Today Was The Day

[Berta]

Yeah...VA isnt allowed to play Lets Make a deal....however....was the BVA case solely for the same reason they awarded you?

In other words was the remand solely for "appeal for tbi and my claim for finger(s)"

Do you have any breakdown at all of the pending award?

I dont trust your VSO....he gave you the wrong advise in April here.....but maybe I misunderstood him.

I had a vet rep long ago and when I succeeded at the VARO level (DIC under 1151) he asked me to drop my I-9 appeal and I did because they gave me what I wanted.

On the other hand , the week after that I got the decision in the mail, and we discussed it in person and I questioned it, saying I thought I should file a NOD.

He also agreed it seemed odd ,as tothe point I raised, but he said No, dont file an NOD, this is 1151 and these claims are different.from regular claims No need for an NOD.Then he said he never recalled seeing an 1151 award before.

I knew the award was coming because I won the FTCA case. So I dropped my DAV POA and gave the claim and POA to this rep. The award was in the bag. He didnt have to lift a finger to help with it.

But I was as dumb as he was in those days.

I had to CUE that decision. and won the CUE 14 years after the original decision.

It was my SMC CUE claim in the CUE forum here. A 5 figure award. They still owe me some cash on that but say they lost the claim after it went to a 'specialist' at the Buffalo RO.

I think the specialist is their name for their MF

(MF- Mysterious force who removes , hides, or loses my good stuff all the time)

I raised Hell with IG,OGC, VA Central etc etc........they WILL find the claims now,I am sure.(they lost both of them and are working on a claim I never filed and have been awarded already under 3 separate theories of entitlement.)

Sorry I keep rattling this recent FUBAR off here......if any of you were here over the past 16 years you know this has happened to me again and again.......

That is one reason why I went to a war school in 2003.(AMU)

Edited May 20, 2014 by Berta

[TNengland]

You are a force to be reckoned with Berta ! You offer a safe harbor for many lost vessels and your insight or priceless. Thank you.

The appeal was for increase in PTSD , TBI , and IU. My claim for fingers is a separate issue. This is what the RO decided with my remanded appeal 70% ptsd , 50% TBI, 10% tinnitus, and IU

granted P&T. My rep returned my phone call yesterday morning and said he would ask as to why the notification stage was dragging on. He called a few hours later and said the RO wanted me

to cancel my appeal for TBI and to cancel my claim for finger(s) and that I should send in a letter asap. Rest assured I mailed that letter overnight and they got it this morning. I assume since I

have been awarded IU P&T that the TBI appeal didn't need to carry on, along with my claim. Easy way to get rid of an aging appeal and a new claim. I just checked Ebenefits and my letters have

all been updated saying 100 P&T along with the commissary letter and application for the identification cards. Maybe soon I will get a BBE and hopefully not long after that, a small reward for my

patience.

Edited May 20, 2014 by TNengland

[63SIERRA]

You are a force to be reckoned with Berta ! You offer a safe harbor for many lost vessels and your insight or priceless. Thank you.

The appeal was for increase in PTSD , TBI , and IU. My claim for fingers is a separate issue. This is what the RO decided with my remanded appeal 70% ptsd , 50% TBI, 10% tinnitus, and IU

granted P&T. My rep returned my phone call yesterday morning and said he would ask as to why the notification stage was dragging on. He called a few hours later and said the RO wanted me

to cancel my appeal for TBI and to cancel my claim for finger(s) and that I should send in a letter asap. Rest assured I mailed that letter overnight and they got it this morning. I assume since I

have been awarded IU P&T that the TBI appeal didn't need to carry on, along with my claim. Easy way to get rid of an aging appeal and a new claim. I just checked Ebenefits and my letters have

all been updated saying 100 P&T along with the commissary letter and application for the identification cards. Maybe soon I will get a BBE and hopefully not long after that, a small reward for my

patience.

You see how they use these service orgs to do thier dirty work for them? Its the perfect arrangement because the RO is not in direct contact with you, they cant be pinned down on the illegal bartering because they are playing the third party game. They are using your service officer to see if you will go for it. Thats why I dont trust any of them.

This might be fun, ... ask your service officer to have the RO put thier " deal" in writing, so you can feel more secure abt it. If they are stupid enough to do it, call CNN. And make an ass of them.

[63SIERRA]

"My rep returned my phone call yesterday morning and said he would ask as to why the notification stage was dragging on. He called a few hours later and said the RO wanted me

to cancel my appeal for TBI and to cancel my claim for finger(s) and that I should send in a letter asap. Rest assured I mailed that letter overnight and they got it this morning. I assume since I

have been awarded IU P&T that the TBI appeal didn't need to carry on, along with my claim. Easy way to get rid of an aging appeal and a new claim. I just checked Ebenefits and my letters have"

Heres the problem though. P&T isnt really Permanent. They can reduce you until you hit the 20 year mark. So what happens when in 3 to 5 years, the revaluate your case, get some NP to say your cured of your PTSD, or that little pill they are working on at MIT that cures ptsd goes mainline?

Thats why im not giving up on any of the claims I think they will start chipping away at claims, in any way they can in the future to save money. I hope it works out for you, and I know u must be weary , but stay vigilant.

[ArNG11]

I must agree with 63Sierra. This "deal" can come bite you in the rear later. I would ask for those specifics in writing and/or ask for a clause for no more future exams.