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ladypoetry85
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Posts posted by ladypoetry85
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Peace and wellness
Ms. Berta
Congrats! You are the wind beneath many of our wings and it's great news to hear that your case was won!
Now if we could just get you appointed to the Supreme Court....(smile)
Your husband served with Honor and you serve with HONOR! I salute you! -
Does anyone have Dr. Whitely mailing address? If so would you be so kind as to send it to me? This lie that they (DOD/VA) are telling that makes it seem that most if not all of the rape cases in the military are alcohol related needs to stopped, put down. and we can all attend the memorial service!
The campaign should say: If you rape you are setting yourself up for a date with the electric chair!
This story was sent to me by another woman veteran....disturbs me greatly that a woman, with that much "power" in the Pentagon would say something like this, and it was obviously covered up, well not anymore! I've also passed this along to Jim Strickland and asked him to make it public in his special way!!Time to send Ms Whitely some correspondence, don't you think?..........
25% increase in sex assault in combat zones: 'Wait until she's sober,' says Pentagon watchdog
BY Richard Sisk
DAILY NEWS WASHINGTON BUREAU
Updated Wednesday, March 25th 2009, 12:44 PM
The Pentagon is launching a sex assault prevention camapign which advises soldies to "ask her when she's sober."
WASHINGTON - It didn't get the attention of President Obama's recent Special Olympics. gaffe, but a "wait until she's sober" crack by the military's top sex crimes watchdog was more offensive, one New York lawmaker says.
"This woman is not in the right line of work," Rep. Louise Slaughter (D-Rochester) said of the statement last week by Dr. Kaye Whitley, director of the Pentagon's Sexual Assault Prevention and Response Office.
Whitley's bizarre quote came as she released the military's annual report on sex assault, which showed a 25% increase in combat zones, including 22 cases in Afghanistan and 143 in Iraq.
In pitching "bystander intervention" to curb attacks and harassment, Whitley gave this example: "If you see one of your buddies serve drinks to somebody to get them drunk, maybe what you do is step in and say 'Why don't you wait until she's sober?'"
Slaughter was aghast. "I was really shocked anyone would say a thing like that," she said.
In effect, Whitley was telling the troops to "go after her when she's sober - that says she's fair game," added Slaughter, who sponsored the legislation that required the military to report annually on sex assaults and its efforts to curb them.
In a written response to The News, Whitley said Slaughter did not "hear the statement in the context of the overall prevention strategy of the Department."
The statement came from a poster in a military marketing campaign called "Our Strength is for Defending" that is aimed at prevention, Whitley said.
The poster reads: "My Strength is for Defending, so when I saw that she was drunk, I told him, 'Ask her when she's sober.' Preventing sexual assault is part of my duty."
Whitley's annual report showed that the number of sex assaults in the 1.4 million-member active-duty military increased 8% to 2,908 in the year ending in September 2008.
Whitley noted that only about 20% of the attacks are reported because of "the fear and stigma associated with the crime."
Just 38% of the cases that were reported eventually were referred to a court martial, she said.
"This is one of the problems," said Rachel Natelson, a lawyer at the Veterans and Servicemembers Project of the Urban Justice Center in Manhattan. "It's a lack of consequences. People think they can act with impunity."
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Peace and Wellness
Wings
Thank you. I apologize for the mistake. I thought that I had sent you PM as message as well, perhaps that message did not post.
I instant messaged (PM) you primary because of the women veteran issues that I was addressing. I will respect your wishes by not instant messaging (PM) you again.
Respectfully, please be advised that I have been a subscriber to this forum for many years, long before you and I say this free of disrespect and with the upmost humility. I was under the impression that it was okay to ask for ideas. I was not asking you to do my homework, legwork, etc. I just wanted to learn new ideas.
Over the years, I have learned so much from the vets on this site as well as other similar sites. We all are "Warriors without Weapons." All we have is each other. In closing, no veteran on this site has ever given me any wrong ideas and or suggestions. (Those that know me know that I research the research!) I cannot say the same for the VSO's, VA employees etc.
Additionally, I could never become upset, with another vet who offered their conversation and a few kind words of encouragement.
We are all disabled! All of us are fighting against the same system that has no LOVE for any of US!
I tried to send this to you for your eyes only but it was blocked.
