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Berta

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Everything posted by Berta

  1. "Can anyone tell me where I can report this "provider" for his unprofessional behavior?" I didnt read the whole thread- someone might have already advised this: Check out the xaminer by name at google to see if he is really a doctor. If he is a doctor see if he has any expertise in your type of disability. You can report him to LHI ,their contact info is here under a search, but I think you should also call the White House Veterans Hot line- 1- 855-948-2311 I got many posthumous C & P exams on my dead husband.They were all VA BS. In the last one, the examiner said it was an "inperson exam". By then my husband had been dead for over 20 years. I raised all sorts of hell. I have contacted Sec Mcdough on some problems VA has, but another situation has prevented me from having the time to do that regarding these C & P quacks. Here is the email I use to reach him. denis.mcdonough@va.gov
  2. https://www.va.gov/vetapp15/Files2/1516772.txt You need to read the law Very Carefully. It is limited to what it will provide for any affected veteran, however it can also set up the veteran to file a valid SC claim. The veteran above was denied.The case shows why and how the limits of that law were applied. Here is how Va im M21-1MR applies it: https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000173839/M21-1,-Part-XIII,-Subpart-i,-Chapter-3,-Section-C---Service-Connection-(SC)-for-Mental-Conditions-for-Treatment-Purposes-Under-38-U.S.C.-1702
  3. I made that point here before Tbird-on this regulation. Thanks for reminding all here. Anyone veteran affected by this regulation needs to fight with it if they are denied- I am unaware of any changes to this law, and it still stands as far as I know Many vets have gotten really "bad paper" because they didnt know of this law. It could potentially change a bad discharge into an Honorable one. I will see if BVA has had any cases on it.
  4. Bumping this UP MY Bill passed the senate unanimously-and is with a medical committee at the House - VAC- It will force the VA OGC to do something they dont want to do-and are Mandated to do and it will SAVE LIVES! My whole church ( we have many vet members ) is praying it will pass the House and get into law. I cant be here much lately - I wear lot of hats---
  5. "do you happen to still have those files from the 3 1/2" floppy from the USDA?" No- and the info is documented in about 4-5 PCs ago. This was before the internet was like it is now and what I finally got is available on the net. I wanted information on how many deaths ,annually, in the US, that sudafed and a few other common sinus and allergy meds had caused. There was good info on the floppy but I think I had won my FTCA/1151 by time I got the info.I didnt need it for my claim.I had other evidence: The VA prescribed psduephendrine (Sudafed) to my husband for 8 years in a high daily dose.It contraindicated the very low dose of HBP meds he took. It was one of many factors that contributed to his totally disabling 1151 stroke, and to his untimely death. Also I found a X ray VA did of his sinuses, the reason for the daily sudafed pills. He never had a sinus condition.He never had allergies. He should have never been prescribed the sudafed in the first place and should have been on a higher HBP med. You might be able to Fax a FOIA to the US Drug Administration. for what you need. The VA accepts FOIAs via their web site these days. But then again I have been waiting for years on one I sent to a VA lawyer , about 2 years ago- VA answered the FOIA with some CTA stuff. Thanks OK I have a different battle plan anyhow.
  6. When you got the deposit , have you gone over the retro amount by compariing it to the ratings they awarded and their EEDs? I know the feeling- Long ago I got a check from the VA for over 20,000 bucks- I had no idea what it was for- I called 800# and in those days I knew some of the 800# people by name- I said to the 800 man, Jim Ferguson, what is this money for? And he said a letter would come soon. I was afraid to even deposit the check. About a week passed -no letter so i called 800# and Jim answered the phone again and I said 'Jim, I put this check into the bank and I spent most of it at Kmart this weekend so I hope that letter comes soon.( he LOLLed because he knew from past 800 conversations ,I was a funny 800 caller) . I had not deposited the check. Finally I got the letter- It was either my REPS benefit check, or something else- I have had so many dealings with the VA, I dont recall what it was. REPS- this is a benefit for survivors of Vietnam vets who lost SSA regarding their child's age due to the Omnibus Reconciliation Act ( Under President Reagan) My so called vet reps had never heard of REPS. The application was with the original DIC forms. Getting a check or deposit from VA, that we do not understand ,is often as stressful as getting a denial. It is explained here under a search
  7. "how long did they take to process your FTCA claims?" Regional Counsel VA wanted to settle with me in March-1994 I filed at end of December 1994 or maybe January 1995 ,then a lot of absolute VA BS happened-and I settled with the USA in 1997. The MF showed up- MF Mysterious fore employed by the VA who removes probative evidence from C files. But when you get denied oeven if you win,, they put it back in the file. sometimes. "I figured if the FTCA fails, I still have the option of filing an 1151 due to no time limit, but I wanted to first find out if you heard any news about the possibility of 1151 benefits being paid separately from regular disability compensation? I think you mentioned an old OGC memo involving it." It is OGC Pres Op #08-97 My RO refuses to read it- because they owe me a lot of money-I have been in touch with VA OGC a lot the past week on another matter, and that is the last on my list that THEY need to resolve. OGC had to order my RO to pay me some retro years ago- that was the first situation like that they ever had. The check was in the mail.
