Berta

Hello Berta, by chance do you know why they shut down the Grove City Ohio VA clinic?  Where did it move to and why was it moved?

PLEASE POST QUESTIONS ON THE MAIN FORUM

 Have had computer issues lately.  Anyway I'll try to answer your questions.

I was an AVIATION MACHINIST MATE and was a mechanic on a flight crew and also assigned to an engine test cell .

It took me a while t get things moving but I will say that trying to get rated for PARKINSON service rated IS NOT something that an individual should try on his/her own.

I quickly realized that an attorney was a must.  I hired Hill & Ponton in Florida to take the ball and run.  If I didn't wi'n it was to cost me nothing.  I quickly found out it is all about presentation.  I will say it did cst but nothing was taken from my settlement.  A bill was sent to me from the attorney office.

I did have to pay $2000 for a doctors letter as my outside doctor and VA. doctors did not mean a lot.  The $2000 was paid by the attorneys office and was included in my total fees.

My BVA case was as follows:  Citation number A20009507 dated 5/28/2020 and docket number 200213-66979.  

. I am still in another issue related to this case but attorneys have appealed the issue of how far the VA went back.

My advise is get a  law office that will take case with no fees unless you win the case ( pretty sure bet that if they take it then it is very winable ).

Sorry it took so long and thanks for all yu do for the vets 

My issue is how to get VA to look at a 18yr old claim. My original claim. I see that they didn’t use all the supporting evidence on rating for Anterior disc fusion. If they had used all the material evidence provided then they wouldn’t have given me 20%. In 1999 title 38 explains that limitation of motion of the cervical spine and a demonstratable deformity from fracture warrants a 30% rating. Problem is the wording. Deformity is never mentioned in any of my exams however my radiological consultation request and report dated September 94 (while I was active duty) reads... examination of the cervical spine in two views: no demonstratable recent traumatic pathologies and cervical spine except straightening of the cervical Spine due to muscular spasms. Fused vertebrae or seen at Levels  C5-C6 which may be due to the result from an old trauma. (I broke my neck when I was in the army) Another diagnostic radiology report dated May 2002 and conducted at VA Medical Center, Louisville, KY states The examination of the cervical spine is compared to a study done in March 2001 the fusion at C-5 has not changed appearance since that time. The alignment still shows rather marked straightening of the normal lordotic curvature. Making note that they refer to my compensation and pension exam for my disability in March 2001 that Diagnostic radiology report says there is normal alignment there is evidence for anterior fusion of C5 and C6 vertebrae bodies. There are mild to moderate degenerative changes involving the C4 and five and see six and seven levels joint space narrowing is seen no acute fracture or subluxation. But the radiologist in May 2002 used March 2001 to compare the changes and he said there were no changes and that the fusion at C-5 C6 has not changed appearance since that time.The alignment still shows rather Mart straightening of the normal adult curvature he said it still shows when in 2001 they didn’t even mention it. I’m going to move forward to February 2004. I got approved for an increase but...There wasn’t an increase on my cervical spine anterior fusion. I say again deformity is not mentioned anywhere in my records but I looked up straightening of the lordotic curve in the cervical spine and loss of lordotic curvature of the spine it’s defined as lordosis. I looked up deformity it lists scoliosis lordosis and a couple others. Just because deformity is not used in Any other diagnostic radiological reports or consults but that doesn’t mean it isn’t a deformity. It just means they did not list it for whatever the reasoning was. In August 2003 I was referred out from VA to aneurosurgeon the Neurosurgeon’s letter ofinterpretation of the radiology report stated there is a mild scoliosis of the cervical spine complevexity to the right. There is loss of cervical lordotic curvature was also an independent review of systems he noted MRI scan of the cervical spine reveals presence of loss of the cervical lordotic curve with cervical Degenerative disc disease. he specifically said scoliosis most people know scoliosis is a deformity but he also said loss of the cervical lordotic curve which is lordosis. Both of Those are deformities yet they never used it to give me theproper rating in 2001 or in 2004 I would appreciate any help that you guys can give me on how to try to fix this

Hi Berta,

I need some help with my effective date, I applied for Migraine increase on Feb 19, 2019. VA denied it. Recently looked in c-file and the C& P exam results were favorable, it was done at a VA facility by VA doctor neurologist. In the decision letter dated Jun 20, 2019, rater never gave a reason on why the exam results were disregarded. I got an independent medical opinion and filed a supplemental claim on April 10, 2020. Another C&P exam was conducted on june 24, 2020. Va approved the claim and gave an effective date of jun 24, 2020.

