Bigred122

Well after 7 months, I received a partial approval of my request to remove SPN number from DD 214.One usually has 3 years from release of service to file to remove any codes attached to DD 214.It was almost 40 years before I was even aware of this code and the damage it creates until I saw a article from Ed Crosby. Contacted him and he told me how to proceed.It is funny that the records I requested from NPRC that they had originally, but later denied having them were what was used to approve my request.The only difference in the records are the dates of when and where are off by 6 months. So I have requested copies of them for my disability claim. But the three judge panel deceided to waive the 23 yr statue of limitations,approved removal of code from all military records and will issue me a new DD 214 and they also upgraded discharge from General under Honorable Conditions to Honorable Discharge. No change in benefits, only difference besides title is General is in Black and White and Honorable is in shiney Technicolor. Due to how busy they are all this will take months to complete.(Curious to why they are so busy.This was supposedly all done in late 70's.Their only function is to correct Army military records. Each service has their own dept.) Once I receive updated copies, I will go into phase 2 per Eds guidance. So score is 1 win for VA, 1 win for Veteran.Trip to OKC went well, soon to receive several IMOs and even found a Great attorney at the Medical Clinic.Remembered non related surgeries that will fill in timeline on Section 1151 claim. Looking forward to DRO Hearing.(still no 30 day notice of when) I guess sometime in Feb 2013. Hoping Hoppy is Ok and await his comments.BigRed

You must file the Tort claim within the first two years and most of the time you can be reward better financially. The 1151 has no time limit that you must file within reason and the rewards are usually less. But at least you have some method to be compensated for medical mistakes. Good Luck! Been fighting for my 1151 now for over two years and I have more time to wait! BigRed

That is great news! I need to look up the decision,I was at 3 locations where AO was used Fort lewis,Wa, Ft Gordon,Ga (pulled Guard duty in Sept 1971 at a beautiful park to keep everyone away on the weekends.First time with Georgia Moonshine in a beautiful lodge.One quart toasted 4 of us!!) and even got to play with AO in S. Korea.I was denied Korea exposure because I arrived in Korea 30 days after August 31,1971 deadline.So I guess the CAD,DmII, Graves Disease and a couple of other things are just my imagination!

As soon as Hoppy responds to my questions, I will not be returning to this website. Like it was said by admin, there is no democracy here.Further research yesterday uncovered some things that I do not wish to be associated with.So I will not post again till Hoppy answers my questions(if possible)and then I will post to Thank him.Since I am on moderation review before my post is allowed, too much drama to see if post will be approved or not! Thank You! BigRed

Thank You for your much needed support letter! You are so very right that many can benefit from our Trials and Tribulations we have and are going thru if allowed to share them with others.Unfortunately my IMO on my 1151 Hep C claim came to me after my initial denial by the VA.It is from one of the Top Drs in this field and his opinions have been accepted at all the top levels.(Dr Cecil)He only does these for a selected few and if he believes in your claim he will write a excellent nexus for FREE!I live on SSD and can't afford the $9000 some Drs charge for IMOs. I have been bless to have another premier Dr that will be writing some more IMOs for me after my physical with him next week.I got his name from this site and have waited now for 3 months to get an appt with him. Because of being associated with the Gary Kimball/ Ed Crosby lawsuit against the VA,the VA has cutoff all mymedical visits with my primary. Thank God they have not cutoff my medications like they tried with Gary Kimball.Our case is now in the hands of the Ninth District Court and hopefully it will not have to go further.Veterans can still join the class action if they feel they have been wronged by the VA. Just Google Gary Kimball! Hoppy created my Avatar and knows much about skin disabilities caused by other problems and is well versed at VA Law from the 1000's of cases he has researched for the many as well as his own.Thank you again for your much needed well timed response. It would be a sad time in the Universe when Veterans start turning their backs on other Veterans. It has always been accepted truth, If you need someone to stand by your side,It will always be a Veteran! Non Veterans will never understand that type of loyalty. From the Marine who stands guard outside the dying boys room, to the soldier who carries the fallen across the race finish line, to the many who have disobeyed orders to run to a fellow American who is need of assistance. These things happen everyday by veterans who ask for nothing in return.Your support is much appreciated and your offer of pm contact will be used in the future! BigRed

Wow, I just love that function that if you run your cursor over a members name, it tells you exactly where they are, even if they are in INVISIBLE MODE. Never have understood why people use the invisible mode.Why would someone feel they need to hide from others?Oh Well,time to go back to reading only Manly Topics (makes male grunting sounds like Tim)

