Can You Spot The Problem

[toddt]

Have attached my decision letter, there is a problem with it. What should I do, file a NOD?

Decision.pdf

[Berta]

Todd I mentioned filing an IRIS complaint,as a possible resolve to your situation.
and I forgot,although I took other steps to get my pending claim resolved, that I also had this option as well...

Yesterday I filed an IRIS complaint under the same basis as your CUE is in..

In getting my files together for my evidence for my writ, I read over my Dec 2011 AO IHD decision.

Although the VA knew my husband was an AO Vietnam vet, and had IHD (presumptive) they denied with no R & B , saying the veteran had no evidence of IHD in his SMRs.

Of course I went ballaistic for a few minutes...the Marines in Vietnam 65-66 , were still mostly teenagers, accepted into service with a clean bill of health.After one year in the Corps, his unit (plattoon) was told they were all going to Vietnam.

None of them had ever heard of Vietnam.


And I sure bet very few, if any ,servicepeople sent to Vietnam, had any evidence at all of IHD in there SMRs during the Vietnam war period.

I filed a scathing IRIS complaint.Someone from VACO called me up to discuss the problem.

In January 2012,mere weeks later, they reversed,and awarded the IHD and also awarded the CUE I am still fighting for additional accrued on.

Thank you Todd, because in replying to you I realised the M21-1MR R & B issue was something I had not raised in my pending CUE.

38 CFR 4.6 is so strong I didnt think I needed to and used a different M21 print out as to how they are supposed to apply this evidentary regulation, the most imporatnt one we have, in that regard.

"in fact she told me that the C&P exam showed as having been canceled." That is very concerning but she probably couldnt read....

Do you use ebenefits? If so wouldnt that have info on that C & P?

Pete 992 said:
"It's just wrong to make a veteran wait so long for a decision and then get something like this. VA should be ashamed of themselves."

The VA knows young disabled vets are dealing with problems finding work ( due to the same stigma of Vietnam)
and senior vets are aging and dealing with disabilities that could cause their deaths, ..
.I consider the lack of proper adjudication to be not only shameful, as well as illegal based on all established VA case law ,
but I feel it borders on criminal intent..

The man who called me from Buffalo In February , read off the basic stuff of my evidence to me...I asked him to do that, so that I knew he wasnt lying about what they had.
He said he was taking this to the "right" person, as an immediate decision could be prepared on both claims pending and asked that I respond right away with the 5103 waiver, on which I stated the substance of our phone call and then I listed again the evidence they had.

It appears to me that his initials appeared on the HBP 1151 denial ( that too was part of the evidence and 5103 waiver.)
He had verified to me in February that he had the medical evidence from VACO for that claim.

They reserved that denial immediately but this is what I think happened.....he seemed to sound as though my evidence was probative.
He certainly indicated they would read it right away.

I think he or someone was ordered NOT to read the evidence. They might have prepared the denial prior to even getting the 5103, or prior to his call.

This is not the same VA of 2012 when my IRIS complaint was handled right away.

Someone must be ordering raters to screw up and deny....I have seen many many faulty decisions here for the past 17 years but they are definitely taking a turn for the worse.

And the conversations I had with the director of my VARO were pathetic....she doesn't have a clue on the regulations. Maybe she did years ago before she became the director but their claims error rate per IG was over 40% at one point...and the IG only looked at 100 claims or less.

Edited June 3, 2015 by Berta

[toddt]

Berta, my brother in law was a marine in 65-66 and was shot in the head and other places in January 66 Vietnam. We, my wife and I, built an apartment above our garage so that we could help him out. He is 100% plus and legally blind.

I was Navy Vietnam 68. I was 29 years old at the time and know what you mean about how young the marines were. I witnessed the 17, 18 and 19 year olds going through hell and after several months looking like they had aged 20 years.

I have AO IHD (presumptive) applied in March 2013 and was granted 10% in September 2013 and Nehmered to March 2012. Also, have other conditions which are service related. One being cancer that the VA will not link to AO even though the Navy doctor that did the surgery wrote a letter stating that he believed it was caused by exposure to AO. Not going to fight it since I am being compensated for the residuals.