I believe that I can claim CUE here as the effective date should have been Feb 19 2019 since the claim was continuously pursued and rater never gave a proper explanation of why VA doctor's opinion was disregarded and if it was rated properly, I would have got 100% on May 16, 2019 when I was rated for cervical strain. and my 100% effective4 date would have been May 16, 2019 instead of Jun 24, 2020.

Do you think I have a case here? Any help is appreciated and I can send you all the decision letters if you need to look at them.

Hello Berta, 

I am a widow and I am trying to file a DIC claim, but I need help.

My husband died March 21, 2020 from liver failure (primary) and chronic cirrhosis (secondary). There was not an autopsy.  He was an OIF veteran, and was rated 100% due to PTSD and major depression on August 12, 2013.  His rating was made permanent and total in December 1, 2019, so I know I don't qualify based on the 10 year requirement. 

However, I believe his death from alcohol is directly related to his PTSD and major depression. I had conversations with him while he was still alive where he admitted as much.  He was seeing a counselor to help with his depression, I have some notes from her, where she notated that he was drinking less that week.  I called her to see if she could provide a statement to help, but she had to call her malpractice insurance company first, and I have not heard back. 

I do not have a copy of his C-File, nor do I know how to get it. 

I have initiated the claims process with the VA, and am currently working on form 21-4138 Statement in Support of Claim.  I have family and friends who can make statements supporting my claim that he drank to self-medicate for his PTSD. 

Any tips or advice you can give me to help fill this form out without screwing myself over would be appreciated!

Thanks, 

Erin  

Hello Berta. I am aware that you are well respected on Hadit here and I am needing help. I am hoping the person that chose to say hurtful things on here to me regarding a very loved Hadit member that passed away does not cause me to have further distrust for using this site. I have been blessed to have found this site to assist me with my claims. I also met a great man on here that was very helpful and knowledgable. I am very saddened that another member would choose to try and hurt my trust and memories of my time spend with this member now deceased. I think it is pitiful that this member on here is saying such things. Who can I report this too so this member does not do this to other veterans. I am on here only to help as much as possible to pass on information learned from this wonderful man I met on here that is now no longer with us. Thank You so much. Daniel Doering Sr.

Hello Berta. I am aware that you are well respected on Hadit here and I am needing help. I am hoping the person that chose to say hurtful things on here to me regarding a very loved Hadit member that passed away does not cause me to have further distrust for using this site. I have been blessed to have found this site to assist me with my claims. I also met a great man on here that was very helpful and knowledgable. I am very saddened that another member would choose to try and hurt my trust and memories of my time spend with this member now deceased. I think it is pitiful that this member on here is saying such things. Who can I report this too so this member does not do this to other veterans. I am on here only to help as much as possible to pass on information learned from this wonderful man I met on here that is now no longer with us. Thank You so much. Daniel Doering Sr.

Hello Berta. I am aware that you are well respected on Hadit here and I am needing help. I am hoping the person that chose to say hurtful things on here to me regarding a very loved Hadit member that passed away does not cause me to have further distrust for using this site. I have been blessed to have found this site to assist me with my claims. I also met a great man on here that was very helpful and knowledgable. I am very saddened that another member would choose to try and hurt my trust and memories of my time spend with this member now deceased. I think it is pitiful that this member on here is saying such things. Who can I report this too so this member does not do this to other veterans. I am on here only to help as much as possible to pass on information learned from this wonderful man I met on here that is now no longer with us. Thank You so much. Daniel Doering Sr.

Please post questions in the main forums.

Can dependents authorized Chapter 35 benefits at 45 months use any remaining eligibility after receiving their degree?  For instance, the dependent graduates with a Biomedical Degree after using 36 months of eligibility.  Can the remaining 9 months be used in Dental School?  I've been unable to find law making this clear.  Further, I believe the answer to be yes.  I'm hoping you'll be able to point me to the law and/or regulation.  Thank You Berta.

