WH Vets Complaint Hot Line -request

[Berta]

Is anyone here interested in supporting this part of my recent letter to Sec Shulkin/ copy to President Trump?

This is just one excerpt. There were other areas of deficiency I wrote about.

Would you add a brief reply to this thread is you have had the same problem Sue Edel had. I post this today in a reply to her but I would like some support on the board here, from anyone else who has had this problem and how long it took them to finally read your evidence and award the claim.

Also how many here are planning on, or already did, calling the White House hot line for vets. 855-948-2311

My letter focused on 3 issues.....1. the established fact that ROs do not always read our most probative evidence, and how that causes the backlog to grow.

2. Sensitive info on VA malpractice issues, not appropriate to put here ,  and the third issue directly involved a VARO director who does not know how to read the regulations.

The  C & P problem is next for me....the main reason, if you do get a rater who can read your evidence, is what causes most denials,  inadequate or incompetent C & P exams...

Can you reply here ASAP? They are going over my recent conversation and the letter I sent to them....and I will hear back soon  from the Sec's office or the White House.....

 

"I also am the surviving spouse of Rodney F. Simmons, Vietnam (USMC), who is dead due to VA health care ( FTCA/Section 1151 award- proof available if requested.) Subsequently ,I also proved that VA malpracticed on two Agent Orange conditions as well, that were found to contribute to his untimely death.

              Claimants have the ability to file a CUE claim ( CUE- clear and unmistakable error- 38 USC 5109) on any unappealed decision that they feel was wrong due to one or more specific  legal errors the VA made in that decision  that prevented them from attaining a proper monetary service connected award.

              Just about every decision I received as a widow from the Buffalo VARO was wrong and often  only when I filed a CUE claim.

But I also have had success in filing this type of claim within the appellate period, under the auspices of 39 USC 5109, most recent in March 2015 when I received a denial ,that upon receipt of my CUE, was reversed about 4 weeks later in April 2015. I have been successful with this tactic before and find that 2 vet reps have also used it because they must have read my explanation on the large web site for veterans that I have been a volunteer at, for 20 years.

              I suggest that a Fast Letter be prepared to go to all VA Regional Offices and all Veterans Service Organizations, stating that:

  Upon receipt of any Regional Office decision that contains a valid and legal CUE either due to a violation of the VCAA ( 5103 Waiver) ,thus due process violation, that caused a CUE to occur in the decision, or due to the wrong diagnostic code on the rating sheet or due to any failure to consider probative evidence the claimant has supplied to them, or any other legal error that was detrimental to the claimant, the claimant and/or their POA representative  should  file a CUE claim immediately, asking the VA to correct the error.

The Claim must conform to CUE criteria as to identifying the exact legal error and how that error is detrimental to the veteran."

 

 

Edited June 13, 2017 by Berta

[Buck52]

Ms berta

Are you 100% sure this budget cut proposal to IU Veterans age 62 is over?

I can't find anything where the proposal has been Abolished? 

Maybe put up on  shelf some place for a future  ''AMBUSH ''

  It's  just that the New VA Secretary has said he  would not do anything to hurt veterans...but of all things he basically has to do what the POTUS Wants or step down from his Job.

By the way this New Administration is doing  I do believe we have a Firm POTUS on the decision's he has been making.

The W.H. is in a mess its self.

jmo

[broncovet]

Buck:

   Im gonna help Berta out here, and supply a link for you in regard to the IU fiasco being DOA:

http://www.militarytimes.com/articles/shulkin-backs-off-individual-unemployability-trump-budget

    If Berta says its kaboshed, then its kaboshed.  If she is not sure, she will say that, too.  I try to do the same.  If I offer "my opinion" I try to so state.  But, if Im pretty certain, then I often supply a link, but not always do I have the time to put up a link.    Still, if Im just guessing, or giving it an educated guess, then I say that also.  

    I would bet my check on what Berta says..and do.  I have never lost a dime following her advice.  She is the best thing to ever happen to hadit, and I take the stuff she says to the bank.  Berta is like the "Veterans Benefit Manual" of hadit.  The VBM is so credible, written by attorney's and supported by case law, that The VA attorneys use it also.  In a similar way, so is Berta's advice.  I only wish I could offer advice to HER "STandard of Excellence".  