Peace and Wellness
Humbly
Ladypoetry85
" Being disciplined does not mean one is being punished."
You wrote this to Bberta, but I'm Wings. I would suggest you post this information on the Hadit board. I am not doing any "homeowrk", if I can answer something, I do it at the Board, and not in personal emails. I'm not a service officer and I have no training. I don't do personal emails because I don't want to take sole responsibility for bad information. Have you thought about hiring an Attorney??? ~Wings
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Peace and wellness
My case is finally going to the BVA next month. I could really need some help with obtaining a template of how to prepare my brief that will get me what I need. I would appreciate your and any of the other hadits members help.
The issues of the appeal that I need the most help with are
worsening of condition for ptsd, major depression,anxiety, and the reduction of 100% P&T, and unempoyability. If I could get the template/guide I could use it to apply to the other issues on appeal.
If you can assist me contact me through my email here and or my email address.
Also, I have a couple of questions
1. I have 5 appeals that were supposed to be sent to the BVA.
In October 2008. I received a letter from the VA saying that I did not have any appeals on file. I have proof that the VA received all of the appeals because I either sent them via certified return receipt mail, or I took them in person and had them hand stamped by the VA. Jan 6, I received a letter from the RO that my file was being sent to the BVA and all of my prior cases had been closed. They are trying to say that I didnt file any previous appeals but this is not true because I have copies of them.Now I received a statement of the case in August 2008 denying all of the issues that had been denied in 2004, when I filed my original claim.For the past four years, they have continously sent me back for C*P for the same issues from the original claim that they have continously denied for over 4 years. All of which I filed appeals.
How did the BVA certify my appeal and not see that and question it?
2. I received the 90 day letter Letter of certification from the VA that my appeal was being sent to the BVA on Jan 6, 2009. I recevied the letter from the BVA in DC telling me that they received my appeal from the RO and on Jan.29,2009(postmarked)that my BVA hearing is scheduled for the March 18, 2009.
Is that fast are what?
My regional office never gave me any notification that my case was in the process of being certifieed. I wrote letters on all of my appeals that I wanted to review my claim before they sent them forward this did not happen. If I understand the regulations, my POA, attorney, and or in this case me should have received written notifuacation(at least 20 days) to review the claim. The VBA M21-1 MR states that they have 10 days and if no reply then forward a second notice and if no notice send the appeal forward. Please correct me if I am wrong. This did not happen.
THE SINISTER PART IS THAT THEY WROTE ME A LETTER IN OCTOBER 2008, AFTER THEY RECIVED YET ANOTHER APPEAL FOR THE AUGUST 2008 SOC FOR THE SAME ISSUES THAT HAVE BEEN ON APPEAL SINCE 2004 AND THEY WROTE ME A LETTER SAYING THAT I DID NOT HAVE ANYTHING ON APPEAL. NOW ACCORDING TO THE AUDGUST DENIAL LETTER, I WOULD HAVE 1 YEAR TO SEND NEW EVIDENCE, ETC. I SENT A APPEAL SO THEY SHOULD HAVE SENT THAT APPEAL TO THE BVA AS WELL. NOW HOW CAN I STILL HAVE TIME ON THE CLOCK FOR FILING ADDITIONAL INFO ON THE AUG STATEMENT OF THE CASE, HAVE NO APPEALS PENDING, AND RECIEVE A LETTER FROM THE RO AND THE BVA THAT MY APPEAL(That the RO says doesnt exsit and my case is closed) and have a BVA hearing next month.
Please forgive me using caps. My eyesight is bad. B) Your assistance would be greatly appreciated
Thanks
Ladypoetry
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Where did they bury the body?
They didnt bury the body! They just shredded it and sold it back to the guverment to be recyled into paper. Who in turn sent some of the paper to the tresuary department to make new money and the rest they sold to Charman to make toilet paper.
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"This is a story about four people named Everybody, Somebody, Anybody and Nobody.
There was an important job to be done and Everybody was sure that Somebody would do it.
Anybody could have done it, but Nobody did it.
Somebody got angry about that, because it was Everybody's job.
Everybody thought Anybody could do it, but Nobody realized that Everybody wouldn't do it.
It ended up that Everybody blamed Somebody when Nobody did what Anybody could have done."
