Contacted Mr. Mcdonald And The Undersecretary......fast Answer

[TiredVeteran]

Last week, we contact Mr. Robert McDonald and the Undersecretary. The Underdecretary promptly emailed back. On Friday. The email from her meant the world to Jimmy!!!!! And I thank her from the bottom of my heart.

A decision was made on SATURDAY. With a 18 page or so denial. Haven't got it yet in the mail and really do not know if I can read it.

His Vet Rep is preparing an appeal that she feels strongly will be granted.

At this point in his life, it really concerns me that keeping on with this might be detrimental to him.

The people who have knowingly wronged him will stand before God one day. The ones who have been there and helped will as well.

To all you Veterans and their wives/families...........may your path be blessed.

[Pete53]

Don't give up. A denial is just a step closer to the finish.

[SeattleShay]

I gave up and lost 5 years of working on my claim. I'll never get those back or the money that I might have gotten.

Don't ever give up !!!

[TiredVeteran]

Thank all of you for the replies. I shared each one with Jimmy. I did email both Mr. McDonald and Allyson Hickey. An unsigned denial came in the mail the day I posted. Basically, they denied payment from the date June 2003 his spinal cord was mangled at the VA by a cocaine addicted nuerosurgeon. What they owe is the extra

money for the level of assistance he required from that catastrophic injury. Since the VAMC's lied, all the medical records that were truthful came from private practice doctors. BVA approved the medical malpractice claim and a cp exam was done afterwards. Although his was service connected disabled at the time of the malpractice, he did not require the extreme level of care until the malpractice. Four year later, he had agent orange cancer and removal of his vocal chords was the only option, due to radiation being to risky due to the spasms and his body being too weak for chemo.

63Sierra, I amen your comments! Pete, I would have liked yours but not like button shows up.

God bless all of you.

[Berta]

"Basically, they denied payment from the date June 2003 his spinal cord was mangled at the VA by a cocaine addicted nuerosurgeon. What they owe is the extra

money for the level of assistance he required from that catastrophic injury."

I went back to your older posts.

"His claim is 11 years old. The BVA found it to be malpractice. He has a R rating."

Did the BVA determine the EED in their decision or did the VARO do that?

"The VARO is refusing to pay his retro, he only had a few months backpay."

I have a similar pending claim on SMC retro.VA me owes 16 more months 100% P & T plus SMC, and additional for 2 dependents,under Section 1151 which grew out of a CUE I filed on a 1998 decision.



"My source says the Nashville VARO has a policy in place to do this to patient who are victims of medical malpractice. He is likely not going to live long enough to go through another BVA appeal. "

I dont think any RO has a "policy" like that but I sure know personally that they make things tough when they see 1151 written all over a C file.

(a former vet rep I had told me he saw my C file with 1151 all over it. I dont care what the heck they write on it.)

One of the malpracticing VAMCs however gave me Great medical care a few years ago during an emergency.. I dont know if that had anythin to do with the 1151 issues I had or not...and I dont think it really did.After I 1151ed and FTCAed this VAMC, things began to change for the better there.

But If they still owe, they must pay.

Can you possibly scan and attach here the decision (cover C fie number ,name and address)

We need to see their Reason and Basis.

They refused to pay me some 1151 FTCA offset , a high five figure award, some years ago and I got the General Counsel to take care of that.because they refused to acknowledge my evidence, which was a past BVA decision I received and then the FTCA offset regs from both 38 CFR and M21-1MR.

General Counsel immediately ordered them to pay me.

Was this also a FTCA settlement matter?Could it be the offset situation ,if so?




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[Berta]

I finally emailed Ms Hickey.

I really did not feel I should have to but I want her assurance that VA Buffalo will finally adhere to 38 CFR 4,6 during the adjudication of my pending claim (NOD filed over 2 years ago and still no correspondence at all from VA.)

It regarded a legally erroneous statement in my Nehmer award that was to my monetary detriment.

There was some discussion here sort of about not burdening Ms Hickey or the Sec with far fetched questions.

Certainly if VA needs proof of an inservice nexus, no one can get that proof but the claimant.

I thanked her for helping so many vets already and stated clearly what I expect my claim should award based on the medical and legal info I sent to them.

I briefly listed it all in the email and have no doubt every piece of this evidence could stand alone to prove my claim.

I also made the point that VA does not have any evidence at all to disprove the claim.

They paid me accrued 100% P & T plus SMC for a 1151 stroke my husband had for a 6 months period.

My evidence reveals they owe me 16 more months, 100% P &T under 1151 accrued, plus SMC, plus my daughter needs to be added as dependent as she didnt join the military until 3 years after my husband died.

I think they did add her in on the original award as a dependent.

It bothers me that I had to even bother Ms. Hickey. But she will find some interesting info in my email as to how my RO treats some of their long term claimants.

I gave her the background info but really only want the VA to ,finally, adhere to 38 CFR 4,6 , as, in the email I pointed out their failure to do that put me into one backlog-6 years to award,AO DMII claim, and another backlog 8-9 years to award my past CUE claims, and that Regional counsel as well as the General Counsel had to force them to properly adjudicate some of my past stuff.

Everything is wrong with that picture.

.

[Berta]

About 20 minutes ago Ms. Hickey replied to me via email I was out shoveling snow and just saw her reply.

She is contacting the Director of the Buffalo VARO regarding my pending CUE issue.

My evidence is solid and if they apply basic VA case law (38 CFR 4.6) I will be happy.

38 CFR 4.6 is Not a Duty to assist regulation.