    This does not mean I agree with everything she says, it means I respect everything she says.  No 2 people are going to agree 100 percent on everything.   I dont even agree with my brother all the time, and he is more like me than anyone else.  

Edited June 22, 2017 by broncovet

[Tbird]

A link to any news story being referred to is always very much appreciated. Not everyone is great at searching, so a link provides the ability for the member to read it for themselves, check the source and do further research if necessary or wanted. It saves me time if I want to read the story being referred to. It has nothing to do with the members credibility it's just a good practice when possible to do it.

[Berta]

Broncovet. that was Very kind...but I sure don't know everything about VAOLA- no one does..

And I never guess on a regulation, I find it and post it here if needed to support my opinion on  and many claims issues.And thank you for posting that DIC info rundown the other day.

Some DIC claims go smoothly and others are a battle.

They become difficult when a grieving spouse gets overwhelmed by the DIC claims process.

Just like vets, first time as claimants. and if you don't have PTSD from service, the VA will sure give it to you if you (meaning all vets and spouses) let them get you down.

Speaking of the Federal Register...I am thinking of Buck;s great post on the rule making procedure....  it would be great if anyone here has the time to create a google alert for any new proposed rules re: VA in the Fed Register. I used to do it, but do not have the time...anymore.....

Thank you again but don't forget Broncovet-I sure  learn a lot here too because every claim is often very unique...and every poster helps others 

 

[Buck52]

 Hey Bronco,

I don't have a problem with Ms berta credibility? Never have!!

No opinions offered here  or within my post?? or anything about the CFR Regulations &  Ms berta always covers those Always.

I know every claim has its battle and I for sure would want Ms Berta the General leading the way.

As Ms T bird stated above its always good to post the link about the information in question.. b/c I've never seen what it or if this is confirm about the proposal to cut IU Veterans over 62  This is why I ask this question and making sure with Ms Berta

I never said I don't believe her???or her opinions or anything really?

I was not judging anyone here  especially Ms berta experience/expertice  , I simply ask her if she was 100% sure if this IU Budget proposal was Gone and the President took it away (OFF THE TABLE SO TO SPEAK) and presented a new different proposal.

As the link you put up  I am sorry but I still could not find where they abolished this IU budget cut to IU Veterans over 62?

The new VA Secretary  did mention this,
“The budget is a process, and it became clear this (plan) would hurt some veterans,” he said. “I’m really concerned about that … I’m not going to support policies that hurt veterans.”

I've read about that As matter of fact I got it from Ms Berta.

Ms berta is the best member & veteran adjudicator Hadit has ,  I was not taking anything away from her or say I didn't believe her?

  Until you posted what you did your trying to make me a bad guy here and I assure you I am no bad guy. I never meant anything bad with Ms berta?

 never never ever.

 and I don't actually see anything wrong or being  disrespectful about asking her if she is 100% sure ???

So what street corner you been standing on  or is that the turnip truck  eh!

  I can spread the word to other veterans that ask me about this Issue.

 I was at the VAMC today and I mention MS berta about what she said that this  was ziliched and gone  ....> to other veterans.

I totally respect  her on here probably more than anybody...so you don't need to preach to me about Ms Berta  Credibility/opinions and things of this nature.

I know that and countless other veterans know that.

 but what I ask as nothing to do with claims or anything like that  this is simply a matter of what the POTUS Has proposed budget cuts  with IU Veterans over 62.

 IMHO  Ms berta is a Veterans Dream for helping them with their claims and also their spouse with DIC when the need arises.  or anything VA Related . As well as a whole bunch of other things to numerous to mention. 

Ms berta help me with my claim way back in 2000  Her and Flip H  (aka Phillip Rogers) and it change me and my spouses life for ever and there's not enough Thank you's from me/us to Her.

I will Always be for ever Grateful to Ms Berta  not only me but for the thousands and thousands of the many fortunate & lucky Veterans that she has helped over these past 20 plus years.

Edited June 22, 2017 by Buck52

[Buck52]

I will say I am re leaved  to know from a Reliable Source  this proposal will be withdrawn and a new prevision Added to help settle this IU proposal budget Cut to IU P&T Veterans around August of this year.

My Reliable Source will remain In Confidentially In Respect to this Person.