Could we please get help on my husband's decision in my husbands C-file?

[Vet Dog and wife]

 

found some more interesting documents in my husband's C-File. we are also ordering more recent medical files so I am going to reorganize his documents, add the new ones, and repost them later.

Thank you again,

This site is amazing in how you help so many in need.

 

 

 

 

Edited May 8, 2018 by Vet Dog and wife
Add our appreciation for the help

[Vet Dog and wife]

42 minutes ago, Berta said:

Is your husband part of the VA Foreign Medical Program? No

https://www.va.gov/COMMUNITYCARE/programs/veterans/fmp/index.asp

You can contact the VARO that sent you the C file to see if there are any VSOs there that can help you file a new claim. We will call today

You can contact the VARO via IRIS- at the Contact us button here:

https://www.va.gov/

Or you can contact the American Legion's main office in DC to find a vet rep who can help, since they helped get the 1999 award.

I believe the SMC CUE is in the 4th page of their 11-08-99 decision when they failed to establish SMC eligibility.

I feel you need to file a SMC claim now, and the vet rep might well suggest filing a new claim for PTSD also.

Since your husband has a PTSD diagnosis already, you might need an IMO/IME doctor's opinion- that an separate  the totality of his PTSD from the extensive brain trauma. Would DR Bash qualify for that? he is calling us today

There certainly coruld be a CUE in the 9304 diagnostic code they used as well.

I can write the SMC CUE claim but will post it here when you have attained a vet rep or VSO.

Any VSO or vet rep from Vet org ,with the veteran's POA, will have more acess to more info then we have here.

The FMP (Foreign Medical Program) might well know of a State Department represenative who could represent your husband.Also I assume his medical care is through the FMF now.

I would want the VSO or vet rep to support  and file the SMC CUE ,under their POA.

They will have access to much more info than we have here.

You dont have to use the AL, there are plenty of vet orgs listed here:

https://www.va.gov/vso/VSO-Directory.pdf

Actually I believe a VSO will see the SMC CUE right away -based on the dcs you have posted here-and might just want to prepare it themselves.

Thank you very much Berta

 

 

 

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[Berta]

"Would DR Bash qualify for that? he is calling us today"

Dr Bash might recomend a psychologist for that- possibly Dr. Valette-for a new PTSD claim- however he sure might be able to help with an SMC claim and might see the same CUE I saw in the older decision.

I think the brain trauma can be separated from the PTSD-as they did in my husband's case....and rated separately. Both were at 100% P & T.

Please  feel free to tell  Dr Bashof my [ast post here:

"This is how CUE claims can succeed…..if  the VA awards SMC S , due to the new claim, they will award back to the date of the new claim.

Then- if the medical records reveal that when they considered SMC but said he did not meet the criteria ,in the November 1999 decision,

that would raise to the level of a valid cue under 38 CFR 4.6, -if the VA had in their possession those records that should have warranted a grant of SC or A & A in 1999.

__________in the Psyche consultation ,dated 8-20-1999 it says he had to give up his drivers license, due to his “neurological impairment”. Everything in that report ,to ,me. should have warranted SMC HB.

I cant tell where the report came from. If this is not listed on the decision that said he was not eligible for SMC ( they stated that differently but same thing), then this would warrant a CUE under 38 USC 5107a, and is a violation of 38 CFR 4.6. It seems to have come from . licensed psychologist in Watsonville, CA.

That in addition to the need for a fiduciary is evidence they might never have considered when they denied SMC.

Also in another report it states he was unable to drive  and had some accidents- all due to the  brain trauma."

It also appeared he had additional potential SC claims that were not pursued.

They might have listed the 8-20-99 report as evidence in the 1999 decision- but if it was in the C file, they were obviously aware of it, and it presents a catastrophically disabled veteran....who in my opinion should have received SMC Housebound since 1999.

(violation of 38 CFR 4.6)

 

[Vet Dog and wife]

3 hours ago, Berta said:

I will tell DR Bash. also, the Watsonville report was not listed in the decision for some reason but is in his C-tile

 

 

19

 

Edited May 7, 2018 by Vet Dog and wife
spelling

[Berta]

Yes, they had that 8-20-1999 report when they made the Nov 1999 decision.

That is definitely a CUE under 38 CFR 4.6:

"§ 4.6 Evaluation of evidence.

The element of the weight to be accorded the character of the veteran's service is but one factor entering into the considerations of the rating boards in arriving at determinations of the evaluation of disability. Every element in any way affecting the probative value to be assigned to the evidence in each individual claim must be thoroughly and conscientiously studied by each member of the rating board in the light of the established policies of the Department of Veterans Affairs to the end that decisions will be equitable and just as contemplated by the requirements of the law."

https://www.law.cornell.edu/cfr/text/38/4.6

My VARO completely ignored 2 IMOs I had from Dr. Bash, One was even presented to a DRO by my former vet rep in person ( so he said). It never got ito the record.I could have used the above reg to file a CUE but didn't, I wanted it to go to the BVA because  (1)  they were stalling on 2 CUE claims I had filed, and (2) my VCAA letter was not legally compliant with what widows/widowers of veteran should receive. ( VCAA letters regarding Hupp deision)No one on my POA would help me get it corrected at the RO level. I asked BVA to remand on that basis and they remanded for one more VA opinion  instead. When the remand came back they had agreed my VCAA letter was illegal but the damage was mitigated by my evidence and they awarded. 

I mention this because when I contacted Dr Bash, I sent him all the evidence he needed, to include all SOC, SSOCs, C & Ps, the prior FTCA case and 1151 award,  etc etc.

I tabbed each piece of evidence and  prepared  a timeline that I also enclosed with the  evidence, referring to specific documents as to what tab they were. Such as Exhibit A,B, C etc.

As I mentioned this was for an AO presumptive. My husband was a VA patient and had never been diagnosed or treated for this disability....it was a lot of work on my part to even  file that type of claim. I had to carefully word it because I already received DIC under wrongful death....and I had problems with the RO to even re-open the death claim. But in any event they awarded death due to AO DMII contributing.... as a direct SC death-

Dr Bash was on vacation when he did the first opinion and it didn't take long.

Since then I have talked with him many times on our radio shows. He is very user friendly!

 

 

 

 

Edited May 7, 2018 by Berta

[Vet Dog and wife]

Hi Berta, we talked to DR Bash last night for a few minutes. He was very nice and sounded helpful, but we did not understand exactly what he was saying. I am very hearing impaired and the connection wasn't that good. I emailed him what you said, and he said he agreed. we think he said he may contact you. he said he would help, no problem. we also sent him my husband's c-file

after our conversation he sent two emails concerning what you said:

Abc cue is great way to go !  

New psych guy Dr Dennis is better 

Thanks again

[Berta]

Great- I dont know who Dr Dennis is but I sure value Dr. Bash's opinion of him.

Send him copies of all medical records, as well.

Dr Bash will give everything a Compete review, unlike the way VA skims over stuff.

"Abc cue is great way to go !"

I think you mean SMC CUE.    Dr. Bash has changed lives of  many veterans and their dependents with his expertise.