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johnwreno

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About johnwreno

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  1. Wanted to give a update to what has happened on my case First off I got a call last Tuesday to set up a C&P exam for one of the issues that was remanded and that is for my compression fracture of T1/T2 Next I got a call the following day Wednesday about 10:30am from the Seattle RO and they said they had settled my claim. They rated me 50% in 2008 and then in Sept 2011 increased that to 70% and a couple days later increased it to 100% because of TDIU. It's a start since my Attorney is going to question the start date since it was originally filed in 2004, and also have the lung issues and back issues but at least the money will start flowing and making life a bit easier To all who posted and gave me encouragement I thank you. This is something that has made me look at things I didn't ever think about. I'm thankful, and grateful for what I have got so far and I will be first to say that the 11 years I have fought this fight I never felt either and I had a gentleman tell me I was lucky NEVER over the last 11 years did I feel lucky, It has been a bit of a slap in the face of reality and I know realize I am lucky there are a lot of guys in the same boat and some like a good friend of mine aren't going to make it to see the end. For them it's too late which is a damn crime. Again thanks everyone Never give up Never surrender
  2. Understand your frustration, everyone tells me to be patient too, Dr's have patients I have absolutely NONE left dealing with the circle jerk lying SOBS. In my generation all it would take was one letter or phone call to a Congressman or Sen. to get things done I have to say I got chuckle out of the comment above My old fishing buddy was a trainer on the 105 recoiless rifle in Germany and wanted go to Nam, he put in 3 requests, and each time it went in the round file because the CC didn't want him leaving since he was the best trainer he had, so my buddy wrote his Congressman and was thrown off the base for 3 weeks then to a hop to NY and went to the Paymaster so he could get to Ft Lewis, they told him he had to get to FT Lewis before he got pay, so he had to borrow money to get to Ft Lewis and to make a long story short once at FT Lewis they told him he had to pay his own way to Nam. All because he wrote his Congressman, they labeled him a political nuisance but they did pay him back his cost 3 purple hearts Bronze Star and quite a few other medals. They ended up having to chase him out of Nam because he never wanted to leave loved it there, He told me once when I asked him why he wanted to stay there, hes said he liked the killing....kinda spooky but gotta have those who have that mindset without them we wouldn't have a chance. RIP QUAD MIKE
  3. Well fromwhat I hear the seattle RO is the slowest in the country, I mean with the documentation I have it really is a xxxxxxx no brainer was told that when I filed the claim in 2004 and it didn't take the bva judge long at all to see it either, The criminal command records are blacked out so much, that when I got them the VFW rep who use to work with me told me in the 20yrs hed been doing this he'd only seen 4 or 5 copies blacked out like that and they were covert ops in Nam, I was in peacetime at Ft Bragg I honestly try keeping my cool but I'm at the point I just want to kill someone maybe a few someones just so they get it but that is not the way I really want to go out. And I don't know how they will even complete the remand exams because no va DR , specialist , mental health, housekeeping , janitor person will ever look at any of my conditons again. I don't use any services at or threw the VA anymore because it or more so ME is a powderkeg ready to blow, and after this claim now going into it's 11th yr I'm so alienated from the actually world that I should just go get me a life sentence and stay in Soiitary confinementdill I drop,becaus that is what my life is right now
  4. I am just about to the point of giving the Regional Office a personal visit, then maybe they will understand why I have the Flags on my record here with the Portland Regional office I'm to the point I really don't give a F%&*'K who gets pissed off be it the director, the President, or anyone else that I see and tell them what I think about them.. Do your damn jobs and quit playing your games. 11 Yrs is BULLSHIT EXPIDITED SERVICE Not forgotten about and lied to
  5. Call or email Bob robert.a.mcdonald@va.gov 513-509-8454 New administrator of the VA I guess I called day before yesterday and someone called back yesterday morning You wouldn't be talking about the Seattle Regional Office would you?
