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Got My Ao Decision Today And Filed
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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?
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