ptsd Corrected Award Letter

[Berta]

The VA made clearly erroneous statements in my May 2009 award letter and I asked for correction on that basis.

I just got the 'correction'-it is worse than the one I wanted corrected. The director's office (of course I called them immediately) had a VSO call me yesterday but he didn't have a clue- another call to the director's office promised someone else would call me back on Monday-I asked for someone to call me this time who actually knows VA regs and case law.

Since I dont expect them to find anyone who actually has that ability at the Buffalo VARO - I am also preparing letter to someone at VA in DC who offered to help on this matter-but I wanted to make sure I took as many steps I could first to get this straightened out meself.

I also got with this letter another SSOC-this is the fourth one on my CUE claims.I have responded to them all and now they want me to respond again.

If any of you read my testimony to the Sub Committee Investigations/Oversight- the 53 submissions I made that VARO had ignored are building up into well over 60 submissions that have been ignored.SOme are read and acted on but other submissions are ignored.

These are stall tactics.

They have given the wrong date of the CUed decision and are consistently using the date I filed the CUE claim as the date of the CUE.The CUE occurred in 1996 and 1997 decisions.

The issue was re characterized as completely different from the original CUE claim.

What gets me- since this is the 4th SSOC- exactly like the prior ones and I responded fully with VA legal citations-referring them back to the actual CUE claims-

is that they failed to comprehend my last response to this same SSOC.

My CUEs are based on lack of any SMC consideration in prior VA decision that determined the veteran was 100% Sec 1151 and 100% PTSD SC.

When I got my direct SC death award-I wrote to them and stated ( as well as on prior SSOC response) that these issues have been rendered moot because the VA now has to make a SMC determination as to direct SC conditions my husband had at death- 100% SC PTSD, 100% Sec 1151 stroke, and 60 % or greater, for 1151 heart disease, as well as a proper DMII rating because the award makes the CVA 100% direct SC, the CAD direct SC and the DMII as direct SC.This stuff all has to be rated.

Under the Nehmer court Order I also stated I am eligible for ALL accrued benefits due the veteran in his lifetime ( as he obviously had these conditions in his lifetime as proven by medical evidence) and SMC is an inferred issue when the medical evidence warrants SMC.The point of my CUE claims in the first place.

Question-I used to get many SSOCS, and my responses eventually awarded those claims.

Is anyone else here getting duplicate SSOCs like this?

Oddly enough they keep extending my time limits by sending these SSOcs-I respond and they dont mention the response or evidence but send another SSOC (same wording) with another time limit.

Not a single piece of my evidence has ever been read on this.

I wrote as part of response on the last response form that they cannot send this case to the BVA because they have made so many legal errors in the processing of these 2 CUE claims.

Maybe that is why I got another SSOC-

any thoughts?

This crap will take up my time next week-and of course maybe time to write to the Sub Committee H VAC again-

The response I get from the Director's office next week will determine the form that letter takes.

The letter I received on my award is written in very poor English and makes a statement regarding VA DIC case law that simply isn't a fact at all and has no legal basis.The actual question I asked that generated this new award letter was not even mentioned at all.

Sorry for this rant-I am angry that the VA employees illiterates and something has to be done about it.

[Bonzai]

Berta,

I feel badly that they are giving you such a run around, and have been for a long, long time. But I would like to say that you have been a shinning example to me of being persistent and finding out everything you can about YOUR OWN case, and not just to trust (dare I say it?) the VA. So your postings, of the trials and tribulations that the VA is putting you through, are helping others that you may not realize. I just wanted to say thank you, because you have also posted your successes; which made me even more stubborn on not giving up.

As for duplicate SSOC... BTDT, wasn't amused at all, but didn't give up. :)

Louis

[Berta]

Louis - the funny thing is every time they screwed around with me -I learned more about their own regulations.In that respect it has been worth the struggle.

But if we sit down and consider if we had earned a reasonable hourly rate for all the work we all have to do on our claims- then the retro sometimes doesn't even seem to come close to or consider the time and value of that work.

BTW----Sounds like you are expecting a nice letter from the VA!!!!!!!!

[carlie]

Question-I used to get many SSOCS, and my responses eventually awarded those claims.

Is anyone else here getting duplicate SSOCs like this?

Berta,

Yes I have SSOC's that are pretty much verbatium of the prior SSOC and SOC.

What I find so irratating and discombobulating is this

Example something like:

Feb 2007 this is not a decision, it is a SSOC. This SSOC is in addition to

the SSOC dated April 2006, SSOC dated Jan 2005, SSOC dated Oct 2003 and

SOC dated June 2000.

carlie

[Pete53]

Berta

Read my signature

[Stretch]

SSOC's are nothing but a continuation of the stall.

When I was younger, trying to fight my claims, I just didn't have the time, patiences, or mentality to continue in this complicated game. I can see why so many Vets just give-up, I did.

It is too bad that a Vet can't just call up and ask, "What do you want?".

Another thing that got me to give-up is when a doctor poked me very hard in the 6th costal rib junction and asked me if it hurt. I said yes.

A few years latter I read the report. The doctor said that I complained of a 6th rib pain, when my service records said that I was treated for 4th rib costal chondritis. This just caused me to give-up with my thinking being that if the doctor lied and misrepresented the injury that then I would never stand a chance.

The 4th rib opened up from loading 500 pound bombs in Viet Nam, and I was treated with a cortisone injection right in the 4th costal junction per SMC medical records. I went right back up and started loading again without complaint. The chronic injury flares continued with denial from the VA using the original doctors BS that he wrote in 1984.

I know these copy-and-paste decisions in SSOC's continue. I just gave-up on this injury. The doctor who treated me for this condition after service is dead, and now that I have the time to invest there are no records of treatment, only scare tissue and re-inflammation from time to time.

Bonzai, is right. Your presistence is one of the things that gave me inspiration to continue in the claims that I did win and with the claims that are still in the Process.

[halos2]

Duplicate infomation on ssoc, and the funny thing all they did was change the date. The ridiculous thing was, in parts of it was written...because you receive 30% for this ...well that was 2 yrs ago I received 30% for this, humm seems to me I did appeal that/went to personal hearing with DRO/received an increase of 50% for that.............just to prove they don't read it, just change the dates and send them back to you. They are so LAZY and DECEITFUL thay can't even formulate a new ssco...just keep copying the old one and changing dates.

Edited November 2, 2009 by halos2