Peace With Honor For Rod

[4ransom]

my claim and it only took6 years and 2 months

Berta, Congrats on winning your case. You have to be tough to hang in there for 6 yrs plus. So glad you never gave up. Rod would be very proud of you. You deserve it.

Many many thanks for all your help to me as well as many others still battling the VA on our claims.

You have helped me more than you would ever dream.

Keep on keeping on !

4ransom

[Berta]

Thanks- it is odd to see this topic come back-part of me still doesn't believe it-

My BVA award letter was correct-the award letter I received 2 weeks later from the RO was all wrong-

I also received 2 letters from the Chairman of the BVA and from Congressman Filner telling me my claim was awarded.

I told the RO Fix this award and told them why it was all wrong and that I would reply to Chairman Terry and Filner when they have a status or proper letter prepared.

The claim is with appeals team.

VA Watchdog isnt the best place for me contact-

NVLSP is-

if they give me any more crap.

Then again this is the first case of it's kind- even NVLSP said that-

wrongful death as well as AO death.

I didnt expect the RO would get it right but I was surprised at the way they worded this letter-

They said my DIC would continue under 1151 as 1151 was the "greater benefit" instead of direct SC death.I guess they mean it is better for a vet to suffer death by VA than an AO death.

They gave no rating on the contributing AO disabilities, no SMC statement, No Chap 35 statement, no mention of the FTCA offset (BVA said they would have to refund M21-1 Part 4 Sec 22.07)and no direction on my REPS eligibility and Burial Apps (in the C file)

If I didn't know better maybe I would have bought their rationale-but they owe me almost 100 thou-

and I have the evidence of that (so do they- it is in the BVA remand and past decision on something else-as well as in Nehmer and VA case law.)

Rod has Peace with Honor- I am so grateful for that.

But like every single thing I ever got from VARO (to include past awards letters)

they still try to defy basic established VA case law and regs in order to hold onto the money.

I sent them my own version of what the award letter should say.

Edited July 9, 2009 by Berta

[akwidow]

So in fact, even though you have proved VA responsibility, they are still messing with you...I would be interested to see when you get your back pay...as your wait is not over until the money is in the bank.