Ms. Berta I would like to ask a question I noticed in the va.gov website that the dro gave a grant to new and material evidence for claim sleep apnea and the said nothing about my other conditions I haven't received soc yet can you possibly tell me what this means  

Hello Ms. Berta,

This is my first day being registered and posting. I would appreciate information on the following.

I have been accepted into a residential program in Bay Pines for Military Sexual Trauma (MST) - PTSD treatment. Question is, can I receive Financial Compensation (for having no income coming in for 4-8 weeks) while in the program? I am not SC yet although DAV has helped me submit a claim. I was told by the MH provider when the consult was submitted, there maybe a possibility that I can receive Financial Compensation (for having no income coming in for 4-8 weeks) while in the program. I have not been able to confirm this. I am wondering if you have any info on this.

Respectfully,

Cowboy1

Berta:  I am attaching the Motion for CUE I mentioned in my post as well as the 2000 decision.  I contacted the 800# again today.  Apparently no one is looking into this.  The Motion was sent to the VA in April 2019.  The person on the other line indicated she would do an isis.  The thing is, this CUE Motion included my supporting documentation as well as my POA for the attorney.  The POA is definitely.  I just received my decision on my cervical and it shows him receiving a copy.  My attorney said he would look into the CUE  because it makes no sense that it is not being worked on.  That was over a week ago so I called the 800# today.I would appreciate any input from you. 

CUE Motion - Decison of 2000.pdf

Tbird, could you, when you have time, alphabetize the new VA BWN AO Ship's list they just released:

https://www.va.gov/shiplist-agent-orange.pdf

It was great that you did that for the July list and saved MUCH time for all who needed to find their ships.

Kurt's wife will try to listen to the archived radio show Kurt did----tomorrow night here.

He helped SO many and we were fortunate to have him as a member. He stopped helping with claims because his disabilities got worse and worse.

But his work will continue to help Thailand vets and Any veteran who was exposed to AO, anywhere, who can prove their exposure , via their MOS and their installations use of AO and who has an AO presumptive.Like the two AO CONUS vets did.

Thank you Tbird!!!    

Berta

I was denied OSA claim secondary to Depression and Chronic Pain.

I have an IMO from David Anise connecting it to my service related injuries and depression, Sleep Dr. put I my C-Pap was a necessity.  I have a c-pap. Even, submitted the NIH Sleep Disorder study.   I do not have my letter stating why the denied it Im pretty sure its because of the VA's PA that half way did my C&P (5 mins) said that she believed it wasnt.  It was I want to appeal but not sure what the best ave is to do so. Do I hire a lawyer (if so, who do you recommend)? Do I use DAV, VSO. I've seen someone say ask them to send to BVA.  I'm at a complete lost as to what my next step should be. 

Any advise I would appreciate it! 

this is my Docket No. 18-08 701 for my sleep apnea remand , thank you  for your time 

Aloha from Hawaii Ms. Berta,

I need your assistance on drafting up my NOD for my clothing allowance denial letter. I have pdf my clothing allowance denying my Lower Back Pain Brace redacting personal info. But, I have to ask for assistance first. I have done my research per to the requirements of the Website, and don't want to hijack other members post. I humbly request your guidance.

History/Summary:

The VA Prosthetic's  sent me a denial letter saying that my Lower Back Pain (LBP) Brace isn't on the list of approved devices.

I have been receiving clothing allowance since I have filled. I've always been fitted for my LBP Brace, and always received a rigid back brace that has two parts. Then one day I went to the brace shop to get fitted and was informed that the individual who does the LBP Brace fitting wasn't working. I left and 2 days later I received a brace in the mail from the VA Prosthetics. The New Brace they sent me was much smaller and it's a one piece LBP Brace. I said to self well try it out, I liked that it was not as bulky as the 2 piece LBP Brace I have been receiving. Tried it and noticed that it wasn't supporting the region of my Back where I have alot of pain. I tried this for a year and then I informed my Primary Care Provider about the New LBP Brace wasn't adequate. My Provider gave another consult to go to Prosthetic's to get fitted. And the same thing happened. Prosthetic's informed me that the Brace fitter guy was in a meeting and come back after lunch, but it was only 0900 hrs. I came back after lunch and was informed again that the Brace fitter guy was not here, so I left. Then 2 days later I got the same LBP Brace that did not work for me.

