UTH Discharge granted "honorable for VA purposes." after 40 years.

[Berta]

PS I said In my opinion it is the full grant of the June 30, 2021 decision that makes sense- I meant the July 30,2021

award letter.

Once you get the rating sheet and the % they gave you, I will review it carefully for CUE.

Also, in the Re: part , when you get the decision -if the VA has added an alphanumeric to it-that is the last person who handled your claim and the code for the specific RO who sent the letter.- and the CUE can be directed to that individual. I have had great success with the alphanumeric and would put  "Attention To' in some of my CUE claims,  but I think maybe VA got wise to me because I think they stopped putting that info on their decisions.Yet it saves time for them- which they really dont care about.... saving time...

[brokensoldier244th]

THIS POST IS NOT MINE- somehow it ended up in my PM box, and I moved it out here to the correct thread as best as I could since im not a Moderator. 

 

 

 

22 hours ago, Buck52 said:

Yes the DRO Committed a CUE  under the CFR 38.4.6

PLEASE READ THIS REGULATION TO FURTHER UNDERSTAND.

Also I would try to to get a Dr to give his medical opinion after he examines you and reads these records. And they maybe another CUE, in this

 You may be entitled to a EED EARLY EFFECTIVE DATES IN ALL THIS TOO.

What I 'd do is check with some experienced Attorneys  or VA Certified Accredited  Claims Agents  to take your case.

I'd check with asknod.com  (Alex Graham  from Washington state.)

he is pretty good with claims like this.

This could involve a very large retro payment  if he can get a PTSD diagnose  from what they called insanity back then...,..,it will be hard but with a qualified Medical Dr help and favorable opinion  it can happen for you.

to put this as A PTSD Claim you will need the PTSD Diagnose from the VA  AND RATHER OR NOT HE WOULD STATE ''IT IS MOST LIKLY THIS VETERAN HAD PTSD at the time of his discharge '' or something to connect the insanity diagnose  the DRO mention IN HIS REPORT  AS EVIDENCE USED TO MAKE HIS /HER DECISION  ...they should be able to connect this as PTSD  the main question will they go back to these earlier dates?   THEY EILL TRY TO USE THE DATE YOU FIRST FILED  OR REOPEN YOUR CLAIM.

I would sure ask an attorney about all of this.

this is to big of case to go it alone  you need legal advise. (jmo)

Good Luck.

Buck52

What you described is exactly what happened hear. In 2-16-18 the treating VA PHD RUDOLPH E VUCHINICH now retired. Did a clinical of PTSD on me and a DBQ for PTSD. So when the BVA remined it back to the RO they were do a second C & P on me to determine if I was insane at the time of my discharge. (The PHD screwed the 1st C & P up) So VHS sets up the second one with PHD JOEL MELVIN. So because the 1st C & P did not read the medical records I printed them out and brought them with me so there would be no excuse. My wife and I walk in to his office with the doc's and said I brought them for him to read because of the other C & P. He kind of smiled at us and said I have read your file and when I got to the point where PHD Vuchinch diagnosed you with PTSD as far as he was concerned you have PTSD but he needed to go through the rest of the exam to determine if it went back to my discharge. After he was done he told us what he was going to put in it. Buck52 I have been around hear for little bit so I want you to know I respect you opinion as i have seen a lot of it . 

I do have a problem with VSO. The first one (American Red Cross) in 1982 represented me before the Army discharge review board. I used a discharged upgrade manual done by the ACLU that walked you through how to do it to include where to get the evidence to support your claim. I spent 6 - 8 mo. putting together 38 contentions.  So I go before the Board 7 Birds and start to go through the 38  contentions.  They look at me like I got a third eye in the middle of my head. I am thinking what the F&%$k. So I get the denial and on the 4th page it says "The Red Cross representative removed the claimants list of contentions before the hearing."  When I get the VA RO in 2018 to relook at the my charter of discharge because it had been 35+ years since I did a RO hearing I decide to use a VSO to help me at the hearing. So I sign a power of attorney when we get to the RO to let a American Legion VSO represent me. So we go through the hearing. (I submitted the records before the hearing) They denied me based on the 1984 decision no mention of the new evidence. So I do a FIOA for my C-File (1800 Pages) I go through the C-File and find a doc that says American Legion VSO removed the MH records before the hearing. I have said all this so you kind of understand why I don't trust VSO's. 

I will reach out to Alex Graham. I have login's at asknod.com. I will cantact anyone else you suggest I had not thought about going back to the discharge because of the last C & P.

There is a Class Action Settlement in UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CONNECTICUT. (11-17-20)  What this settlement does is require the ADRB to upgrade some cases with PTSD, MST, TBI, with UTH and GEN discharges from 2001 to 2020 it is a must read for Afghanistan and Iraq Vets.

https://arba.army.pentagon.mil/documents/Kennedy Stipulation and Agreement of Settlement.pdf

Edited August 31, 2021 by brokensoldier244th

[Rattler]

On 8/30/2021 at 9:00 AM, Berta said:

Also the July 30, 2021 letter clearly states:

"This letter tells you about your entitlement amount and payment start date, etc etc."

This is an award letter. 

At this point a lawyer could not help- until a formal NOD is filed-

Can you scan and attach the Supplemental claim you filed- have they received it already?

What decision did you file it on?

Is the Award letter of July 30.2021 the last correspondence you received from the VA?

I have read over the downloads many times- it is very confusing and seems to be one of the biggest VA cluster f--ks I have ever seen. ( had plenty of those in my dealing with VA as well)

I do feel you need representation but this is an AWARD letter and I suggest to call the WH Hot Line  855-948-2311 and tell them you did not receive a rating sheet for this award or any info they said about your service connected disability rating and  payment start date.

