me this more recent letter from VBA as to th processing of NWN BWV claims: VBA Ltr 20-19-10 Processing of Claims Stayed Under BWN Act (USB Policy Memo) (1).pdf
  17. The criteria for S- DVI is here: https://www.benefits.va.gov/insurance/s-dvi.asp at the left of that page there are other links to other types of insurance veterans can apply for.
  18. I only found this post and the welcome post. What was the date of the decision, if it does not show up on the scan.
  19. This question came up before and the consensus is what Vync said: "I called my local VSO and he told me to use the VA Form 21-526EZ (which is for new claims)." This was the first post here: "So in April 2019 my atty. filed a CUE Motion. Today I contact the 800# and was told my CUE Motion is in the file but no action is being taken because it is on the wrong form. Does a CUE Motion override the need to file a form? The person on the other end said my atty. needs to fill out the V9 and submit that. Is that correct? Any help would be greatly appreciated. Thank you. " I wonder why an attorney filed a Motion of CUE on what seems to be a RO decision. Something does seem to be "amiss" here. A Motion form is far different from regular claims forms. The 800# is correct in this sense- one can only file a Motion on CUE with the BVA-you dont have a case at the BVA yet-to file Motion on- I 'll go over your past posts ,to try and figure this out, but could you scan and attach here the decision you believe holds a CUE? A bonafide CUE claim could be rectified within the appellate period.Most of my CUE claims were. No need for an NOD or I-9 appeal. Cover your C file and name, address prior to scanning it. and please add the evidence list.
  20. Good! There should be a form for CUE- So many vets are filing CUE these days- I have filed many but just sent them a letter stating this is a claim of CUE, with the regulations etc and evidence. However ,widows/widowers, if filing CUE now have to use the new Accrued benefit forms.21P-601 With the new Blue Water Navy situation, those widows (who might never have filed a DIC claim,) will need to file that on the new forms and they can add the accrued claim to it.- If this info changes I will post it here- probably 70 % or more BWN AO vets or their survivors do not even know of the AO victory they received earlier this year. Even if the widow never filed for accrued within the first year after their spouse's death- if they can prove, with their husband's deck logs, and proof of AO presumptive, they will receive a very favorable EED in some cases, if a past VA decision contained a rating as NSC for any AO presumptive.
  21. We have a PEB/ MEB forum here- that directs you to another very good site where there is a forum: https://www.pebforum.com/ but it looks like they will SC all of your issues-yet we have no idea how they will be rated. They usually do not state "as likely as not" when a service person is still in the military- "The VA examiner wrote “ Active duty complaint” after every C&P exam." That should do it- Also , if you need help, hopefully the base, or installation has a PEBLO- Physical Evaluation Liaison. But keep us informed as this goes----and hopefully , before you leave the Mil they will direct you to someone ( vet rep, VSO) who can help you file the formal VA claim.
  22. Are you being MEBed or PEBed out? If so are you waiting for a LOD (Line of Duty Determination)?
  23. Time is often of the essence when applying for SSDI-as this link shows: https://www.disability-benefits-help.org/faq/work-requirement-qualify-social-security-disability It does not pay to wait to apply, I am not sure if this regards SSI as well.
  24. I am concerned at what you posted Monday: "We are trying to get all his VA paperwork in to hopefully get him to 100%. " Has a formal claim actually been filed yet? Is it on the new claims forms? Is there any possibility that the guy ho was arrested, did file a claim for him? I hope you realize that it will take time for the VA to even acknowledge his claim. Maybe one of the IMO/IME doctors listed here , who has expertise in mental health issues would be willing to work with you on payment for an IMO/IME. https://www.imenet.com/specialties/occupational-medicine?state=arkansas https://www.almexperts.com/expert-witness/independent-medical-examinations-ime/arkansas http://www.independentmedicalexaminer.com/IME-Directory/Arkansas/ If he is eligible for SSDI, that will go faster than his VA claim, and if he does get a SSDI award, that is solely for the conversion disorder(and/or PTSD due to his service ) that SSDI opinion will be worth it's weight in Gold for VA purposes....plus it will garner a SSDI payment to him every month..... https://www.ssa.gov/planners/disability/qualify.html I hope you realize that MANY here over the past 22 years have had to get costy IMO/IMEs for their claims. I paid 4 thousand for 2, and then paid about 1400 for an additional IMO ( my claim was awarded before I even got that IMO so they refunded about half of my fee) and I felt I didn't even need an IMO at all, with the evidence I had, but it was the best investment I could make.
