rthomass

I don't want to beat a dead horse but the local VARO here has sent me three documents in the last few days. #1 Letter dated 30 July 2007 requesting me to update the number of dependents I have for disability pay purposes....never in 25 years since I retired have they done this. #2 Letter dated 20 July 2007 from the AMC stating they are transferring my remanded appeal to my local VARO...so they can reach a decision on my remanded appeal. #3 A letters (3 copies all the same) from the Veterans Service Center Manager dated 1 August 2007 telling me that via data print out that My remanded claim has departed the AMC ad of 20 July 2007 for the local VARO. It sure sems like a flurry of activity in light of my being unable to detetmine by phone where my claim file is as of 4 August 2007. These people need to work as a disinformation arm in the US Government. (15 days and no receipt acknowledged by the VARO). I have been on a merry go round trying to ascertain where the "C" file is located. I am told it is stille at the BVA, It is at the General Counsels Office, It is still at the AMC despite written letters and data printouts tha it has left the AMC as of 20 July 2007 on the way to the local VARO....must be walking it down the Blue Grass Parkway to the VARO. VARO has no clue as to where it is.........these people are amazing. JUST KEEP ALL THE BALLS IN THE AIR,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,

I wish to express my sincere thank you to Berta, john999, Josephine, and chuck75. It is a priviledge to be associated with knowledgeable people. I just wish VA would let me get off this Merry-Go-Round and give me an award. I want to live out my days in peace.....I think this is not too much to ask for after twenty plus years of service to my Country!

Chuck75 yes the FOIA request has been receiced and ths BIRLS Veterans Identification shows Vietnam Service "checked Y for YES". Received this form from both the VARO as well the VBA.

CHUCK75 the VARO without any statement by me or inquiry by me stated in comunications with the VAMC that "RECORD ALSO SHOW VETERAN HAS VIETNAM SERVICE" The crux here is what VA stated. Yes I receive both the VSM and the VCM but I myself never contended actual srvice in Vietnam i.e. "Boots on the ground." The VSM and VCM are irrelevant.....VA statement concedes Vietnam Service. And we all know the VA and the Government do not make mistakes....

No Berta have claimed NHL since 10 January 2005. VAMC found NHL via CT scan in June 2003. Too Dumb at that date to realize what had caused it until ER Nurse Manager told my wife who happens to be a Registered Nurst at VAMC. Don't Know how Nehmer case will effect. Have attorney representing me since It went before the BVA. BVA approved Advancement on the docket so it is going rather fast considering the places it has been. Both BVA and VARO have been harping on boots on the ground in Vietnam toatally ignoring the provision allowing direct service exposure to AO ouside of Vietnam. I have a 1999 decision issued by the BVA where another VET was at NKP at the same time I was August 1969 Through August 1970...although he went back to the world early...April 1970. This VET came into contact with AO. BVA awarded based on Agent Orange exposure. Although decisons by the BVA are non-precedent setting the CAVC stated they must take into consideration those facts set forth in a prior decison if in fact they were so closely related. CVAC Vacated and remanded back to the BVA for further adjudication. In the mean time I gained knowlege of communications between the VAMC amd VARO wherein the VARO stated in the remarks blcok of Va Form 10-7131 "Birls shows VADS verified. Records also show Veteran has Vietnam Service". This information came to my knowledge in May 2007 although VAMC and VARO were mutually cognizant of this on 8 January 2007. The VAMC manager that initially denied my NHL claim originally signed this form as verifying Vietnam service. This should ahve never gone to the CAVC or even the BVA. I now firmly believe I have both direct service connectiona as well as presumptive service connection for AO.

Claim filed 10 January 2005. Has been to VARO...claim denied.....to DRO...again claim denied....to BVA..claim denied....to CAVC decision of BVA vacated..back to BVA..claim remanded to VARO...around we go where it stops nobody knows. Have buddy statement; VA doctor statement; Vietnam Service verified. The VARO must be as dizzy as I am. Yes this concerns agent orange and Non-Hodgskins Lumphoma. No Berta evac plane was a C-9 Air Force plane.

Josephine, Name, serial number, branch of service, dates served, and rank are mine. I guess the Government is never wrong. The question is does this confirm boots on the grond in Vietnam? I did take a med-evac flight from Nakhon Phanom Thailand to Utapao AFB Thailand. Maybe on our circle around Thailand picking up patients I landed in Vietnam....I dont remember this. Again I still need to know if this means VA acknowleges srvice in Vietnam ?

May I humbly ask the correlation of the last post to the topic of the initial post? Keep on target luke!

