Question??

[Ann Bracey]

The last time I was on this site I left with a very bad feeling ( almost an insult). However I am going to ask this one time in hopes for an answer to my question. I did try contacting Chris Attig as well as other sources and never was able to speak to anyone. If there is a way to speak with someone regarding my issue could someone be so kind as to provide me with it?? I think Miss Berta could answer my question but not sure she would want to. I have called the VA 800 number and they knew nothing about what I was asking. Hope i might get some positive kind response today.

Thanks,

Ann Bracey

[Berta]

Vetquest asked:

" Please let Tbird know what happened, she would be very interested."

 

I believe this is the thread and what I said , that Ann Bracey took issue with:

I believe she meant the claim was denied recently again at the RO level. I don't know.

If so that would be a decision that Asknod would need, if he can represent her-  as well as her past BVA denial, available here.

Perhaps he will see something that all of us have missed.

I still stand by the statement I made on the highlighted message.

I only know of one agent, maybe one VSO, and maybe one lawyer rsg.esq (sp) who are here.

The bulk of our site holds many  hardcore claimants who learned early on that THEY are the best vet rep they will ever have.

Alex and I both want the same thing- that all veterans or their survivors receive a proper adjudication of their claims. We just see things differently- and his input here would be greatly appreciated.

I dont see how he could rep her on the BVA denial, ( No timely CAVC appeal I know of) but maybe on the recent denial- if there was another one, from the RO.......he could......

He might find all of here multiple posts and our responses in her profile page.

 

 

 

 

 

Edited September 26, 2019 by Berta

[paulstrgn]

@Berta Ms. Berta I hope I did not offend you by recommending Alex. I had read her question as not being able to get in touch with Chris Attig. So I was just giving her another option is all.

I highly respect your opinion and advice that you give on this site, to me you are a true gift to the Hadit community.

So if I might have offended you please accept my apologize.

[FormerMember]

Ann tells me her most recent denial is August ?,  2019 for a Motion for Reconsideration. I'm not sure if that is from the BVA or the Regional Office. Based on the new AMA, she has one year to file a) VAF 10082 or b)VAF 20-0995 to preserve her claimed EED of 2010 (or possibly 2000 if I misunderstood the date of death of 2010) for SC for the Parkinson's -like disease and her entitlement to DIC. As of 2/19/2019, unless one foolishly opts to stay in Legacy, there is no VA9-only the 20-0995 as a possible panacea. She did not discuss any NSSC cancer of the lung so I cannot comment on that.

By operation of law, the earliest effective date for a herbicide-related disease is the date of filing-regardless of whether the NIH recognized the disease later in 2010. In Ann's husband's case, his filing prior to the VA recognizing Parkinson's as a presumptive guarantees his earliest date of entitlement as his 2010 filing. The 2018 BVA decision only granted 2012 as the effective date of accrued benefits and DIC-ergo it is in error due to the earlier filing in 2010. For the record, DIC for two years would equal about $36,000. Were it me, I would file for it.

For the record, Ann tells me her husband was a Thailand Vet stationed at Korat RTAFB   and had no service in Vietnam so I do not see where that is germane to the discussion here. 

[Berta]

Not offended at all Buck, I think vetquest recommended Alex too- and maybe others in this long series of posts-beginning in 2018-

Alex, the BVA decision- I found that myself ,based on the limited info she gave us-and she never confirmed or denied it was hers but it seems to be, in every sense-

https://www.va.gov/vetapp18/files4/1820956.txt

You said: 

"Ann tells me her most recent denial is August ?,  2019 for a Motion for Reconsideration. I'm not sure if that is from the BVA or the Regional Office. Based on the new AMA, she has one year to file a) VAF 10082 or b)VAF 20-0995 to preserve her claimed EED of 2010 (or possibly 2000 if I misunderstood the date of death of 2010) for SC for the Parkinson's -like disease and her entitlement to DIC. 

The Parkinson's  claim is completely new to me. I dont recall her ever mentioning that here.

VA might consider Parkinsonian like symptoms as a potential new AO presumptive, ( a big might)but only Parkinson's( full blown) is an AO presumptive.

I thought she meant she received a recent   VARO denial of a reconsideration of the EED, for the DIC, which was denied by the BVA already. 

I went back to her Question?? post....and I posted this:

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

I do not recall anything about a 'Parkinsonian- like' disability claim mentioned here before by Ann.... we have never received any attachments of a redacted decision from the RO, and the BVA link is a WAG from me-but I would bet $$$ on it, that it is her BVA decision, and I cannot see any possible error in what they decided.

You might see something so many of us missed but it is a lot to review here.

https://www.publichealth.va.gov/exposures/agentorange/conditions/parkinsonsdisease.asp

CCK law firm explains what I mean as to Parkinsons-like   symptoms.

https://cck-law.com/blog/agent-orange-and-parkinsons-like-symptoms/

I wonder if the veteran's medical records hold enough info for a diagnosis of full blown Parkinson's.

This is the first time I have heard that Ann's husband might have had Parkinsons.

Thank you very much, Alex,  for responding to her and to us here.

edited to add-not offended at all Paul.(I thought Buck wrote that)

Alex and I want the same thing for all of you vets and survivors- proper equitable decisions. He got more info from her about the recent denial than any of us did!

 

 

Edited September 26, 2019 by Berta

[Berta]

I did a search of the site and Parkinsons or Parkinson =like symptoms were never mentioned here by Ann.

You have received new and possibly very relevant info from her Alex.

That's great- I hope she will send you the recent decision (which I believe is a VARO decision) because we have never seen it here.

[Berta]

One last point:

Ann never confirmed or denied that this was her BVA decision- if it wasn't she should have told us right away and given us a link to her decision. She did realize we accepted  the same story as to the autopsy-that is in the decision....that is she never corrected me on what it said.

"Based on the autopsy report, in October 2010, the RO granted DIC for service connection for death as a result of the Veteran's presumed exposure to Agent Orange in the Republic of Vietnam and subsequent development of lung cancer, a condition listed in 38 C.F.R. § 3.309. The effective date was January 27, 2010, the date the appellant submitted the request to reopen the DIC claim."

https://www.va.gov/vetapp18/files4/1820956.txt

But you stated:

"For the record, Ann tells me her husband was a Thailand Vet stationed at Korat RTAFB   and had no service in Vietnam so I do not see where that is germane to the discussion here." 

That also is very new information to us all.

edited:

In April 2019 this post appeared: I think I moved it from my profile to the forum.

https://community.hadit.com/topic/73685-question/page/2/#comments

 

"Well, I feel like I have hit a brick wall..... knowing this is the intent of the VA! This is probably redundant but assuming all here are familiar with redundancy. My entire situation was made more difficult due to my own condition. (Multiple Sclerosis) In 2009 I went to VSO in Rowan County, NC and filed for service connection which was denied 2011 after Mike died 2010. Appealed 2011 decision which was denied in 2012. It took me until December 2017 to get hearing for service connection cause of death. Granted May 2018 cause of death and DIC. No where in C-File was there reference to claim filed in 2009. I want to thank all who have tried to help me and provided me with information. Having 2 brothers who are 100% I had to assist our mother fight VA for both. Had I know what I have learned here the fight may have been easier. Now I am very stressed and tired. I submitted my NOD for EED, received in Janesville, WI. Now, I wait again . Thank you all very much!"

 

We have no idea what the other denials were for. Or if they were formally appealed.

 

Edited September 26, 2019 by Berta
edited to add more info