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john999

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Status Updates posted by john999

  1. Dick

     

                     I have Peripheral Neuropathy in both feet as well as PF.  The VA doctor did DX me with a foot deformity but I let it slide since I am P&T with HB already.  Maybe I should think again.  My foot problems are bad but I was not DX'ed in service with them.  I got the 10% for each foot due AO DMII.   

     

                         John

    1. Hey, AskNod,  I see you are up to 290% disabled.   What level of SMC are you at now?  Do you have an android that lifts you out of bed in the morning?  No,  the VA would never pay for that.
    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

  2. I think I was sort in the same situation as you regarding getting mail from the VA.  I did not get the rating decision for my rating and it was returned to sender.  The thing with these CUE cases is you get one shot  at an issue and that is it.   My lawyer did not really understand VA law that well.  He spent years on my claim because he saw big bucks for him because they would have owned me many thousands of dollars.   I believe we were destined to lose the case because the VA law of the 1970's  just handed the game over to the VA and they could play fast and loose with the facts and get away with it.  For instance,   you have an IME/IMO done for your claim.  In 1970 they did not even have to mention the IMO in your rating because it was just assumed they reviewed all the facts they had in their possession You had to disprove that assumption.   They screwed thousands of vets which is why they fought my case so hard.  If I had won at the Court it would have opened it up for many other vets to appeal.  It is like assumption of regularity.  You have to disprove it and you have to disprove that you had any knowledge that your claim had been decided or that you had or should have had knowledge of  your appeal rights.   How do you do that?  It is like having to prove a negative.   You should still try for the CUE.  How old is your CUE?  I had other things wrong besides not getting my appeal rights.  You may have a better case although I thought mine was airtight as did my lawyer and all my doctors.  How wrong we were.  If I could take another shot at it I would.   The Court of Vet Appeals has a website where you can look up cases.  I might be able to find mine, but if you looked up John T. King in their database I think you would find me because it has not been five years since I lost to the bastards.  I am still mad about it.

    To this day I really don't know how reasonable and honest minds could have denied my CUE.  In a CUE you have no benefit of doubt.  The VA does not have to make any efforts to help you obtain records  or facts etc.  It is you against a multi-billion  dollar institution that has an army of experienced lawyers to fight the case.  My lawyer was a geek compared to their lawyers.  We did get one of the best VA lawyers in the USA to actually argue the case at the Court, but the laws prior to 1990 screwed me.  In a CUE they use the law as it was at the time of the CUE to judge the case.  That is one reason why you don't see many vets winning 40-70 year old claims that were full of errors.   I made one mistake of not having the knowledge or presence of mind to file the NOD on time.  Like you I was in sad shape at the time.  My private doctor was doing all he could to keep me out of an institution where I would have rotted away. I was just 22 years old and I had a life ahead of me.   The VA just took advantage of that to screw me to the wall.    I still think that if justice had been served I would have won.

  3. Berta

     

                       Where is Pete53 these days?  How are you doing any how?  I see you are as committed as ever not to take crap off VA.   Good for you!

     

     

                                      John

  4. Mark

           I see you have had your lumps from VA.   You historical study of your family.  So have I to certain degree.   My sixth cousin Herb Stanford compiled 1350 pages just on Stanfords who close relatives of mine.  There are many in Texas.  I found a couple of murders, many civil war vets, Indian war vets, outlaws and all sorts of weird characters in the family line.  That is just the Stanfords.  The Avary, Flanigan and McClatchey relatives have quite amazing histories.  I have old photos of cousin Dr. Archer Avary who served in Cobb's Legion in Civil war.  He is wearing his old CSA uniform and has his old horse pistol.  The photo was done in 1926 and he looks better than I do now.  Ramrod straight posture.  I wish I had known him and James Flanigan my G, G, grandfather who was in Georgia volunteers for whole war.   He died in 1930 and Avary died in 1936. 

     

  5.  Ham

     

                                 I have been reading pros and cons of revolver vs semi-automatic pistols like Glock.  The usual con is that you just have six shots and if you are involved in home invasion you might have multiple shooters and need many rounds in your weapon.  These are same guys who believe you should have AK-47 knock off or AR-15 handy just in case.  Over penetration is a big worry in my dense neighborhood.  If I was in shoot out with home invaders and was shooting many rounds I would probably kill a few neighbors .  How do you come down on this Con.?  Is six shots enough for home defense?  Revolvers don't jam and they are simple which I like.  Glock is pretty simple as well.  I know it has more moving parts which I don't like.  Having gun jam at moment of truth would be worst outcome.  Plus which is most fun to shoot and is cleaning and maintenance a pain with semi-auto.  I have no experience with hand guns just rifles (M-14 and M-16) and shotguns.   I was a good shot in army but that is very different than close range pistol shoot out I know.  How often do you practice with  your weapons at the range.  Imagine night time shooting at home.   Where does it all go wrong for homeowner who is scared shitless, half asleep and  with gun in hand.   I do know the effect of extreme fear on human beings.  All openings do close up except bladder perhaps. I do know guys who pissed their pants during chopper crash in Nam.  I am not tough guy and never was.  Now I am just pretty broken down guy who fears for safety of his wife and self to an extent.

     

                                   John                

  6. I hope you get 100% and if you do they should consider you for SMC  "S" which is housebound status.  More money!  I am old fart Vietnam vet living in Tampa.  I have been P&T for 15 years.   The VA is better than it was because in my day if you did not have direct combat with enemy no PTSD claim.  Only guys with PH or CIB or other combat medals or badges got PTSD and this was not until the 1980's.  Only since 9/11 have they diagnosed PTSD in realistic way, and it is still a game with right answers and wrong answers.

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