I do have ebenefits and myhealthvet, neither one of them have info on the C&P. In fact the ROI office at the VAMC in Ann Arbor shows the C&P exam as being canceled even though I was there and saw the doctor they even printed out a sheet showing that the C&P had been canceled by the clinic. Further more, the ROI office is unable to get any information regarding the C&P.

I value your expertise and wish you the best of luck for your CUE.

Edited June 3, 2015 by toddt

[Berta]

The same luck to you Todd......I met my husband when I was a vet center volunteer, 1983.

He was told by the Newark VA to go there ,the day they diagnosed him with PTSD.He didnt have a clue what it was and thought he was just crazy and hoped no one would find out.

But he found out real fast that the flashbacks and night fears were 'normal.' when anyone experiences something as supernatural and abnormal as warfare can be.

I have never met any PTSD vet yet , who was "crazy." Of Course they all called 6p here at Bath VA the nut house and called the 21 day in house program, the Funny Farm., by 'they' that is the ones who said they were "certified" nuts by the VA.

I sure miss 6P. )Psyche ward) I visited many friends there over the years. BTW ,my husband;s hair started to turn white not long after he left the service.

Innocent kids taught to kill..........who wouldn't have PTSD?

,

THANK YOU for helping your brother in law. Lots of shit came down on them 65-66 in I Corps.My husband was 1st Amphibious Tractor Battalion, and Admiral Zumwait turned 3rd MARDIV into Ist MARDIV, when we got into Vietnam.(Ops Starlight and Rolling Thunder.

Edited June 3, 2015 by Berta

[Gastone]

What Berta Said! The complete picture is easier to deal with. Really a pain having to try and check a Vet's prior post in order to get a grip on their situation.

It appears that your were going for a Rating Increase, with a FDC that got Denied. I'm interested in what YOU think are the reasons for the Denial. Did this Dr's Medical opinion, just come out of the woodwork? What New & Material Medical Evidence did you have to support the claim for an Increase? Were you basing your claim on your personal feelings or on actual Medical documentation of a worsening SC condition? What did you know that the rater didn't seem to have in your FDC?

Semper Fi

Gastone

[Buck52]

Ms Berta

I was reading some of the MR-21 PART III Chapter 6 Sec C

No 9. Decisions.

I am not to familiar with your claim that your having problems with and you was denied? & you Appealed

I am not sure what the VA wants you to present to them? are they are not allowing your evidence? and improperly using the M21- Provisions? within your case?

This may not have anything to help with your claim '' you mention that in 1997 you had to prove your hubby was SC 100%P&T

Could you use this to help you with your claim? or it maybe Irrelevant? but to prove a point!, that point would be they are not applying the M-21 -1MR correctly to your case?

I was reading the M-21prevision ... I can't quote the prevision Exactly or the DC's ... I think it was under the ''What the guidelines for listing the Decisions Are'' or it could have been in the Evidence Sec...I can't remember? and I know I am mixed up so don't take what I mention here as to be 99% accurate..k

Anyway

Some where in the M-21 I Did read in M-21 1MR Under part III iv Chapter 6 Sec C UNDER 11 (a)

That may or may not apply to your case?

In the M-21 previsions It won't let me copy & paste...it turns black when I try to?

I am sure you can beat them using there own Regs because evidently there not applying them to be fully correct for you to help adjudicated with your claim process.

So I am thinking they want to play hard ball with there own regs, you just have to shoot the 8 ball in the right pocket using there own table & there own Balls so to speak eh!

I will go research the M21-1MR Part III Chapter 6 Sec C. Regs about the decision based on the evidence & hopefully learn something eh!

Btw you happen have the DC's list with you do you? (Diagnostic Codes)

Thanks

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

Edited June 4, 2015 by Buck52

[Fat]

Hmmnn................ So confused.

No stated reasons for denying the claim.

A possible CUE...........

Good informative post.........................

I agree this is blatantly wrong.

"Screw up and deny". I agree with Berta 100%.