diabetes Va Letter Calls My Nod

[Berta]

My AO death claim has been pending at the VA since Feb 2003-

Since the fast remand last year they have consistently told me thay are working on it and my CUE for SMC-which was denied -but I filed a reconsideration request on it.

I filed a NOD on the SMC CUE to make sure my NOD appeal period didnt run out-on June 21.2007

This letter says they received my CLAIM for SC due to heart disease secondary to Rod's PTSD on June 22, 2007! What claim-

I had an old claim at the BVA on that- I never appealed it because I got SIC under Sec 1151 in 1998.

In AUgust 2006 the VA filed a Motion to Reconsider that old BVA claim.

But they didnt tell the BVA what the decision date was.

I guess the BVA could not take jurisdiction.It was based on same premise -the veterans PTSD contributed to his heart disease-

it did - The VA is only hospital around that treats PTSD- therefore Rod's PTSD put him in harms way because as a VA PTSD patient, they also misdiagnosed his heart disease, DMII, HBP and strokes (all documented and proven). Also two doctors in SOCs stated association from his PTSD to his strokes (due to heart disease)

It would be easy to service connect his heart disease to his PTSD for me based on the clinical record etc-but why?

Am I going nuts?

Since I have 3 IMos and additional evidence sent since Feb 2003 on an AO death claim Under Nehmer therefore retro$$$$ and also the CUE involves retro too-

does it seem to anyone here -as it appears to me- that they do NOT want to deal with the Nehmer issue at all -that is the claim on remand for expeditious treatment-

There is evidence from 2 VA doctors to support this so called claim they said my NOD was.

I can certainly get a private IMO too-

But I am wondering why-since the evidence they have of diabetes as one of the "multiple"AO diagnosed conditions that caused Rod's death should award a direct SC death (they would owe me 60,000-70,000 in offset and other benefits I didnt even know about or consider in 2003 when I filed it)

WHat advantage is it for them to say this NOD is a "claim" and then expect me to get another IMO for this "claim"when they have 3 already to support the AO death claim filed in Jan 2003 and supported with considerable medical evidence in addition to the 3 IMOs?

They actually sent me with this letter I just got the very first VCAA letter I have ever received since Jan 2003-with the election notice.

In war maneuver class I learned the powerful advantage of deception-

and throwing the enemy off with an unusual tactic of diversion--I thiink VA is trying to pull that on me here-

to continue to avoid the overwhelming fact that Rod died due to an Agent Orange condition-one more misdiagnosis of many proven already-fully supported by Real medical evidence from a real doctor and not one of the VA quacks that misdiagnosed him numerous times-

if they want to play war games- they sent this to the wrong claimant-I can support this "claim" with evidence-no problem-

but does anyone here see what I mean?

If you have one claim pending for 4 1/2 years with lots of probative support why the heck would VA want to turn my NOD on a SMC CUE denial into a claim like this?

They never mentioned my remanded AO death claim or my SMC CUE at all.

I am sending inquiry to VA as to the other claims-

and making an appointment with my vet reps-

it is about time they got their thumbs out of their rectums and actually did something for me that their mission statement says they will do.

It never fails- when I am overloaded as it is- then that is when I hear from the VA-

I just noticed- first it says they are working on my appeal regarding "cardiovascular disease" as contributing to Rod's death-

I dont have an appeal like that.Unless they are reffering to my CUE for SMC.

But then they say We have received your claim dated June 22,2007.

That was the NOD with evidence on the CUEs.One was for cardiovascular misdiagnosis and lack of rating.

???

Maybe I should just get a lawyer on all this-

(maybe that is why they are calling the NOD- filed after the New attorney regs so I could get a lawyer if needed- - a Claim! and not a NOD !)

This is the busiest time of my year-I have major LOA test for graduation Monday and my last course begins next Sunday-

My daughter is coming home for a few days too-and I have to deal with this crap-

when my SMC CUE and AO death claims are as perfect as they could be and fully supported by medical evidence.

I really am starting to feel this RO holds it against me that I have helped many Buffalo vets and am VERY

vocal in telling anyone I can how they have denied me my rights (most recently Congressman Filner and a large radio audience) and I asked him to propose my amendment to the VCAA.

Funny how I never got any VCAA on any of my other claims but my NOD that put me into lawyers for vets regs criteria got me a VCAA letter in less than two months.

I am not upset about this- just overwhelmed by other things here ---but I am

absolutely baffled by this letter- they still owe me money but maybe they think this idea they got is cheaper than Nehmer retro-

????

