diabetes How To Enforce A Bva Decision.

[jamescripps2]

I am a Vietnam era US Army Veteran. In October, 2005, I filed a claim with the VARO in Nashville Tennessee for several diseases associated with my Agent Orange exposure during my military service,1967-1970. My claim was denied at the VARO so I appealed to the BVA in Washington DC. The VARO had also denied me a C&P exam, although I had asked for the C&P exam, in writing, many times. I have never been afforded a C&P exam.

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On November 2, 2009, The BVA rendered a partial grant. Despite being denied access to a C&P exam and based upon my overwhelming evidence I was granted service connection for type II diabetes and chloracne as due to herbicide exposure. Coronary artery disease was also granted as a residual of the diabetes. (BVA decision here) http://www4.va.gov/vetapp09/files5/0941553.txt

Three issues on the appeal, peripheral neuropathy, a hand and foot fungus, and ED were remanded back to the VARO, via the Appeals Management Center. The remand directs that a C&P be preformed and that the claim be re-adjudicated.

The AMC remanded my claim back to the VARO. The BVA decision also ordered that the claim be given expeditious treatment. The BVA’s order for the C&P exam was ignored by the VARO and no exam was ordered. My file was sent back to the AMC by the VARO on March 26, 2010, with no C&P exam having been ordered or performed. There was also no re-adjudication at the VARO as ordered by the BVA. Due to ineptness of the VARO my claim will once again be in limbo for a long time due to the backlog. When the matter finally does come up for consideration it will again be remanded back to the VARO for lack of a proper C&P exam.

My wife and I have been forced to survive on my small Social Security Disability check for more than thirteen years now. It required more than four years to get a favorable decision at the BVA level. The financial strain has been tremendous. The VA has even garnished my SSD check for medication co-pays that I can’t afford to pay. The numerous medications, ( fifteen per month), are for the granted conditions, now proven to be service connected disabilities. We exist off of the Vietnam Veterans of America food program. I have asked the VA to separate the granted issues from the remanded issues and to please give me a rating decision on the granted issues. After five months, I still do not have a rating decision.

I have talked official at the Nashville VARO. They admit that the remand order was not followed and that I should have been allowed a proper C&P exam as ordered by the BVA. They also say that although they sympathize with me, there is nothing that the VARO can do to correct the mistake or to right the wrong that may cost me another year or more in poverty.

I am proud of my honorable military service, but I am ashamed of the VA whose employees are not held accountable for accuracy and proper handling of the veterans claims for the honorable veterans who have served this country! Any ideas as to how to resolve this matter would be appreciated. What are my options and where do I go from here?

[Berta]

James- I picked this up early this AM from snakecharmer's site- this is GREAT NEWS!!!!!!!!!!

Like you-I had BVA award of my AO death claim (April 2009)but I had to put a foot up their rear ends to get the cash-had to ask them to CUE their RO award letters 3-4 times-which they did-but they still forgot the cash- and then I had to get the General COunsel involved.And the Sec too- whose letter was handled by Office of Communications and Management and that also became part of the record when I did the big push with the General COunsel.At first even the GC tried to blow me off but it didnt work.The worse battle I had was not the claim itself - but getting the money they owed me in retro.

I finally started getting the proper awards and retros in Feb and March this year-almost a year after the BVA award letter came.

You gave excellent advise here to all- and especially to Nehmer Class Action members like you and me-

VA loves to screw around with some (not all) AO retro claims- and those are the claims that seem to have the largest retro amounts involved.

I dont know why- because Nehmer pays our next of kin anyhow-even if a vet has no spouse or an AO widow dies too.

Then again VA counts on many claimants and Vet reps and NSOs who still don't know that and have never taken the time to read the Nehmer COurt Order.

(When I filed my claim in 2003 my former rep said "Nehmer who?"= the dope-I should have walked out And like many- he too said my claim was 'impossible' to win)

YOU are a True inspiration-

and you prove that if one goes the whole nine yards they will succeed.

Evidence is everything and yet even with the evidence - sometimes you have to practically hit them over the head with it.What I mean is =====making it impossible for them to ignore the evidence.

I COMMEND YOU!!!! 1st CONUS AO AWARD EVER!

Edited May 24, 2010 by Berta

[Pete53]

Congrats and I am sure that you have helped a lot of other Veterans

[jamescripps2]

The retro check came in todays mail.

The retro check came in todays mail.

[halos2]

The post was great to view this a.m. "Another Winner!"

Invest some of that check, don't get wild with spending. But most of all, take a breather and enjoy!! :D

Doing the happy dance 4 u...in my mind that is, really in bed and typing my reply.

Be sure to post your 100% in your personal member hadit section, so all can see it.

[Testvet]

James congratulations on your 100% plus award that 5 years of back pay will be a great windfall remember unless you happen to win the lottery that will probably be that last huge check you will ever see again so spend it wisely and I advise you put some cash away for that inevitable rainy day and find out what benefits the state of Tennessee has for 100% disabled vets you will probably have to ask the VARO for letters for your ID cards and your property tax exemptions and your vehicle exemptions and if your state does it for your free fishing or hunting licenses if you do either of those hobbies don't waste it on a new mustang though rofl

Edited May 26, 2010 by Testvet