HadIt.com Elder Wings Posted January 26, 2009 HadIt.com Elder Share Posted January 26, 2009 (edited) x Edited January 27, 2009 by Wings Link to comment Share on other sites More sharing options...
gp747 Posted January 29, 2009 Share Posted January 29, 2009 wings i think you are a lady and a scholar!!!!!! Link to comment Share on other sites More sharing options...
HadIt.com Elder Wings Posted January 29, 2009 Author HadIt.com Elder Share Posted January 29, 2009 wings i think you are a lady and a scholar!!!!!! Thank you, Sir Skunk ;-) You have your heart and your backbone, right where they need to be. Keep on keeping on!! ~Wings Link to comment Share on other sites More sharing options...
ruby Posted January 29, 2009 Share Posted January 29, 2009 Wings, sorry I would have posted something but I haven't been here in a while. I would read it and comment if you would either like to re post or email it to me. Ruby Link to comment Share on other sites More sharing options...
hollywoodnc Posted January 30, 2009 Share Posted January 30, 2009 x x x CRAP, I keep seeing mistakes and want to be perfect so the VA will LOVE me LOL! I promise to suck it up, and post, once it has gone postal service, certified. Thanks everyone for being willing to read and comment. ~Wings "...and want to be perfect so the VA will LOVE me..." I want them to HATE me!!! When they see my responses, I want them to shutter! They insult me...I bite back! I already get dirty looks...so WTF! hahaha :D :D :D Link to comment Share on other sites More sharing options...
hollywoodnc Posted January 30, 2009 Share Posted January 30, 2009 PR Thanks, I was thinking along the same lines: changing the ISSUE from EED to TDIU, but it's gonna take some thought! They've given me 30 days for the Rebuttal, and since it was sent 1-13-09, I haven't much time! The more I write, the more they have to read, and I know they really don't like to read our appeals LOL! HUGS!! ~Wings The AMC recently labeled me as incompetent, my condition was due to AGE, my evidence is considered as LAY, etc, etc, etc... I decided to write a 17 page response (brief) to address these imbeciles and their attempt to insult me, and responded in kind...along with a mention that I am being denied my Constitutional right to Due Process, when I file a Motion for Reconsideration, to an 1151, I am entitled to a Denial or Accept response, pursuant to: 38 CFR § 20.1001(1)(2). What the BVA decided to do, was contact my POA, and have him convince me by phone to drop the claim. I didn't, and instead filed the motion. About two weeks later, I receive a "cc" letter from my POA, where the BVA made it clear that my 1151 was dropped from the docket. Until I receive a response, the claim is still alive and well, and "Tolling". SOL does not apply then. This act is also construed as "Deliberate Concealment". Isn't this also known as MISCONDUCT??? The remaining issues of this case were remanded... So NOW you will see why I enjoy pissing them off! As some of you may know, I fought these jackasses in the Federal Circuit, as a Pro Se, on discrimination (age/disability), Retaliation, Constitutional, etc.... Title 38 is small potatoes! hahaha Link to comment Share on other sites More sharing options...
hollywoodnc Posted January 30, 2009 Share Posted January 30, 2009 Berta Wrote, Jan 29 2009, Wings-I read the original post you had here but wanted to print it off and re-read it- and then I couldnt find it-except for a deleted post. I thought it was very well prepared and it made sense! I too used VA legalise in my response to the AMC. But many of us have prepared our stuff well and still the VA misinterprets our responses. In my response to AMC, I Captioned it as in Three Parts: Part I. I focused on the fact that the BVA had noted the VA had not considered any of my medical evidence-and I enclosed much of it again-and even some additional stuff they might have lost.(I scanned and inserted that part of the actual remand); Part II. I used in legal citations etc to support my claim under a legal argument. Part III. I referred to the Nehmer decision in case I die before award, they have to award my beneficiary part of the offset award so I gave contact info. But it took me some time to determine how to shape the response I made-I wrote it 3 or 4 times and I know this is what you are looking for - the best format possible to get them to comprehend your points. I still believe Page One of anything to VA, or the BVA or the I-9 or the AMC should state what you want from them and directly refer to the evidence-by identifying it on the first page; and after that, expanding on it within the rest of the response. My AMC response started right off the bat with: "The VA failed to consider ANY of my medical evidence in the past 5 years and 9 months since filing this claim." I then referred them to the Exhibits enclosed of this evidence. Just in case it suddenly was missing. And to the BVA statement that it had never been addressed yet. I also asked for expeditious treatment. I managed to get this all on the first response page. My response to VARO on my CUE claims was the same statement except it was legal and not medical evidence. I had listed the evidence right on the DRO Election form and then referred to that legal evidence again. Whether CUE or regular claim, I think that first page is critical when we prepare it: It should contain what we claim (that CUE was made, or disability rating, or TDIU, etc.), and then right away state WHY we are entitled to a favorable outcome of the CUE or why the disability claim should be awarded and why their decision is wrong. And then expand in additional pages. I will certainly read anything you post here on the rebuttal you are making. What we want and why they are wrong, and then WHY we should be awarded the claim- not always easy to condense into the first page but worth trying to get it there and expanding on it in the additional pages. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Berta, I agree with you 100%!! I don't know how to condence this argument into a paragraph. I don't know how to ask for what I want, because I don't know the llaw can support it. Let me work on this for a couple of hours, and post it for some feedback. I do need Hadit's help now, and I appreciate your advice! ~Wings over and out! Wings... Skunk said it best: "wings i think you are a lady and a scholar!!!!!!" In my response to the bozos at the AMC (American Motors Corp? hahaha), I submitted a package, consisting of "A, B, C". "A" was the cover letter explaining to the simpletons, how to use "B" & "C". They would have to read "B", and when there was a reference (eg: SEE: #1 Sept. 9, 1975), they would have to resort to "C". "C" would consist of a brief summary & lead them to the exact document in the file (I'm not spending the money to send duplicate exhibits...let them work for their "quota bonus"! hahahaha). Link to comment Share on other sites More sharing options...
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