  8. I suggest you contact the White House Veterans hot Line: 855-948-2311 The C & P exam might not reflect what you actually said .
  9. M21-1MR link should be here- I had former Sec Shulkin change the HLR regs and CUE regs, so look for the newest changes. Disregard the arguments over that in the forums, the arguer did not have a single CLUE-on CUE and they represent vets and widows. soon I can say they used to rep vets.
  10. If the DIC form was filed AFTER one year from date of death, the decision will state, why she is not eligible for a better EED. The DIC regulations are all in our DIC forum. If this death fell under AO Nehmer, check Footnote One here- it may or may not apply. My husband died 27 years ago,1151 DIC /FTCA settlement-VA malpractice that caused his death. I filed again under Nehmer 2003 and 2009 for direct SC death -my Nehmer retro went back to August 1988.
  11. 1151 means malpractice- if you can scan and attach the letter here, you will get more help Cover the C file # ,name, address prior to scanning an attaching it here. Was the veteran ( or are you the veteran ) ever a patient at Fayetteville, VAMC? If not what VAMC is this? I am successful FTCA/1151er- I have lots of info on that here under FTCA/1151 forums. My bill ( passed the Senate unanimously) on VA malpractice, has gone to a VA medical comittee of House VAC-maybe the VARO saw something odd,in documented medical records, that they can't cover up- and do not want to be sued AGAIN.
  12. " I wonder how many veterans have been affected by their misinformation?" I would guess THOUSANDS AND THOUSANDS_ I have been around the VA 'block' since 1981-I can make an educated guess. You would not believe how they treat some of us widows- If any of you have a spouse get them up to speed on your VA issues, and make sure they can use a PC and also make sure they have your hadit password-or can register her themselves, as a member ifyou die. My neighbor 's husband 70% SC died the day after he was disharged from a hospital, that VA sent him too- she does not have a single clue what to do- I have another matter that needs all of my time, but she is going to the County Vets service Agency tomorrow- I know their VSO and he can contact me if he needs my help.Dr. B already told me he will help her too-she hs very little money- but he still will help her....as he hs helped MANY who cannot afford an IMO fee. GOOD successful doctors have to provide Pro Bono services and keep an accounting of them.
  13. To clarify- I know VA disabled veterans who are also attorneys., for claimants and/or other speciaties, One of my lawyers is a disabled Vietnam veteran and he needed my help for his VA claim.
  14. Broncovet-he already filed an OIG complaint and I believe it has merit- "One VA employee informed me that the money was deposited in my bank account because it was money the VA wrongfully took out for attorney's fees. Strange." It sounds like they had to CUE themselves-did you actually have an attorney? Or are you the attorney? I had a situation like that for a local vet- the VA ,due to my letter to them, would not pay his attorney fees. They had withheld them for payment from his comp. His attorneys didnt do a thing for him and I helped him get his award. They are not with NOVA anymore.As far as I know. A vet lawyer (RW) is in trouble with VA for his fee situation . We have to be careful who we deal with ,at every level. "
  15. I have info here on AO HBP- are you an incountry Vietnam vet or a Blue Water Navy vet who falls under the AO regulations now? Great advice above- I have a pening claim for AO HBP- I already provd my dead husband was malpracticed on his HBO and multipl other diabilitis to in clude 2 AO presumptives. I posted here some vets who succeeded at the BVA with AO HBP and I used the same evience that is posted in our AO forum. I do expect it to become a presumptive but tthe problem is, Time is the enemy of veterans- nd Vietnam vets are dying by the day an their urvivors might not evn have a clue on how to file a AO HBP claim- I lso bet Mny vet reps do nothave a clue on AO HBP either. As soon as I get time- cant be here much I will update the AO HBP info- maybe someone here can bump it up for you.It might not apply to you but hundreds of guests are here by the hour. But as others have said, there might be many other ways to go, such as secondary.to PTSD , or even secondary to a VA prescribed med, et etc. etc etc etc. We need more information.
