Waiting And Nervous

[CaravanDan]

Since the last time I looked for help here w/no success--I searched the Internet and finally came up with someone willing to help,I found out that my claim that I filed a few years ago for Guillain Barre Syndrome and was given Medical only by the VA-- should have been Rated and triggered a VA Reconsideration to determine if my discharge was under Other Than Dishonorable conditions. For some reason they didn't do this........... Thanks Dan

Edited April 18, 2016 by CaravanDan

[CaravanDan]

As you get closer to your destiny, the battles get tougher. As God promotes you, the road gets steeper. That challenge is a sign that you’re getting closer to your destiny. The same God that gave you grace to start is the same God that’s going to help you finish. He knows exactly where your path is leading.

[Berta]

You are right Dan. I agree with that spiritual statement My prayer group meets tonight and we will be praying again for the VA and all veterans.(I think VA needs Devine Intervention).

You and I deal with the same VARO and their error rate is ridiculous. SInce my last post above, I have had another battle, that is getting worse by the day , because they refuse to read my evidence but worse than that they are attempting to deny application of specific regulations that apply to my CUE.

These are regulations that would apply to any claimant in the same situation I am in.

And they definitely might not have applied basic VA case law and regulations to your claim either.

I feel they should have done a Character of Discharge review of your discharge.

The Hagel Memo might even apply to you. I aksed recently if someone could post that link here to this important memo but no one did...I put it here years ago and we even interviewed lawyers about it.I am using a new PC and having problems finding past links here.

I think I am going to write to the General Counsel again because one of their attorneys solved this same type of issue for me in the past.

And the Regional Counsel resolved another issue I had with them.

All those two entities did,,however, was to send them the very same regulations I did, many times, but that is when they actually read the regs,applied them to my claim, and sent the cash. No claimant should need any lawyer ,VA OGC, or otherwise to make them apply 38 CFR and M21-1MR to their claims.That is what these RO employees get paid to do.

BTW, here is the Buffalo VARO director's email addy if you need it.

donna.mallia@va.gov

She is getting a copy of my next IRIS complaint today, that again will include the regulations she refuses to apply to my situation.

I am going to do a proper audit of the 2012 decision in question because they subtracted years of 100% 1151 comp from my husband's established direct 100% SC comp, in complete violation of M21-1MR .

13. Determining Offset Effective Dates and Amounts

Introduction This topic contains information on determining offset effective dates and amounts, including

• the principles for determining the offset amount under 38 U.S.C. 1151
• determining the
- offset amount , and
- final date of a judgment
• handling retroactive adjustments, and
• examples of
- a retroactive adjustment,
- an unchanged combined evaluation, and
- situations in which an offset is not required.

Change Date March 20, 2011

a. Principles for Determining the Offset Amount Under 38 U.S.C. 1151 The amount of offset must not deprive a Veteran of any part of the compensation payable to him/her if a claim under 38 U.S.C. 1151 had not been filed.

Do not offset any amount if the disability compensable under 38 U.S.C. 1151 does not increase the total amount of compensation.

The offset provisions are applicable if compensation for a particular disability is payable solely under 38 U.S.C. 1151. If compensation is otherwise payable for that particular disability, regardless of previous evaluation, then no offset is required."

M21-1MR ,Part IV, Subpart ii,Chapter 3, Section D under # 13 (a)

They not only killed my husband (FTCA/1151) but "deprived" him of his proper compensation under direct SC by subtrating those amounts from his 1151 100% plus SMC comp.in a 2012 decision.

Hang in there!

[Berta]

I dont even have to contact General Counsel . Someone posted their Pres Ops on the same 1151, and direct SC situation I have, at the VBN site.

[CaravanDan]

Thanks Berta, I am hanging in there,, I have good people on my side that are doing amazing things for me.. Thank you all for your encouragement and help along the way!!!

Edited April 18, 2016 by CaravanDan

[CaravanDan]

To all Concerned, Its been Years but I'm still alive and not Giving up...  I think looking back I started this topic almost 10 years ago.. Thank you all for your encouragement and help along the way!!!

Edited April 18, 2016 by CaravanDan

[Andyman73]

CaravanDan,

Get some!!!

Semper Fi

Andyman