[kpriessman]

Pardon my ignorance Berta, you mention CUE several times. What and where does one find out what a CUE is and where you stand (?) on it?

My AO death claim has been pending at the VA since Feb 2003-

Since the fast remand last year they have consistently told me thay are working on it and my CUE for SMC-which was denied -but I filed a reconsideration request on it.

I filed a NOD on the SMC CUE to make sure my NOD appeal period didnt run out-on June 21.2007

This letter says they received my CLAIM for SC due to heart disease secondary to Rod's PTSD on June 22, 2007! What claim-

I had an old claim at the BVA on that- I never appealed it because I got SIC under Sec 1151 in 1998.

In AUgust 2006 the VA filed a Motion to Reconsider that old BVA claim.

But they didnt tell the BVA what the decision date was.

I guess the BVA could not take jurisdiction.It was based on same premise -the veterans PTSD contributed to his heart disease-

it did - The VA is only hospital around that treats PTSD- therefore Rod's PTSD put him in harms way because as a VA PTSD patient, they also misdiagnosed his heart disease, DMII, HBP and strokes (all documented and proven). Also two doctors in SOCs stated association from his PTSD to his strokes (due to heart disease)

It would be easy to service connect his heart disease to his PTSD for me based on the clinical record etc-but why?

Am I going nuts?

Since I have 3 IMos and additional evidence sent since Feb 2003 on an AO death claim Under Nehmer therefore retro$$$$ and also the CUE involves retro too-

does it seem to anyone here -as it appears to me- that they do NOT want to deal with the Nehmer issue at all -that is the claim on remand for expeditious treatment-

There is evidence from 2 VA doctors to support this so called claim they said my NOD was.

I can certainly get a private IMO too-

But I am wondering why-since the evidence they have of diabetes as one of the "multiple"AO diagnosed conditions that caused Rod's death should award a direct SC death (they would owe me 60,000-70,000 in offset and other benefits I didnt even know about or consider in 2003 when I filed it)

WHat advantage is it for them to say this NOD is a "claim" and then expect me to get another IMO for this "claim"when they have 3 already to support the AO death claim filed in Jan 2003 and supported with considerable medical evidence in addition to the 3 IMOs?

They actually sent me with this letter I just got the very first VCAA letter I have ever received since Jan 2003-with the election notice.

In war maneuver class I learned the powerful advantage of deception-

and throwing the enemy off with an unusual tactic of diversion--I thiink VA is trying to pull that on me here-

to continue to avoid the overwhelming fact that Rod died due to an Agent Orange condition-one more misdiagnosis of many proven already-fully supported by Real medical evidence from a real doctor and not one of the VA quacks that misdiagnosed him numerous times-

if they want to play war games- they sent this to the wrong claimant-I can support this "claim" with evidence-no problem-

but does anyone here see what I mean?

If you have one claim pending for 4 1/2 years with lots of probative support why the heck would VA want to turn my NOD on a SMC CUE denial into a claim like this?

They never mentioned my remanded AO death claim or my SMC CUE at all.

I am sending inquiry to VA as to the other claims-

and making an appointment with my vet reps-

it is about time they got their thumbs out of their rectums and actually did something for me that their mission statement says they will do.

It never fails- when I am overloaded as it is- then that is when I hear from the VA-

I just noticed- first it says they are working on my appeal regarding "cardiovascular disease" as contributing to Rod's death-

I dont have an appeal like that.Unless they are reffering to my CUE for SMC.

But then they say We have received your claim dated June 22,2007.

That was the NOD with evidence on the CUEs.One was for cardiovascular misdiagnosis and lack of rating.

???

Maybe I should just get a lawyer on all this-

(maybe that is why they are calling the NOD- filed after the New attorney regs so I could get a lawyer if needed- - a Claim! and not a NOD !)

This is the busiest time of my year-I have major LOA test for graduation Monday and my last course begins next Sunday-

My daughter is coming home for a few days too-and I have to deal with this crap-

when my SMC CUE and AO death claims are as perfect as they could be and fully supported by medical evidence.

I really am starting to feel this RO holds it against me that I have helped many Buffalo vets and am VERY

vocal in telling anyone I can how they have denied me my rights (most recently Congressman Filner and a large radio audience) and I asked him to propose my amendment to the VCAA.

Funny how I never got any VCAA on any of my other claims but my NOD that put me into lawyers for vets regs criteria got me a VCAA letter in less than two months.