  6. Rootbeer, My case is now in the Seattle RO on remand from the BVA on two issues. One Issue Mood Disorder to include PTSD was granted. Because I live in Washington State it went to Seattle which doesn't make sense to me since I use the Vancouver Clinic which is Part of the Portland VA and which is also a RO All I know is that my Attorney has tried for months now just to get the extension numbers of the people he needs to talk to and I've even lent a hand trying to use my few connections here to get them all to no avail. This claim is rolling on into the 11th year. I also saw your request for your FOIA. I did the same thing and 2.5 to 3 yrs and 3 signature files sent that they kept saying the never received I finally get the files, one week after my C & P hearing, how convenient for them that was. All I can say about Seattle is that the one response from them my Attorney sent me was just flat rude and typical of most of my VA experiences. Since I don't kiss there ass and walk the line they think they have the right to tell me to walk, I have to fight for every single scrap of anything. It's to the point that I don't use there services at all if possible, As long as I don't call them they don't call me, I've caught everyone I've dealt with over the yrs lying to me at one time or another, from mental health to housing and voc. rehab. My dr has no clue who I am or what ailments I have, and had no idea why I was on a narcotics contract. He asked me when I started loosing muscle tone in my left leg, His been my doctor for 7 yrs maybe I looked at him and ask how long you been my DR? What 5-6 years, My leg has been like this since 1997. And being on a narcotics contract I'm suppose to give a UA every six months, if street drugs are in my system I lose my pills. I had Pot in my system when I signed it probably 5 years ago. Havent done one since, and if he ask me I tell him I did labs and the UA and I don't know why it's not in his computer end of discussion. But I reasonitly went to the ER in Portland and told them in Triage I smoked pot and meth. My dr was on the phone the next morning reading me the riot act. He cut off my pills wants UA's once a week and if clean I can have a week prescription. They can keep them. After 25 yrs on them they don't do the trick. Ive come to the realization that the second biggest mistake since I signed up for the Army in 1979 was filing a claim for compensation and that this is not something I am ever going to win and it's never going to end. I might win but that in the minds of others, the cost of it to me and what I've gone thru over the years and had to deal with the VA doesn't have enough money or resources to make up for what it's done and what it has cost me. I wish you the best of luck and hopefully 10 yrs from now your not on here feeling as beat up and run over as I do
  7. jeff I am sure that is exactly it got held up, I unwilling didn't know that either filed for SC PTST in early 2004 and was denied and in Sept 2005 claim was closed. not sure of the time frames but filed for compression fractures in my back due to falling out a a perfectly good airplane and landing like a brick AIRBORNE!! and then later I figured I'd throw another one in for good measure for the half of lung I lost due to Valley Fever since I had Basic Training and AIT at Ft Bliss and dry arid conditions like the desert is how you get it by inhaling the spores in the soil, And I think I might have had my face in the dirt once or twice in Basic Training,,,,maybe. any way I just thru that in figuring they deny it since I joined the Army in Fresno in the San Joaquin Valley and the other name for Valley Fever is San Joaquin Valley Fever Now I get the decision back from the BVA judge and I'm thinking this is just for the ptsd. I know we had in appeals for the other two but the only thing they asked me was if I was on active Jump Status the whole time I was in and how many jumps I had and why I thought it was caused by my jumping . My pcp wouldn't write a letter for me but did tell me that unless I was 70 or so or fell hence Compression Fractures of t1/t2 that most likely that is how I got them. And as anyone sure knows that jumps out of a perfectly good plane you don't always hit nice and soft.......in the trees, roads,lakes. swamps, or dz's. the reopened the PTSD because the evidence wasn't available before the claim was closed and also granted the entitlement for PTST , but the remanded both the others to the RO. Now That is what seems to hold up the rating and eventual payments of the retro SC pay and monthly, And I believe they do this for a reason, it's something I believe is called staged ratings. and I am still trying to wrap my brain around that so someone else might best explain it to you . I also started with the VSO or VFW , but got to thinking about it even that those guys are working there ass off and doing what they can do for you they are still working and being paid by the veterans administration