Then this happened. I received my Clothing Allowance letter, stating that my clothing allowance is being reviewed, then while I was trying to get fitted, I guess it triggered Prosthetic area to act on my case. Then a days later I received my denial letter specifying that my LBP Brace is not on the list of approved devices.

The 2 part LBP Brace I was fitted for was on the approved device list.

The New LBP Brace was the standard off the shelf, was not on the approved device list.

Sorry for the long windiness.

Thank you for any guidance you can provide.

Ms. Berta what does this mean the examination is neither medically consistent or inconsistent with the veterans statements describing functional loss during flare ups  

These are the two big contractors I'm aware of that do the C&P exams.

https://www.vesservices.com/   2707  Loop W, Houston, TX  77008

https://www.qtcm.com/924 Overland Ct, San Dimas, CA  91773

I just had my C&P, What do you think for my rating? I appreciate all you time. This was the worse thing to ever go through and glad it's finally done.

Does the Veteran have a diagnosis of PTSD DSM-5 criteria on today's eval?
 [X] Yes [ ] No
 2. Current Diagnoses,1PTSD 2Panic Disorder 3Agorophobia 4Major Depressive Disorder
 b. Medical diagnoses relevant. obstructive sleep apnea, fibromyalgia, hypothyroidism.
3. Differential
 a. Does the Veteran have more than one mental disorder diagnosed?
 [X] Yes [ ] No
 4. Occupational and social impairment
 [X] Occupational and social impairment with reduced reliability and productivity
 b. For the indicated occupational and social impairment, is it possible to
 differentiate which impairment is caused by each mental disorder?
 [ ] Yes [X] No [ ] Not Applicable (N/A)
 Vet has multiple co-morbid psych dx and therefore cannot differentiate level of impairment due to each mental disorder due to overlap in symptoms.
Does stressor meet Criterion diagnosis of PTSD)?
 [X] Yes [ ] No
 Is the stressor related to the Veteran's fear of hostile military terrorist activity?
 [X] Yes [ ] No
 Is the stressor related to personal assault, e.g. military sexual trauma?
 [X] Yes [ ] No
 Criterion A: Exposure to
  [X] Directly experiencing the traumatic event(s)
 Criterion B: Presence of
  [X] Recurrent, involuntary, and intrusive distressing memories of the traumatic event(s).
 [X] Recurrent distressing dreams
[X] Dissociative reactions
[X] Intense or prolonged psychological distress at exposure to internal or external cues that symbolize or resemble an aspect of the traumatic
 [X] Marked physiological reactions to internal or externalcues that symbolize or resemble an aspect of the traumatic
Criterion Persistent avoidance of
 [X] Avoidance of or efforts to avoid distressing memories, thoughts, or feelings about or closely associated
 traumatic event(s).
 [X] Avoidance of or efforts to avoid external reminders (people, places, conversations, activities, objects,
Criterion Negative alterations
 [X] Persistent and exaggerated negative beliefs or expectations about oneself, others
 [X] Persistent, distorted cognitions about the cause or consequences of the traumatic event that lead the
 individual to blameherself others.
 [X] Persistent negative emotional state
 [X] Markedly diminished interest or participation in significant activities.
 [X] FeelingsofdetachmentEstrangement
 [X] Persistent inability positive emotions
 Criterion E: Marked alterations  arousal
 [X] Irritable behavior angry outbursts
 [X] Hypervigilance.
 [X] Exaggerated startle response.
 [X] Problems with concentration.
 [X] Sleep disturbance
 Criterion F:
 [X] Duration disturbis more than month.
Criterion G:
 [X] The disturbance causes clinically significant distress or impairment in social, occupational, or other important
Criterion H:
 [X] The disturbance is not attributable to the physiologicaleffects of a substance
Criterion I: Which stressor contributed to the Veteran's PTSD diagnosis?:
 X] Stressor #1
 5. Symptoms
 [X] Depressed mood
 [X] Anxiety
 [X] Suspiciousness
 [X] Panic attacks more than once aweek
 [X] Chronic sleep impairment
 [X] Mild memory loss, such as forgetting names, directions or recentevents
 [X] Flattened affect
 [X] Impaired judgment
 [X] Disturbances of motivation a
 [X] Difficulty in establishing and maintaining effective work and social
 [X] Difficulty in adapting to stressful circumstances,including worklike setting
 [X] Obsessional ritualsInterfereActivities
 [X] Neglect personalAppearance hygiene
 DSM 5 Diagnosis:PTSD-Panic d/o with agoraphobia-Generalized Anxiety D/o
Vet meets the DSM-5 diagnostic criteria for PTSD as level of severity - severe. Relationship of mental disorders to each other Vet's MDD, recurrent,moderate is secondary to her PTSD.HerPanicDisorder, Agorophobia and FSAD are also secondary to her PTSD. It is my medical opinion that vet's MST stressor is as least as likely as not suppported by and consistent with the in service marker evidence. Her agorophobia preclude her from functioning satisfactorily in work environments.

