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diabetes Va Letter Calls My Nod
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Question
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-
????
GRADUATE ! Nov 2nd 2007 American Military University !
When thousands of Americans faced annihilation in the 1800s Chief
Osceola's response to his people, the Seminoles, was
simply "They(the US Army)have guns, but so do we."
Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.
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