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Vcaa


Berta

Question

Last week I received the first legal VCAA letter and election notice I ever got in 4 1/2 years.

It would generate a SC direct death award but it is not the claim that has the most evidence.It is not the award that I want.

Free made a good point before when I mentioned how the VA has diverted the main issue- and the main claim-Agent Orange death and the 3 IMOs that VA has never considered.

It seems that it all boils down to money- the AO claim involves Nehmer-

I am using this VCAA letter to draw out the other claim and will re-send the significant evidence on that-

the clinical record does have support for this other claim that I got the VCAA notice on-so will send that in too-

A 800# vet rep took quite a bit of time to talk to me today- there is suddenly significant information on the PC screen as to all of my issues-

but as I told her- the fact remains- the VARO has a remand there of the initial 2003 AO claim -with probative medical evidence- more than enough to award under the AO claim and they are awaiting my response to "put it all together" and to include the SMC CUE.

I just dont get it-they owe me cash either way-

if they give me proper award on the older AO claim- this other PTSD-heart to claim-becomes a moot issue.

I have to take much time to shape my response to fully draw them out and get a decision on the 2003 AO claim but will send the clinical info I have to support this PTSD to heart claim-too

The VSM herself inadvertently inferred the PTSD claim Rod filed under Sec 1151 was part of the 1151 award I received-thus a SC condition contributed to an SC death.

That is part of my evidence, her letter to me of 2006.

I also mentioned this in recent email to VA and asked-based on the VSM's statement- where is the money for that DIC claim.( the refund of 60,000 offset under FTCA, funeral expenses and better Chap 35 date etc)

Maybe this VCAA letter is her answer. They would have to do something with a claim that a VSM supported in documentation.

In any event -I am back in school plus I have to deal with all this-and again copy and resend all of the evidence that VA has never acknowledged.

I wont be here too much until this is all dealt with.

Any thoughts?

At least they are trying to finally handle all of this-

I made it quite clear recently to my POA that if the IMOs and medical evidence are again ignored by VA in the AO matter I will file full complaint on them all with the OGC.

If there is anyone out there with complaint against NYSDVA I can include this in that complaint and will open my email for the info-

I do have others to mention in this complaint who received inaccurate and negligence claims advise from this POA.

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  • HadIt.com Elder

Berta

You got the VCAA letter! In my experience until you get one of those letters regarding your claim you are in NO MAN's LAND. It is as if your claim is not really being considered as valid until you get that letter. You will prevail but the people fooling with your claim should be fired for taking this much time to decide it. You know it is just about the money and the VA trying to find some way to pay as little as possible. Abe Lincoln's words are just trash to these VA types.

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John- it is on a claim I filed in 1996-a CUE that was denied by the BVA-in 1998 I had already won my Sec 1151 claim so I did not pursue this old claim.

So I got a VCAA letter on a claim denied in 1996 by the RO and the BVA. ????

After my main AO claim was sent to the BVA last year- and I got it back due to legal errors etc-in weeks- the RO then filed a Motion to Reconsider this older CUE claim with the BVA.

I have no interest in this older claim.They do.

Also in a letter from the RO dated Jan 2006 they said they were attempting to re-open this older CUE claim.I didnt respond to that part of the letter except to tell them my award in 1998 overruled this claim and made it mute.

Yesterday I had time to read this VCAA letter thoroughly and it does not make sense.

The BVA, when they remanded my claim last year-told me that the RO Motion was there on this older CUE but the RO had failed to state the date of the claim it was on.

This is critical to any Motion for reconsideration filed by a claimant or-in this case-the RO.I figured the motion would go no where- I am not interested in this claim at all.

I actually thought this VCAA letter was on another claim I have but it wasnt.

I still remain without legal VCAA letters on any current open claims I have filed.

I can manipulate this VCAA letter into drawing them to the evidence of the main claim-I have to recopy and send all the evidence and the IMOs all over again-

When I looked at this letter- it is an obvious diversion from the whole point of my issues-

Since the VA has ample evidence to award my AO death claim and this old CUE is a moot issue and I dont see why or how they want to re-open and old CUE and

this seems to be another attempt from the RO to avoid reading my evidence for the main issue-the AO death claim.

