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Question
Berta
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.
GRADUATE ! Nov 2nd 2007 American Military University !
When thousands of Americans faced annihilation in the 1800s Chief
Osceola's response to his people, the Seminoles, was
simply "They(the US Army)have guns, but so do we."
Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.
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