B) B) B) B) B) -
Hey Sportfans
Does anyone know if the clevelend ohio VA is a member of theShredders Inc? Does anyone have any info on the Tiger Team VA Processing unit? My claim which was supposed to be sent to the DC Board of Veteran Appeals was sent to Ohio. They denied my claim. Okay sportfans, here is the real kicker so I would advise anyone standng to sit down because this is sure to knock you down and drag you across the floor. They said that my claim was a reopened claim. No it wasnt. If they read my c-files they would have known that this was an appeal to the VA Board of Veteran Appeals. I guess they didnt see all of the VA form 9/VA appeal to the board of veterans affairs.
Secondly, I guess they also didnt see the appeals paperwork contesting the illegal reduction of my 100% PT that was originally AWARDED AS A CUE BECAUSE THE VA MADE A ENTIRE ISLAND THE SIZE OF TEXAS, mistakes when they awarded it in 2004 and reduced in 2006 due to an alleged CUE because the same VA that gave it to me now stated that they made a cue in awarding me the 100% despite the evidence that said I was still eligable for the award due to my being unable to obtain and maintain employment.
I do believe that Jethro Modine, Barney,and the average 5th grader could have done a bette job in the proper adjudication of my claim! The VA ia one of few employers that pays their employees to make mistakes.
I suggest you write to the VAROs Director and CC this letter to the VA OIG-make sure the director knows you are CCing it.Tell the director what you told us here -
Or send the letter to the VA OIG with copy to the Director-
or you could send it to the H VAc instead or also-
Make sure the vet honors any deadlines-I guess they sent him an I-9 attached to this?
Does he have a vet rep? If so what are they doing about this-
This is a case of the exact crap they are pulling and it has to stop.
Department of Veterans Affairs
VA Office of Inspector General Hotline (53E)
P.O. Box 50410
Washington, D.C. 20091-0410
House Committee on Veterans Affairs
335 Cannon House Office Building
Washington, DC 20515
Subcommittee on Oversight and Investigations
335 Cannon House Office Building
Washington, D.. 20515
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Hey Sportsfans
It is obvious that the folks at the VA cannot count unless they are cutting the benefits of veterans. We ALL KNOW WHAT THE VA'S IDEA OF A COUPLE MEANS. They said that only a few, couple some,etc when the lied about the number of homeless veterans, they said there was only a slight increase in the suicide rates of veterans, They said the same thing when asked how many veterans were adversly affected by some of the medication that has and continued to be administered to veterans with mental illness. So congress should make sure that a real headcount is given when they fire and send to JAIL THOSE RESPONDSIBLE FOR THIS MESS!
I saw on the food channel that a large fruit company labels, counts and takes a picture of each grapefruit before they are packed and sent out for distribution. If a fruit company can track a piece of grapefruit surely the VA can do a better job than what it is doing :P B) :P
Recent VA News Releaseshttp://www.va.gov/opa/pressrel
VA Tightens Protections for Veterans Paperwork
Peake: Lapses "Unacceptable," Procedures and Accountability Tightened
WASHINGTON (Oct. 16, 2008) -- Secretary of Veterans Affairs Dr. James B.
Peake vowed swift action after a handful of documents related to
veterans' applications for financial benefits from the Department of
Veterans Affairs (VA) were found among documents identified for
shredding. The documents, which were not duplicated in government
files, could have affected veterans' eligibility for benefits.
"I insist on the highest possible standards for processing and
safeguarding information in VA's custody," Peake said. "It is
unacceptable that documents important to a veteran's claim for benefits
should be misplaced or destroyed."
Peake said VA's Office of the Inspector General (IG) is investigating
the misplaced documents, and anyone who violated Department policy on
protecting documents will be held accountable.
The documents were discovered by employees of VA's IG office during an
audit at three of VA's 56 regional benefits offices, which process
applications for disability pay, VA pensions, educational assistance,
home loans and similar financial benefits.
IG auditors found a handful of documents waiting to be shredded, which
might have affected the fate of veterans' applications. The documents
were returned to the proper offices for processing.
Retired Rear Adm. Patrick W. Dunne, VA's Under Secretary for Benefits,
immediately directed all of VA's regional offices to suspend all
document shredding while IG and VA officials determine whether the
problem is more widespread. Directors of the regional offices will have
to certify in writing that no original copies of key documents or
records from veterans' cases under consideration are being destroyed.
