Peace With Honor

[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

[Rockhound]

Berta: You have given me faith and the will to continue until the last claim is laid to rest in the win colum or my cold body is lit on fire and the ashes scattered. I would ask that they be scattered on the doorsteps of my local VARO, but that might get someone in trouble.

Any way, you showed them they tried to push a widow around and lost, if they could only learn from their mistakes. LoL

It's people like you that make waking up in the morning every day worth while.

Luv Ya Girl

Rockhound Rider ;) :) B)

[broncovet]

Berta..

You brought a tear to my eye. I am so happy you finally got honor for him, since you have helped so many others also be honored. Your husband is speaking from his grave, saying that he is very pleased.

Edited May 3, 2009 by broncovet

[Jazona]

Wonderful news!!! I'm very happy for you and I'm sure Rod would be extremely proud of you. Thank you for all you do for us.

jaz

[Berta]

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.

Edited May 3, 2009 by Berta

[Guest terrysturgis]

As others have said you were here for me years ago when I had no idea how to win a claim. I come to HADIT almost every day although I do not post much.

To read the outcome of your DMII claim makes me happy. Persistance is the key along with evidence. CONGRATS! Terry

[carlie]

Berta,

I am very happy, dancing but absolutely speechless - sorry but this will have to do.

carlie

THIS = THIS