if im right . also they have and extremely heavy caseload so to speak. Mistakes are bound to happen and when they do only means one thing DELAY. DELAY. DELAY doesn't matter how much they are try help you . When I first used the VSO here to start the case you could pretty much walk in the door any time they were open and either him or his wife would be available. Now you almost have to have a appointment because anytime I have been by there lately which hasn't been to often since it's not a building I'm allowed in to , there is usually a line down the hall and around the corner most of the time. I guess I can only tell you what everyone tells me is try to keep yourself from having those thoughts and try to not go ballistic, i'll say that advise hasn't worked for me HENCE buildings not allowed in and police escorts on and off property, and I'm sure on a couple watch list somewhere. I always come unglued when some one tells me it's a process, or that this person or that person hasn't heard anything either and I really didn't give a damn about anyone else especially when I got pushed back for the Iraq/Afganistian coming back. But after seeing all the stuff on here and other things my attitude has changed some. And when it's done I'm gonna get my 20% back from my Attorney and be his research clerk unless I become over qualified by the time my cases are resolved, hopefully I can still do it from my wheelchair.....lol I've been told my whole life I needed to learn patients IT"S NEVER GOING TO HAPPEN Dr's have patients I DON"T
  8. Thanks everyone for the advice but unfortunately, it's come to late for me. I just don't have anything left in me or the desire to play the game anymore. I'm tired of living a life where every day is worse than the day before and people you think are your friends are just vultures circling to get whatever they can. and what you do have left and is important to your survival, sanity and only way to get around is going to be lost then I guess it time to just say They Win!! A person can only be beat down so many time before they realize to just stay down because its just not worth it and its damn sure no fun. In order to live in this world you have to interact with others, and for me that is just not possible.it never works. My 8th grade Principal had a plaque behind his desk that says it all If at first your don't succeed , Failure my be your thing!!
  9. Stretch., No need for you to say sorry I'm the one who seems to use grossly inappropriate behavior Seems I missed the line where the filter from the brain to the tongue reside. I apologize WHO is the VSO would that be the VFW who originally filed for me.? I have a private attorney now and I have know idea what P and T refer to I hired the attorney 5 yrs ago because I all different abv. and the constant reminders of it get me off kilter very quick, and it's not like I need any more of that medication.. I was also under the impression that everything in the Remands has to be fulfilled before I can get anything for the ptsd , and that if it's sent back to the bcv wasn't up to par, then it would be remanded again and I would still have to wait for the backpay and month, Usually when I talk to my attorney Its kind of a firestorm that when its over with I'm pretty much either almost in blackout mode or I'm just overwhelmed. thanx for the help
  10. Id like to apologize to all who read my lunatic rantings about about being called Bro and the stuff about this country. This is what I've been dealing with since this the kidnapping back in 1980 . how I've survived this long without killing someone or someone killing me or me killing myself I have no clue and how I have only had one serious felony and one misdemeanor in all that time is truly amazing. It really sucks that just a word or look or shrug of shoulders sets me on a instant trip into the galaxys and I have no clue im heading there I still feel like I can kick anyone ass on the planet and the more the merrier. BUT in all HONESTY if someone punched me in the face I'd probably cry...lol my sister told me in the mid 90's I couldn't go thru life beating people up, and said to her Why not its worked well so far. My ex told me I had no communication skills, and I'd pretty much have to agree with her, because until I went to prison in 1999 I communicated with my feet and fist. And never had a problem with people not understanding me .They usually got the message loud and clear the first time. One of my old roommates that I met while working CWT job in laundry was a Vietnam Vet and the first time I walked into the bathroom he's in there in a blind rage screaming I'm a god damn Vietnam Vet I xxxxxxx kill you no one else was in there until I walked, looked at him and thought hell if you want a job here youd better stay as far away from that crazy ass dude . We lived together for 3 yrs and he was actually the quiet rational thinking guy and people would ask how we could get along so well being so different , and he'd say that I knew he carried a concealed weapon at all times and 2 extra clips, and my reply was Yep and I told him pull it out and dump every round and use every clip because it doesn't matter to me Now trying to talk like a civilized person is a complete challenge for me which I'm pretty much a complete failure. The only thing I got figured out now is if I basically don't leave my house there is a good chance I won't explode that day. AGAIN I'D LIKE TO APOLIGIZE TO ALL OUT THERE WHO I MIGHT HAVE OFFENDED WITH MY EARLIER POST'S AND TO GEORGIAPAPA I checked into 5-c voluntary 4 day stay in the Portland psych ward and within 10 minutes on the floor they told me sorry but there is nothing we can do for you and released me after a federal worker took me there and told them I was homicidal first suicidal second And I have a unspoken agreement if I don't call the VA they wont call Me
  11. I'd like to try this again and just put out the Decision of My BVA hearing and maybe someone can walk me thru the smoke screen and double talk of what is actually being said Citation Nr: 1437976 Decision Date: 08/26/14 Archive Date: 09/03/14 DOCKET NO. 10-12 615 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Portland, Oregon THE ISSUES 1. Whether new and material evidence has been submitted to reopen a claim of entitlement to service connection for posttraumatic stress disorder (PTSD). 2. Entitlement to service connection for an acquired psychiatric disability to include a mood disorder and PTSD. 2. Entitlement to service connection for residuals of a T11-T12 compression fracture. 3. Entitlement to service connection for coccidioidomycosis. REPRESENTATION Appellant represented by: Brian Wayson WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD T. S. Willie, Counsel INTRODUCTION The Veteran served on active duty from February 1979 to August 1980. This matter comes to the Board of Veterans' Appeals (Board) on appeal from rating decisions by the Department of Veterans Affairs (VA) Regional Office (RO) in Portland, Oregon. The Veteran was afforded a hearing before the undersigned Veterans' Law Judge in June 2014. A transcript of that hearing is of record. The Board has reviewed the Virtual VA and VBMS paperless claims processing systems and has included any evidence pertinent to the appeal in the decision therein. The issues of entitlement to service connection for residuals of a T11-T12 compression fracture and coccidioidomycosis are addressed in the REMAND portion of the decision below and are REMANDED to the Agency of Original Jurisdiction (AOJ). FINDINGS OF FACT 1. A claim of entitlement to service connection for PTSD was denied in a September 2005 rating decision. The Veteran did not appeal that issue or submit new and material evidence within the one year appeal period. 2. The evidence added to the record since the September 2005 decision with regards to PTSD is not cumulative or redundant of the evidence previously of record and does relate to an unestablished fact necessary to substantiate the claim. 3. A mood disorder with PTSD is as likely as not attributable to service. CONCLUSIONS OF LAW 1. The September 2005 rating decision denying entitlement to service connection for PTSD is final. New and material evidence to reopen the claim for service connection for PTSD has been received. 38 U.S.C.A. §§ 5103A, 5108, 7105 (West 2002 and Supp. 2013); 38 C.F.R. §§ 3.156 (a), 3.159 (2013). 2. Resolving reasonable doubt in the appellant's favor, a mood disorder with PTSD was incurred in service. 38 U.S.C.A. §§ 1131, 5107 (West 2002); 38 C.F.R. § 3.303. 3.304 (2013). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS Veterans Claims Assistance Act of 2000 (VCAA) The requirements of 38 U.S.C.A. §§ 5103 and 5103A have been met with regard to the issues decided herein. There is no issue as to providing an appropriate application or the completeness of the application. By correspondence dated in July 2008, VA advised the Veteran of the information and evidence needed to substantiate a claim. The letter provided notice of what part of that evidence is to be provided by the claimant, and what part VA will attempt to obtain. The Veteran was also provided information regarding the assignment of disability ratings and effective dates. VA has also satisfied its duty to assist. The claims folder contains service treatment records, VA medical records, VA examinations and identified private medical records. No additional pertinent records are shown to be available, and the appellant does not argue otherwise. For the foregoing reasons, the Board concludes that all reasonable efforts were made by VA to obtain evidence necessary to substantiate the claim. No further assistance to the Veteran with the development of evidence is required. 38 U.S.C.A. § 5103A(a)(2) ; 38 C.F.R. § 3.159(d) . Accordingly, the Board will address the merits of the claims. New and Material Generally, a claim which has been denied in an unappealed rating decision may not thereafter be reopened and allowed. 