VA has procedures for determining the disposition of paperwork.
Original copies of discharge papers, marriage certificates and death
certificates are returned to veterans or families when no longer needed.
Duplicate copies of paperwork no longer needed are appropriately
destroyed to protect the privacy of veterans and their families."
A "handful" my butt)
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Shane,
Let me see if I can get this straight. The TDIU was effective April 2005, so that gives me two years.
What about the 100% P&T effective September 2008.
Thanks,
Betty
Hey Sportsfans! I would like to offer my 2cents if I may. Tread very carefully. I was awarded 100%P&T in 2004. I had other issues I was appealing, one of which was an earlier effective date. Now this should have been easy because I was awarded the 100% as a result of a CUE/VA's fault. I was reduced in 2006 back to the 60% that was awarded to me when I was medically retired from the Army. Yes I know that this was a illegal act on the part of the VA but it still happened. I filed a appeal/form 9/BVA request in 2006, and the VA has refused to forward it up to the BVA! This sort of thing happens to women veterans all of the time! esp if it was awarded for PTSD/Depression/Anxiety due to MST! As a result of the VA illegal actions, I am about to become homeless. I have a family and severe PTSD, Major Depression, Anxiety, Ankying(sp) Spondylosis of the spine, arthritis of the knees, sc for leftankles,left wrist back, severe asthma, migrane headaches SLE,and a host of other medical issues. I have severe mobility and use a electric scooter to get around and a cane. So please be careful.
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Last night one of the main topics Jim wanted to discuss at SVR radio was MST.
These radio shows take on a life of their own and he only briefly had time to pass the word- and will return to SVR with more info on this special resource he has developed-in the future.
Jim gets hundreds of emails every week in his VA Watchdog mail bag.Emails from veterans who have experienced sexual trauma in the military have had a profound effect on him and he has set up a special way in which these MST vets can share their feelings with professionals who fully understand the devastating nature of MST.
Jim can be emailed via VA Watchdg site for more info on this-
this does not involve a web site link or any Chat site at all- but private resources who are available and willing to help MST veterans.
Berta, Yes its been a long time since I posted. I have been in VA hell and well I am still afighting. In regards to getting in touch with Jim about MST related issues. Do I write him on-line,send it by snailmail or what? How do I get the snailmail address? I would like to talk to the guy Ineed help really bad. Please help if you can. I am they female vet who lost her 100% P&T two years ago because she went forward with her other appeals and they took everything back. You and the guys on hadit helped me. I have been around for a long-time way back in the day since about 1995 anyway......please help if you can. thanks. sorry for the big letters my eyes are bad! B)
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I cannot remember where I found it (a symptom of why I'm 80%, I'd forget my ass if it weren't attached ;-).
There are numbers down at the bottom, "MRC 136-01-908", but I couldn't get them to show up on ANY of the gubbermint's Form Finder sites.
Tell ya what, I'm just gonna sit here with my word processor and make us up a clear copy.
More shortly.
I cant get it to print. Please send me a copy of this form. Thanks
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Jay
Freud started out as a child psych. Most of them were during that period. They evolved into so-called higher forms and or levels of psych. As you know, a great portion of his a work was however based on lies and inflated stats! Majority of his research was conducted on his own CRAZY CHILDREN and his poor wife! He had a deep seeded hate for women. Well most women. Let's face it, the dude was a QUACK! If he were alive today, he would fit right in with the other quacks at the VA!
Take care and have a great day
Good points stretch. This is a typical tactic used by politicians to sell an outrageous idea....they conflate something that is moderately true (early intervention can help) with something that has NO proof like claiming that 100% (severe) PTSD vets can be "cured" by sending them to work. I just found it disturbing that no one even questioned those claims or asked for even a hint of proof. Sure, therapy helps some vets deal with PTSD symptoms, but it is very rare that therapy will have any large impact on a very severe PTS case, because severe PTSD involves sooo many other factors (depression, suicidal/homicidal ideation, hallucinations, OCD, GAD, etc, etc).The real disturbing thing to me is this notion that PTSD can be "cured" at ANY level. How can one cure something when they don't even know what it is?? Ask ANY psychiatrist what PTSD is (be sure that they don't merely list "symptoms")...they can't do it, because they don't truly know what causes it.
