Berta

" He is also rated at 100% T&P with SMC." "They rated him 40% (He needs 50% for increase for SMC) for his lower back condition, and he appealed their decision based " OK I think you mean the medical evidence and those C & Ps should put him into a high level of C & P? like a step award? Was this pointed out to the VA clearly as to what level (38 USC 1114) he should be in? I wonder what the Director's response will be - to your letter- If you tell me what RO I might have their Fax number for their director's office or maybe even the director's phone number- You could file a complaint for him via the Iris query system- put it under Comp and Pension and then as a Service Complaint- It will take time-maybe a few days- maybe a few hours-these complaints go to the VBA first then back to the VARO- The VARO reacts to this type of complaint because it is documented with VBA. Dont feel bad -my husband complete 5 volumes of records sat here for months at the Bath VAMC in 2005 waiting for him to get a C & P exam-I was furious to hear that this was holding up my claim and asked to be present at his C & P since he has been dead for almost 12 years so it would have been interesting. Oddly enough this screw up went into my favor when the VA "expert' rendered a quack opinion and I found out she called the Bath VAMC for only 3-4 records to be faxed to her on the veteran- and rendered a complete medical opinion on 3-4 records out of the stack. Then I got Iris to confirm that all the rest of the med recs were all here at Bath but the VA Doc was 300 miles away. Dr. Bash took very good note of this in his second IMO last month. I dont blame this vet but cursing to an 800# vet rep gets no where.

Pete- I have raised a ruckus at the Buffalo VARO due to their VCAA violations and went higher up then that too--- I also have raised a ruckus with my POA and do intend to change the way the do business because they are also allowing these violations to occur. In the long run this will help some New York State vets for sure -under the same POA as me but other widow claimants and vets- they have to do this too if they want the nationwide SOP of VARO's VCAA gate scam to stop.

They can determine if you are a diabetic- dont worry -even if it show consistent abnormal reading, they can treat this in time-maybe with just diet changes- dont worry but let us know what they say--- If the VA diagnoses you with diabetes (not pre-diabetes-there is no such thing) due to glucose values in abnormal range-by Blood work, HBIAC test or OGGT and if you are an incountry Vietnam Veteran, file a claim and say you have diabetes due to Agent Orange. If you have foot problems, sight problems, ED, heart disease, atherosclerosis, and history of ischemia (TIAs or strokes, skin disorders, oral candidiasis, HBP etc etc -all in their training letter I posted here at hadit--- put any of these conditions that you have in your claim and state they are secondary to your AO DMII.

Yeah- they could CUE themselves -I had them do that 2-3 times so far by requesting they CUE themselves. Since 1997- My latest August request to the VSM that they do this on my AO decision got no response but I got my Remand Monday so I dont care. They are as responsible for the ramifications of the regs as we are- They can open a claim or re-open one for the vet, they can CUE past decisions they made- even when the claim is still open-they filed a Motion at the BVA in my behalf BEFORE the BVA got my claim at all??? I cant figure that one out-but that too shows what the VA can do on behalf of the claimant- They CUED themselves on my offset about a year ago and sent the check- and they re-opened a claim for me on Aug 1, 2006-dont know what claim- but it shows- when WE show them we know VA case law-they begin to fulfill their own MOS.

I agree- and although I gripe about them a lot some of the best,kindest, dedicated, knowledgable people I have ever met work for the VA-in ROs, VAMCs, and VACO, Gen COunsel, and BVA in DC. Top Notch wonderful VA employees. Their PTSD inhouse programs and numerous other programs that VA provides are excellent too.Their attention to Native American vets with PTSD and other intrinsic cultural needs has been monumental. And they are not all quacks by any means and the VA docs do save lives everyday- I helped a VAMC down south with cash and many items during Katrina- Their Director showed exempliary leadership and organized their relief to Katrina victims. They received one of many awards that VAMC and VA employees got for duty beyond the call when Katrina struck. They sent me a beautiful thank you letter yet it is they who should be thanked many times for what they did. I am so very proud of many employees in the VA system. But it only takes a few lazy incompetents at a RO or a VA doctor who cannot make a proper diagnosis with a result that can be deadly-to cause veterans and their families unneeded and unconscionable stress and despair.

John-it is possible that the VA did this and filed a claim for you- The VARO filed a Motion to Reconsider with the BVA on June 30, 2006 .I think it is on an old 1998 CUE claim I had-at the BVA and did not pursue-regarding SC death- But BVA has recently remanded my AO claim- My other BVA cued claim was awarded so the other BVA CUE I had claim might be it -but even the BVA was confused- They asked me who filed this new one- my vet rep's didnt---I didnt----so I think an appeals coach did- Also on Aug 1, 2006 the VARO re-opened one of my service connected death claims- I have three for direct SC-there is NO honor in 1151 death--- My POA doesnt have a clue and I dont know nor can anyone tell me at 800 what claim this is- Iris just says my service conneected death claim has been re-opened by the VA itself-but I dont know which one.