Well, Thank You Mr. Basser!! You seem to be alone on the " Darn Good Reply" comment! Wow!! whatever can that green box flashing Topic Moderation mean?? Naw, it was said" No Censorship"! No Warning Points! Must be my Paranoia setting in! LMAO in sorta Mad, Mentally Disturbed way! Thanks again Mr Basser! BigRed

I was in Korea in 71/72 and I would like to Personally Thank You for this information! I was stationed with the 122nd Signal Bn at Camp Casey TDC, S. Korea I wish you Success on your Claim. I'm on Phase 2, DRO hearing phase.Another piece of the puzzle thanks to you!! BigRed

The reason I didn't ask Hoppy the question in a PM is ........ I found out that many people read my posts and are interested in the topics that we discuss. This site is suppose to be for all Veterans benefits, not justfor a select few. If I am wrong hopefully Tbird will public announce that is site for only a select few. The only problem I have is I have fought, many friends have died for our rights to Freedom of Speech and I don't appreciate someone who thinks they are above us all is allowed to delete my posts or part of them on a whim.If I feel that my government or part of it is disrespecting me, I am allowed to show that displeasure within the rules of the site and not the view of a person who sees things differently than most.Soon the government will again change hands and I believe it will be good for the Veteran.Most Veterans are not self centered egotistical people.So many helpful VA employees/Non VA employees have been chased off this site because someone felt that they were getting too much positive attention. This is not the site for Drama Queens! This is a good site for information if from the right person. That is why Mental Patients don't run the Asylums! The only thing I would change on this site if it was mine would be a his and Her rooms or partion. Male Veterans aren't interested in the Female related Disabilities and I'm sure the Female Vets aren't interested in our male related disabilities.One can put a disclaimer in their signature if they choose. It means nothing when management assigns that person with an official title. That alone says that Management stands by all opinions/advice that person gives out thus makes management liable. Enough said on that subject.Tbird owns the site,everyone else is either moderators or unpaid devotuted Veterans or Veteran Advocates.Everyone has their favorite representative they trust for information, mine is Hoppy! Some seek out Berta or someone else! Hoppy is the Real Deal and him and I have a special connection. I don't respect people who have Bought their Pensions and that is my opinion and unless they have changed the Laws I am still allowed to have.BigRed

I politely request that you personally refrain from answering any of my post from this point forward. My current posting was directed to Hoppy for his opinion.Thank you!

This is an old post I reborned to save space. I am already a part( Where the Hell is the rest of my post??

CALLING GENERAL HOPPY!! CALLING GENERAL HOPPY!!! Still on a holding pattern waiting for my DRO Hearing to be scheduled. Normally I would be impatient on how long it is taking, but in this case it has been sorta a Blessing in disguise.Out of the Blue my Bank offered me a zero interest bankcard for 15 months and it is being used to get some IMOs I couldn't afford before. My Hep C is really kicking into high gear now and as well as the normal organ problems, I'm really getting the skin problems associated with liver disease. Between the pain and the toxicity, my sleep habits are all over the place. This too has been a blessing. For the past two plus years, I have been trying to fight the VA on my disabilities and things that are directly associated with them.Well last night was one of those toss and turn and brain overload nights.When I realized that there was some things that are not related to any of my disabilities that indirectly help prove my 1151 claim. Like I've stated before some lab test from a surgery and a heart attack are missing from the VA medical files. The independant Dr the VA had deny my 1151 claim noted that files were purged from my file. How she knew that I still don't know. Well that got me thinking about other non VA surgeries I had. A hernia surgery in 1995 and a partial Great toe amputation in the same year. Lab test were done prior to both surgeries and there was no sign of any Hepatitis C. That same year I had a flex sig colonoscopy done by the VA and all lab test for it are missing. I'm sure they would show that I didn't have it then either. In 1992 the Idaho Health dept did a full blood work up per my request and it came up clean as well.So that is 3 independant sources and 2 VA work ups that showed no Hep C. No positive labtests till after my 1997 colonoscopy with a transfusion. First lab test after surgery was 1/1999 and it came back positive.The 1999 Lab tests results are at the levels of someone who had just recently contracted this disease and not like those of a disease that has been dormant for 30 yrs. Hoppy,by introducing these independant surgeries and lab tests am I openning them up to saying that I maybe got the Hep C from those surgeries? The surgeries were just routine and required no transfusions. What are your thoughts!! This really tightens up the time line on this disease.Besides the facts that none of my wives or GFs have ever caught or had this disease closes the door on many decades. I don't anticipate them scheduling my DRO until Feb 2013. That will be 16 months since they denied my benefits the first time. I will have some more IMOs by end of Nov and along with this new evidence, I should be in better shape this go around. So far, I still haven't received any of my mental health records or any of the hospital records I have requested from them.I am positive they are still hiding more facts than what I have requested of them. Hopefully your doing fine and will be able to respond back soon to me. I'm holding off for now on submitting any claim on my skin problems for now. But I will make note of them on my updated evidence I will be sending them. So it will be unofficially on the record.If they want to respond now on them that will be ok. Your opinion is much appreciated!! Thank You! Your Man in the barrel and not man with barrel over him! BigRed

