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.

[georgiapapa]

Berta,

As much as you have helped other veterans and their families, I would love for you to be able to post a message saying that all of your pending issues with the VA have been resolved in your favor.

Good luck.

Georgiapapa.

[Berta]

That day will come georgiapapa.

I haven't lost a personal claim yet, in the past 20 years.....but they have all been battles.

I believe that when VA is aware of a large FTCA settlement award ( as in my case for wrongful death) maybe they think any other issues are not deserving of proper compensation.

My C file , as I stated to Ms. Hichey, reveals that most of my issues at my RO were only resolved with input from the RC, or the OGC, one by the BVA (who took note of all the evidence they had ignored and the deficient VCAA letter, and 2 of my claims were resolved very fast

at a different VARO under Nehmer.

Obviously my RO has a problem with me, twice they have received orders from both Regional Counsel and also Genera COunsel to pay me what my evidence showed they owed me...and one time they forgot 40 thousand bucks in one of the payments.

The fact is however, malpractice can have a snow ball affect, in my husband;s situation it involved not only 1151 NSC issues but undiagnosed and untreated Agent Orange disabilities.

It all stemmed from an ER emergency, and nothing was followed through on.

He was treated as a VA employee, and not as a disabled veteran. That too was the problem.

I found and old M21 dated 1988 in a law library for VA doctors ,who it stated should get any employee with an illness ,injury,emergency, etc etc back on the job in 3 days.

That is why they never told my husband his EKG was completely abnormal when he collapsed on the VA job.

[saxman]

Stay on top of this TiredVeteran because it is way too important. God Bless!

[Berta]

VA called back, I can expect a call today from the man who is working on my claims, who had called yesterday when I was gone.

The director told me that based on my last emails to Ms. Hickey, the claims are staying at my AOJ RO.

They actually are working on 2 separate issues. The CUE claim and a separate 1151 claim I filed in 2012 that they had lost for many months.

The 1151 claim might somehow have been absorbed into the original 1998 1151 decision I got ,therefore no award, if it is a moot issue and I can accept that,

(if they give me a full legal and medical rationale.)

Sometimes we have to file claims like the 1151 claim I filed ,that we are not really 100% sure of, to draw out the VA.

And there are no claims similar to mine at BVA or the CAVC.

My CUE is a winner. Even if I have to fight to the death over it.

Thanks for the support!

Edited February 19, 2015 by Berta

[Berta]

Got another call, from VA, my claims were read and they have all of my evidence, and I was told this will now go fast.

I was also told this was a legitimate issue I had, because my NOD for the CUE claim award was filed over 2 years ago and I have never received any correspondence whatsoever from the VA on either claim.

I might have to sign something in the mail as to verifying they have all of my evidence, but did verify that by phone too, and I didnt ask the man what "fast" meant but I actually spoke to someone who was familiar with my claims and my evidence.

38 CFR 4.6 is one heck of a powerful regulation.

[TiredVeteran]

Update. Yesterday, a man called from Nashville VARO. He asked that I copy and send in any evidence supporting Jimmy's condition from 2003 on. I had already done so, but he asked for it again as they have went paperless and this time it will be scanned in by another place. What they want is proof of the devastating impact of the spinal cord injuries. VARO gave the date for compensation as just after BVA ruled in Jimmy's favor.

Berta, there was no tort settlement or anything.

The only proof I have is what the private doctors wrote and of course, their language is not that of a C@P. The VA first had a PA do a C@P and it was so terrible, the local doctors wrote scathing letters about the lies. The VA denied the spinal cord injury existed for a LONG time, thus their medical records are not accurate.

The VA then said they could not do a C@P due to *conflict of interest*.

I wonder if it would help to get a copy of when the VAMC wanted to put Jimmy in a nursing home? His other doctors have either retired or passed away, so can't contact them. I will just send in the same paperwork?

ANY advise appreciated!!!!!!!!! Also, I have only a few days to get this done. IF the VA's had just been truthful, this would not be an issue.