Berta Posted May 2, 2009 Share Posted May 2, 2009 Service connected death due to DMII from AO! Cripes I just paid for another IMO- I am using 38 USC 503 to get that fee back- MY HUSBAND HAS PEACE WITH HONOR!!!!!!!!!!!!!!!!!!!!!!!!!!!! cant hardly type-I thought they would fight me longer 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. Link to comment Share on other sites More sharing options...
peacecindia Posted May 4, 2009 Share Posted May 4, 2009 Yay, you finally won in spite of the obstacle courses that lackadaisical reps and overzealous raters placed either overtly or covertly in your path. You have honored Rod's last wishes and validated his sacrifices for the USA during the Vietnam war. What are you going to do with yourself now? Thank you all for so many kinds words - I only wish I could call Rod up to tell him - This all stemmed from his own 2 claims that he asked me to re-open if he died. They were both at the rating board per the 800# and hours later when I called to report his death- I got the same VA 800 woman who talked to him that AM. This DMII claim and award is due to my daughter's insistence while she was still in the Military-to re-open the original death claim. I kept putting it off as I never wanted to see an envelope from the Buffalo VARO in the mail again.I sure didnt want to ever call 800# again either. 8 months passed and finally due to her insistense I looked at his medical records again. She was right-the evidence of diabetes was there for 6 years prior to his death. Hidden -but there-I had missed this when I proved his 1151 claim. By looking at the medical records differently-I immediately then filed a re-open and supported the re-open with evidence.And continued to find evidence since. In late March or early April I called the BVA, who had the claim back from AMC and I faxed them my rebuttal to the C & P exam I had just obtained. Also I had learned how to red the microscopic autopsy slides never thinking they would reveal more info that I needed.But they DID! Hyperglycemia is the main etiology for myocardial fibrosis-but slides are hard to read. I sent as evidence my interpretation based on cardiology texts,the autopsy slides as to proving Rod had undiagnosed diabetes with the Fax to the BVA. It was a strong letter calling out the VCAA errors etc again,knocking down the C & P completely, and I also stated I was setting this up for possible CAVC review. (CAVC's main function is to determine if the BVA made errors prejudicial to the claimant.) It looks like it took 3 weeks from time of that fax to when they made this decision-4-29-09. I also contacted another IMO doc, just sent him the check and the records,about 10 days ago and have not received his IMO yet. I dont even know if he has even prepared it-he was going to call me first. Medical evidence -from real doctors-and a competent lay claimant -is what made this claim succeed. Link to comment Share on other sites More sharing options...
peacecindia Posted May 4, 2009 Share Posted May 4, 2009 Yay, you finally won in spite of the obstacle courses that lackadaisical reps and overzealous raters placed either overtly or covertly in your path. You have honored Rod's last wishes, but also validated his sacrifices for the USA during the Vietnam war. What are you going to do with yourself now? Thank you all for so many kinds words - I only wish I could call Rod up to tell him - This all stemmed from his own 2 claims that he asked me to re-open if he died. They were both at the rating board per the 800# and hours later when I called to report his death- I got the same VA 800 woman who talked to him that AM. This DMII claim and award is due to my daughter's insistence while she was still in the Military-to re-open the original death claim. I kept putting it off as I never wanted to see an envelope from the Buffalo VARO in the mail again.I sure didnt want to ever call 800# again either. 8 months passed and finally due to her insistense I looked at his medical records again. She was right-the evidence of diabetes was there for 6 years prior to his death. Hidden -but there-I had missed this when I proved his 1151 claim. By looking at the medical records differently-I immediately then filed a re-open and supported the re-open with evidence.And continued to find evidence since. In late March or early April I called the BVA, who had the claim back from AMC and I faxed them my rebuttal to the C & P exam I had just obtained. Also I had learned how to red the microscopic autopsy slides never thinking they would reveal more info that I needed.But they DID! Hyperglycemia is the main etiology for myocardial fibrosis-but slides are hard to read. I sent as evidence my interpretation based on cardiology texts,the autopsy slides as to proving Rod had undiagnosed diabetes with the Fax to the BVA. It was a strong letter calling out the VCAA errors etc again,knocking down the C & P completely, and I also stated I was setting this up for possible CAVC review. (CAVC's main function is to determine if the BVA made errors prejudicial to the claimant.) It looks like it took 3 weeks from time of that fax to when they made this decision-4-29-09. I also contacted another IMO doc, just sent him the check and the records,about 10 days ago and have not received his IMO yet. I dont even know if he has even prepared it-he was going to call me first. Medical evidence -from real doctors-and a competent lay claimant -is what made this claim succeed. Link to comment Share on other sites More sharing options...
les Posted May 4, 2009 Share Posted May 4, 2009 It is a great day for you, Rod and all of us! Les Link to comment Share on other sites More sharing options...
akwidow Posted May 4, 2009 Share Posted May 4, 2009 yea for the side of truth! You are inspiring to me, Berta! Congratulations. "Do one thing every day that scares you." Eleanor Roosevelt Link to comment Share on other sites More sharing options...
Judy Posted May 5, 2009 Share Posted May 5, 2009 Dearest Berta, whom I consider my friend; I cannot tell you how happy I am for you to have won this case. You are the reason for the season; you were the wind beneath my wings throughout the last 18 months of my reopened 18 year old claim. You are the one who kept me inspiried and moving until I won it. I will pursue the other claims that I feel I have and thanks to you and others on hadit, God willing, I will win ... Your man is proud of you for sure! Judy Link to comment Share on other sites More sharing options...
ladypoetry85 Posted May 6, 2009 Share Posted May 6, 2009 Peace and wellness Ms. Berta Congrats! You are the wind beneath many of our wings and it's great news to hear that your case was won! Now if we could just get you appointed to the Supreme Court....(smile) Your husband served with Honor and you serve with HONOR! I salute you! Link to comment Share on other sites More sharing options...
Question
Berta
Service connected death due to DMII from AO!
Cripes I just paid for another IMO-
I am using 38 USC 503 to get that fee back-
MY HUSBAND HAS PEACE WITH HONOR!!!!!!!!!!!!!!!!!!!!!!!!!!!!
cant hardly type-I thought they would fight me longer
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.
Link to comment
Share on other sites
Top Posters For This Question
4
2
2
1
Popular Days
May 2
20
May 3
14
May 4
7
May 5
1
Top Posters For This Question
Berta 4 posts
gdsnide 2 posts
peacecindia 2 posts
Fletch 1 post
Popular Days
May 2 2009
20 posts
May 3 2009
14 posts
May 4 2009
7 posts
May 5 2009
1 post
Posted Images
42 answers to this question
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now