My joy with IRIS was short lived yesterday. They attached a bug to their email. After I print a copy for records, I usually put it in a folder just in case. Their bug deceided to send a weird email to every person, place and thing that was in that folder.(about 10 of them).When I started getting back just as weird emails from those it sent emails to, I quickly removed and destroyed their email. So I guess I will have to just save paper copies till this whole drama thing is over.

I was out in the field 32 days after Aug 31,1971 date.But I sprayed a herbicide upand down roads and fenceline for the changeing of command in June of 1972. I have a Buddy Statement from someone in my BN but not my platoon that remembers us spraying it. My discharge exam showed MH records from jan 72-sept 72 at Mental Health clinic at Camp Casey.NPRC had them, wanted a fax number of my Primary to send them to, then VA stopped them from sending them,and then there was none.I have saved all my correspondences. Of all my disabilities that one scares them the most. Bad SPN number on DD214 without any hearings, Court Martials or any notifications after the fact.They denied me treatment about 1 month after getting out. My Employer kinda screwed that one for me. Said I missed enough time for the Army and wouldn't let me off for exam.Pension would have been about $30 then. Not enough to lose job over. At Least they are acknowledgeing alot in the email. Mike

" Hey there whats that sound, theres something going on! Theres a man from VA holding My File over there, telling me, I need not fear!" Well usually strange things happen on mondays in Life! Except in VA World, where a bad day with the VA is a GOOD day for the Veteran! I will attach the email I got from IRIS today. My MH files that were in NPRC, then lost, are being requested again from Korea.They are finally acknowledgeing possible AO contact and are requesting records again from Korea as well as maybe ordering a AO physical. I guess the little tidbits I sent them last June opened their eyes to the possibilities.I'm still looking probably at a Feb 2013 hearing date, but at least the are confirming things and I am feeling a little more positive energy from them.I have IME scheduled in October that should also help my claims. After 2 years of frustration, I am seeing a light at the end of the tunnel. I sure hope it's not a mirage.Something is happening in VAville and maybe it's good things for us all. I don't know if it has anything to do with the Class Action I recently joined, but I'm going to push the envelope some and see if I can get a earlier date on my Section 1151 claim.MikeIRIS2.pdf

Why then does all my hospital Primary Care and Surgeon say that Administration says they are not allowed to fill them out for the Veteran? I thought it was funny when Iris emailed back to me and didn't know what they were. The system should be simple 1) Primary states whether Veteran has a Service Connected Disabilty 2)C&P exam Drs should only be used to determine percentage of Disability and if more tests are needed to determine percentage, then order them. Not used to find reasons to deny claim. 3) Claim moved to Processing Division where Financial Dept handles that part,Medical or Mental therapies are ordered according to Veterans Disabilities, Medical Equipment Dept to handle and order specialized equipment Veteran needs for everyday existance, Education Dept handles that area if Veteran so chooses and last but not least Any Job Assistance or trainning if Veteran is capable of that as well. They would like any other disability agency would have a Fraud division for the small amout of those needing attention. They would save money in labor by needing less reworking. The right people would be doing the diagnosing and the clerks would be doing the processing of tasks necessary. It could be so simple. Hoppy is right when he says that the way they are doing it now is making it adverserial when they want one VA Dr to disprove another VA Drs opinion. C&P Drs should be used Only to determine % of disability. For some unknown reason or another I kept thinking when they wrote VHA Drs I was thinking that was the C&P Drs only. My mistake. So I made a copy of that page and going to show it to my Primary Care Dr and going to take a copy to Admin and find out why giving out the wrong info to their Drs. And if they have a directive that supports what they are telling their Drs I want a copy of it!! I need to have this cleared up once and for all.lol Mike

