Cue-Claim Big Surprise

[RAFA]

I was awarded 100% SC compensation on a re-opened claim (80% and IU P&T) effective date 01/2010.

Previously, on 01/2010 --- I was awarded an additional 30% for anxiety disorder, NOS --- effective date 08/2001 (I had a 30% since 1985 for physical conditions and an Illness adjustment disorder combined with it).

Discontinued working due to my S/C conditions in 1991 and started receiving SSA benefits on 1993 for major depression.

They kept the 30% for anxiety disorder, NOS combined to my physical conditions and didn't pay me.

I appealed this the same day and stated that this needs to be separated according to regulations, they still haven't paid me, I also appealed the effective date for IU.

During the original claim there was a remand by BVA dated 09/30/1997 instructing RO how to proceed.

A Supplemental Statement of the Case was completed by RO on remand orders dated 07/23/99-- this my representative forgot to appeal in time and the only recourse for us was to submit a Motion-for-Reconsideration on 12/20/2000 this was denied by BVA on grounds that it was final.

In the Motion-for-Reconsideration we pointed out all C&P errors and due process of law, in addition to being bias towards me, that (they were judge and executioner) they didn't follow instructions and blindly stood their ground attacking me and RO adjudication went along with it, so did BVA.

I decided not to continue fighting a system that had obsolute power so I felt helpless and hopeless. On 03/08/2007 I submitted a new claim and it was re-opened and like I said on 01/2010---I was awarded 30% for anxiety disorder, NOS---effective date 08/2001 and I haven't been paid for it yet.

On 11/02/2010 I was increased from 30% to 70% for anxiety disorder,NOS along with my physical s/c condition this gave me 80% IU P&T.

On thursday 09/08/2011 my wife and I decided to go follow-up on my appeal on effective-date-of claim for IU, and went to see VFW rep.

On VARO lobby I picked-up the phone and dialed the extension # to VFW reps office, I told VFW rep I was waiting to see him and he quickly told me that I HAD TO WAIT.

VFW rep still Smiling called on me and I told him that I brought my wife so he can meet her, still smiling he greeted her and we went to his office.

I told him that I was there following up on my claim, rep still smiling said he knows everything about my claim and I told him if he have checked into it.

VFW rep Still smiling told me that recently Rating Specialist told him that my claim is being handled as a CUE claim for 100% up to 1997 and was being sent to Washington for further authorization.

Questions:

1). Did my appeal for effective-date-of-claim for IU trigger a complete review of my claims folder?

2). If so did the motion-for-reconsideration I submitted on 12/20/2000 alleging all of errors of due process and case law, but denied by washington because of finality of claim? Was this motion reviewed by RO and RO had duty to assist, that triggered this CUE?

The Illness Adjustment Disorder I had combined to my physical conditions for over 10 yrs was severed by RO alledging Alcohol, I appealed to washington and BVA told RO that they can't do this, cause I had this condition for over 16 years at the time and it was awarded by a different jurisdiction and can't be severed in the absent of fraud, so Washington agreed with me.

At this point RO couldn't use the ALCOHOL issue anymore so they had to seperate the illness adjustment disorder and rated me with Anxiety disorder, NOS.

This condition (Anxiety disorder, NOS) was diagnosed by C&P themselves in 1996, but they always stuck to ALCOHOL as willful misconduct.

This is the same diagnosis that I was awarded 80% IU P&T (100%) effective date 01/2010.

Today, C&P reports state that alcohol use is a non issue that it was secondary to my illness and that the anxiety disorder, NOS---impeded me from working in my profession or any other work (C&P psychiatric report of 02/2010).

I have calculated over $300,000.00 this is a LOT OF MONEY, my rep told me it's a done deal. Is this going the right way?

Sorry, for writing so much, but I am finally excited, until it reaches an end I am not jumping up.

Thanks,

Edited September 11, 2011 by RAFA

[Berta]

I thought the meds might be specifically for one MH diagnosis but it seems they could be for many types of MH issues.

Sorry If I asked this already----

Does VA have copies of ALL of your private treatment records?

I agree with others here that VA cued itself here-I think.

Anxious to see what happens next.

[Berta]

PS-=John made a VERY good point!

I learned a lot from VA errors on my claims and one thing is for sure- if they made one error in any decision for a claim they sure could have made many more errors in subsequent decisions.

