Question On My Claim

[Berta]

VA just confirmed whereabouts and status of my claim via 800.

It again appears that the CUE claim must be resolved before the formal IHD claim.The man said the PC indicated that both claims can "go forward" on March 7th. ????

I said what couldn't they 'go forward' prior to that but he couldn't tell why from the PC. ???

The CUE claim was filed in July 2004.

This is my question-under the CUE the VA failed to give any diagnostic code or rating whatsoever for my husband's documented IHD.

Although it was granted under FTCA and Sec 1151 as well as his totally disabling FTCA and 1151 CVA, the CVA was given DC and rating but it was all wrong.

VA refused to award SMC and they were wrong there too.Thus the CUE.

Consequently these all became direct SC AO disablities last year by BVA award.

The CVA is easy to rate. 100% direct SC (I forget what the right DC should be.)

The IHD has to be rated at a staged rating for 4 years -1988 heart attack and then IHD to 1992 as then in 1992 an ECHO reveals a 60% IHD rating was warranted.

The veteran died 2 years after the ECHO with IHD as cause of death and CVA contributing.

I have asked VA to award 100% for the 2 years coming after the ECHO.

The 60% ECHO results didn't happen overnight so that could involve up to 60% staged ratings prior to the ECHO.

The VA as you all know admitted to malpractice on all of above now SC disabilities -so that isnt the issue.

Although VA was aware of my husband's heart disease for 6 years they did nothing to diagnose and treat it and hid it in the med recs but I found it.(FTCA/Sec 1151 award)

Question -so since VA has no evidence whatsoever medically to say Rod's heart disease was not at 100% level for most of the time after the 1992 ECHO to his death due to their proven failure to treat it, do you think would they have the nerve to say it was only at 60$ SC up to day of his death?

Has anyone here ever had situation like that?

My claim is under Nehmer -has VA ever told anyone here that-as of a certain date- their claim will 'go forward'?

The 800 rep said there is no indication of any letters to me at all regarding this claim under Nehmer from the VAMC-True.

I have 2 Irises confirming it is Nehmer accrued.He said they must have all they need to "go forward".whatever that means.

[stillhere]

Berta said:

Right-VCAA violations are not part of any CUE claim.One does not receive a VCAA letter for a CUE claim.

The medical evidence must be documented and established.

You can only support a CUE claim with legal evidence.

I will keep my claims issues to myself from now on.

Well I certainly hope it was not post that set you off. But you did ask for opinions?

[carlie]

Thanks all.

If they award 60% IHD I am prepared to fight that with the autopsy and the OGC medical reports.

Berta,

Of course at this point there is no way to know anything - for sure.

BUT

I do think they will try to slide by with a 60 percent grant, like throwing out

a bone, just to make us have to keep fighting them for accurate adjudication.

[carlie]

I will keep my claims issues to myself from now on.

And I am documenting exactly how the VA treats widows of veterans- for future testimony I intend to give the H VAC.

"I am holding the VA accountable for their own regulations" that is worth repeating.

If you have sound medical evidence and a nexus and are still being denied-

the regulations that govern your claim are probably being violated by VA.

I have had responses from VA that are absurd and based on no established VA case law

whatsoever -as some of these raters are making it up as they go.

Berta,

I agree with all of the above Except,

"I will keep my claims issues to myself from now on."

Hey - remember - this is how we can keep learning how to fight

the good fight - and win !

[Berta]

Oh I meant Carlie-

I will post when I succeed in these claims.

There is a lot to them-especially the IHD claim with PAD and CVA secondary.

All the now SCed issues were also prior 1151 issues in the 1151 award.

I feel sorry for the rater in Phila. who has to decide my claims.

Although the IHD claim could render my CUE as a moot issue I am sure hoping I get something from VA that makes sense regarding why it isn't a CUE.

They have yet to acknowledge my legal evidence. Even the DRO ignored it all.I wish they had sent it to the BVA, but they put it under Nehmer at the last minute.

The results of both claims I have pending should be the same anyhow with the same EED.

I thought I sensed some negativity here a few times when I mentioned my claims.Maybe just my VA induced paranoia kicking in. Ha Ha

And the fact my former vet reps and even lawyers told me I would never succeed on every other issue I had since 1995 (which now I have award letters for )

I want a CUE decision based on VA case law, not some rater's ridiculous remarks. They haven't provided me a denial based on VA established SMC regs since I filed the CUE claims in 2004.

Even when the R0 had to prepare my direct SC death award letter, they stated things that had no basis in fact and the letter granting the award was absolutely absurd.The very first statement was not based on any VA case law whatsoever.

If I had been a widow with no knowledge of the regs- the very first statement would have prevented me from attaining any ancillary benefits.

I Nodded it-the award was correct, but the rest of it is evidence for the H VAC of how some of us deal with incompetent raters and DROs , in some cases, whose comprehension of VA 101 is nil.

Edited March 8, 2011 by Berta