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Got My Ao Decision Today And Filed

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Berta

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My decision is all wrong. They made a decision on DIC but I already get DIC.They said they cant pay me retro DIC . DUH. Of course not.I didnt file a AO IHD claim for DIC.

It says they used the veteran's c file to determine he did not have a diagnosis of IHD in his lifetime.

They didnt mention my actual AO IHD claim at all and didnt use any evidence I sent to them (in MY claims file and not in the Veteran's C file)

No mention either of the pending CUE claim I filed in 2004 that was put under Nehmer as well.

The veteran's IHD diagnosis came from me, a lay person and then from the General COunsel and VACO Cardio docs when I won a wrongful death claim. The very fact that Rod was not diagnosed or treated for IHD in his lifetime is one of the reasons (there were many) that I won the wrongful death and 1151 claim.

I laid this out for them, with extensive evidence and yet they failed to even consider what my actual IHD claim was for as well as the fact that when someone is malpracticed on by VA, those disabilities must be rated.

I am absolutely livid and contacted NVLSP as well as the VA -within a service complaint.

I expected the decision to have errors but nothing like this.

I wont be around here much until this gets resolved.

Every single f--king decision I ever got has been wrong.But I overcame ALL of those decision by fighting back with evidence.

If they are WRONG and you know it- you MUST fight back.

I guess I have to do that again. This time however it will be a different tactical maneuver.

I also suggested in my complaint via Iris that I seem to be the victim of a new Shreddergate -

because my actual claims (Aug ,2010 and CUE of 2004 that the VA told me were all in Philadelphia under Nehmer for this readhudication - as well as my extensive C file that holds all the evidence they needed for a proper award -

plus the echibit list and copies I sent to them just to make sure they had it-

none of those claims were ever mentioned in this decision- the decision was based solely on a few records in my husband's old C file from 17 years ago.

The odd thing is this decision opened a big can of worms regarding some FTCA issues the OGC couldn't give me a straight answer on.

That part of my next battle will be fun.

I am sending the Sec a formal complaint by week's end with a question-

If these raters do not have the ability to read -how the heck do they get employed by the VA?

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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  • HadIt.com Elder

Berta

If the VA can screw up your claims then they can screw up anyone's. No one gets punished and the clock of our lives continues to tick.

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  • HadIt.com Elder

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Berta, That totally sux azz!! I would be so ANGRY, really PO''d --and want to kick something (inanimate) !! I'm so sorry you have to deal with these IDIOTS. Where do they find these miserable employee's, they are just impossibly STUPID. In a way, I honestly think your decision is one of the WORST I have read in a long, long time ... Take it up to the Court --have you been there yet? I see this as another perfect opportunity for you to sharpen your pen and sword. You go girl --you will overcome this. Please stay centered and calm for yourself --but give them HELL. We care about you. ~Wings

USAF 1980-1986, 70% SC PTSD, 100% TDIU (P&T)

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  • HadIt.com Elder

Berta, did you expect anything other than that. I dont think they comprehend the issues.

Hang in there and do what you do. You will again be successful.

J

A Veteran is a person who served this country. Treat them with respect.

A Disabled Veteran is a person who served this country and bears the scars of that service regardless of when or where they served.

Treat them with the upmost respect. I do. Rejection is not a sign of failure. Failure is not an option, Medical opinions and evidence wins claims. Trust in others is a virtue but you take the T out of Trust and you are left with Rust so be wise about who you are dealing with.

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Berta,

I just felt ill when I read your post. Unbelievable, but all so true the way the VA delays and denies. I have had to take some time to regroup. Here we are having to fight for what they leave out or deny. I wasn't going to mention this, but the rater who called me a couple of weeks ago had broken English. That has got to be part of their not understanding or comprehending what they might read. Take care and don't overstress. We know you will prevail.

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I think Berta hit it on the head again. It is apparent that they do not "read" .

My last IRIS stated they had to send my file to the VAMC for a medical opinion on if the Diuretic that the VA perscribes me for my Cardiomegaly/Hypertension causes frequent urination?

Yes that is what we are up against folks!

Best regards,

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