Jump to content
VA Disability Community via Hadit.com

VA Disability Claims Articles

Ask Your VA Claims Question | Current Forum Posts Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users

  • homepage-banner-2024-2.png

  • donate-be-a-hero.png

Question

I have come to learn my medical evidence was withheld all my life due to "ANTICIPATION OF LITIGATION", from what I gather, and the VA used a couple FOIA EXCEPTIONS OR EXEMPTIONS in withholding them. I am asking why the VA would anticipate me suing them before I even got discharged? Just asking. Thanks

Victor Ray

Link to comment
Share on other sites

Recommended Posts

  • 0
3 hours ago, Hamslice said:

Vic,

I would think that last letter you posted about the lost in transit medical records from Vietnam would be an open book with a good veteran's lawyer..

FWIW,

Hamslice

 

I would too, but I am hoping it doesn't have to go there, but it's their decision. They will determine it's coarse. Thanks for the information.

Hamslice,

the VA released some STR's last year, but withheld others, and I didn't explain that well. All medical records were withheld until last year except a few from basic and AIT, and some MIlitary service records. When the STR's were released, some were withheld per FOIA Exemption 6 and Exemption 5 of [5 USC 552 (b)(6) and (b)(5)] respectively. I still didn't get some travel orders to Vietnam, pay records from Vietnam, no records from Japan. I was tested more in Japan, and told there that they had no idea what caused my condition, and that I was the 5th SM to have this condition, but that couldn't treat it and I had to go home. I was released from the hospital in USA a week later and sent "HOME AWAITING ORDERS". I was ordered to PCS to Alabama, got picked up at the airport, taken before a board and informed that they were going to decide to kick me out or keep me. I had no idea what they were doing, and I could not deploy to many countries, was supposed to have "over 120 days recovery" to stablize, but I never did. I remained ill, but able to function enough do my duties, but still ill with 4 or 5 of the presumptive conditions allowed now. That's why they were not released I'm sure, to hush it up. Keep it out of the news. You know, it was before NEHMER, and denial of dioxin was at full peak, but they knew in 1968 the real problem.

Edited by Victor Ray
Added explaination
Link to comment
Share on other sites

  • 0
12 hours ago, broncovet said:

I had periods of depression and my medical records were witheld from me then.  Did you go to your "release of information" office at your VAMC and ask them for your records?  If you have not done this, then you should.  

If you remember VA is not a unified body, just "go to someone else" when employee A says no, and you usually get the deisred result, tho it may take several tries.  

Broncovet,

I'm done with looking for them. I just wondered if anyone knew about the VA or other companies withholding medical records intentionally, and it NOT being a crime. Evidently, certain entities can, even if your life depended on that information. Is it a coincidence that I couldn't get my records in 1972, 1983, 2012, 13, 14, 15,  and not until 2016. A coincidence? No. I get it. It was an economic decision for denial. I can just imagine the liability to all involved and the cost was too much, so when you have no proof you have no case. No private copies equals no proof, so withhold them all. Well, we will see what they do. Thanks B.

victor

image.jpeg

image.jpeg

image.jpeg

Link to comment
Share on other sites

  • 0
  • HadIt.com Elder

Vic

I believe if they were destroyed in the St Louis Fire  and you can prove it/or they admit to it, I do believed they have to believe your lay statement  to your claim and award from that  and  rate the severity of your S.C. Disability...

some say it was mostly the older veterans records they were from the Korean War and WW II  in certain areas of the building that was burned.

Vic you can go see a private Dr to examine you and let him know that you need his opinion  about your disability  and just let him know what your doing and how the VA has lost all your medical records, Ask this private Dr  (Specialist in the field of medicine  your claiming   ect,,,ect,,,can listen to you as for as why  your disability should be S.C. and state in a letter ''to whom this may concern''  from him that in his opinion after examining this veteran(your fulL name and SS#) and AFTER having long discussions , his disability is real and was likely as not related to his military service as to his what he describes as his  job duty known as MOS he performed while in the military.

Veteran states the VA can't find his medical records and there should be some evidence of his records , if not  then please use my impression/opine  to this legal medical statement.