I am not upset about this- just overwhelmed by other things here ---but I am

absolutely baffled by this letter- they still owe me money but maybe they think this idea they got is cheaper than Nehmer retro-

????

[Josephine]

Berta,

We are all dealing with incompetent people. I see what you are dealing with, but how in the heck do you straighen them out?

Josephine

[Berta]

If the VA makes a Clear and Unmistakable Error (CUE) in a Final VA decision- a legal error-only-and this error has cost the veteran retro-or a rating too low- the veteran can file a claim of CUE.

Personal example I filed a CUE because even though I had only a partial monetary offset when I was awarded wrongful death settlement- the VA insisted that my entire DIC was offset forever- (or about 17-18 years) the offset was clearly spelled out in the settlement papers and I negotiated this with General Counsel in DC.

I filed a CUE. VA denied. BVA denied. I didnt pursue it.

But the regional Counsel caught it a few years ago-and awarded me about 10 years retro DIC- because the VA had-in fact-committed a CUE and I should have gone to the CAVC -I would have won.

My present CUEs are here and there is considerable other info on CUE claims here available under the search feature.

Edited August 25, 2007 by Berta

[Pete53]

Funny how it is always up to the Vet to show the VA exactly what to do when the VA claims it is Vet Friendly and on the side of the Veteran?

[Berta]

Josephine-

I went through crap like this years ago and won those claims anyhow-

It is probative and unshakable Medical evidence and established VA case law that straightens these people out----when a vet or widow has all that as ammo-

at some point they have to cave in-that is why we have the Nehmer decision-

Beverly Nehmer didnt put up with their crap.

Raising Hell helps too----

I made it crystal clear to my POA recently that if my AO claim gets messed up again-they will answer to a complaint I will file with the General Counsel.I have plenty of evidence to support the fact that they messed up my claim.My prime facie Evidence is from the director of NYSDVA.(what a dope to send me this stuff)

On the other hand if they make sure my AO death claim finally gets a proper resolve

and my evidence is finally considered-no complaint to the GC.

A claimant must use every means they can and every potential avenue of approach sometimes to get a proper decision out of the VARO.If the claimant has to put the squeeze on inadequate representation that also hinders their claim-

they have to put the onus back on the reps-

The director of my POA didnt even know what a legal VCAA letter was until I sent him the actual law-a few months ago and I told his Boss this too-(Governor Spitzer of NY)

maybe this is why I finally got a real VCAA letter after 4 1/2 years.

Some of these reps-but not all-

work against their own POA claimants due to their negligence and lack of basic VA 101 knowledge.

Edited August 25, 2007 by Berta

[free_spirit_etc]

I would think one of two things is going on.

1. They are trying to get out of paying retro by stating that THIS is your filing date - in which case you can get the claim granted - but then have to file for an Earlier Effective Date, meaning they can drag paying the rero out for years beyond granting the claim.

2. They are ignorant. ANd I do mean this. I do think we know the laws and regs better than MANY of the people who work at the VA. And I think that the people who do the first work with the files are the most inexperienced.

But I think the ignorance is also what results in lots of denials. They look just deep enough to deny. But you know how you look at a law and think you have found something - but BEFORE YOU COUNT ON THAT LAW - you do deeper research - to find out if that law really applies like it looks like it does on the surface - and find out that it doesn't.

I don't think a lot of the VA employees look that deep. If they find SOMETHING that SEEMS to fit - they use it - and think they are done.

My husband claimed in 2001 for lung cancer. His biggest part of the claim was the doctor told him it had to have started WAY before he got out of the service. They have ignored this and ignored this and ignored this.

His claim said I am filing because my cancer began in the service. I also am sending evidence of asbetos exposure.

They denied on asbestos exposure.

He filed a NOD - saying You have NOT addressed my cancer STARTING in the service.

They again denied on asbestos exposure (DRO same as initial denial fluffed a bit).

When he "reopended" the claim - he again said I want you to ADJUDICATE the UNadjudicated claim - Whether my cancer STARTED in the service!!!!!

They sent him a VCAA letter informing him that he had submit NEW and material evidence about ASBESTOS EXPSOURE in order to reopen his claim.

They will not even acknowledge that he has claimed, and was claiming that his cancer STARTED while he was in the service.

This was NOT a little side comment in his claim. It was the MAJOR basis of his claim. He repeated it over and over and over again.

Yet they continued to act like it had never been said.

I still consider it an unadjudicated claim. And I am treating it as such. Even if they ended up granting SC for cancer with asbestos exposure - I want them to adjudicate the cancer claim for STARTING in the service - and give an earlier effective date to the date that he CLAIMED it in 2001.