I have a document initiated by the Veterans Administration Medical Center to the Veterans Administation Regional Office. VA form 10-7131. In the remarks section it states (top of form block 6) " Vet claiming agent orange exposure. States he was stationed in Nakhon Phanom Thailand. States they sprayed Agent Orange around the perimeter of the basse, which is located 4 miles from the Ho Chi Mihn Trail". The VARO replied back to the VAMC " Birls shows VADS verified." (BIRLS and VADS are data bases) "Records also show Veteran has Vietnam Service". I also have via a Freedom of Information Act request have Birls Veteran Information data screen report showing Vietnam Service "Y" (for yes). This was from the Department of Veterans Affairs, Veterans Benefits Administration, Washington DC. I have to the best of my knowledge never stepped foot in Vietnam; but I do have a Vietman Campaign Medal and the Vietnam Service Medal. I am one confused Veteran. Berta...Vike17 any help?

;) Better than stealing an eledtion and have your cronies on the Court help him by ligitimizing it.....NUFF SAID.... NO POLICTCAL ANIMOSITY. We are all bothers because we toil againt VA. And besides we are Veterans.

I'll khow the answer when I see it but I just can't find or remeber the village and province that Herbicides "namely agent orange" were tested (1964-1965) in Thailand. Map location a help too. Much Thanks

I have made a promise that I will never judge a fellow Veteran until I am in a position to address grievous stone-walling and adversarial postering by both VA and their agents. I sm not trying to rally anyone; but I refuse to prejudge anyone.......We have enough problems with the VA and their broken adjudication process....Let us not air our dirty linen for this fosters disbelief in all Veterans claims.

Berta; I really find it hard to believe your position on this veteran. From what I have read in the "Allan" post it appears as another vindictive Government action. I guarantee that one of the scariest time a defendant will ever have is a jury trial. Guilty or not guilty and depending on the skils or the prosecutor or defense lawyer a jury in my humble opinion can be often swayed to a guilty or innocent plea. A united front by Veterans must be shown to the Veterans Administration and the Federal Government. Remeber the benefit of the doubt goes to the Veteran......Don't ever let them see you sweat...or for that matter see any discourse among Veterans..................... All we have is each other !

Berta; I really find it hard to believe your position on this veteran. From what I have read in the "Allan" post it appears as another vindictive Government action. I guarantee that one of the scariest time a defendant will ever have is a jury trial. Guilty or not guilty and depending on the skils or the prosecutor or defense lawyer a jury in my humble opinion can be often swayed to a guilty or innocent plea. A united front by Veterans must be shown to the Veterans Administration and the Federal Government. Remeber the benefit of the doubt goes to the Veteran......Don't ever let them see you sweat...or for that matter see any discourse among Veterans..................... All we have is each other !

AMEN

Well this subject is mute now. I took ther bull by the horns and had a high sped medi-port implanted in my upper right chest by my private surgeon. The VA hospitalhere in Louisville, Ky is an excellent medical facility but like every big business or hospital there are rogue individuals making decisions that are not always in the bet interest of their patients (in this case the veterans). The VA Radiology department here definitely in this instance failed me and my fellow veterans....intimidation to save a few bucks only goes so far.

The 110 Th Congress is now in session.....,thi is the time to get all Agent Orange cases awarded...not just for the Blue Water Navy but for all that served in Vietnam. Thailand, Cambodia and Laos..... Write your Senators and Represntatives!!!!!! Use this as a guide (copy it and fill in your senaor and representatives names) 10 XXXXXX 2007 Honorable Senator or Represenative 601 West Broadway Suite 630 CITY, STATE, ZIP CODE Subject: Presumption of Exposure to Agent Orange Senator XXXXXXXXXXXX : The United States Court for Veterans Claims in a decision dated August 16, 2006 “ Haas vs. Nicholson “ruled that the appellant on appeal from the Veterans Board of Appeals was entitled to a presumption of exposure to the herbicide specifically identified as Agent Orange. It further found that any veteran serving during the Vietnam Era (1962-1975) and who had been awarded the VSM “Vietnam Service Medal” was presumed to have been exposed to the herbicide commonly know as Agent Orange. The desire of my fellow Vietnam Veterans who served during the Vietnam Era in Vietnam, Thailand, Laos, and Cambodia as well as their territorial waters who have one of the eleven diseases set forth in 38 C.F.R. 3-309(e). be presumed to have been exposed to agent orange and awarded 100% Veterans Administration Compensation. I propose the decision of The U.S. Court of Appeals for Veterans Claims “Haas Vs. Nicholson” be a guide to re-write those portions of U.S.C. 38; 38 C.F.R.; and the Veterans Administration Adjudication Procedure Manual M21-1 by means of new legislation promulgated by the United States Congress. YOUR SIGNATURE YOUR ADDRESS YOUR TELEPHONE NUMBER YOUR E-MAIL ADDRESS

Go to acr.org on the internet or call the Radiology Manager at Louisville, KY VA Hospital (502)297-5992. They exist but are rare. The real question is not what are they but why are they doing surgey.

