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Award Letter Error

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Berta

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I might have griped about this one already but maybe not.

Yesterday I re -sorted all of my VAOLA stuff.It got out of order when I had to respond to their last letter.

I had questioned errors in my VARO's award letter of 2010 three times and reflected again on one of their responses.

They had failed to adviose me of the ancillary bgenefits my award generated.

The VA made the extraordinary statement right in the first paragraph- that 1151ers and direct SCers receive the same ancillary benefits regarding their DIC awards.

Of course there was no legal reference for that because it isn't true and the rater made this up.

The letter(had I not known better) was suggesting that even though my direct SC claim subsumed my past Sec 1151 award-

I was not eligible for any additional benefits -as ancillary benefits are quite limited under 1151.

What gets me is that the BVA -in a decision long ago to me- and supplied to VA for my AO claim stated emphatically that my 1151 award did not bring the same ancillary benefits that a direct SC award would.The regs are cited in the decision and

prove tat this rater made up the statement they thought I would accept.

If I had been a widow without a clue (or had a vet rep who didnt know much about DIC )I would have never gotten a single ancillary benefit by relying on this statement.As it was -I bypassed the RO for REPS, DEA retro and some other stuff.And I got these ancillary benefits.Because I knew how to and I had the evidence that warranted them.

My point here is (and I certainly responded to their ridiculous statement)

that we must carefully read this stuff. Even when they responded to my CUE they made stuff up without any legal citation.

What we know is incorrect in any decision, we have to challenge --- because if we don't -we are,in essence, accepting it and agreeing with it.

Since the Nehmer people got extensive training, I wonder how many errors like this they are seeing in past claims.

I have gotten used to using this type of format-

I scan the letter or decision from VA into Openoffice as a new doc and then I go line by line with quotes from the VA stuff

inserting WRONG in large font -after each erroneous statement and then telling them why it is wrong.

Maybe other claimants don't have to do this and they get stuff that is correct.

I haven't had a single correct letter from the VA since 1995.

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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Berta

Shouldn't one of these lawyers hire you to be the expert on DIC? If not maybe you should hang up your own shingle. My wife will one day need your help and many others will also. Why should you not get paid something for your knowledge and expertise? You are just light years ahead of most on these issues. Plus, I think widows are so grossly under compensated it is a shame and a scandal. Why is the spouse expected to be able to live on half of what her vet live on?

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John-

I believe everything anyone needs to know about DIC is here in our DIC forum.

I will look over that forum but am pretty sure it is all there.

The VA well compensates me for what they did to my husband John. I just had to fight for anything I got.

I sure dont expect any thing else from anyone.

I dont even care what the Nehmer $$$ result will be on my SMC claim.I just want it to be over so I can take a break.

But you raise such an important issue- most reps who are trained in DIC claims, really don't always have enough knowledge to help with them. My former rep didnt have a clue.

However due to the VCAA- the VCAA notice will tell the widow exactly what she needs as evidence-

I dont know why my VCAA letter was so deficient but the ROs have since gotten better on preparing them properly.

Someone put me on a S--T list long ago at my RO and removed a 6 page highly important Peer Review from my file when I FTCAed them.The RO did all they could to get out of my 1151 claim.Even after I settled with the VA! Figure that one.

When I started dealing with VA employees who could read-Office of General COunsel- things changed.Still that document was never acknowledged at all by the VA or the OGC and I was even told this important piece of evidence didn't even exist.

I now have the document.It only took 9 years to get it.

I just read it-this AM -as it was sent to the Nehmer people and I checked the evidence list I sent them.

VA will do all they can to avoid an admission of death by VA. The document (from VA to VA RC)reveals that there was evidence of IHD in my husband's medical records for 6 years yet the VA chose not to diagnose or treat him , even with multiple opportunities to do so. I think they have to make a staged 6 year rating on that and include proper rating on his ischemic 100% CVA due to the IHD.

The VA Central report of malpractice I got right away after the settlement under FOIA.

This document however refines the IHD issue as to when they should have diagnosed my husband and began treatment and enhances the VACO report as to how they caused his death.

The more persistent we are in seeking evidence, the easier it becomes to take that evidence and bite them in the ass with it.

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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