Got My Ao Decision Today And Filed

[Berta]

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?

[71M10]

When we see things like this it really makes you think no hope exists.

With as many times as Berta has; proved them wrong; demonstrated their incompetence; and exposed the cynicism and malice at Buffalo VARO. You would think their best and brightest would be assigned to get her claims done and out of the system, because at some point you would think managment would realize the written record that is being established at BVA and CAVC in continually litigating her claims is only providing ammunition for others to prove their claims and bring to light their dispicable practices.

The treatment your husband received was criminal and how they have continually denied and delayed admission and compensation for the wrongs they propagated is a continuing indictment on the character of the Veterans Administration.

Berta, thank you for not giving up!

I really do not know you or your husband personally, but I can only imagine the help you have provided to many here on the board, brings him a peace that he could not achieve in this world.

The very best of regards,

[Berta]

Thank you all for your support.

I have taken action already on this! Good thing I went to a Military University.

I have applied my tactical warfare training to dealing with the VA.

I am using what I call the GAIW method.

This decision holds shades of what my 2008 H VAC testimony was about:

http://democrats.veterans.house.gov/hearings/Testimony.aspx?TID=53155&Newsid=340&Name=%20Berta%20M.%20Simmons

Although that claim mentioned in this testimony was awarded by the BVA in March 2009, I had to fight with the RO,the RC, and then the OGC to get my cash.which took almost a year.Because none of them could read the regulation that refunded my FTCA offset-until the OGC told them what it said.

I have documented evidence from the Phila VSCM herself dated Nov 2010 that proves they had my CUE claim and my formal AO IHD as well as my C file since November 2010.( The Auhust 2010 AO IHD claim had been lost by the Buffalo VARO -good thing I checked on it)

I also have a three page letter to her with 41 enclosures to make SURE they had not only these claims but also some of the critical evidence needed to award.

I laid the claims out like they were ten years old, making it as easy as I could for them to understand.

I have a call in to the Nehmer Phila VSCM already, and expect to hear back from NVLSP soon.too

I want them to CUE this decision.It has absolutely Nothing to do with my actual claims.

The GAIW method means "getting asses in wringers". Basically that is how I won all of my past claims.( of course the evidence was solid too)

My H VAC testimony would have been prepared differently but the H VAC called me at the last minute asking if that letter to the Secretary could be submitted to the committee.

When NBC called me to appear on their show on Sheddergate, after this hearing, there was no time for me to get to Rochester TV studio.Maybe this time it will be different.

My next H VAC testimony will be fun to prepare and I am going to sit back and wait for the VA to insure it will be far worse than the 2008 stuff.

It will include some dirty underwear (documented) the VA has and doesn't want the public to know about.The OGC gets nervous whenever I bring it up to them.

Unless they CUE this decision and do it right.

[Guest terrysturgis]

I,m thinking the VA is trying to get Berta to go away. They apparently don't know her like we do. Terry

[COOL BREEZE]

Hopefully this works out for you as the same as my CUE claim, I wish you a very successful conclusion to this terrible ordeal.

Everything has to be spelled out so even a 5th grader can read and understand what they are looking at. God knows what level education these raters have. You would think they would have a major in English with a masters Degree in Education or Business Law.

[tanker2]

chin up...you got a little straightenen out to do now with them folks. deep breaths and a clear mind will do it everytime.

[Pete53]

Berta:

I thought and hoped that they finally would get it right. You are dealing with some really stupid people. Don't give up.

Pete