Denied EED

[Ann Bracey]

VA denied my claim for EED. My grant for SC for cause of death as well as DIC was granted 8 years after husband's death. ( have included this information before). I know the VA Law says with claim reopened the effective date is the date it was reopened. Now I must decide if I should appeal again or file a new claim going back to when my husband first was diagnosed with condition that caused his death. I feel like because he was Veteran served on Koret Air Base on perimeter the date should be 2010 which is date VA recognized these Vets were exposed to AO. Appeal or file new claim is my question. Help???

Ann Bracey

[vetquest]

Who have you appealed to, an NOD or the BVA?  Depending on which you appealed to there are different routes to take.

[Berta]

There are 218 results and 9 pages of links here to Ann Bracey's past questions.

Many suggested she obtain a lawyer but, as you can tell from my many  replies to her- I think back to January-

that there is no way I could foresee gaining a better EED, even with a lawyer -And I do not believe she tried to get a lawyer.

Hopefully she will post her BVA denial again here.

Accrued benefits for survivors rest on evidence in VA's possession at time of the veteran's death.

Perhaps this is about a more recent denial from the VARO. 

If you search her posts you will see why the BVA denial was correct. I asked if she appealed in time to the CAVC but never received any answer.

 

 

 

[Buck52]

Welcome Back Ms berta    we all have missed you!!!

 

[Buck52]

I gave up on  this she seems not to take your advise or anyone else, if these people don't take your advise Ms Berta   thats on them  I know you have tried and tried to help this lady  and why she don't do as you said and other members  is beyond me.

she has got excellent advise from you and other members here. but yet she keeps coming back and seems to ask the same old questions?

I am deeply sorry for this lady and what happen.I sincerely hope and pray she gets these issues taken care of soon.

[Berta]

I have a problem with the statement Tbird posted after the last broohaha-

It is a put down to the many members here who have represented themselves with the VA.

She stated at the top of the site: In part-

“We are just as lucky that you the regular veteran volunteer your time. However, when I'm reading opinions, folks who practice at the VA level tend to have my confidence over those that have not. “

If we all did have ample VSO or lawyers representing us why would we even need this site?

That suggests that, in spite of the many experts here (who might only have expertise in their specific field of disability-or type of claim they filed,  but that expertise alone is highly valuable) TBird's confidence is only in those who practice at the VA level ( which many of us have done) over those who you think “have not”.

I have only seen one lawyer at this site over the past months, one agent, and I believe we do have one VSO.

If we all could obtain ample representation from lawyers and/or Vet reps who know what they are doing, we would not need hadit.

Dont forget- 20 lawyers told me I did not have a chance under FTCA for wrongful death-they were all wrong.

I represented myself before the OGC and won.

Also I sued a DAV vet and also filed a 43 page complaint with the OGC over a state veterans organization.

The results of above mean they cannot treat survivors like crap anymore. The state director was replaced very fast, one rep quit, and one was severely demoted to a position whereby he could not handle claims anymore.

After dumping those reps, I had to still fight back, by representing myself before the VA,but so far I have not lost any of my claims to include CUE claims. And we have CUE winners here so  feel advice from anyone specifically who lost their CUE, and who also represents veterans, is not a good source of CUE  info.

MANY here go it alone....we have "practiced at the VA level" and many  do well, in most cases, and members can be confident in their knowledge.

 

 

 

 

 

 

Edited September 7, 2019 by Berta

[Tbird]

On 9/7/2019 at 6:03 AM, Berta said:

I have a problem with the statement Tbird posted after the last broohaha-

It is a put down to the many members here who have represented themselves with the VA.

She stated at the top of the site: In part-

“We are just as lucky that you the regular veteran volunteer your time. However, when I'm reading opinions, folks who practice at the VA level tend to have my confidence over those that have not. “

If we all did have ample VSO or lawyers representing us why would we even need this site?

That suggests that, in spite of the many experts here (who might only have expertise in their specific field of disability-or type of claim they filed,  but that expertise alone is highly valuable) TBird's confidence is only in those who practice at the VA level ( which many of us have done) over those who you think “have not”.

I have only seen one lawyer at this site over the past months, one agent, and I believe we do have one VSO.

If we all could obtain ample representation from lawyers and/or Vet reps who know what they are doing, we would not need hadit.

Dont forget- 20 lawyers told me I did not have a chance under FTCA for wrongful death-they were all wrong.

I represented myself before the OGC and won.

Also I sued a DAV vet and also filed a 43 page complaint with the OGC over a state veterans organization.

The results of above mean they cannot treat survivors like crap anymore. The state director was replaced very fast, one rep quit, and one was severely demoted to a position whereby he could not handle claims anymore.

After dumping those reps, I had to still fight back, by representing myself before the VA,but so far I have not lost any of my claims to include CUE claims. And we have CUE winners here so  feel advice from anyone specifically who lost their CUE, and who also represents veterans, is not a good source of CUE  info.

MANY here go it alone....we have "practiced at the VA level" and many  do well, in most cases, and members can be confident in their knowledge.

 

 

 

 

 

 

no insult was meant, it is because of you and advocates and veterans like you that make the site so successful, i meant in terms of law it seems that lawyers, and agents have access to the most current information and the experience practicing in front of the VA. I see why you would find what I said insulting and in reading it over it was phrased in a way that seemed to hold yours and others expertise in low regard and that is not the case at all. Again my apologies.