Missed A Call From Buffalo Ny Vamc , Im In Texas

[georgiapapa]

63SIERRA,

This might be where the call came from.

Cananadaigua VAMC

585-394-2000

1-800-204-9917

GP

[georgiapapa]

63SIERRA,

Correction on spelling: Canandaigua

Sorry.

GP

[Berta]

Markay2K asked

"Is this email to the Buffalo director still current? >>> donna.mallia@va.gov"

yes, that is the email I have been using for Donna Mallia.for the past 2 months.

The last time I used it was in March ,and she called me since then,so I assume it is still working.

When they reserved a denial I got in early March, she called me, and said my emails to her and to Ms. Hickey were used as evidence to reverse the denial.

But she said my other claim, which was denied, was "over".

I said No it isn't. And then proceeded to explain to her that I has filed a timely NOD (which she then remembered)

They made 4 CUEs in the first denial and 4 CUEs in the second denial.I found one of them the last time she called me,much to her dismay.

You have to explain to these people exactly what they did wrong.

And doing it by email is far better than talking to them on the phone.

I regret that you are dealing with Buffalo.

I have been a claimant there for over 20 years, when my husband died with 2 claims pending.

The only one that seemed to go smoothly was my Certificate under DEA.

They denied every other claim right off the bat without considering my evidence.

But finally had to award those claims.

Be wary if they open a "new' claim for you.......they did this to me and I contacted the IG.because it was a 'new' DIC claim and I have recived DIC under 3 separate theories for 20 years.

It is a scam ,in some cases, at some ROs, to appear to be 'working' on bogus 'new' claims so they don't have to work on the older ones..

[Buck52]

Berta,

if a veteran is talking to the VA on the phone and they say something that you know is not true can the veteran say no that's not correct and dispute whats in question? without getting hung up on or would it piss them off and they really make it hard on the veteran? just curious?

[Berta]

In the past 2 months I have been in another VA war game and I have had no problems telling the director of my RO exactly what legal errors they committed in 2 denials I received. (4 CUEs in each denial)

They reversed both denials that occurred in March into award letters but don't want to pay me my accrued benefits on one of them.

I dont give a hoot in hell if they don't like it.

Then again the VA has never hung up on me.

But the only reason the director has called me is due to my email to MS. Hickey.

In another situation however, a VA VSO called me to confirm my CUE evidence last month..

He said he had sent me a 5103 but I never received it so he sent one again.

We went over by phone every piece of my evidence., which he confirmed they had ( I asked him to read something from each piece of evidence so he couldn't BS me on what they had and he did.b, C & P exam, former VA sec letter, SSDI., etc etc.

As soon as I got the 5103 I signed it ,stating on it again, a list of, and description of the 13 pieces of legal evidence they had for 2 1/2 years but did not consider in the initial denial,copied it and mailed it to them with proof of mailing.

He had assured me that this evidence would be considered right away and the CUE claim would go fast.

He lied. None of it was considered at all and the VA phone number he called me from does not accept calls so I couldnt give him hell and I told Ms. Hickey about this instead.

You might remember that I FTCAed the VA for the wrongful death of my husband in 1994, without a IMo doc and without a lawyer and I won.

I dealt directly with the Regional and general counsel and did not take any crap from them because the medical evidence spoke for itself and I had to speak for the dead-for my husband.

VA has made ,since then, every single claim I have had ,as hard on me as it can be....and ..I think that is because of the FTCA situation.and that 1151 is wrotten all over my C file (per someone who saw it at my RO)

But Evidence always prevails....we just have to try to live long enough to get what they owe us.

Time is our enemy.

What pisses me off the most is that ,when my husband died, people came out of the woodwork to see what they could get from me. I had to sue a neighbor for trespass as he told me he was going to take a 6 acres piece of land ,separate from my farm, I have under adverse possession.

He also told me he had no intention of paying me for some angus beef I raised and sold to him, saying you are alone, so you cant do anything about this.I sued him and won and good thing. The neighbor who had land bordering on the other side of this lot had started cutting into my land as well. He came over and apologized for that when I heard I sued the other neighbor.

Vets, make sure your spouses realize that widows are often viewed as targets by sometimes the most unexpected people you know.

and the VA views them as potential victims as well.....

because if they dont have a handle on VA 101, they might be victimized by that lack of knowledge.

I still can hardly believe the original Nehmer IHD AO decision I got and raised a ruckus and their denial turned into a fast award...but I wonder how many AO widows this was pulled on and who didnt know they could really fight back. I bet there are more widows then we know who were illegally denied under the 2010 AO regs.

Make sure your spouses are up to speed on using your PCs and have the hadit password in your file with all of your important VA paperwork, in the event of your death..

In my opinion, the internet and particularly hadit , will be crucial to them if you die.

They will find out that good VSOs are few and far between and that most Vet reps and VSOs dont have a clue on DIC or on Accured benefits.

Edited April 21, 2015 by Berta

[Buck52]

Well said Ms Berta

...............Buck