The RC granted an old CUE I had a few years ago and maybe they think they denied this other 1996 CUE in error-but I feel the 1998 RO and BVA decisions were correct.

Why would VA send a VCAA letter on a 1996 CUE claim -denied by the RO and the BVA- that has absolutely nothing to do with any of my pending issues?

Money-that's why- and the fact that the Nehmer Court Order kicks in on my AO death claim.

After my long ordeal with this RO in the 1990s- and I succeeded-I learned to fight them with their own regs and the EVIDENCE.

The only thing that really pisses me off about this letter is that I have to spend time copying what I have already sent to them MANY times-

My daughter was home for a few days recently and still remembers how many countless trips I had to make to a copy machine -20 miles away-in the 1990s (we didnt have a print copier then)-because they somehow kept losing the "good" stuff.

However-this inaccurate letter is the sole legal VCAA letter I ever got since 2003 so I will turn it into what I want and get them focused on the main issues.

If Congressman Filner does not propose my amendment to the VCAA-by November I will be able to focus every minute of my time in finding someone in the Senate or Congress who will.

Many vets do not know their VCAA letter is illegal and their reps know an illegal VCAA letter means the claim will be in limbo for years-they get copies of VCAA letters too- for every claimant - on their POA.

It is the main cause of the backlog- defiance of the VCAA by ROs and with the cooperation of vet reps and orgs who never challenge this scam.(documented by letters I have from the director of NYSDVA)

Thanks for the response John-

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Guest jangrin

Berta,

If this is the FIRST VCAA letter you have recieved on your VA claims, then this is the first time the VA has really aknowledged that you actually have a valid pending claim.

Is it possible for you to add your IMO's and other evidence to this "old CUE" and force them to look at your evidence that they have never admitted having? Or is it going to cause you to use your IMO's and then they can say they have seen your evidence and it does NOT apply ih this instance. Then you are stuck getting more new evidense for the other claim, as they can say they have reviewed your IMO's

It seems like a catch 22 to me. If you respond your evidence my be wasted, but if you don't respond they could add your other issues through the "back door" into this claim.

Jangrin

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The VARO has been working on my main AO claim and my 2 CUE claims for months and months-

These claims are well supported by probative evidence.

I turned the recent VCAA letter I got (on a claim they say is on appeal but it isnt)- into the VCAA letter of my dreams-that is I used considerable VA case law in the response to get them back to the main claims as this claim would be rendered moot by a proper award on my Feb 2003 AO claim.It was denied in 1998 by the BVA anyhow and I didnt appeal because I had gotten my DIC award under Sec 1151 and not under this issue.

The dopes -I mean the RO- filed a Motion at the BVA to recover this claim under a reconsideration but failed to know the date the claim was filed.The date is right in the BVA case on line.But BVA will not accept a Motion from the VARO without the right dates.

I could give them the dates but they dont know I know how they bungled this one- and this is why I got this VCAA letter.

However I also provided probative evidence to award the claim this VCAA letter is for in addition to resending all the evidence on the AO claim that they have never considered.

If they do award this claim (which is not even on appeal and was decided by the BVA in 1998)

I will NOD the award .

How can the VARO send a VCAA letter on a claim that was denied in 1998 by the BVA?

They can't---- but they did-in my case-

Sure beats me but my response is a beauty.

I only regret that again I have to copy significant evidence that has been sent and re-sent to the VA many times already but they have never acknowledged it yet.

They probably have cost me a fortune in priority postage, ink and paper but whatever it takes I am willing to do-

This VARO told me continually in the late 1990s that I had failed to send them evidence for an award of DIC.

I had to re-send over a dozen times (documented) the evidence I had in those days and I won those claims.

None of my AO death claim evidence or CUE evidence has ever been rejected or rebutted -it just has never been acknowledged and considered---- because they would have to make an award.And write a check.

I dont mind playing their game at all-I just dont like the time they cause me to re-copy and send what they already have and to explain it to them again as if they have the IQ of a house plant.

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