 

Hi,  wanted to ask your opinion on this.  I see that you are very knowledgeable and have helped so many Vets. 

Appealing va decision on gout secondary heart transplant.  Lawyer hired to help with appeal.  Provided draft IMO letter but the doctor in an internal specialist, not endocrinologist or cardiologist or transplant doctor.  The IMO doc advised he cannot support heart only kidney.

 Feel that the IMO should address the cardiac issues, too.  Had gout diagnosed while in service. Also SMR show complaints of severe headaches, gallop beat and separation exam notes prior complaints of chest pain and tightness in chest.  IMO draft also does not provide any argument to original denial of gout made by adjudicator 20 years ago. Your recommendations?

Hi Berta. Been away since I went to my congressman VA rep to find out status of my deceased husbands claims and he told me there wasn't any open. Then I got a letter in the mail stating that they wanted any  evidence for an "Accrued Benefits"  DIC claim, I might want to apply. I am assuming it is on IU He was 70% PTSD, GAF 50. I thought IU should be inferred! (when PTSD was exacerbated because of neglectful and wrong doing in several documented instances perpetrated by the VA. It was obvious to me that it gave me an earlier date, starting with the first Neglect on the VA's part, that created for him exacerbation and worsening of his PTSD. So have been working on setting up Earliest date! My question now is He is also  NOT "boots on ground" but in Contiguous waters of RVN. Am trying to get ship logs for leaving his ship to qualify him, since he has Ischenmic Heart, DiabetesMelitisII, ED, and am in the process of getting proof. so if I state those things as Secondary, Or presumptive or aggrivation Through theory of entitlement for PTSD, does that keep me from inferring those things presumptive for AO, which would be, I assume easy if the ship proof comes thru.

Thank you. 

Poopsy Woopsy   

Hi!  I  would like to know  what my chances for getting S C  for Sinusitis,headaches,sleep apnea claim.  While in Basic Training I was hospitalized for Acute Respiratory Disease(possible meningitis), later  after reaching my permanent party unit , I suffered nose bleeds,sore throat, headaches, sinus congestion(all in my medical records) after working  as a Petro . Supply Specialist. I was constantly exposed to fumes, vehicle exhaust,  and being splashed with fuel at times throughout my duties. I have had 3 operations related to Sinus condition,continue to suffer from headaches, diagnosed with sleep apnea 2 yrs. ago  after having these problems going back to 8/1986. My  former civilian ENT would not give me a Nexus for the sinus condition , he stated i needed to see a Pulmonary Specialist(which proved to be false).I have applied for SC,  and hired an VA accredited Attorney.

Hi, Berta,

I was awarded DIC May, 2018 after years with VA trying to get SC. My husband became ill in 2002 and 8 years later he died. I submitted electronic emails after terminal illness as I struggled to care for him. I needed help finding facilities to meet his needs, knowing there was a VA facility close but that didn't happen until 2 months before he passed. Needless to say if you do the math for 7 years of private pay all savings gone. I won DIC with new and material evidence at hearing 2017. I believe my effective date is not correct. Is a CUE the right thing for me and if so how??

Thank you,

Ann