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1151 Hbp Award Letter

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Berta

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Yesterday I received my 1151 HBP award letter

I might have mentioned the RO call I got on this last week but I never pay too much attention to RO phone calls.

I LOLed at this: :

"Dear Mrs. Simmons,

We received a request to reopen a previous claim on March 27th 2015."

That was the bogus denial letter I got in late March and I raised Hell right away.

"What we decided:

"Hypertension for accrued benefits purposes granted 10% EED Aug 9, 1992."

They actually read my evidence this time.

They state that no additional accrued is due to me.....

That would only be true if they fail to properly 'reopen' the other March 27 2015 bogus denial of my CUE claim.

In that claim (a CUE awarded in 2012), they paid only 6 months of 1151 accrued. They owed from Aug 1992 to Oct 1994,100% under 1151 , plus 2 dependents, plus SMC, but aid only for 6 months.

I know my husband would be proud of me for trying to finally get this all properly rectified.

He made me promise to do that if they killed him.20 years ago ...and 4 hours later he suddenly dropped dead..

I have had many award letters over the past 20 years (all after a battle) but I DONT really win anything. My husband does.

I am just his voice from the grave.

And hopefully his victories will help other vets who VA has committed malpractice on.

Free_spirit has been the voice for her deceased husband.too

A different situation then mine but nevertheless,

it is evidence and perseverance that awards claims.

1151 HBP due to lack of proper dosage of lisinopril compounded by 6 years of Sudafed, presxcribed 4 times a day for a condition (still rated at 10% maybe I should file a claim on that He He)

for a suinus condition he didnt even have,

as one of multiple " deviations" in VA's lingo , in a standard of care ,

that caused his death.

I say the worse CUE claim is the one that is never filed.

That goes for 1151 claims too. (And FTCA claims in some circumstances)

We cant just get denials and spin on our thumbs over them.....VA does enough of that as it is. to generate these bogus denials.

Edited by Berta
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This award is not the main claim I am still fighting over.

This claim was filed after I filed CUE on the Nehmer award letter.

I immediately emailed Ms Hickey again Monday I think it was, for a reopen of their other illegal decision rendered on the same day this one was.

I was told by my RO dorector that both of these claims wwent to VACO. With the VACO contact person, I quickly found his email and he responded to me right away as he was gping to be on leave for a few days.

I think (because VACO people can read) the award letter was generated by the emails I sent him along with the actual medical evidence and that point I raised that,since when does someone at a RO try to go against a prior VACO favorable opinion..?

I emailed the RC and the GC too on that.....they cant.

Plus they did not even mention how they denied under Relative Equipoise.

I filed 4 CUEs on both denials with the Director.

This award granted all of the 4 CUES on this denial.

I am more concerned about the pending CUE claim now, because I dont think that was even sent to VACO. The Director of my VARO tried to tell me last week by phone that claim was 'over' and their initial denial stood on that..

I took immediate steps to get that one rectified too. my email to MS Hickey went to other VACO personnel as well as to my VARO.

These are the war games the VAROs force us to play. Because they are either illiterate or unwilling to properly consider our evidence.

At least now, the upper echelons are finding out what we go through.

I have cited 38 CFR 4.6 violation many times lately, that was partial reason I got this award.

..

Edited by Berta
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  • HadIt.com Elder

Congratulations Ms Berta

Always happy to hear an Award Letter arrived! :smile:

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

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