  25. Yes, I believe Dustoff is correct on the proper form. I had two CUEs pending at my VARO and was sent a packet with the new forms us widows need to file. A CUE from a widow has to be filed as CUE for legal error and accrued benefits that would result from a successful CUE. This sounds like a RO decision- if so the lawyer should not have filed a CUE Motion, he should have filed a CUE against the VARO decision. Broncovet is correct- Motions for CUE are only appropriate for BVA decisions. GOOD for you Dustoff! I have won many personal CUE claims but one of them took 8 years -and was resolved when I filed a newer claim under Nehmer. The last one took three weeks. I filed it the day after I got a denial. It was awarded but contained another CUE that sat at my RO for about a year until they sent me the new forms. Jangs =do you have a copy of what he filed? Dustoff said " As a pro se non attorney veteran the court grants me/you a great deal of leeway in proceedings before the court". I found that was the case for me as well when I filed FTCA for the wrongful death of my husband. No lawyer I contacted would help me, they all said I would never succeed. I didn't even have an IMO. I love negativity-it inspires me to go the whole 9 yards. I had what I needed :Evidence, all from my husband's VA medical records. One thing about the OGC- they know 38 USC,CFR, and all VA case law in and out-they were tough but so was I ----and it was actually a wonderful experience to deal with people at the VA who actually knew what they were doing and could READ! when I called them a fe years ago about something else, I got the lawyer who I had dealt with again and he was exasperated when I said VA owed me more FTCA money! Of course they didnt , under th original FTCA case, but they owed me a refund of the FTCA offset ,my RO refused to pay and the OGC had to order my RO to pay me....which they did right away. As you know it is hard work sometimes to be representing ourselves, but I would do it again if I had to. I also helped my husband win the first EEOC ADA case here in NY. The ADA lawyer called him but he was in Day treatment at the local VA and the lawyer asked me who prepared all of his evidence, and I said I did.He asked if I was a lawyer- funny the DAV lawyer asked me the same thing-when I sued my DAV rep.After I deposed his client, much happened that day- this suit was not for money-, the DAV lawyer pulled me aside and urged me to become a lawyer. ( But my only interest is really just in VA case law) My long point here is sometimes we can do MUCH better representing ourselves-specifically with the VA- because no one knows our claims as well as we do. And the regulations VA uses against us can be turned around and used ,by us, against them. My current issues involve a General Counsel Pres Op # 08-97. No one has ever used that against them. OGC Pres Op states very clearly that no veteran or survivor should be deprived of a 1151 award in addition to any SC awards they have....meaning the monetary awards for each should be paid .In a conversation I had with NVLSP ( as an advocate- ) I happened to tell one of their lawyers that I had finally won my FTCA and 1151 issues, and he said- Great, and if you ever succeed with direct SC death, you get all of the comp, under 1151 and direct SC. I didn't know what he meant-this was around 1998 and OGC didnt have a web site then. Now I know- he meant OGC Pres Op 08-97. I will take this to the CAVC if I have to-but the opinion is clear as a bell, and has never been rescinded nor does it contain any statement that says "except for veteran Rodney F Simmons, or his surviving spouse." I have never found any similar situation at CAVC or BVA whereby a veteran had both 100% under 1151 P & T, and also 100% SC P & T for PTSD. Nor any surviving spouse whose veteran spouses death was declared under 1151 for multiple malpractice issues, and then who proved their death was SC ( I have 2 separate DIC awards fo direct SC death- and have a claim in for AO Hypertension, following what the BVA awarded vet did -in our AO forum. My IMO for that is from the VA - it was their medical opinion that awarded the FTCA case. I sure appreciate what you have done- that CUE must have been a beauty- and I hope it garnered plenty of retro.!!!!! I also await the audit I requested by filing an IG complaint.It is in process and might be resolved this month. I have had three erroneous audits to the tune of $98,000 plus, over the past 23 years, that I did not get until the regional and General Counsel stepped in ( part of that amount was the FTCA offset) so I advise vets to carefully go over their audit figures when they get retro.
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