The Dr will need to go by the VA Guidelines found here on Hadit.

This is known as IMO/IME

or something like this  the VA will take that into consideration 

It's worth a shot.

Also getting Buddy statements  from you unit will be a big help in Service Connection.

Edited by Buck52
Link to comment
Share on other sites

  • 0

 Buck.

I did finally get many records last year, mostly from being hospitalized in three  military hospitals in Vietnam for 21 days, then another 7 in Japan and USA. I only got some of them, and others are being withheld. 

I recently have been put in for reconsideration, and am hopeful for vindication this time, but the completion date is November to April 2018, unless they extend it which they always have. Once the reconsideration started, they ask me to have my doctor to send them articles and scientific evidence that my conditions are caused by dioxin! WTF is that for? What kind of bullshxx is that I ask myself. Aren't Vietnam Veterans with boots on ground considered presumptive for a number of conditions, and besides, I was directly exposed and medically evacuated due a skin disease of unknown origin. 

The VA originally denied me service connection because it was covering up the dioxin scandal and didn't want to pay any back pay, and I had been told my records were lost in transit from Vietnam, but they were not. They also said Agent Orange does not cause any disabilities. The VFW had requested my medical records but never received any of them nor did I, and we never received any response, but I have a copy of the request the NPRC sent me.

my claim was at St Louis for months sitting in the NWQ, and went to Georgia, then Nebraska, and wound up in Waco Texas where they said I never complained, was never treated, never diagnosed, and there is no record of any illness, disease, or injury while in the military. 

It is a whole lot of coverup, confusion, hidden records, intentional delays, intentional runaround, and plain old misinformation and deception. 

My records weren't destroyed in the fire either. They were gathered up by DOD or VA after I filed in 1983,  instead of coming to me or the VFW. I'm hoping an honest rating officer views them this time and the WACO, TX office of raters are fired, or was it St. Louis hiding records?

Link to comment
Share on other sites

  • 0

V, you're currently VA 70% SC and I have to believe some of that is Nam Vet "Boots OTG" AO Presumptive, correct? 

Did you apply for a Direct SC for the "Skin Condition" that got you hospitalized while in Nam? Was it Denied, and if so could you post a redacted pdf of the Denial Letter.

Over the past 30++ years, have you ever discussed with a VA Lawyer your problems getting your FOIA requested SMRs?

At some point, you had to have filed a VA FOIA for your complete C-File in paper form. Have you recently filed A VA FOIA for your VA E-File on a searchable CD. Have you found any evidence of an attempt to withhold your SMRs or discussion regarding "Anticipation of Litigation?"

I would think that from the VA's perspective, with every New SC or Pension Claim filed, there has to be a certain "Anticipation of litigation" automatically attached.

Semper Fi

Link to comment
Share on other sites

  • 0
  • HadIt.com Elder

Vic

Did the VA Award any of your S.C. Disability claims   with the A.O. Presumption Criteria?

 &They did concede that you were BOG RVN...To your present claims? or were your present claims cause from military duty from other country or USA? stateside?

Sounds like if you filled for a different claim/or increase and they come back and say  no records found...something is fishy going on.(because your already Service Connected at 70%

As for as different R.O. Adjudicating your claim  this can be a good thing or bad...good is that they find an R.O. That is not as busy as your Original R.O...& Hopefully Adjudicate your claim faster.

 The Bad thing is they do tend to lose records or just not request your  records to help them make a decision,  its so much easier for the rater to just deny  rather than try to request more information (request your records) (check out duty to assist) and also reason VA has been denying your claim  based on no records   that don't add up...since they have S.C. you already.

I recommend you seek a Certified VA Claim Rep  someone like Asknod to help you with this He is pretty sharp on VA Law and can get past the VA B.S.

Remember all us Vietnam Veterans were exposed to the A.O. When we got off the plane/ship and set foot on the ground  infantry or not.

So according to the VA own Criteria Were covered under the Nehmer Rules and the Presumption of the A.O.Act

Use your DD 214 for Boots on the Ground as  prof  

http://www.pa-coc.org/images/Council_Newsletters/Checklist_for_Agent_Orange.pdf

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use