38 U.S.C.A. § 7105©. An exception to this rule is 38 U.S.C.A. § 5108, which provides that if new and material evidence is presented or secured with respect to a claim which has been disallowed, the Secretary shall reopen the claim and review the former disposition of the claim. After reviewing all of the evidence of record available at the time of the September 2005 rating decision and in light of the evidence received since that decision, the Board finds that the new evidence raises a reasonable possibility of substantiating the appellant's claim of entitlement to service connection for PTSD. Accordingly, the claim is reopened. Service Connection Service connection is warranted where the evidence of record establishes that a particular injury or disease resulting in disability was incurred in the line of duty in the active military service or, if pre-existing such service, was aggravated thereby. 38 U.S.C.A. § 1131; 38 C.F.R. § 3.303. Service connection may also be warranted for any disease diagnosed after discharge, when all the evidence, including that pertinent to service, establishes that the disease was incurred in service. 38 C.F.R. § 3.303(d). Because there is an approximate balance of positive and negative evidence, the benefit of the doubt must be applied in favor of the Veteran. 38 U.S.C.A. § 5107(b) (West 2002); see Dela Cruz v. Principi, 15 Vet. App. 143 (2001); see also 38 C.F.R. § 3.102. In doing so, the Board finds that the Veteran has presented credible evidence to include testimony that he was personally assaulted in service. He is also competent to report psychiatric symptoms and the circumstances surrounding such. Layno v. Brown, 6 Vet. App. 465 (1994). Service personnel records show that the Veteran was assaulted and kidnapped in November 1979. Months later, in June 1980 discharge was proposed for the Veteran's failure to adapt to the Army. In March 1995, Dr. Altfas stated that the Veteran's mood and anxiety disturbance manifested long before 1985. In the June 2014 PTSD questionnaire the Veteran was diagnosed with a mood disorder and PTSD. The VA examiner found that the Veteran was exposed to a traumatic event where he experienced, witnessed or was confronted with an event that involves actual or threatened death or serious injury , or a threat to the physical integrity of self or others. The Board is mindful that a December 2009 VA examiner found that the Veteran's military stressors seem to have had a lesser impact on his disability compared to a postservice back injury and likely childhood trauma. Notably, that examination report's failure to discuss the Army's report corroborating the appellant's assault is, clear evidence that the examiner either did not have access to, or did not review, those important records. (N.B. The Army Criminal Investigative Division (CID) records specifically note that in November 1978 the appellant was, among other things, kidnapped, physically beaten, transported in the trunk of a car, threatened with a loaded weapon, and had his head forcibly dunked into water.) While the December 2009 examiner did not review the CID records, the examiner did state that if the assault occurred before any behavioral difficulties it would help to support the claim that the physical assault directly led to behavioral difficulties that directed impacted the appellant's mental health. While the appellant was punished on one occasion in October 1979 for being absent without leave, and while he was assaulted in November 1979, the severity of the assault compared to the relatively minor offense committed, supports finding that the appellant's current psychiatric illness is related to service. Given that the Board finds the in service personal assault, the lay statements of record, and the June 2014 PTSD questionnaire to be persuasive, the Board will resolve reasonably doubt in the Veteran's favor and grant entitlement to service connection for a mood disorder with PTSD. ORDER The claim of entitlement to service connection for PTSD is reopened. Entitlement to service connection for a mood disorder with PTSD is granted. REMAND The Veteran appeals the denial of entitlement to service connection for residuals of a T11-T12 compression fracture. He claims that this disability resulted from his airborne service to include 10 to15 jumps and some bad parachute landing falls. The appellant's personnel record corroborates the claim that he was a qualified airborne soldier. The Veteran has not, however, been afforded a VA examination to address his theory of the claim. On remand, he should be afforded a VA examination to determine any residuals of a T11-T12 compression fracture are related to service or any incident therein. Furthermore, in the January 2013 rating decision the Veteran's application to reopen the claim of entitlement to service connection for coccidioidomycosis was denied. He expressed disagreement with the decision in January 2014. The Veteran, however, has not been issued a Statement of the Case. As such, a remand is necessary. Manlincon v. West, 12 Vet. App. 238 (1999). Accordingly, the case is REMANDED for the following action: 1. A statement of the case must be issued addressing the claim to reopen the issue of entitlement to service connection for coccidioidomycosis. The Veteran should be advised of the necessity of filing a timely substantive appeal if he wants the Board to consider the issue. 