UPDATE FROM IRIS!! Well that was the fastest reply I've ever gotten from them. I guess I stumped them, or opened up a can of worms because they gave me their secret hand shake(ok it was a code) for bypassing the telephone prompts. When they start talking punch in 110 and rings directly into the offices. Or it should, my RO was already closed when I did it. So since they don't want the answer to be on print record, I'll be recording the conversation on my recorder via loud speaker. So I'll be surprised to see what they say. I shouldn't be such a pain in the Azz. I'll probably wakeup some morning and I'll look out my mobile home windows and find that some helicopter crane had moved my home in the middle of the night to some deserted island!! lol Me and the VA have had this kind of relationship now for over 40 years. I just seem to have the knack of asking the wrong questions they don't want to answer. Such as in 1972, I asked for my birthday off.They said it wasn't in the USMCJ manual that I could have it off. I said" show me". They couldn't and I'm probably one of the few who ever got that day off.lol Like an Ex-wife they never forgave me!! lol Once again I will probably have po'd my RO and will pay for it in Feb when my DRO should be scheduled.I can only pray that they have a BIG personnel change at that RO before then.lol Mike

VAconfusion.pdfVAconfusion.pdf I can't seem to get this topic off my mind today. So I have wondered thru out the VA websites to find any written regulations on whether or not the VA Primary Drs are authorized to fill out the DBQ forms. The VBA is very careful to dance all around this subject.Which only makes me more curious.They are specific that Private Drs outside of system can use them. So I deceided to ask this Enquiring Question to OUR all knowing, All Seeing IRIS people.I will attach their email response to me. And people wonder why us Veterans just keep screwing up our own claims. Everything is so simple and easy to understand. And we pay these people $65,000+ bonuses. Geez, I wish I knew about these jobs when I got out. Oh thats right, I had one of those SPN # and was blackballed, sorry different topic. Anyway I sent them a link to their own website (VA.gov) concerning DBQ questionaires. This should be a good learning experience for both of us! LMAO Mike Ps Sorry double posted the email.

This was a Great read! Thank you! One question that keeps popping up in my area.Why do some VISNS allow Primaries to fill out DBQs, yet other VISNS threaten the Primaries that if they do write them up they may lose their jobs. They tell them only C&P Drs can handle the forms.Yet only your Primary knows your file as well as you do. Does any of OUR VA employees( like Veldrina) tell us what regulation or statue gives the Primaries the permission to use these forms.When I had my meeting with the Cheif of Staff he admitted that he wasn't a veteran, knew nothing about the VA Disability program and how it works. Yet he is suppose to teach his staff and make sure they are following the rules. No wonder things are screwed up. I would love to have statue in hand to show my Primary as well as Cheif of Staff. It is time for ALL to know the REAL TRUTH!! Thanks again for the inspiring read!! Mike

I did all the talking at my SSD hearing, fighting off vocational specialist as well as neurosurgeons opinions. My attorney only gave his name. With every talking point they had, I countered with my own opinions at the end they both agreed with me as well as did the judge. While in the Business world, I have done several sales presentations, sales training and seminars.I do much better at speaking than I do at writing, so I have no problems facing off the challenges and giving my perspective on things. Many times during this process, I have had to explain medical situations than normally have been over looked on my claims. My surgeon has learned over the years to have joint conferences with me concerning what direction we should be taking on my medical treatments. She has stated that my involvement makes her job easier and we can come to the right solution the first time.No one knows my body better than I do.If the DRO follows the law and grants the claims that the C&P Drs based their opinions on biased opinions and not medical facts in record and a couple claims were records were withheld from me, they will have to grant about 80% of my claims.The Drs IMOs I will be getting should help with the other 20%.But we already know that they don't always do what or how they are suppose to. When the RO Director had a DAV employee harass me to give up because Presidents staff was asking questions, it just made me plant my feet deeper.The DAV employee admited not looking at my record, not a smart move on his behalf. So when I told him I had a nexus letter and a Buddy statement to be added to claim,he backed down a bit. Then it just turned into a grunt vs marine snow writing contest. So bring on the Steel cage I'm ready, walker in one hand and cane in the other.Mike

