Berta Posted April 3, 2015 Share Posted April 3, 2015 Per call from Director I just got ,granted but "no additional accrued"......maybe they are right on that.maybe No decision yet. 1151 HBP AT 10% Aug 1992 to Oct 1994 granted due to medication error I was not sure if they would pay additional accrued on this claim when I filed it. But I knew it had to be awarded. She mentioned the CUEs I filed on the decision right away a few weeks ago. They all garnered the award, and in any other case, would have garnered some money. Their failure to consider BOD in the face of well established medical evidence,did mean they had to award. CUE on CVA ,100% P & T about 16 more months accrued not granted.....yet,,,,they are questioning the 100% P & T status of the CVA my husband had. My evidence was solid on that...... I reminded them of my NOD filed on this specific issue already (forget when) and reminded that I need a decision on the NOD and request for NOD extension....... I intend to go all the way to CAVC on that one...... This is good ......at first the director thought I would accept the denial they sent me that went to VACO...on the CVA CUE claim. And not do anymore with the claim.......say what????. But she remembered that I had already filed a timely NOD. NO WAY JOSE do I accept that bogus decision So they are still stuck with handling the NOD and preparing a formal Statement of the Case. As Carlie said.....it sure seems like it never ends........ Odd how I didnt hear from VACO guy at all......I will send him an email. Actually I am pretty happy to know that CUE has worked again.!!!!!! And not sure why they say they cant pay me the accrued on it.??? free_spirit_etc, Buck52, SergeantQ and 1 other 4 GRADUATE ! Nov 2nd 2007 American Military University ! When thousands of Americans faced annihilation in the 1800s Chief Osceola's response to his people, the Seminoles, was simply "They(the US Army)have guns, but so do we." Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we. Link to comment Share on other sites More sharing options...
free_spirit_etc Posted April 3, 2015 Share Posted April 3, 2015 Whomever thought they were going to push you to the side that easy was mistaken. :) Think Outside the Box! Link to comment Share on other sites More sharing options...
Berta Posted April 3, 2015 Author Share Posted April 3, 2015 (edited) You bet. the 1151 HBP was only a 10% award anyhow...if no accrued so be it, as I did get accrued on the last 100% 1151 CUE claim. But something really stinks...I just emailed the guy at VACO for copies of all of his input into both of the claims he was to review. One was to extend the 100% 1151 CVA award to the 16 or more months they did not pay, yet I was definitely eligible for accrued on that claim. Definitely.. They made 4 CUEs in that decision too. That was the most important issue I had and now I dont even think it went to VA Central. I won something big, for all claimants....and will push this issue : I was able to prove ,via the 1151 HBP issue, that we still DO GET bogus opinions that,. as the director said violated 38 CFR 4.6 completely and now I await a email or call from the guy at VACO because I want to see the actual copy of the 'medical review', and the name and credentials of the 'opiner' because I still think he is the guy who refills their paper cups at their water dispenser in my VARO. I am being facetious ,of course, but my point is I am sick and tired of getting crap medical opinions that they probably just make up .I had to fight over MANY of them the past 20 years and what is more important is that veterans and widows are still getting this crap as well. So they granted the 1151 CUE because the opinion was absolutely ridiculous in every 'medical' statement they said. Great but what about this same type of opinion being prepared day after day by Ro people who might well be medical professionals, but opinions that simply are not medically accurate or appropriate at all.,just to deny the claims. And worse yet, these 'medical people who do these C & Ps and such, ALSO, I assume, diagnose and treat veterans ,as well, and that causes me to wonder how many of them malpractice with vets the same way , they killed my husband. The opinion I got for the HBP claim stated in the denial ,is current and proof positive to add to my stack of this past crapola, in many denials I got, that we are dealing with quacks at the C & P level and probably , as likely as not, in the medical care they provide, and I intend to push this issue with anyone ,in DC, who will listen. Ha Ha, wait until I email the OGC again....I knew they could not go against the VACO med opinion that I had for the HBP but just the fact that they tried to has given me a new Battle......and I will relish that fight!..... Edited April 3, 2015 by Berta GRADUATE ! Nov 2nd 2007 American Military University ! When thousands of Americans faced annihilation in the 1800s Chief Osceola's response to his people, the Seminoles, was simply "They(the US Army)have guns, but so do we." Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we. Link to comment Share on other sites More sharing options...
Moderator broncovet Posted April 3, 2015 Moderator Share Posted April 3, 2015 Congratulations, Berta! You have helped so many, its your turn. Link to comment Share on other sites More sharing options...
Berta Posted April 3, 2015 Author Share Posted April 3, 2015 (edited) Broncovet, thanks but I really haven't helped anyone, if they got a crappy medical opinion like I got.... unless they follow my advise and shell out an IMO fee. It was almost as bad as the one I got that said my husband probably died from cocaine! he didnt drink or do drugs and his autopsy had a complete drug profile in it (only VA meds in his system) because he was an organ donor and I guess organ donors need to be free of street drugs. I found out that the doctor had been pressured as to what he should write in the C & P and of course, they never gave him the Tox and autopsy report at all. 1996. I fixed them.via the FTCA award. I have no other advise to vets and their survivors , who get bogus C & Ps, except to try and knock down the C & P word by word with evidence that shows they are medically wrong.and they might get lucky and not need an IMO. But the point is WHY do we have to put up with this SHIT in the first place? I cant wait to hear back from VACO and then I will inform Ms. Hickey of the results of her help. And what I will do next. What bothers me the most is that I think, as nice and sweet as she is, the Director was trying to get me to believe that my other claim was over. They don't even want to address the NOD.on that one. I am sitting on a TDIU claim from 1993 signed by my husband ,that is in my C file, and they never adjudicated it at all. That might resolve this issue on the other claim. In any event I am making a delicious Easter Meal, my company will be here tomorrow and also I had a Passover meal last night.And my house is nice and clean...almost no snow left. and I look forward to the wonderful church services this weekend. Nothing like this gets me down anymore...... It gives me more ways to fight back, for others as well as myself. And due to TOMAH VA ,I sure have a good leg to stand on, making some waves on this HBP matter, a medication error that contributed to my husband's death. I will be contacting the H VAC AGAIN. Because I wont allow ,if I can help it, the Tomah survivors to get ridiculous "medical reviews' like I got a few weeks ago, that is proven again,by the award that is in the mail to me, to be blatant and callous disregard for human life, the essence of VA malpractice.and sometimes the result of what you all served for. Death by VA. Tomah might well reveal that the malpracticing doctors and nurses there should all be on Death Row. They will probably just be moved to other VAMCs however, like the ones who killed my husband.... Edited April 3, 2015 by Berta GRADUATE ! Nov 2nd 2007 American Military University ! When thousands of Americans faced annihilation in the 1800s Chief Osceola's response to his people, the Seminoles, was simply "They(the US Army)have guns, but so do we." Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we. Link to comment Share on other sites More sharing options...
jefmil50 Posted April 3, 2015 Share Posted April 3, 2015 Yes congratulations Berta, and your advise has probably helped many including myself. I still have a lot of reading to do on here. I hope you have a wonderful Easter. USMC 79-85 100% P&T SMC R1 70% loss of use of right arm due to multiple sclerosis 100% suprapubic cystostomy due to multiple sclerosis 100% loss of use of both lower extremities due to multiple sclerosis 30% left upper extremity weakness 30% insomnia with hypersomnolence 10% neurogenic bowel Link to comment Share on other sites More sharing options...
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