The Regional COunsel up here in NY caught a big error they made that I didn't even think about.

When I re opened my claim in 2003, the RO ad to ask him to verify some stuff I stated and he did,and then caught the error.

I found out by getting a large VA check in my mailbox. I called VARO 3 times to see what it was for and they kept saying to wait for the letter.

Finally the letter came. I knew what it was for.

Then one day I calculated the way VA had figured out the retro.

They forgot over 11 thousand bucks and I asked them to correct it.Also they had made an additional math error on my DIC checks and I asked them to correct that. They fixed it all.

In EVERY single denial,SOC or award letter I ever got, there have been errors.

I had to even NOD my last award letter.

As Dr Phil say "past behavior predicts future behavior" and that seems to be VA's mantra for many of us claimants.

Then again there some superb VARO employees who ,if they see a potential VA CUE, will defnitely do something about it.

[RAFA]

How I got to this point it all started in Boot Camp, GreatLakes, ILL. as I am a Puerto Rican, New Yorker - I began having problems with the Hospital Corpsmen (medics in the Navy) for some reason they were trying to abuse me to find out how tough I was, well I gave them resistence, they probably knew that I was a Volunteer for the Draft inductee, I had reported to the induction center and given all exams and told to prepare to go within a month, so I said goodby to my co-workers and went to the NAVY.

As I was living in a time of racial turbulence in America, in Boot Camp the company I was in I was the only Puerto Rican, I resisted this people and reported them to Div. officer and told Div. officer ( I didn't go to the Navy to be abused) somebody was going to get hurt if it continued, and that he would be responsible.

This people left me alone for awhile. One day Looking back we were schedule for Vaccinations and the personnel that were in front of me were administer ONE shot, as I approached them they looked at each other and nodded, and I was given THREE shots, I was ready to calapse but held up due to my youth and strength.

The following day I went to sick-bay and they thought I had a COLD, nevertheless they posted that I had shots yesterday and posted possible VIREMIA on sickbay records SHOTRYX.

I continue on trainning but, severe headaches and paralysis developed within 5 days, finally I ask company comander for permission to go to sick-bay but, he refused, so I had to wait till I had free time.

I asked a guy by the name of BOYKO the son of a Russian immigrant that lived in New Jersey, we became friends and he took me to SICK-BAY.

While in sick-bay waiting to be attended and amongst 15-20 other recruits, I became paralyzed but, could still see thru the side of my eyes.

finally, I made eye contact with a 1st Class Petty Officer Hospital Corpsmen supervisor which quickly pointed towards me and told another Corpsmen to check me out---that's experience at work.

Anyway I was rushed to Isolation and then to the main hospital thats when I went into COMA for three days, when I started opening my eyes I first saw a tall Catholic Chaplain giving me my last rites, he must've been Irish to me, he got up and quickly went to the doctors that in turn they rushed towards me and the only words I remember hearing was "WELCOME BACK".

I crawl thru the floors trying to walk and only communicated with the Nurse through blinking my eyes cause I couldn't talk, this lasted for a month and half.

Other patients gave me encouragement and to not give-up--I am proud of them for that, it helped.

The doctor said that I would never be the same and that a Medical Board decided to retire me, sitting in a wheel chair and lethargic I stood my ground and said no that I will be the same again, the doctor fought right back and told me that I will never be the same and to take it.

Well I didn't take it and today I know that the doctor was right.

I continue in the Navy but continue getting sick this time not knowing why I was getting sick.

I was suffering from trauma/amensia and the records did not follow me to other installations, the doctors didn't know why I was getting sick and neither did I, they file those records at Military Record Keeping Facility and never included a copy in my records to follow me.

Finally, my time came-up and I left the Navy shortly after my last hospitalization, I went to school and started working but continue getting sick.

It wasn't until 1980-1981 when I started coming out of the amnesia that I started remembering some things, so I decided to sent for Military Medical Records.

Records confirm all of this, with final diagnosis of "ENCEPHALITIS, VIRAL, MENINGEAL".

I started to remember about the SHOTS and I sent for the Imminuzation records, they sent them to me and it confirmed that the SMALLPOX vaccines were the culprit, in reality the diagnosis should have been Smallpox Post Vaccinal encephalomyelitis that is very similiar to my final diagnosis.