Let us not forget to keep our eye on the ball>>>>>>>>>>>>>>>>>> I know there are a lot of blue water Navy Veterans as well as Veterans who served in Thailand, Laos, Cambodia, and Vietnam that have had their agent orange cases denied in the past, The only way you will ever overturn these denials is to read the Haas VS. NIcholson decision as promulgated by the US Court OF Appeals for Veterans Claims. I implore you as a Veteran and a Citizen to write yor Senators and Representative and tell them what we want .... This is a representative democracy....Make Them REPRESENT YOU. Make them change the laws on how your claim is decided... Haas Vs. Nichoson decision presently only rquires you to have a Vietnam Service Medal to presume you were exposed to agent orange. The VA is trying to get this ruling overturned. If the law is changed to that language set forth in the Haas VS. Nicholson decision VA ,will be to put it crudely, Screwed! OPEN COMMUNIQUE TO ALL LEGISLATORS TRANSMITED VIA E-MAIL AND FAX 14 NOVEMBER 2006 Subject: Department of Veterans Affairs appeal: Haas Vs. Nicholson ORIGINALLY SENT TO: NATIONAL VETERANS LEGAL SERVICES PROGRAM (Attn: Mr. Sparato) rick_sparato@nvlsp.org Mr. Spataro in light of the current political climate i.e. Democratic Congress why wait for the United States of Court of Appeals for The Federal Circuit to rule on Haas v. Nicholson ? Would this not be the perfect time to appeal to the U.S. Congress to legislate that Agent Orange was present in all of South East Asia during the Vietnam era (Vietnam, Thailand, Cambodia, and Laos)? . Revised Legislation would presume veterans were exposed to Agent Orange if they had been awarded the Vietnam Service Medal and had contracted any of the eleven diseases presently set forth by the Veterans Administration. Referenced in 38 C.F.R. 3.309(e). The Decision as set forth in Haas Vs. Nicholson should be a guide to re-write those portions of U.S.C. 38; 38 C.F.R; and M21-1. A Veteran with any of the diseases set forth in the Code of Federal Regulations 3-309(e) “Diseases associated with exposure to certain herbicide agents” should be presumed to have been exposed to the herbicide (agent Orange). MSGT. Randall D. Thomas Sr., USAF, RETIRED rthomass@insightbb.com PO Box 20761 Louisville ky 40250-0761

The only way I have to resolve this problem in order safe guard my health is to have a private Surgeon remove the old port and place a new high speed port into my chest. They indeed are aware of the problem. Big question is can they use a non-surgeon to do this procedure?

Can a Radiolgist Practitioner Assistant who is not a Doctor " Surgeon" insert medi ports ino Veteran Oncology patients? Local civilian regulating agencys in Louisville said absolutely not but of couse this is VA which they do not regulate; what is the regulating authority that allows a Radiologist Practitioner Assiatant to perform this surgical procedure?

The VAMC Hopital here in Louisville Kentucky is operating on Veterans to insert medi ports primarily for Chemotherapy patients whose veins are so damaged by the tratment that finding veins is near impossible and causes a great deal of pain. These ports were used not only for chemo treatmens but were accessed to allow dyes for Cat scans to be done in the Radiology Department. Recently the VAMC received a new Phillips CT scan unit that utilizes a computerized high speed infusion method. This new infusion method does not allow the old ports presently used by Chemo Veterans at Louisville to be used with this new injection method. The radiology department did this change with no prior notice to Veterans (or for that matter even the AETC Chemo Therapy Department)with the Old Medi Ports forcing the nurses to have to go back to hunting for non existing veins to insert IV accesses into; which I can personally attest to is extremely painful. There is a new High speed infusion medi port but that entails removal of the old medi port and insertin of the new high speed infusion port. No problem you think? well my oncologist attending physician ordered his new port to be placed in my upper chest. Personnel in the Radilogy department stated there was just too much of a chance of infection andthey refused to do the procedure.

Doctor gave me the statement today that it was quite probably caused by agent orange.

Put me back on top. I need input from those Vetenas in thailand, Laos, amd Cambodia........What is the staus of Secetary Nicholson's appeal re: Haasv.Nichoslxon ?????

Awaiting buddy statement on just how we were both exposed to the herbicide "Agent Orange'......This Air Force Veteran wold welcome a post oh how you encountered Agent orange at NKP or any of the oher bases in Thailand.