Free

My AO death claim has been pending at the VA since Feb 2003-

Since the fast remand last year they have consistently told me thay are working on it and my CUE for SMC-which was denied -but I filed a reconsideration request on it.

I filed a NOD on the SMC CUE to make sure my NOD appeal period didnt run out-on June 21.2007

This letter says they received my CLAIM for SC due to heart disease secondary to Rod's PTSD on June 22, 2007! What claim-

I had an old claim at the BVA on that- I never appealed it because I got SIC under Sec 1151 in 1998.

In AUgust 2006 the VA filed a Motion to Reconsider that old BVA claim.

But they didnt tell the BVA what the decision date was.

I guess the BVA could not take jurisdiction.It was based on same premise -the veterans PTSD contributed to his heart disease-

it did - The VA is only hospital around that treats PTSD- therefore Rod's PTSD put him in harms way because as a VA PTSD patient, they also misdiagnosed his heart disease, DMII, HBP and strokes (all documented and proven). Also two doctors in SOCs stated association from his PTSD to his strokes (due to heart disease)

It would be easy to service connect his heart disease to his PTSD for me based on the clinical record etc-but why?

Am I going nuts?

Since I have 3 IMos and additional evidence sent since Feb 2003 on an AO death claim Under Nehmer therefore retro$$$$ and also the CUE involves retro too-

does it seem to anyone here -as it appears to me- that they do NOT want to deal with the Nehmer issue at all -that is the claim on remand for expeditious treatment-

There is evidence from 2 VA doctors to support this so called claim they said my NOD was.

I can certainly get a private IMO too-

But I am wondering why-since the evidence they have of diabetes as one of the "multiple"AO diagnosed conditions that caused Rod's death should award a direct SC death (they would owe me 60,000-70,000 in offset and other benefits I didnt even know about or consider in 2003 when I filed it)

WHat advantage is it for them to say this NOD is a "claim" and then expect me to get another IMO for this "claim"when they have 3 already to support the AO death claim filed in Jan 2003 and supported with considerable medical evidence in addition to the 3 IMOs?

They actually sent me with this letter I just got the very first VCAA letter I have ever received since Jan 2003-with the election notice.

In war maneuver class I learned the powerful advantage of deception-

and throwing the enemy off with an unusual tactic of diversion--I thiink VA is trying to pull that on me here-

to continue to avoid the overwhelming fact that Rod died due to an Agent Orange condition-one more misdiagnosis of many proven already-fully supported by Real medical evidence from a real doctor and not one of the VA quacks that misdiagnosed him numerous times-

if they want to play war games- they sent this to the wrong claimant-I can support this "claim" with evidence-no problem-

but does anyone here see what I mean?

If you have one claim pending for 4 1/2 years with lots of probative support why the heck would VA want to turn my NOD on a SMC CUE denial into a claim like this?

They never mentioned my remanded AO death claim or my SMC CUE at all.

I am sending inquiry to VA as to the other claims-

and making an appointment with my vet reps-

it is about time they got their thumbs out of their rectums and actually did something for me that their mission statement says they will do.

It never fails- when I am overloaded as it is- then that is when I hear from the VA-

I just noticed- first it says they are working on my appeal regarding "cardiovascular disease" as contributing to Rod's death-

I dont have an appeal like that.Unless they are reffering to my CUE for SMC.

But then they say We have received your claim dated June 22,2007.

That was the NOD with evidence on the CUEs.One was for cardiovascular misdiagnosis and lack of rating.

???

Maybe I should just get a lawyer on all this-

(maybe that is why they are calling the NOD- filed after the New attorney regs so I could get a lawyer if needed- - a Claim! and not a NOD !)

This is the busiest time of my year-I have major LOA test for graduation Monday and my last course begins next Sunday-

My daughter is coming home for a few days too-and I have to deal with this crap-

when my SMC CUE and AO death claims are as perfect as they could be and fully supported by medical evidence.

I really am starting to feel this RO holds it against me that I have helped many Buffalo vets and am VERY

vocal in telling anyone I can how they have denied me my rights (most recently Congressman Filner and a large radio audience) and I asked him to propose my amendment to the VCAA.

Funny how I never got any VCAA on any of my other claims but my NOD that put me into lawyers for vets regs criteria got me a VCAA letter in less than two months.

I am not upset about this- just overwhelmed by other things here ---but I am

absolutely baffled by this letter- they still owe me money but maybe they think this idea they got is cheaper than Nehmer retro-

????