"Curing" PTSD would be like saying you "cured" a broken arm with morphine. What you've really done, in that example, is treat a symptom, which is all therapy and drugs can do for PTSD. The best one can hope for with PTSD is to learn to diminish their symptoms and/or learn to live a decent life with said symptoms.
Interesting fact: Did you know that parkinson's disease is basically identical (physiologically speaking) to schizophrenia (and other symptoms like depression, hallucinations, etc)? They both involve abnormal levels of dopamine (one being too high and one being too low). Could you imagine a parkinson's patient walking into a doctor's office and being told, "it's all in your head; get a job and use self-talk"?? No, that would be absurd. Yet, we tell people with physical problems in their heads (PTSD) that they should, in essence, "walk it off". It's a huge double standard and the field of psychiatry doesn't want to admit it because they want people to keep coming to them for a "cure".
The future of psychiatry is in the bio-medical side of things. PTSD, and other afflictions, are PHYSICAL disorders and, in time, we will know exactly how and why people have PTSD. But, for now, we let these over-educated retards spout their opinions as if they're facts, just because they spent 8 yrs in college and studied that idiot freud.
P.S. Interesting fact on freud: His theories are basically bent on the idea that all of our current problems have ties to childhood. Did you know that freud never studied children? How does one make such strong ties to development at a young age without ever having done studies on kids? What a joke:-)
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Way to go! Good for you! Wish yaa well!
Hello all!I'm new to this forum as I've spent much of my time at the forums of American Gulf War Veterans Association helping other veterans understand similar issues as my own, and I only recently re-stumbled across this forum. So, I thought I would share the successes that I've had with the VA and the appeals I've filed over the years and won finally reaching a 100% schedular rating.
Back in the late 90s I was rated 20% for fibromyalgia (among several other conditions) instead of 40% becayse the VA based that ratings for fibromyalgia (FMS) differentiate between episodic and chronic. Well, I immediately filed a NOD which ended up as an appeal. My entire argument was based on medical facts that clearly categorize FMS as a chronic condition, i.e. there is nothing episodic about it. I provided letters from my spouse and VA primary care physician, in addition to tons of official medical resources outlining the diagnostic requirements for FMS and the medical definition of FMS. In the end, I was granted full benefits sought on appeal and ever since then I've been rated 40% for FMS. Anyone rated at 20% I recommend they appeal that rating for the 40% given the fact that the VA regulations governing the FMS rating is not only outdated but it is factually inconsistent with known medical research and definitions of what FMS is (chronic) and what it is not (episodic). That was my first appeal won on my own at the DRO de novo review level.
The next appeal I filed also concerned FMS where the VA lumps in irritable bowel syndrome (IBS) and sleep disorder (primary insomnia) into the same rating. This too is medically inaccurate, as both are coexisting but completely separate chronic conditions. The VA then tried to say my sleep disorder was associated to my depression/generalized anxiety rating, but they were wrong given the fact that my sleep disorder surpassed those conditions into a separate medical condition all its own. I was eventually denied by two different VA regional offices (over a 4+ year span) before it went to the BVA in D.C.; and it only took 3 months (which blew me away as I heard it could take years before a decision is ever reached) at the BVA for them to return a verdict agreeing with my arguments.
I provided letters from my spouse, VA primary care physician, statements from the C&P examiner, and tons of medical documentation substantiating my argument. Though it took a little more than 5 years, I won on my own. I maintained my 40% FMS rating and received a 30% rating for IBS and (sadly) 10% for the sleep disorder (apparently the VA does not have a specific diagnostic code/rating for primary insomnia since most ratings lump such a sleep disorder into other ratings - e.g. depression, etc.).
So, after 10 long years battling the VA and winning my own NOD's and appeals I finally reached 100% schedular this past year.
At present I am on vocational rehab finishing my second degree this year; then I will be back to work early next year. My first degree is an AAS in Paralegal studies and my BA I'm getting at the end of the year is in Criminology/Criminal Justice. My first goal upon graduation is applying for the VA, DVA, and other Veteran service organizations. With my own success and legal background I very much want to be an advocate for veterans filing disability claims; plan B is working either for the police or in family law helping women and children subjected to domestic violence. If plan B, I still plan on volunteering time to any veteran needing help making heads or tails of VA regulations and medical issues as they relate to the codes, laws, and regulations meeting the requirements of such in order to have a better argument towards getting their claim(s) approved. So, we'll see.