Unfortunatelty the veteran doesn't always get to see what BS was written by the C&Pexam Drs before a decision was made by the RVSRs.Since the decision, I have acquired a Medical IMO by a specialist,a buddy statement and had to show evidence disputing the non factual biased opinions of the C&P Drs. As well as address their specialist opinion based on only half of the evidence available to her.And address her observations that documents were obviously removed from my medical files. So evidence to disput their Drs. amounted up to #40 lbs of paper in 6 binders addressing 13 disabilities or if they choose all neatly placed on 2 CDS. One containing all 6 binders info and one with updated medical evidence from a surgery that should have been done 4 years ago. I think you MIGHT agree it is hard to dispute opinions that have NO medical facts on record prior to being aware of the lies. But that is how they drag the process on and clog the system.The vet is always having to try and read their minds.Just like I'm still trying to get records they had in 2011,had to jump thru hoops to get and once thru hoops records have now disappeared.Didn't forsee that happening.lol Kinda the type of things Class Actions are made of Medical malpractice followed by altered records,failure to do Administrative Duties, Denying Due Process,removal/destroying of medical evidence in favor of veteran,failure to notify and treat veteran for emergency surgery.And the list goes on!! If they would do their jobs correctly and fairly the first time, the veteran and the system won't be clogged with redos. Now because of false information, I am forced to spend thousands of dollars I don't have to get Honest Drs to dispute VA Drs in IMOs that I shouldn't need, but have to get because thats how the game is played.Just like one usually doesn't get SSD until they turn you down and you get a lawyer then you win. No lawyer, you keep losing even with the same evidence.Because thats how it is played!.Va plays same type of game, just different rules, THEIR RULES(subject to change at any given moment).I'll keep on Keepin On until they realize I'm in the game till the end.If they keep submiting lies, I'll keep submiting the truth until the last tree or last CD is produced.Should it go all the way to the CAVC, I already have a WINNING attorney who has offered to represent me for it. Until then,like always, it's me against them until the end.I may be an old dog, but I promise you my last breath will be attached to a BIG BITE!! Mike

I have to admit on my original request, I did fail to use the word "Hearing". I didn't receive any form from them to choose a hearing or just a DRO Review.On the letters to them where I have submitted more evidence to them, I used the word "Hearing" several times in correspondances. Even my last one in June of this year when I asked them if they wanted paper or CDs on my DRO Binders that I organized specifically for the "Hearing"! I am attaching their email to this post for your viewing.It shows that they will be addressing the Hearing part with the Portland RO. So that should clear up that part. Searching the internet this afternoon there just doesn't seem to be a standard way of doing the DRO Review.It's kinda like Dealers Choice type of thing.So unless they move up the process,I'm looking at around February of 2013 for the DRO Review. My IMO/IME should be finished by either end of this month or first week of September. So I should be safe. I will be so glad when this process is over with. (if it ever will truly will be over) Mike 80212IrisInquiry.pdf

I hope I don't confuse the situation more, but I just got back a similiar response from Iris as Oddairman did and it has me confused. Hoping someone can clear this up in my mind as well. Some history I filed my NOD and asked for a DRO review back on 12/16/2011. I've been under the thoughts that a DRO Review was a Hearing with a Senior DRO that we would go over my claims either in person or in a tele-conference. I recently wanted to find out a apprioxiamate date that the hearing would take place and how much advance time would they give me prior to the hearing date.Thanks to Bank of America and a no interest Visa for 15 months, I wanted to see if I could get some IMO/IME to bolster my claims. Anyway I got an email back today that has me totaly confused.They gave me the impression that the DRO Review was done by a supervisor who would notify me of their opinion and that there is no meeting with me present.They made it seem like it was an either or situation. When did they split the DRO process into two types? The IRIS person seemed to think there is no hearing with me present.They said the Portland office is running around 420 days till most DROs are done. So I do have some extra time to do what I planned on doing.If I am not apart of the DRO process, whos to say that anyone even looked at it again.(Trust Us!!) I think NOT!! If this is the new process, I would have been better off going straight to the BVA. I have never in my life seen anything so confusing in my life.They seem to change the process everytime you show them you are starting to understand what they want.They know I come from a flakey state and I can't find any good representation.They know my health is bad and that time is not something I have alot of.I've been just hoping that some of this interest back east would spill over and that maybe some of us western states might be able to get some representation thru osmosis.Doesn't matter what letter is behind our congress critters names here, they are all anti-war hence not pro vets

Use to be one could have their dishonorable upgraded to a General if they kept their nose clean and stayed out of trouble for a certain number of years.But if the Vet,has been in jail or has gotten a arrest record since discharge, they are out of luck.But that was 40 years ago and alot has changed since then.The President or Congress can make anything happen if they CHOOSE to!! Congress just adds the request to a BILL that will pass and the President just decrees it to happen. Most of the time it happens after we the Vet have been gone for 50 years and it was requested by our RICH/Politically connected family members.(it is better PR if we are dead) Mike

Depending on what part of the country you live, such as East Coast Vets, have better Congress/ Senate people that truly care about their vets.They can make a difference sometimes. Especially since you are already HOMELESS. I'm glad to see that you have at least a roof over your head.The process is slow, but I'm sure the people who helped you with housing will also help with any other needs you may have. Just don't lose your faith,The system creates alot of negativity, just don't be one of it's victims. Good luck!Mike