  16. This came up here in the recent thread: If anyone here feels they need to file an OIG ( VA) complaint, they need to read the VA OIG link in the thread carefully.recent Been there done that
  17. Charlie the VA OIG has a detailed complaint form on line- They do not handle claims issues, per se, but in your case they might. https://www.va.gov/oig/apps/info/hotlineGeneralContactForm.aspx?cc=s They will immediately accept the complaint and give you a copy of it on line but you have to copy that fast and save in you PC, as theycannot be reached by your link to them where you filed the complaint. and they usually will snail mail you their formal acknowldgement of the complaint and also might call you. They only use email on complaints very carefully- For anyone interested, the first complaint box has a limited # of characters. The rest of the complaint, they give you plenty of room to discuss and can accept attachments- Think about how serious your complaint is and shape that first small box ,in a way to garner their immediate attention-carefullychoose your words, as the rest of the form will give you plenty of room to expand on your complaint and send them evidence. Make sure you give them any names of any individual who is important to the complaint- and any contact # you have for them. Something does seem 'fishy' here.
  18. Berta

    Hypothyroidism

    Russell, you stated: . "The VA now has to go back and look at those denials." INDEED THEY HAVE TO!!! You seem to be a Footnote one Veteran, under The Nehmer Court Order. I am a Footnote One Nehmer widow. When the VA put new presumptives into the Regulations, they stressed, particularly when IHD went on the regs, that they would review all past denials, of recent awards , for new presumptives claims. VA did not do that in every case-a few of us here ,including me, never got that review- I have been involved in the AO issue since 1991. I did not care that my RO overlooked my review- I know Nehmer in and out but how many other vets and widows/widowers never got that review? I have considerable info here on Nehmer to include Footnote One. My email from NVLSP AO attorney Rick Spataro here as well- disregard the arguments that involve Nehmer here- that person had no idea what he was talking about- the bad part is, he is a VA accredited agent and might well have messed up Footnote One claims from vets,And deprived them of proper VA comp. Footnote One is the Essence of Nehmer. If VA really does a review, and you dont think it is right- I will give you the NVLSP contact info , and they will review your decision for free. Nehmer was a Class Action lawsuit, won by NVLSP. You know that- but I think there are plenty of Blue Water Navy AO vets out there who dont know yet that they might be considered the same as Incountry Vietnam vets , for VA comp and they too might fall under Nehmer Footnote One, for a Very Favorable EED.
  19. Please scan and attach your decision to include the rating sheet or any rating info and also include the Evidence list. And cover your C file # prior to scanning it. Some lawyers ,Both of above are very good, depend on paralegals triaging their emails etc. I did that for 7 years when I worked for lawyers so best to call the firm your self- if their email contacct comes back as negative for your claim. The lawyer might have never even seen the email or on line chat- If I am not here someone will definitely help you.
  20. "This legislation would extend state veterans benefits to New Yorkers who were less than honorably discharged from the U.S. Armed Forces due to their sexual orientation, gender identity or expression, military sexual trauma, traumatic brain injury or post-traumatic stress disorder" This is old news- Gov Cuomo quit due to the 2 scandals he was invovled in. But is still is good news for TBI and PTSD veterans ,many who have already gained their proper Service connected ratings. And same sex marriges are, by law,( dont have that date)those who fully meet the spouse criteria ,have had quite some time now, the ability to be compensated by VA , if a surviving spouse of a deceased veteran applied for DIC under the DIC regulations, and they are given the same chance we survivors of a veteran all have, to prove their same sex spouse died , and their death fallsunder the DIC regulations.