Anyhow, I just wanted to share my success story. I will take some time to read over the other threads and learn of the good news others have had in getting their claims approved.
Thanks!
GW1 Veteran
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OK HAS ANYONE BEEN CALLED IN TO BE REXAMINED FOR PTSD IF YOU ARE ALREADY P&T FOR PTSD. I HAVE READ THAT THE VA CAN CALL YOU BACK ANYTIME THEY WANT FOR A NEW C&P EVEN IF YOU ARE P&T. JUST WONDERING AND IF SO HOW LONG WAS IT AFTER YOU GOT THE P&T THE VA CALLED YOU BACK IN. DOES P&T REALLY MEAN P&T OR DO I STILL HAVE TO WATCH MY BACK FOR A NEW EXAM. THANKS
I rec'd P&T for 2years before I was reduced back to 60%. No I was not working or trying to obatain work because I was too sick!
Yes, I had some other medical issues on appeal thatt the VA denied. I also requested an earlier effective date on my ptsd,depression, anxiety. (I was awarded 100 P&T in 2004-2006). Well, I was sent an appt for another C&P for my ptsd, depression, and anxiety. I saw two doctors. They schedule the exam 2 days prior to the anniversary of my sexual assault. I asked the VA, POA, women's vet coordinator for my ro for another date or cancelation. I was told I had to go. My origianl rating for ptsd, depression, anxiety was 50% I had that rating from 1988-2004 despite my millions of claims. Some of the elder members might remember me. Anyway, I go to the C&P and in Oct.2005, I was reduced back to the 50%! My case has been on appeal since. They were supposed to send it to the bva. They didnt They refused to give me a copy of the new C&P. They finally gave me a copy 2 days(I got the copy on a Friday and the hearing was to be on Monday.) before the hearing where I would contest the reduction. I asked them to reschedule the hearing. They said no. I filed another form 9. No answer. I asked them in writing why was this C&P scheduled when my file should have been sent for the BVA hearing no answer. I always take my correspondece to them in person and I send another copy by certified return receipt mail. I had 2 more C&P since then. I call and ask them about my case they tell me it is in adjudication. I write them and ask about my claim and I get no answer! It has been in addication for a long time.The other C&P was for my back and my leg ankle and knees. (All of these C&Ps were scheduled after the filing of the orginal form 9. I wrote and asked why didnt I receive confirmation from the bva of receipt of my form 9. No answer! Since then I have been diagnosed and treated for three more major medical disorders that were discovered in the C&P. These people do whatever they want and no matter who works on your claim if they want to deny it they will. Oh yea, the last C&P exam said I may have cancer! So I probarly will be dead before my claim is adjudicatted, My whole life gone and for what?
So to answer your question yes.
I want to thank the elders of this board for doing what you do. In my earlier years, you guys gave me information on appealing my various claims, gave me infor about voc rehab...and so much more. Thanks
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Does anyone have a copy of a hardship letter or knows what goes in one? If so please post it. I hope I posted this in the right place
thanks
ladypoetry85
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CONGRATS
NOW YOU CAN AFFORD MUSTARD ON A HAMBURGER!(lol)
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Dear sistervet,
I am very sorry to hear that you were mistreated at the VAMC! Please keep me posted on your health as well as your progress with your case. There are many female veterans who are expericing problems at the various VA hospitals. We need to advocate for ourselves more. Did you contact the VA's Women's Director in Washington D.C.? I dont know if it will help, any, but I would give it a try. If you email me I will give you her address and phone number. I would give it to you now, but I have to look it up. There is this organization called Women Organizing Women. Give them a call, they may be able to help you.
