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?

[ks1k]

Berta,

I have watched your trials and tribulations with the VA for years now. I wish you the best.

Your determination make me continue with my battles with the VA bureaucrats.

Best wishes.

Dave sends

[Computer Tech]

Berta;

Your determination to continue despite all the VA has done to discourage you has inspired many vets to keep up the fight.

You are in our thoughts and prayers.

Rick

[Berta]

Thank you- I got a call last night from someone who read my initial post here and misunderstood it so best that I clarify-

The VA did Not deny any of my 3 pending Agent Orange claims under the Nehmer Court Order.They have not adjudicated those claims under Nehmer at all yet.

They denied a claim I didn't even file.For a benefit I already get.

When I learned in Nov 2010 that the VA had already "lost" my original Aug 10,2010 claim I filed and that Buffalo didn't put me on the Nehmer list (for NVLSP)

I raised hell and then they suddenly "found" the Aug 2010 claim.

Ms Kostic herself (their VSCM) verified that they did have it (documented in emails)and the SMC CUE under Nehmer was verified at Phila. as well in email.

But then I sent Ms.Kostic a letter with a copy of the entire original AO IHD claim along with the evidence I had attached to it because I wanted to be 100% sure they had it.

My past 12 years of the last 17, as a claimant, regarding these lengthy claims processes, in great part were due to VA saying they lost this or that and even said a one point a critical Peer Review for my FTCA and 1151 case did not even exist.

I have the report they denied existence of and found everything they 'lost' in my C file in 2003 and used it as evidence for my last award -since that statement they made.

I hope I didnt mislead anyone here the way I explained what happened.

I am still good to the git go on my AO IHD claims.

Of course I have charged them with destruction of these claims and my entire C file, until they CUE this erroneous decision.

Because from the wording of the decision I just got

it does appear ,and any reasonable mind could assume,

that Shreddergate # 2 is alive and well.

[Harv]

Berta,

I misunderstood the first post myself, but you have cleared that up. I wish you

the best of luck on your current AO claims. You have been one of the reasons I have

won my claims, without hassle, just good luck I'm guessing. And I thank you for your

time and effort that you put into Hadit to help all of us newbies to the VA Claim system.

[Berta]

Someone at VBA in VA Central Office already has my Dec. 5th complaint and is looking into it.

This was not the IRIS complaint I filed (which takes days for them to document and then pass on to the specific VARO it involves)no reply on that yet

because I went through a different channel at the VA as well as IRIS.

An Iris Service complaint, if it is legitimate, can get very fast results- as I know from a past experience I had in 2005.

But an IRIS service complaint is only one avenue of approach when the VA screws up big time.

I am leaving absolutely no stone unturned on this one.

I believe other widows under Nehmer might have gotten erroneous Nehmer awards too.Widows are often not as active a part of the veterans community as veterans are and could easily get an erroneous decision as I got and then never even question it if they do not know the regulations that are specific to their claims.

If they have a vet rep, the rep might not even know how to handle a blatantly erroneous decision.

My former rep didnt even now what the Nehmer decision was - in 2003.

There was a vet's story last year in a local NY newspaper.

I called the reporter right away,then I called the vet's POA, and then I called VA Central and raised Hell.

Then I found out a few other NY advocates saw the story and did the same thing.

Pressure on VA on some situations works wonders.

The VA immediately restored within DAYS -a SC rating they had taken away from the veterans many years ago and awarded him 100% P & T.

I bring this up because when I talked to the veteran's POA rep ,(and he could not violate the vet's privacy rights beyond what the news story stated and I had not contacted the vet yet) we ended up in a long discussion of VA OLA. He told me two widows the same week came to him with their Nehmer letters.

He said neither one understood what it was all about.

It shows that widows are often out of the loop on VA issues, particularly if VA denied their DIC claim in the past and they could not succeed on appeal. Most widows at that point might simply walk away and have no reason to even access any internet info or internet vets sites to seek anything such as the new AO regs, that would cause them to find out they might now be eligible for DIC or even SMC accrued under Nehmer.

The VA was supposed to contact all of us potential Nehmer widows and all Nehmer vets but I sure dont believe they did.

They also were to give NVLSP a list of who we were. I wasn't on the list and am sure many others weren't.

I am aggressively fighting back on my latest issue with the VA because Beverly Nehmer fought back.

The VA is not going to pull this crap on other Nehmer widows but I dont know yet how to find out if they already did.

As I told the VA already, if they don't fix this error, I will contact the media. Maybe that contact would draw out others who got an absurd decision under Nehmer too.

My actual AO claims are solid. I am not worried about them when I get a proper readjudicate under Nehmer. ( that is, if the rater can read)

I have charged the VA however with destruction of those claims and my entire C file- as this latest decision strongly suggests,- under the Evidence Section.

Veterans- your spouse upon you death might have no problems whatsoever with the VA for DIC purposes.

They certainly do not treat all widows this way.

Then again it is hard to determine who they will try to screw when the time comes.

Make sure your spouses have access to hadit and our significant info on DIC here. They might well need it when you die.

Edited December 8, 2011 by Berta

[iceturkee]

it becomes more and more obvious the va would like all of us to go away so they can screw with younger veterans who haven't learned yet. i have also learned that as a retired reporter (who still has a few friends in the biz), i have a feather in my cap most veterans do not have. for that alone, i am more than grateful.

my heart aches for those who give up. my heart applauds people like berta who refuses to roll over and play dead.