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Berta

Question

VA has awarded me the refund of my FTCA offset.

Also REPS just told me my REPS application was approved.

But-the VA is trying to say that since my husband didn't know he had heart disease and diabetes (although they agree he did have these AO conditions) therefore he did not claim them in his lifetime and thus they wont apply Nehmer to my EED for DIC.

Say what? They failed to consider he was MISDIAGNOSED for 6 years (documented)and this is why he didnt know he had DMII and CAD-

The decision on this is an interesting read-I will ask them to CUE themselves again- it worked on their last two faulty award letters and I am appalled at their vastly faulty logic in this decision-

the odd thing is that when an AO vet dies- it is the claims of their survivor that determine DIC-and the VA failed to even mention my DIC claims.

But I have most of the monkey off my back on my issues-

and find I still have a little battle here to go-

I cant wait to prepare my response- they really bared their A-- on this one and maybe I can use it to get the IG into Buffalo with it-

something is really wrong at that VARO-and I sure can't be the only one who is getting these ridiculous decisions.

I could even raise the IHD issue too- when I ask them to CUE themselves for the third time since April.

More of us should be requesting that they CUE themselves -if their decision contains critical legal errors.

It has worked for me many times to get a faster response from them.

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unbelievable - the idiots! That's like saying that a vet who had his leg blown off and didn't know because of shock still had two legs!!!

Put your sparring gloves back on Berta!

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VA has awarded me the refund of my FTCA offset.

Also REPS just told me my REPS application was approved.

But-the VA is trying to say that since my husband didn't know he had heart disease and diabetes (although they agree he did have these AO conditions) therefore he did not claim them in his lifetime and thus they wont apply Nehmer to my EED for DIC.

Say what? They failed to consider he was MISDIAGNOSED for 6 years (documented)and this is why he didnt know he had DMII and CAD-

The decision on this is an interesting read-I will ask them to CUE themselves again- it worked on their last two faulty award letters and I am appalled at their vastly faulty logic in this decision-

the odd thing is that when an AO vet dies- it is the claims of their survivor that determine DIC-and the VA failed to even mention my DIC claims.

But I have most of the monkey off my back on my issues-

and find I still have a little battle here to go-

I cant wait to prepare my response- they really bared their A-- on this one and maybe I can use it to get the IG into Buffalo with it-

something is really wrong at that VARO-and I sure can't be the only one who is getting these ridiculous decisions.

I could even raise the IHD issue too- when I ask them to CUE themselves for the third time since April.

More of us should be requesting that they CUE themselves -if their decision contains critical legal errors.

It has worked for me many times to get a faster response from them.

Berta,

Congrats, unfortunately with the VA nothing seems to go smoothly. Even when faced with undisputable evidence they still try to fight it. I know that you will handle this with no problems, "Give-em-Hell", Miss Berta!!!

Bergie

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Berta

I have a question...would you ask them to "Cue" themselves when the decision is still within the one year appeal period? I guess you are suggesting a "request to cue themselves" works better than a NOD or a Motion for Reconsideration.

I guess what I dont understand is that CUE is a more difficult standard than a typical NOD, so it is unclear the advantage of them Cue ing themselves. Thanks..Bronco

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Congratulations Berta, No matter how bittersweet the VA has tried to make it for you. I hope this latest round with the VA has lightened your burden. Your resolve to seek equity is inspiring. Your efforts will help countless widows, veterans and their families, in the future. As I read your post, on this cold wintry day, and along with my best wishes, I am reminded of Robert Frost's words, "The woods are lovely, dark and deep. But I have promises to keep, And miles to go before I sleep,... ". my most positive thoughts are with you.

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