Berta This Might Help You

[Dorothy Kansas]

http://www.va.gov/vetapp05/files1/0502948.txt

[Berta]

GREAT WORK DOROTHY!!!!!

Everyone here should read this-

Accrued under SMC---

I used an Office of General Counsel Precedent Opinion as well as VA regs-

They owe me accrued SMC back to 1988 due to the Nehmer Court Order- the veteran was

100% PTSD SC, and well over 100% in SMC-in regular accrued-direct SMC due to AO-

Under Nehmer they owe 100% SMC and 100% PTSD due to Sec 1151-

They also -per NVLSP_ owe my almost 12 years DIC under Direct SC-separate from the 1151 DIC I get now

My claim (I found out from NVLSP) went wayyyyy beyond the REPS benefit I though it would entail-

The RO knows this is a six digit award-in retro- and this is why they are denying me my rights.

My vet rep mentioned the lack of SMC award in 1998 but never advised me to NOD it-

I did not really know what SMC was then.

The award letter clearly shows 100% SC PTSD and then 100% under Section 1151-

The same vet reo who never told me to cue it- I am presurring via his main office- to support my CUE on it-

they are working on this CUE- VARO sent me some really dumb stuff already-on it- and I responded-

but they will get it. The letter I got 2 weeks ago does show for the first time in over 3 1/2 years that someone at this VARO actually read one of my claims.

Established VA case law- and this decision reveals the point of my CUE.

I expect an award.

I already told VARO- you can keep the "S" award -I won't accept that-this vet was probably "M" or "O"- forget and I supported the proper 38 USC 1114 criteria with medical evidence.

Thank you-

As a widow I feel that, even yesterday this happened, that I am treated in a different category than vets are by my POA-this happened to me before with other POA-

I made it clear to former POA's lawyer when I sued him that widows have basically the same rights as vets and we did not write 38 CFR.

They act sometimes like a widow is asking for a hand out when the reality is-

VA gave us claimant rights a long time ago-

and 38 CFR did not leave us out-

Great work! and Great decision for all to see.

Edited August 23, 2006 by Berta