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.

[carlie]

Berta,

This sounds just great.

carlie

[tssnave]

Berta,

Hang in there and fight the good fight.

Regarding your comment about having the opportunity to let VACO know about your VARO, that may be the Lord's timing to provide for other veterans and widows. I hated all the delays in my claim until I realized that the C&P exam worksheet that was finally used was different from the one I originally printed. The newer one had a Section G that had the examiner state, in words not numbers, what percentage rating you should get (the words lined up exactly with the rating schedule). This was part of the evidence I used in my second appeal because the examiner said I was 100% (and the VA figured that meant 50%). Had I gotten my C&P exam earlier, Section G and the remarks by the examiner stating I was 100% may not have been on the C&P exam as clearly as they were spelled out in Section G.

I believe it was all God's timing. I hope this encourages you as you wait for the proper settlement of your claim.

Thanks for all you do for veterans and their spouses and keep us posted!

TS Snave

Edited November 30, 2009 by tssnave

[Pete53]

I think that the VA is now under a microscope and is being forced to do what they should have been doing years ago.

[Berta]

another update-it has been a busy day-

I am filing a complaint with the Inspector General against individuals at the Office of General Counsel-

long story but it is distressing to deal with VA lawyers who reveal they don't know basic VA case law.

No wonder one of them told me to get a job with VA in DC.

[Berta]

Very very busy day-OGC just asked me to hold off contacting the Inspector General and I gave them until Friday Dec 4th,2009 to resolve my issues.

As I always say sometimes it takes a swift kick in the A-- to get people at VA to remove their thumbs from it.

This matter might take up most of my time for a few days (I am preparing that complaint anyhow)

and I might not be here.

[Pete53]

Berta:

I have my fingers crossed and I hope it gets resolved before Firday the 4th