john999

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john999 last won the day on January 10

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About john999

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  • Birthday 01/09/1950

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    Tampa FL
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    VA law and history of the Blues

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  1. You know if not for mention of my Vietnam service on my DD-214 I have no proof I was there except for a buddy statement. I have the standard Vietnam service medals but many non-Vietnam vets get them also somehow. For them to not acknowledge your terms of service worries me. What if it was shown that the water supply where you were stationed in Germany was contaminated? I would fight this because they are saying you never extended in Vietnam or service in Germany? Do you have any medals or ribbons for the Germany service? If you were not in Vietnam or Germany where were you? Maybe you were on Mars on a special CIA mission according to the military. These bastards at ARBMR are anti-veteran. They are just too lazy to correct your records because it might cost them a dime. The military did lose all my medical records for basic and AIT and for my last duty station. The personnel records are there.
  2. When did you make your PTSD claim? That is probably when you will get your benefit date. However, if the VA knew you had PTSD and did not assist you in getting your claim they have that duty. I don't know if it applies in this example, but I would try and get it. I had Agent Orange Registry exam in 2000 and doctor said I had three AO conditions. It meant nothing until I filed claims. I got no retro back to 2000 date.
  3. My brother has leukemia that is dormant right now, but he needs very regular and extensive bloodwork done by hematologist that specializes in his type of blood cancer. He had regular A&B and they pay no trouble. I wonder if an advantage plan would be so ready to pay? He also has insurance from his former employer as a retirement benefit. It costs him an arm and a leg in the figurative sense. If he was not getting the special care maybe he would be losing the leg and are in real sense. I do understand why non-millionaires want medicare advantage plans, but will the time you spend with "gate keeper" delay treatment and cost you your life? My mother had Humana Medicare advantage plan. The first time she got really sick she died at HMO approved hospital. Her care was so poor I sued them including HMO approved nursing home and won $500,000. This was not the way I wanted to get $500,000. I don't know if advantage plan vs regular Medicare would have made a difference but her care was awful. I got into regular wars with hospital staff for hiding things about her care from me such as fact gangrene had set in her foot and they just put bandage on it.
  4. Do you have SMC "S"? If not then file for those claims. They sound pretty serious to me. I don't know how old you are but imagine those injuries when you are 70 years old. Will you be able to walk? Any disability that may affect your life in the years to come should be claimed IMO. I have had TDIU for 15 years. During that time I have made 8 claims and no blow back at all. I am getting about $450 a month extra due to my claims after TDIU including P&T which I had to claim an appeal to get. I had to file a claim to get housebound even though I had statutory right to it. VA called CUE on themselves and granted housebound for me. You must claim it or you get nothing. With a backlog of thousands of new claims I don't think they have manpower to re-examine every claimant who makes a claim for increase.
  5. Storm I got 70% for schizophrenia, bipolar, PTSD and a bunch of other things. The VA just would not concede a 100% rating, but I got TDIU and since then I got about 80% of other individual combined ratings. So I got TDIU P&T in 2002 and then SMC "S" in 2008. It took me thirty years to go from 10% to 30% to 70% to TDIU to P&T and a few more years to get "S".
  6. That dysthymic disorder DX is the VA trying to get out of PTSD dx IMO. Did you get compensated for it? When I want for first rating in 1972 the VA said I had schizophrenia that was only mildly related to Vietnam service etc. What they were saying was when I enlisted three years earlier I was schizophrenic, but fine military doctors just missed it up until I came home from Vietnam and started to have classic PTSD symptoms. There was no such DX as PTSD in those days so they just said "vet has anti-social PD and schizophrenia" give him 10%. I do remember VA gave me MMPI and were so alarmed by results the doctor who gave the test did not want to see me again. I told him all I saw were pools of blood when they gave me Ink Blot test. They actually used to do that back in the day. From that day back in 1972 I knew I was at war with VARO and VA system in general and that they were taking no prisoners. To keep my compensation low they were willing to destroy my reputation and standing when I went to try and get federal job. My DD-214 had a spin code that said I was a sociopath. This goes over big with perspective employers if they look at dd-214. I got all that changed but even after I got discharge upgrade to full honorable the spin code remained identifying me as nut job with non -existent criminal tendencies. This was the grossest kind of libel and slander. I should have sued them but I did not know enough and someone else did it for me.
    1. Bronco

                     You still think VA should come under RICO law for investigation and charges?    I do for sure.  The are criminal organization who have murdered many vets via  coordinated malpractice and neglect when they have congressional mission to do the opposite.  I am an old fart on the way out so I won't affect me so much, but I feel for younger vets who must deal with these professional liars and thieves.  I have not been around much these days due to physical problems.

