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My Story, My Claim

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johnson

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My Claim is opened 3/14/1978. It was adjudicated. Once opened, VA failed to work on the claim to completion. I did not appeal.

2/11/1994, I received VA Statement that they have denied my claim, however, they state that my claim is continued. I did not appeal. 3/23/1994, VA again contacts me that they have my evidence of service and records. We have determined that you are medically eligible for a non-service pension. Your heart condition, concussion, is continued. I did not appeal. In 1998, I received from BVA, that I'am on the docket for a CUE decision. I did not appeal. On 1/5/07, through ChampVA, I'am granted a remand. On 1/6/07, the remand is granted and signed by the Judge. On 1/10/07, they claimed that I withdrew my claims and remands. On 3/1/07, again stated this. On 1/26/07, Va filed a false statement from a service manager of Newark, NJ. He had canceled all of my appeals and remands, effective 1/26/07. This is a false statement, as I had no POA. Confirmation, is stated by Ms Peak, who confirmed and sent original documents to me as I had no POA. Kathy at VA, Washington, call me and confirms that I have withdrawn all of my appeals and remands. Kathy makes a statement without putting it in writing. On 1/7/06, I received CUE by BVA., as I had not appealed the BVA decision and 120 days had past BVA under law must work on CUE. At this point, I have contacted my Congressman who acknowledges that all my statements are true. Kathy calls me two weeks ago, and leaves me messages to call her. I return her call with a statement that she stated false statements and will face a felony under federal law. I asked her why she did this and she said she did as the VA RO told her to do. Kathy works for Va Headquarters in Field Department and cannot make a false statement. Fortunately for me, she left messages on my answering machine that will be played in Federal Court for Fraud. I have advised Kathy, BVA, RO, AMC, that I will file Federal charges. Under false evidence under Tricks and Schemes, I have advised BVA to make a decision under 5109C and 7111 at my request. VA RO failed and did make a legal CUE for they did not realize there were 3 open claims before 2000. I have never received a VCAA letter or form and have proof from VA RO original files. VA must revert back to 3/14/78 as this is an open claim and VA failed to see it as such and two other claims never appealed, giving me right to go to BVA. Once they make a decision, VA RO can never look at file again, this is at top of the docket at BVA. Once decision is made I plan to go public so all Vets, will be aware of this. And I plan to file Federal charges.

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Johnson, welcome to Hadit. I'm sure, now that you have informed and warned us all here that you will keep us posted on the outcome of your current case with the VA.

WOW! It is stuff like this that really just makes me want my claim adjudicated and done with. The waiting is what causes these fraudulent acts to occur and go unpunished because we don't know what the heck is going on half the time. What's worse is when the decision letter does come from the VA RO, it does make you wonder where they got their info. That, of course, being the case when we have been denied.

But I see that you are at 100%. What is that for, if you don't mind my asking?

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VA Granted me 100% for Chronic PTSD, giving my dependents a good opportunity, because with PTSD, one could die from anything. No further exams and this cannot be taken away. I did not open claim on 3/14/78 for PTSD.

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Hello Johnson and welcome . I am so sorry that you have to deal with Newark NJ. VARO and its Faculty including M Blazis Ser.Manager including E Kristi whom is the Liason for and Political contact such as your Congressman, I have been advised that this is one of the worse VARO nation wide to get any type of resolve.My suggestion to you is seek out Counsel Berta posted Lawyers there is one listed in there here in NJhis name is Kazmierczak in Oakland NJ really nice guy if you have a decision i believe he can help you my advice is to stop and assist to all communication with VARO and all parties if you make threats they will find away to utilize this against you in some fashion.Call this attorney i think is your best soloutin at this point the consultation is free. again welcome my brother

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Thank you very much for your excellent advice. You are right about Newark VA. I will contact Lawyer in Oakland once I hear from BVA. I must wait for a decision. Thank you, Brother.

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What is you claim at the BVA for?

Are you a Blue Water Navy vet with any disabilities on the AO list?

Did you have anyone on your POA at all during all this time?

I would not hesitate-if I were you-to obtain an attorney ASAP.

If the VARO had violated your VCAA rights-and I cannot determine if they did or not- your BVA case will be remanded back to Newark anyhow-

Have you checked lately with the BVA itself?

Their ombudsman's email address is here under a search- here it is:

"The BVA is very user friendly-

I contacted them for my remand at either 1-202-565-5436 or

1-202-565-9252- which might be their FOIA lawyer's number- but they can refer you to the BVA claims person-who pulls up the BVA pc and they told me more from their PC than I expected when I called them last year prior to my remand-

found out the VA itself had attempted to re-open one of my old CUE claims for SC death-

Also the BVA ombudsman is very easy to contact-

bvaombudsman@va.gov"

I found out something very interesting when I got my remand- by calling the BVA-

they had filed a Motion to re-open one of my claims-denied long ago by the BVA.I think it was a CUE.

I sent in Iris request on that 2 weeks ago and they still have not replied.I think my SMC CUE lawyer said they might be able to look into that-

are you claiming a heart condition due to PTSD?

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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What is you claim at the BVA for?

Are you a Blue Water Navy vet with any disabilities on the AO list?

Did you have anyone on your POA at all during all this time?

I would not hesitate-if I were you-to obtain an attorney ASAP.

If the VARO had violated your VCAA rights-and I cannot determine if they did or not- your BVA case will be remanded back to Newark anyhow-

Have you checked lately with the BVA itself?

Their ombudsman's email address is here under a search- here it is:

"The BVA is very user friendly-

I contacted them for my remand at either 1-202-565-5436 or

1-202-565-9252- which might be their FOIA lawyer's number- but they can refer you to the BVA claims person-who pulls up the BVA pc and they told me more from their PC than I expected when I called them last year prior to my remand-

found out the VA itself had attempted to re-open one of my old CUE claims for SC death-

Also the BVA ombudsman is very easy to contact-

bvaombudsman@va.gov"

I found out something very interesting when I got my remand- by calling the BVA-

they had filed a Motion to re-open one of my claims-denied long ago by the BVA.I think it was a CUE.

I sent in Iris request on that 2 weeks ago and they still have not replied.I think my SMC CUE lawyer said they might be able to look into that-

are you claiming a heart condition due to PTSD?

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