The director has been ill but you may be able to leave a message. Email me and I will give you the info or you can go on line Women Organizing Women.com
Stay strong
B)
Rita
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I am a 35 year old veteran who is a rape survivor from active duty in the USAF. I filed charges and the rapist was given an other than honorable discharge lieu of court martial. It was explained to me that..."the rape wasn't violent enough for him to get any real jail time." This happened in 1993. I served my enlistment and was medically seperated from the AF. I had two surgeries while in. I filed for my VA benefits for PTSD, Depression, endometriosis, and migraines. I was rated at service connected for all, but the PTSD was the only compensatable at 10%. I use the VA here in Indianpolis for my healthcare. In Nov. 2003 I had an unneeded surgery due to a nursing. The nurse looked at the wrong lab results and verbally reported them to a nurse practitioner who verbally reported them to the doctor. I had some complications after the surgery. The pain medication stopped my bowels from moving and I was in extreme pain. Upon speaking with the doctor on call, she said some things that didn't make sense to me. I am a lab tech and I understood her medical talk. I questioned her, but she gave me generic answers, but after a laxative, supository, at home enima and a visit to the ER for a more powerful enima, my bowels started moving again. I followed up the next day with the women's coordinator at the VA and she was unable to pull my lab results up. They showed as pending. That means the results were not complete or certified. I knew that the only other time I had been seen at the VA in 2003 was back in Feb. when I had had a miscarriage. The women's coordinator let me know that the hospital administrator and the chief of ambulatory care had been made aware of the situation and would be contacting me. When the hospital admistrator called I asked when their investigation would be complete so that I could know what happened and he said he didn't know. I explained that their are protocals in place for reporting and investigating such errors. He said he would get back to me the next week. That week I had a conference call with the admistrator, chief of ambulatory care and the women's coordinator and was told..."Upon their investigation and speaking with the nurse involved that she looked under lab results not pending results and she reported out the test result from Feb. of that year." The hospital admistrator asked me what they could do to make this right. I told him that I understood what he meant, but I wasn't prepared to talk about that. The women's coordinator noticed the change in my tone and voice pattern and asked if I needed someone to talk to. I said yes, but not at the VA. She set me up with someone at the Vet center. I spoke again to the hospital administrator and asked what mechanism they were going to put into place so that this couldn't happen to someone else. I explained that all other major hospitals have a safety step in their computer to where if a nurse/tech looks at lab results they can only see current admissions or a 7 day range. If they want to look at something older they have to physically type in a date range. This would have saved me. He explained that the VA in Indy is part of a national system and that no changes would be made. I inquired about nurse/tech retraining to show them how easily this mistake could be made. They catagorized this error as a human error. That is true, but they have a system failure, because it is to easy for the error to occur. I told him that maybe I need someone else to handle this for me, because I couldn't handle it myself. He then offered me 15,000 dollars to no get an attorney involved. That was the last converstion I had with him. Now, when you sue the government you have to give them 180 days notice and then you go into negotioations with the VA. We did this and after two years the offer they made me in writing was 15,000 dollars. I declined it. Offers went back and forth, all of which I declined. There are many more ugly details, but to get to the point... We just had a settlement conference with a Federal Magistrate and a U.S. attorney is handling the case for the VA. They wanted to come down from their last written offer because they want an offset from any money I received from the VA from the time of the malpractice to the time I get anything for the malpractice. Also, they want to hold my disability payments until the monthly amount equals the malpractice amount. Now, the money I get from the VA monthly is for my service connected disability that I came out of the AF with that I didn't have when I went in and the tort claim is for medical malpractice. They are two seperate issues, but the VA says they shouldn't have to pay twice. If the malpractice had occured at a hospital other than the VA, the VA couldn't come and say we are going to rduce your award by what we have already given you for your service conncted disability and hold your benefits until the monthly VA amount equals what you get from this hospital. The message they are sending is that if you serve your country and you come out with a service connected disability and apply and are approved for VA benefits then the VA gets a pass on anything negligent they might do to you. Has anyone else come up against this? If I win my case it will set a precident that the VA be held accountable, but the U.S. attorney already let us know the VA will appeal it. If we lose, the precident will be set in favor of the VA. This happened to me in 2003 and it has been 3 years. Our court date is in Nov. 2007 and the judge said we'd get a ruling in 2008. If the VA appeals the decision, I might not be done with this unitl 2009. There is much more to my story, but the details are very ugly and private, but what infuriates me so much is that if the VA had taken my suggestions about upgrading the computers (a software issue not hardware), retraing their staff I probably wouldn't have sued, but they have tried to make me feel as though I am only in it for money, which is not true or I would have immediately sued and not given any time researching what changes they could make to better their system and make it safer for our Veterans. I want to make it so that no other Veteran goes through this. I consider myself a pretty with it patient, especially since I worked in health care, and if this could happen to me, what are they possibly doing to other Veterans who never question their doctors. Also, I had the surgery on a Tuesday, my complications started on Wednesday night and I followed up on Thursday. The VA new their was a problem, they didn't ever notify me. If the complications didn't arrise, I probably would have never of known. If anyone has any advice for me of how to fight the United States of America, PLEASE help. We are all we've got and we need to stick together.
