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Berta

Question

I recently filed a Reconsideration request on a CUE denial-

The denial was not based on established VA case law-at time of CUE-

and some of the statements were ludicrous in it- they gave me my appellate NOD rights etc---

The denial was on June 30,2006.

The VA keeps telling me I have no claims there at the VARO- they are all at the BVA-the CUES are gone

The BVA just told me they have two claims but not the CUES-

My local vet rep said he cannot do anything to check this CUE matter out-he has no contact with them at the VARO-

He told me this when I got my sameo sameo DRO review-

but his boss stepped in on that at the VARO level-

This is something the local rep should handle- he has consistently been giving me lousy advise-

I complained to his big bosses and it seems they are trying to sort this out- but I am beginning to realize that the problems I am having with my claims all these years might well rest on him.

He even told me that you cannot send more evidence if you ask for DRO review-

I sent him the M21-1 to show him he was wrong and he blamed his boss for telling him to say that-

Am I going nuts? I know for a fact he said he has contacted DROs and the VARO directly for other claimants-

I have told his bosses only a few things that have gone wrong with my claims-that he did or failed to do and should have- should I tell them the whole story?

It isnt nice- he tried to pull something on a colon cancer vet last year-

and I went over his head and got that resolved for this vet immediatly-

I also had to inform him of VA regs many times-other things---

he has a PD vet with no chance for SC at all and he is always trying to help this vet get SC- yet the VA will not SC that diagnosis and the vet has no other diagnosis-

I think he got mad years ago when he asked me to help this vet but my analysis of all that was -the vet has PD, not PTSD or anything they can SC. This vet is a friends of his-

others he asked me to help- he was surprised with what I found in support of their claims-

I am starting to think he has some sort of vandetta against me-

I asked his main bosses if they can switch me to another vet rep at Bath- I have no intention of dropping their POA. The other vet rep is great.

I forget what I was going to ask-----

this local rep has never sent the VA a 4138 or even a 646 in support of my claims.In over three and one half years-

The 646 is what proves their full representation .A 4138 shows their support for the claim.

He doesn't even seem to care I did not receive a VCAA letter and will be remanded-

The BVA person in DC was surprised that I didnt get one-more importantly she was shocked that they never read my IMOS at all-I am already set for a remand-

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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It is horror stories like these that make me extremely hsitant to use a vet rep. Actually, I used one to file my initial claim and spent 15 minutes with him, he took the information from my physical (that i had filled out) and transferred it to another paper. I tried to ask him some questions but was ignored. i tried to point something out to him in the regulation adn was told that "VA knows what they are doing". The short version is, I got most of what I had claimed... without ANY advice from him.

I do realize that there are some excellent vet reps out here, but like I said stories like these scare me. I also know that I can read as well as most folks, and that sites like this offer me the opportunity to get advice from a lot of people who have had similar circumstances. While the good people on this board may not be able to check my paperwork for correctness or give me a heads up on decisions, the experinces I read about our invaluable.

Tim

Vet and proud of it

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sorry for ranting-everybody- looks like I cant delete my prior post--

I am Definitely getting this problem all straightened out-

it might be why I have had so many problems with my claims.

The POA rep at the VARO said he should have been informed of my IMOs by this local rep as soon as he got copies of them -in Nov 2004-

he wasn't and it all took him -the RO level vet rep- by surprise when I raised Hell in 2005.

I am getting another IMO -I wonder how many they can ignore?

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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Guest fla_viking

Dear Berta

You are better off going alone then having a VSO saboatoge your claim. FIre the VSO and let the BVA straiten out the mess.

Terry HIggins

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Guest jstacy

Berta from reading your post I think this vso has a personal issue because you have stepped on his toes and hurt his feelings. He is negative toward you because of this. I would ask the VSO main office to assign a different VSO on your case and also tell them in plain english; If you lose any money from unwarranted advice given by a Veteran Service Rep, You will take them to court and rake them over the coals.

It is tough when you posess a higher skill level than the actual VSO.

Keep the faith, step back and take a deep breath and then tear into the fight again. Keep throwing punches, They will fall down soon enough.

John

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John- thanks- I asked his main boss to switch me to another rep there-who I know is good-

Also- I have to get back to Ron Abrams- NVLSP-

He wanted to hear from me if they denied me- he is not representing me- but due to the Nehmer Stipulation- which NVLSP won- he is the person who advised me of the retro they owe me-

(I had called him up when one of the VBMs indicated that Sec 1151s are separate enough from direct SC that-in my case there was much retro- I only thought there would be more Chap 35 and the REP benefit-

so he said to keep in touch on this as he was interested in my claim because they never had one like it-

he said there was alot of DIC retro- this was news to me and of course my vet rep doesnt have a clue on this-

I have 'known' Ron for many years electronically- and will get in touch with him today-

In going back to 2003 I feel I was sabotaged=

I sued a DAV NSO -for Discrimination- I would not hesitate to sue anyone who causes me damages-

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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  • In Memoriam

[font=Arial] You are better off going alone then having a VSO saboatoge your claim. FIre the VSO and let the BVA straiten out the mess.

Terry -- Not so, according t0 tje statstics that VA keeps, wjich show that vets without service reps fare worse at the VA than those with. Even if you think you know everything about VA law, it's good to have someone to bounce ideas on.

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