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.

[john999]

Berta

I am surprised the VA has not offered you a job to get you on their team in hopes of shutting you up, heh,heh. If you can't beat them get them to join you.

[Berta]

They did John-

OGC did more than once over the years-even 2 weeks ago-

The biggest problem with these VAROs is that they do not adequately train the raters and DROs who handle our claims.

VA is not worried about our vet reps- if they dont know VA case, the VA walks all over them-to our detriment-

The ROs have the same report I am a click away from at the BVA web site -as to what Vet orgs have the best success records and the ones (state and county reps are at bottom of the barrel) who dont.

I have even met lawyers who represent veterans who I feel are deficient.

Only the advocates of our nation like you and so many others here actually comprehend VA regs and case law.

We should ALL be working for the VA and that would minimize the backlog.

Edited December 1, 2009 by Berta

[tssnave]

Berta,

Please post a link to the report you mentioned: "The ROs have the same report I am a click away from at the BVA web site -as to what Vet orgs have the best success records and the ones (state and county reps are at bottom of the barrel) who dont."

Keep us posted on how things play out.

Thanks,

TS

[Berta]

http://www4.va.gov/Vetapp/ChairRpt/BVA2008AR.pdf

The 2009 report will be posted at BVA by end of February.

Looks like lawyers in 2008 were doing worse then the state orgs.

[Berta]

what I mean was (it is page 27 of the report) lawyers had many denied BVA claims but then were more successful in obtaining remands than many of the vet orgs with denied claims.

Only 16.3 % of claims with no representation were allowed and yet 49 % of clams with no POA were denied.

I cant wait for the 2009 report to come out.

[Berta]

The Office of General Counsel has informed me that my entire case is being reviewed and that the lawyer reviewing it said I have a "valid claim."

What they really mean is that I raised Hell Wednesday and filed a valid complaint fully supported by VA case law and regs themselves regarding two matters involving withheld money that is mine- as NVLSP said-two payments are due me - not one.

And as I just told the OGC lawyer this fiasco all occurred because the federal gov employs people at the Buffalo VARO who do not have the ability to read.

I have already contacted the IG too-as I believe my situation falls into one of the categories of IG types complaints that they must act on.They have a limited criteria at their web site.

I have considerable legal definitions here but asked the IG what their legal definition of FRAUD is.Just in case I need to push further on my issues.

This problem is stemming from either retaliation for my H VAC testimony- or just the fact that there are poorly trained or illiterate VA employees at the Buffalo VARO.