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This Lady Needs Help


jbasser

Question

I totally agree with the fraud statement, I have been married to a Vietnam vet 32 yrs and he was injured loss a testicle and the other orchiopexy his care was watch and see and from 2-7-68 to 3-21-68 they wathched and see if his grapefruit size swollen testicle would return to normal he was initially diag with Epididymitis which many think of a VD the VA does but his was none veneral so when they decided to operate after about 3 weeks his right testicle was dead, necrotic , black, then they diag Torsion as final diag. his diag 1. 6140 epididymitis, acute, right testes , Not PR LOD:Yes diag 2. 6170 Torsion, right testes, old with necrosis of testis , Not PR LOD: Yes and then surgery operation; 1. 571 Orchiectomy, unilateral, general anesthesia 2. Orchiopexy ,left, same anesthesia.form DA 8-275-2 these medical records have been in my husbands possesion since his 1968 discharge. But around 2009 I got records from NPRC and what a shock the VA had altered my husbands medical record in many areas the Not PR was penned out and written above it "Cause underdetermined" and a few other altered codes, I was shocked at the adadicity of our govertmnet but when I wrote our DAV rep in ME and sent him copies of our records and the altered records from NPRC. Nothing was done about it and the DAV seems not to care.NPRC also sent us a file on another veteran? which I wrote in my letter of appeal to VA thru DAV but again nothing said.

My husband has been rated 10% with 30 due to creative organ loss and his checks were always under 200/mo. In 2003 my husband went to VA rep for increase sc and the female rep made him feel inferior,embarressed as she stated " If you do not tell me how you were injured and your hospitalization in 68 I can not help you so if you refuse to answer my questions you can leave" My husband stated "you have the information in front of you on your computer screen" she refused to listen so he said he had to tell her about the embaressing testicle injury loss and the epididymitis but it was nonveneral " He came hoemand yelled at me " I told you I wanted nothing to due with those butchers they do not care about me" That VA rep gave my service connected husband a nonservice pension tax code 3, and the form 20-5455 line 7, anatomical loss ,00 line 8 lose use 00, line 4. entil code 7L line 6. % compensation 060 and line 16. combined disability , 100. aBOUT FEW YEARS later we got a $40,000 debt to VA as we never had to claim taxes on his 10% and I had to write 3 letters to get the debt released as we did not have 2 pennies to rub together, Also when I was appealing his testicle loss that I felt was incorrectly rated as it should of been 30% and we never got dependent extras the VA told us my husband injury was froma undescended testicle because he had a hernia surgery at age 3 or 4 years old, His entrance exam states normal genitalia and there is no medical evidence of undescended testicles so that is why they rated him 10% in 1968. I am gathering evidence to submit because I am upset at the decades of lies, altered decepted records and I was even told by a Congress women VA rep that my husband had "Misconduct" I was so upset that after reviewing all his records there was no evidence of that so I went to this VA Rep office and confronted him with papers in hand that showed no misconduct then this jerk said" I never told you your husband had misconduct? I hear alot about veterans playing games to get benefits and I am a person that does not play games but will persist if someone has been judjed wrongly and with me it is about the principles and the games I see is the GOVT playing games with the our soldiers who fought for our country and this is how they are paid back,, He is 100% now nut I am not happy with the above wrongs done since 1968 and again 2003. I do not believe the Maine DAV cares about my husband's claim or Vietnam era vets . I want to do a CUE claim and do something about that screw up in 2003. Should I get a lawyer? and who would you recommned? and what do you think about my going further as it is about the principles with me. Cathy

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  • HadIt.com Elder

Cathy, you need to call Paul Sullivan Bergmann Moore as soon as possible. He will need everything to advise you so be ready

.

(877) 838-2889

Hang in there.

J

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Jbasser is right. Paul is a superb veterans advocate.It will help if you develop a brief time line.

“In 2003 my husband went to VA rep for increase sc.”

Did this end up as the award of the Pension?

When was that claim decided?

Was a NOD filed? And when >

What is the status of the NOD, if it was filed?

You mentioned a CUE. So I assume that the 2003 decision was not appealed or,if it was, he was denied on appeal and is beyond the appeal period for that.

We have considerable info here on CUE claims. His last decisions will determine any CUE basis.

You will need the entire decision to include the rating sheet.

So I suggest to have those decisions with a brief time line handy when speaking to or emailing any lawyer . I suggest Bergmann & Moore too.

You stated: “He is 100% now “

Do you mean he is 100% SC and now receiving VA compensation or considered totally disabled for VA pension purposes?

You stated:

“which I wrote in my letter of appeal to VA thru DAV but again nothing said.”

It seems this was written in 2009 after the NPRC info came.

Was this a timely formal appeal? And what decision was this filed on?

With a brief time line and the actual decisions, it will help a lawyer review all this.

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I re read all this and noticed your profile to the left----

I assume his rating is still 10 % SC and not 100% SC.

You mentioned additional dependents comp.

Someone will correct me if I am wrong, but I don't think dependency comps kicks in until a vet reaches 30%.

VA claims are not only a legal process, they also can become a major emotional event.

I can appreciate you have both gone through a lot and I do understand fighting over a principle.

Every claim I ever had was based ,at some point, on the principle to make a VA wrong into a VA 'right'.

The only way VA can resolve that scenario is with cash.

This is why I suggested the timeline and that you stick to the actual facts regarding any past decisions when you contact a lawyer.

Believe me, I know how upsetting these events have been to your husband and to you but we have to prepare and focus on our claims without emotion and extemporaneous information, that can possibly be resolved after the claim is in process.

I think any rep or lawyer would ask you this question:

What do you want (or what does the veteran want) here?

Is he in fact still 10% and he wants a higher rating?

Has he re-opened the claim with new and material evidence?

If not does he have new and material evidence to re open the claim with?

"He is 100% now nut" I don't understand what you mean here.

You don't have to answer all these question these questions here.But it would help us understand the situation more.

And I am sure any vet rep or lawyer will be asking these questions too and you can be prepared for the answers.

Edited by Berta (see edit history)
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The 800 # isn't worth what they pay to provide it.

ebenefits still is no where even close to what it is purported to be.

Damned BVA sites been down for weeks

and now 38 CFR is down.

I guess reverting back to preventing knowledge

is the new way, to pump up more appeals : - )

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