Does the VA have your bank account number?

Tell them that you had overturned the Bad Paper discharge of 1977 and have waited forty years for a proper VA decision from the VA. Also ask for a copy of the last C & P exam of June 24, 2021.

( what is the date of the first claim you ever filed with the VA?)

I regret it took me so long to get the whole picture- it helps to download stuff in a dated format-

in the order you got the decisions.

This is looking a LOT better!!!!!!!!!!!!!!!!!!!!!!!!!!!!! You might not even need a rep (at this point)because this is an AWARD letter. 

 

 

 

 

 

 

 

 

Berta

I agree with you and GB that it probity needs better eyes than mine on it. I guess I am probably going to call some attorneys other then a person GB suggested because I do not have any use for VSO's (See brokensoldier244th post of my PM to Buck52 below.

I will try to answer some of you questions below.

I filed a Supplemental claim Because they did not do a ratting decision on the June 24, 2021 C & P Exam (see Attached)

Is the Award letter of July 30.2021 the last correspondence you received from the VA? See the Decision Review Officer 7-1-21 doc.

I called the WH hotline today and got a number where they are checking into it.

Does the VA have your bank account number? Yes

What is the date of the first claim you ever filed with the VA? I filed for a claim for my right shoulder and right wrist on 6-16-81 it was denied because of the charter of discharge. They never did any development on it just denied it. Basically it and an education application was the ones who started it all.

I also filed an FIOA request for the C & P Exam on June 24, 2021. I used the VA's new form. I probably should have used the letters I have as they put a more restive time frame on the VA.

I received one of those "secure" emails today that I can't open because the software on my PC is up to date. (I am a retired IT person)(the software won't work because one of the requirements is they use on older version of  NET FRAMEWORK than the current one that Microsoft uses.)

I will call them tomorrow an have them fax it to me.

Thank

Rattler

 

SUPPLEMENTAL CLAIM-PTSD-MST-Filed 8-16-21 FAX-Redacted.pdf FIOA Request C & P Exam of 6-24-21 filed 7-14-21 Redacted.pdf

Edited September 1, 2021 by Rattler767

[Rattler]

So last weekend I received a notice for another C & P Exam by the same PHD that did the exam that got my charter of discharge changed. I called 800 Betty and ask what is the C& P for? All they could tell me was it might be for Dysthymic disorder as the VA in its confusion so how thinks someone has diagnosed me with it.  As I have a good working relationship with this PHD from the last C & P I called them and ask what it was for because he just did a C & P on June 24, 2021. They called back yesterday and said it was to determine if I was Unemployable. 

Well that's a game changer. The new claim I filed for my knees and hips. When I became disabled in 2008 it was due to my knee's, hips, and back. (see SS doc's attached on first page) The orthopedic surgeon who is treating me did a statement (attached below) supporting my claim for knee's and hip's. At the same time as I filed my claim for knee's and hip's I filed an report by a PHD that stated I was unemployable. (also attached) I know its common knowledge that the VA usually uses the date you filed as the date for back pay.  But there is some rulings that require the to go back to the date you become unemployable. In my case it would be 2008 or 2009. 

In 2017 to 2018 I represented another veteran that was trying to in crease his PTSD ratting from 30% to an unknown (at the time) higher ratting.  We were successful in bringing his from 30% to 70 % and 100% unemployable with an effective date of 2013 the date he became unemployable via social security. 

 

Redacted Functional Capacity Report Wailliam A. Crunk, PhD, CRC 8-9-09.pdf Rdacted Sworn_Dec_DR_Michael A Weidmer.pdf

[Berta]

"We were successful in bringing his from 30% to 70 % and 100% unemployable with an effective date of 2013 the date he became unemployable via social security. "

Thank you for helping this veteran!

If an SSDI award issolely for service connected comditions, that is prime evidence for a TDIU award.

Also did VA Voc Rehab ever turn yu down or stop your VOC rehab program because your SC's interferded with your ability to continue VOC Rehab- tthat too is evidence for TDIU or 100%

In my deceased husband's case, he had applied for higher rating of his 30% SC PTSD as well as an 1151 claim.

He died before they adjudicated those claims so I had to pursue them.They were both granted.

He had received SSDI solely for PTSD and had applied for TDIU in 1992 as well.

VA granted him 100% for PTSD ( I guess they cannot award TDIU to a dead veteran) and used his SSDI date for a favorable additional year of 100% SC PTSD.

I believe they said it was because he had filed for TDIU within one year after receipt of the SSA PTSD  award.

" But there is some rulings that require the to go back to the date you become unemployable. In my case it would be 2008 or 2009"

Can you tell us how he got the SSDI award date for his 100% ?

 

 

 

[Rattler]

Berta

To clarify a few issues regarding the vet above. 

1. Also did VA Voc Rehab ever turn you down or stop your VOC rehab program because your SC's interfered with your ability to continue VOC Rehab- that too is evidence for TDIU or 100%

ANSER: No I never went to VA Voc Rehab. The Redacted Vocational Report above was done for my worker comp attorney. Because it was done at the same time as my SSDI application it was used in it.

2. I Beleave that I am in the same position as you husband in that because of the error in my character of discharge was fixed after I received SSDI and became unemployable they will have to pay back until the date I became unemployable  (2009)

I am going to wait until after the Sept 30, 2021 C & P Exam to decided what CUE claims I should file.

I am attaching the below documents from the veteran I represented that went from 30% to 70% and 100% unemployable.

PLEASE NOTE THE BELOW FILES ARE NOT ASSOIATED WITH MY CLAIN BUT TO SHOW HOW THE ABOVE AWARE LOOK LIKE.

 

Not Rattlers Award Letter 2-1-18.pdf Not Rattlers Decision Letter 1-29-18.pdf