2. Schedule the Veteran for a VA examination to determine the nature and etiology of any residuals of a T11-T12 compression fracture. The examiner must be provided access to the claims file, VBMS file, and Virtual VA file for review. After examination and review of the record, the examiner must opine whether it is at least as likely as not, i.e., is there a 50/50 chance that any residuals of a T11-T12 compression fracture are related to service or an incident therein. The examiner must address the impact of the Veteran's postservice 1985 motor vehicle accident and its relation to any diagnosed thoracic disorder. Any opinion offered must also take into account the Veteran's history and contentions and must be supported by a complete and fully reasoned rationale. 3. After the development requested has been completed, the RO should review the examination report to ensure that it is in complete compliance with the directives of this REMAND. The AMC/RO must ensure that the examining examiner documented their consideration of Virtual VA. If any report is deficient in any manner, the RO must implement corrective procedures at once. 4. Thereafter, the RO/AMC should readjudicate the claims. If any claim remains denied, the RO must issue a supplemental statement of the case and afford the appellant and his representative an opportunity to respond. The appellant has the right to submit additional evidence and argument on the matter or matters the Board has remanded. Kutscherousky v. West, 12 Vet. App. 369 (1999). This claim must be afforded expeditious treatment. The law requires that all claims that are remanded by the Board of Veterans' Appeals or by the United States Court of Appeals for Veterans Claims for additional development or other appropriate action must be handled in an expeditious manner. See 38 U.S.C.A. §§ 5109B, 7112 (West Supp. 2013). ______________________________________________ DEREK R. BROWN Veterans Law Judge, Board of Veterans' Appeals Department of Veterans Affairs What it doesn't say about the kidnapping is that a month after it happened to me the 5 people were caught in the act trying to stuff another member or the unit into the trunk of a car and were caught in the act, and witness that cid interviewed said that they were going to kill him because he was getting married and going to give up his jump wings and that's where I got involved and told the CID agents it happened to me a month before We were moved out of our unit and into headquarters unit for 3 months while CID gathered evidence for the court marshals I don't remember hearing it but it was basically Protective Custody, didn't have any job for that time. Maybe a month or month and a half later I was with some fellow members in my unit in Spring Lake NC hitchhiking when a car went by us then pulled over like they were going to give us a ride and one of the individuals who was under investigation got out with a shotgun and myself and one other took off running while the other two were told to pass a message to me to keep my mouth shut or I knew what would happen if I didn't . And at the same time that was happening one of the ones under investigation went to CID and told them that had attacked there car with a set of nun chucks and they wanted to press charges and were told they should talk to their attorneys before they made damaging statements, and in the end the CID didn't charge me for having nun checks because I went thru the proper process for checking them out of the Units Arms Room, REALLY ?? I don't remember that but I cant picture nun chucks in any arms unit of a air defense unit even though I did have a few personal sets several fellow members also told CID that they either knew or heard about me being kidnapped and were afraid for fear they'd be next , At the court marshals both myself and the other member were present, but I was never called into the courtroom, and then the next thing I know I'm sent right back to the same unit same barracks and same bunk, What is the most interesting thing to me is when they were initinally brought in they to CID for questioning everyone of them asked for an attorney and never said a thing. No these are E-4's E-5 so somewhere around 19 to 22 yrs In age. I also know you do have the right to remain silent, problem with that is most people don't have the ability I don't know if they eventually said anything because the 85 pages of the Army CID records are severely blacked out
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