I agree John and thank you for telling me these regs have been published- I was not keeping up with this and it is important to my SMC CUE claim they are working on. I too was surprised at the lack of discussion here on this issue- You are correct and maybe others will now chime in- I sure appreciate your knowledge and monitoring of the FR. VA has a problem with this claim- that I can understand the problem they have--however they still have to decide it. The VA told me the veteran did not have any heart disease but after he suddenly dropped dead- I found in his med recs-significant proof , EKGs, ECHO that he did and they knew it for 6 years. It took time to understand the med recs and the symbols and terms and then I studied cardiology for months.(1995) When I won a wrongful death settlement the charges I made were all agreed to by the Medical Team at VA CO in DC. That was not easy and I had to spent time calling them etc and talking cardio-medical -up to their level- long story there- the veterans heart disease was totally misdiagnosed and that was part of the settlement as it was one of many malpractice instances that caused Rods death. (documented) The VA has a SMC accrued claim as a CUE from me because they never rated the vets significant heart disease-proven via FTCA evidence I supplied. It also includes my charges (proven) that his HBP was malpracticed-a second disability per the new regs- I have clearly stated recently to VA that my medical expertise is sufficient (by virtue of the FTCA (I had no IMO and no attorney) to diagnose the veterans heart disease in staged ratings for 6 years-and the FTCA setlement proves my cardiology background is sound.The VA never diagnosed Rod with CAD, I did. So they have a rating to decide on for heart disease and I included the HBP too. The medical records reveal the heart disease untreated for 6 years yet they have NO VAMC diagnosis of it except for the FTCA settlement and the VACO medical report. which the mysterious force has removed many times from the c file already-all the medical opinions in the c file for 3 years-are mine supported in 1997 by Chief of Cardiology VA Washington- They did list as HBP 10% NSC in 1998 posthumously in my DIC award but the DCs for the 1151 brain trauma was all wrong as well as NO DC or rating for heart disease.That is in separate SMC accrued CUE they are working on now. MY POA took note of these errors but never advised me to NOD this-and in 1998 I was tired of dealing with them regarding my claim and never gave it much thought until I read 38 USC 1114 many times-ad filed claims under CUE for their errors. I determined the ratings staged for 6 years (needed for Nehmer AO decision) and I determined two years as accrued under the usual accrued statute for widows- I figured out the SMC level stages and then gave them these figures and the amount I expect them to award me- a staggering sum- I already realised they could take the PTSD 100% and add 60% under 1151 and send accrued for two years under SMC "S"-this is an obvious award they owe me- but I told them to keep that check and instead take the time to prepare the proper award. I made it easy for them.

Bound -did he sign the letter himself that you prepared? What disability of his are they trying to mess with? is it one that he had the C & P on 6 months ago or something else? Sounds the fishing expeditions the VA used to pull- I read a BVA decision the other day where the C & P doc had rendered a favorable opinion-that supported other favorable evidence. But the DRO or someone went back and got another VA opinion that went against the claim- and denied on basis of the second opinion. The BVA awarded the claim-by mentioning that they took note that the same VA doctor did both of those C & P opinions! It sure pays to get copies of those C & P results.

Not same but I have a vet- after 12 years he got a rating-and -$ 32,000- retro which we immediately filed NOD on -they owe him plenty more-they forgot 60% more and SMC. however he went to CAVC pro se (by himself) and lost and then went back to RO, BVA, then CAVC again and won via BVA remand as the CAVC remanded to the BVA. The second CAVC docket had him represented by 2 attorneys. I helped him late in the game-I found the evidence in his SMRs. The VA wants to pay his lawyers 8,000 bucks and with VA case law I filed NOD and hope he might only have to pay 4,000 or less. This is a good case-glad you found it-there are probably more like it- Any legal fee has potential to be questioned but most of them are probably correct.

"My husband was a narcotic agent severly beaten in the line of duty. He is brain damaged and I am trying to get a increase in his disability from the injuries received in the Army" I thought he was narcotic agent for the Army- possible- but nevertheless- are you going by the Schedule of Ratings in 38 CFR and does his medical evidence support the 90%? I am curious how you have determined that. The medical evidence and C & P results must be indicative of the specific percentage- Did they use a goinometer on him? Do you have the blank C & Ps as well as any results of any he got? The blank C & P s show you what the VA doc is supposed to do-to determine their opinion. PS yes you are correct -the VA can assess what is due to the NSC brain injury and what is related to the service injury.