     

                      John

  7. Are you P&T yet and what about Housebound? Don't stop fighting until you get those benefits. With good IME's you can do it. I got P&T within one year of appeal for denial of Chapter 35. We have something called "Channel 8 on your side" here in Tampa. They have gone to bat for vets and gotten immediate solutions to problems that would have taken years. The VA can jump you right to the head of the line if they feel the heat from media. They can solve all problems in minutes it they want to do it. They must feel flames at their feet to act swiftly. John
  8. Hammy Army pay in 1969 was so small you needed a microscope to see it. I know if you were in combat zone you got an extra 50 bucks a month I think. Flight pay was a little extra. I don't know if any of the airborne guys actually got jump pay in Nam? As a PFC in Nam in 1970 I got about $250 a month including combat pay. I think as a spec. five, I might have gotten $500 a month or less. I don't remember. It was a great incentive to do your 2-3 years and haul azz if you still had one. I do know the Army lost all my medical records from basic and AIT. They also lost them for the time I was back in the states except the ones that condemned me. John
  9. You know I got my mental IMO done for $300 and she took insurance. My doctor was an ex-VA employee. She wrote a devastating IME. The VA quoted it word for word in their rating decision letter to me. I won, of course. Back about 10 years ago I had three IMO doctors, but they have retired now or won't take new patients because they can't get paid. None of them charged more than a couple of hundred bucks. I had two IMO doctors for OWCP and three for VA. I had one VA doctor from Russia who helped me greatly to get SC'ed for AO secondary conditions. Now no VA doctor will life a finger and would &^%$ me in a New York minute. Just recently the bastards cut off my pain meds due to them being lost by VA/UPS. They blamed me and all swore on stacks of bibles I got the drugs when I never did get them. I filed police report and nothing happened. They finally sent me pain meds ten days late after making go through minor withdrawal. I know what serious drug withdrawal is like. I will be picking up my pills from now on. I was a fool to trust the VA pharmacy, my pain doctor and the UPS. John
  10. Congrats on the CUE win. I won one myself and lost one as well. I know how hard it can be unless the CUE is just in black and white and no person with I.Q. above 60 would not recognize it. My advice is never, ever skip a C&P exam even if you are dying. Especially, if you are dying try and die at the C&P exam. At least your survivor will probably get DIC.
  11. How can VA determine current level of disability based on no C&P exam? If you were 100% and housebound how would they determine that if you don't get C&P. At my VARO if you skip a C&P it is automatic denial in my experience. If the VA is going to grant 100% but not P&T and housebound then you should appeal and part of that appeal should be that you did not get C&P. When VA fails to grant P&T and housebound to 100% vet they know that the vet will have to wait years potentially to get those benefits and that you might die in the meantime which is their fondest wish. For the VA the only good 100% is a dead 100% vet. John
  12. Where is your IMO doctor located? I got my IMO's so long ago most of my doctors I used are retired and some may have even passed away. I got IMO's for mental health issues. I would not have won without them, so nothing besides original evidence is better than a good IME/IMO.
  13. I got TDIU but not P&T back in 2002. I appealed the denial of my Chapter 35 benefits. It took about a year for my DRO appeal to be heard. By that time enough time had gone by so that VA admitted that I was P&T just based on their own records of treatment. If you have to do backflips and head stands get your TDIU or 100% and then go for SMC "S" and any other claim you can get. If you get TDIU plus 60% you can get SMC "S" as a statutory benefit. I did it under Peake vs Bradley which is he decision that grants TDIU vets are entitled to "S" which means another $300 a month. In general the VA either hides the facts from you are out right lies. Are you getting TDIU? John
  14. Buck Since the only thing you are asking for is just to have your DD-214 acknowledge your actual service time you might have a pretty good chance of getting that done. As long as the BCMR does not think you are fishing for compensation or opening the door for others to get compensation or certain awards, badges or medals you probably have a better than average time, and you would not need to hire a lawyer IMO. I had an 11B MOS but was assigned to an aviation unit to do certain jobs that 11B's might have done in an infantry unit, but because I was not assigned to an infantry unit I could not get CIB. I thought I might be eligible since I did security rides for Civic Action groups that went to small hamlets that were in unsafe areas to win hearts and minds. My job was to carry M-60 and M-79 and I had another couple of guys helping me. We went with an officer and a Vietnamese to do "good works" and got ambushed and almost killed. That stopped the "hearts and minds" work from the 210th Combat Aviation Bat. I was pretty short in country by then so I just did perimeter guard and some short patrols outside the wire. There were a number of guys in that aviation unit that had 11B MOS that had re-upped right out of the field and spend an extra year in the army doing some shit work to avoid getting KIA. Anyway my appeal was a long shot and I knew it. Yours maybe not so long.