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Does anyone have any info on P3 profiles/compensation? I had a P3 profile for arthritis of my left anke due to a service connect accident where my leg and anke was broken. I also was diagnosed and treated for lupus while in the military. My profile read as follows : Left ankle arthritis, arthrits. No bending, stooping,crawling,jumping,running(may sub required 2 mile run with walking 1 1/2 mile in 23 minutes for PT test.), No prolong standing (over 2 hrs, without a 45 min. break.) This profile was issued in 1983. My record is full of respraining, and complications from my ankle. I was granted 10% when I was medically retired in 1988. Over the years my ankle and lupus has gotten worse. I must use a cane, walker, and electric wheelchair to get around. I filed a claim for worsing of condition mmost rencently, (2003). My case is on appeal. Iwas briefly awarded 100% for ptsd, severe depression, anxiety, unemployability, I received 100% for 2 years(July2004-Jan.2oo6. When I appealed some other issues and the effective date, the CUE'd me and reduced me back to 60%. I have requested assistance with locating military and medical records, but they refuse to comply with their duty to assist! When I requested a formal hearing I told the hearing officer that I was still waiting for records from the VA, I could not defend myself in the hearing because they refused to provide me with the records from my last C&P. I went to the hearing anyway and told the hearing officer what happened and they reduced me anyway. I have both of the VA manuels and I know them regs better than most so...I was in voc rehab 3 times. I have had 6 VR counslors since 1988 when I was medically retired. I was placed on independant living in or about 2004. My last scores were 35/40. My case is solid. T-bird,/ole timers crew, you guys helped me in 1997 to get in voc rehab again... My old handle was sistasoldier/sistavet.
I sure could use some help.
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Does anyone have any info on P3 profiles/compensation? I had a P3 profile for arthritis of my left anke due to a service connect accident where my leg and anke was broken. I also was diagnosed and treated for lupus while in the military. My profile read as follows : Left ankle arthritis, arthrits. No bending, stooping,crawling,jumping,running(may sub required 2 mile run with walking 1 1/2 mile in 23 minutes for PT test.), No prolong standing (over 2 hrs, with a 45 min. break.) This profile was issued in 1983. My record is full of respraining, and complications from my ankle. I was granted 10% when I was medically retired in 1988. Over the years my ankle and lupus has gotten worse. I must use a cane, walker, and electric wheelchair to get around. I filed a claim for worsing of condition mmost rencently, (2003). My case is on appeal. Iwas briefly awarded 100% for ptsd, severe depression, anxiety, unemployability, I received 100% for 2 years(July2004-Jan.2oo6. When I appealed some other issues and the effective date, the CUE'd me and reduced me back to 60%. I have requested assistance with locating military and medical records, but they refuse to comply with their duty to assist! When I requested a formal hearing I told the hearing officer that I was still waiting for records from the VA, I could not defend myself in the hearing because they refused to provide me with the records from my last C&P. I went to the hearing anyway and told the hearing officer what happened and they reduced me anyway. I have both of the VA manuels and I know them regs better than most so...I was in voc rehab 3 times. I have had 6 VR counslors since 1988 when I was medically retired. I was placed on independant living in or about 2004. My case is solid. T-bird,/ole timers crew, you guys helped me in 1997 to get in voc rehab again... My old handle was sistasoldier/sistavet.
I sure could use some help.
Holla Back
Your husband served with Honor and you serve with HONOR! I salute you!
Hud Vash Program
in VA Disability Claims Research
Posted
Greetings
Has anyone on the site applied or attempted to apply for the HUD-VASH program? Were you successful? Female veterans and veterans with families, have you applied for these services and were denied? Has anyone had any success with this program?