  21. I am sure it would apply to any veteran with an OTH, because many "bad paper" vets succeeded by taking all th steps I posted here for you and others many years ago. I havent read the link yet-but thanks for it- We had a bad paper vet here recently-and his BP was turned into Honorable Discharge and he went through hell before he aggressively fought back. I helped a Bad Paper vet long ago and he too got an Honorable Discharge- Nothing is impossible- it just takes a LOT of work , sometimes.
  22. Thanks Broncovet The claim I mentioned I iled in 2003 received a 1994 EED because it was a Nehmer Footnote One Claim. The claim I filed when the AO IHD regs came out ( 2010 ???) Also I got a 1994 EED because it was a Nehmer Footnot One claim. My pending claim is also a AO claim for HBP based on the same evidence vets have been succeeding with for AO HBP. This applies to all incountrys and also to Blue Water Navy veterans. Not Nehmer yet-but I expect it will become a valid new presumptive These BVA decisions might help some here to understand the regs better- There are conditions for re opens. https://www.va.gov/vetapp21/Files12/A21019496.txt https://www.va.gov/vetapp21/Files10/A21016546.txt https://www.va.gov/vetapp21/Files3/A21006708.txt I believe this widow is a member here. The BVA is correct in the denial. Here is a 3.156 winner winner Chicken Dinner: "Citation Nr: 21029600 Decision Date: 05/14/21 Archive Date: 05/14/21 DOCKET NO. 19-37 873 DATE: May 14, 2021 ORDER An effective date for the grant of service connection for posttraumatic stress disorder (PTSD) is granted effective May 30, 1997. FINDING OF FACT Evidence of the Veteran's PTSD disability existed prior to the issuance of the denial of the claim in July 1998, was relevant to the claim, and had not been associated with the claims file at the time of the prior decision in July 1998. CONCLUSION OF LAW The criteria for entitlement to an effective date of May 30, 1997, for the grant of service connection for a PTSD are met. 38 U.S.C. §§ 5107, 5110; 38 C.F.R. §§ 3.156(c), 3.400. https://www.va.gov/vetapp21/Files5/21029600.txt 24 Years of retro- probably a Fenderson rating- in any event however a REAL NICE Chunk o CHANGE.
  23. You are both right- Re opens usually get the Re open date for retro - if successful. That paves the way for a successful CUE -------depending on the denial rationale and the rating sheet. I reopened my claim in 2003 but the EED went back to 1994.... I would have to pull it put to find out why- not a CUE and not a 3.156. It was a change from 1151 DIC wrongful death to Peace with Honor- Direct SC death- maybe that is why. I had 2 IMOs from Dr Bash, a freebee from a former VA Neuro in email and I knocked down the remand doctor and sent that to the BVA.- He didnt have a clue, so BVA gave his opinion no weight- maybe it was a CUE claim, from me I have filed so many I forget- you are right on 38 CFR 3.156-I never needed that as a widow.
  24. Do not EVER Give UP!!!!!!! NEVER and stay as healthy as you can- Mr.Watson -VA is not the enemy of veterans- TIME is- But most of us have had horror stories due to the VA- if you dont have PTSD when you start out with them, the claims process might give you PTSD. They -veterans-have to be able to continue their claims as long as they can- otherwise if they have a spouse, the spouse can do that-if they die. I spoke to a widow today-they own the farm next to my farm and he died Tuesday. 70% SC, USAF Japan. She doesn;t have a clue on VAOLA but I know her husband; s vet rep and asked her daughter to join us here as every thing they need to know is here under DIC forum and 1151/FTCA forum. She does not know how to use a PC. He left the hospital and died next day at home----?????
  25. Thanks, my point too rattler- I dont undrstand why people join hadit and then never come back. Someone at the other vet site , a widow, said I asked her to many questions here- My training came from NVLSP long ago- and any good vet rep or lawyer or agent would ask her the same quesions. There are a few new members I helped recently who need more help but they never returned. One is a litigant but his posts were removed.He didnt need our help however for a VA claim.
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