Medical litterature on this qoutes that 50% of people die, 25% stays with neurological, neropsycological, neuropsychiatric sequelae (all of the NUEROS) and the other 25% I don't know what happens to them.

This is when the BATTLE BEGAN with VA.

To close, I say I love my country, I forgive these people wherever they may be and hope that they are responsible people raising families.

Also, we are a nation governed by the people with the people for the people, so the majority of the people are good, there is always a portion that have distorted minds.

Also, there are honorable people that will always do the right thing no matter what, this are the people we hope we meet along our journey with life, thats what's happen with my claim today somebody with a head in their shoulders started to see the whole picture, finally.

Thank you for listening. I am lucky to be alive no matter what.

I won't forget this forum.

Edited September 12, 2011 by RAFA

[RAFA]

Yes, they have everything, my file is HUGE and I think that could be one of the reasons why they make errors cause they can easilly miss things and shady reviews that impedes them in seing the whole picture if they wanted too.

I thought the meds might be specifically for one MH diagnosis but it seems they could be for many types of MH issues.

Sorry If I asked this already----

Does VA have copies of ALL of your private treatment records?

I agree with others here that VA cued itself here-I think.

Anxious to see what happens next.

[Berta]

I too believe MOST people are good people and you had a terrible experience.

Is the 50% regarding this inservice vaccine ?

I think many here have "huge" files and I agree with you they skim through them unless we tell them (and even supply copies to them) of the specific SMRs and subsequent med recs that support our claims.

Yes you could have died. But you lived ! and hopefully they will award the CUE claim!

[RAFA]

I too believe MOST people are good people and you had a terrible experience.

Is the 50% regarding this inservice vaccine ?

I think many here have "huge" files and I agree with you they skim through them unless we tell them (and even supply copies to them) of the specific SMRs and subsequent med recs that support our claims.

Yes you could have died. But you lived ! and hopefully they will award the CUE claim!

NO, the 50% is 30% Gastro problems and 30% anxiety disorder, NOS = 50% VA math, RO finally separated the Anxiety disorder, from the predominent "Illness Adjustment Disorder" combined to my Gastro conditions. They haven't paid me for this yet---efective date 08/2001.

My representative and I decided to claim SMALLPOX VACCINE RESIDUALS, because he told me that everything is connected together.

On my award they decided not to address this issue, but I am pretty sure it shooked them, otherwise they would not have conceded, they told my rep in order to save time, that I drop skin disorders and dementia that I have and is in my records, this is a direct result of the Smallpox Vaccines, so I dropped those issues that I nevered claimed.

I feel that finally they started seeing the whole picture.

Furthermore,on BVA decision of July 12, 2004 Docket# 03-23 253 BVA accepted all of the errors concerning ALCOHOL and didn't address the Illness Adjustment Disorder cause I had it for over 16 yrs.

Ro and BVA knew this rating was protected and still after so many years of me having it, they went ahead and took it away against regulation.

RO said that all of my psychiatric problems were alcohol related.

In 1972 I was never hospitalized for alcohol issues, like RO alleged and I was never diagnosed with schizophrenia by Internal Medicine, MD it was done by my private Psychiatry, I can go on and on with the BS.

Today the key factor that made the diff. is the fact that they couldn't sever the "illness Adjustment Disorder" like they did at the RO level and BVA went along with it (BVA 2000 decision) I couldn't appeal it because time elapsed on me and the only recourse was a "Motion-for-Reconsideration".

If RO hadn't taken away the "Illness Adjustment Disorder" the outcome would have been different and that was a violation of law and fairplay.

I was already receiving SSA benefits for Major Depression and had a C&P diagnosis of Anxiety disorder with depressive features - since 1996.

Today, C&P say's that the alcohol issue was related to my Anxiety disorder with Depressive features and that this always impeded me from working in my profession and or any other substantial gainful employment (02/2010 report).

On 2004 BVA decision BVA wrote (1st page introduction) that if I wanted to challenge the Board's April 2000 decision concerning severing of the "Illness adjustment Disorder" to direct myself to the CUE provisions of 38 C.F.R 20.1400-20.1411(2003).

(BVA cover their tracks accepting garbage from RO)

But, then again it is an administrative system and nobody promised me a perfect system we need to keep challenging them and this is part of the problem why we have a backlog of claims, if they do the right thing straight on we would have a better system.

Edited September 13, 2011 by RAFA