GEEEEZ----did he NOD that in 1974? Is the VA fully aware that he gets SSA for this injury? Has the SSA records appeared at all as listed Evidence in his claim??? Even if he filed the SSA record authorization form-I always tell vets double check to see if the VA really got them- been there on that- good thing I am quick to use phone-SSA in Baltimore told me the VA never requested Rods SSA files- yet he had sent the the authorization form and it is in his c file- GEEEEEEZ---- when did he re-open this claim? Di he get a VCAA erection Notice- the real one we have discussed here? With two boxes-he elects one -and they send specific VCAA statement as to what he needs.

If he said he had traumatic experience when he got shot and then has the PH on his DD 214 this is probably what they mean.

What I mean is what % was he discharged with? Did you file the formal TDIU form? I will attach it- question # 18- put yes and then have him apply for SSA- Under # 25 remarks- elaborate a little on the service connected injury and the brain damage- I am assuming he has had MRIs etc that confirm ischemia of traumatic nature to his brain? TDIU_form.pdf

Huh? Did he get a military retirement?

Before the VA screws this all up-Haas is LAw of the LAnd for now---- sorry all for repeating this astounding news but it bears repeating- Blue Waters---take the NVLSP statement I posted here to your vet rep- Blue Water Navy- VSM on DD 214-Presumptive AO disease. affected widows take the email I got from NVLSP to your vet reps- You are all part of the class action re: Nehmer- BVA and CAVC Blue water AOs---- take the statement to your vet rep-

What SC comp % does he get now- and what for-

Alex- can the claimant ask for the subsection C & P service to consider this type of claim?

3 IMos and more is Overwhelming- Rick I think our mutual POAs are passing the hat to buy the VBM- they did not support this and never dreamed it would happen.Pete supported it though.

Jangrin-how did you know I am a warrior? You are correct . Guess you see the dreamcatcher in my aviator? Yeki an tan! Men and women -I didnt win my claim- hope I did not present it wrong here- didnt win it yet- After filing that claim 3 years and 8 months ago- I fought for my rights to have my evidence addressed- That is what I won- My Rights -----Under 38 CFR ,M21-1, VCAA, DTA, and the whole nine yards- What you all fought for!!!!!!! My CUE is in progress and the Motion on the Reconsideration someone filed at the VARO (6-30-06) and the re-open-from 8-1-2006 by the VARO- I still dont have a clue on what that is all about.Neither does my POA who never dreamed I would get a remand and they would not help me on it. They thought they got rid of this AO claim for 2 more years- HA HA-it will be baaaackkkkkk. It looks like an appeals coach in the RO in Jan 2006 questioned what they were trying to pull on my AO claim-the only person who appears to have actually read it-at the VA -Maybe-dont know at all-

After 3 years and 8 months of never having my medical evidence addressed and due to VCAA procedual defect-the BVA remanded my AO claim to the astonishment of my vet reps. Actually it took less than 51 days- NOW the Buffalo VARO and NYSDVA will get me a proper AO decision- I am delirious with joy because the regs-men and women-do work for US and if we have to Fight for our rights= so be it- that means we MUST fight back with their regs and their defensive positions will crumble! I am living proof that the regs in 38 CFR and Duty To Assist will force them to react. I am SOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO Happy! and tired from that battle------ Berta

I suggest to file any claim-Yesterday-or ASAP- Protect your EED- earliest entitlement date-by filing-don't wait- It is impossible for most vets to determine if they are close to an award anyhow- If they award the initial claim and then have a seconary claim or separate issue to deal with- if it impacts on the first award and that rating they will adjudicate it accordingly- but the vet must carefully watch the EED dates and the entitlement date to see of they actually do get the proper awards that consider each claim.

The BVA has remanded my claim as I requested-per their email- as it was sent to them on July 18th, 2006---- but I am still waiting for confirmation from with the RO or my vet rep- I reguested this remand on July 24th and then in August with additional evidence,I again pointed out the need for immediate remand- This is not on the BVA computers yet -anyone know how long that takes???? I want to start celebrating this victorious battle maneuver I succeeded in but- after 20 years or more dealing with VA-I am unable to accept anything without additional confirmation. Berta

A final review means nothing regarding any potential positive outcome of your claim- I suggest when you call 800# ask them what the COVERS screen shows or send them an Inquery via the VA web site- Then again- there may be nothing they can add at this point- It sounds to me like you sent in a CUE claim on a past decision? Or you questioned a error in a DC or rating percentage in an active claim that you re-opened? I have what you could say 'final review' with VARO activity throughout Jan 2006.The claim had been there for 3 years. Then on July 14th I got letter that said my claim was sent to the BVA! So much for the Review-they ddnt read any of my evidence AGAIN- I was stunned and requested an immediate Remand from the BVA- I contacted the BVA myself--violations of VA rights as a claimant- Apparently per the BVA email I got yesterday =my was claim was remanded on Friday- and I await confirmation and now my medical evidence will finally be read.

http://www.vawatchdog.org/old%20newsflashe...9-07-2006-3.htm

http://www.vawatchdog.org/old%20newsflashe...9-13-2006-3.htm