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  1. Hello Berta,,, After being gone so long , it feels good to at least read some of the new dismal news about the VA. This article is excellent and shows how Monsanto and Dow are still up to their old tricks , while Veterans die from AO to the tune of about 300 per day. I was interested in trying to save the Russian Study that is shown as well as print it off but for some reason my computer will not print the study. If anyone can figure out how to save it and print it please do by all means. Hope your doing well Berta. Blessings to you . NEVER GIVE UP.....C.C.
  2. Hello Folks, I want to help post some new evidence showing that the Army Sm1a Nuclear Reactor at Fort Greely certainly had its problems and of course the Nuclear Waste from the Reactor with the Contaminated Soils. This document shows the State of Utah and its position of refusing to accept any of the Contaminated soil from Fort Greely, Alaska. This document can be used for those Veterans who have been diagnosed with Nuclear Radiation diseases and should be included in the Veterans Claims as part of the Evidence needed to prove those claims. I hope this will help those who are still alive and sick. Under all circumstances , remember to NEVER GIVE UP. Blessings , C.C. Fort Greely Nuclear Reactor Sm1a Contaminated Radiation soils DISPOSAL.pdf
  3. Hello All, This is such a unique subject and one that is extremely rare because of children of Vietnam era Veterans. We have lots of great research from Asknod and Berta which is so helpful. Well here goes . According to the VA Spina Bifida is acknowledged for Vietnam boots on the ground Veterans whose child or children are diagnosed with it. There are several points I do want to address. 1. The VA says that it is a presumptive so that applies for incountry Vietnam veterans and can be filed on the presumptive basis. However,,,,,,, should the Veteran be agent orange exposure , outside of the Presumptive guidelines meaning outside of Vietnam. Then the Veteran must prove his exposure thru Medical Evidence, Scientific and Environmental research and monitoring where it is proven that the base or installation had stored and used AO. We all are aware of AO use in other areas outside of Vietnam. (PLEASE see my post stored here of AO bases in United States and Alaska). This has to be supported by a good solid medical IMO/IME. This means that the claim must be filed as a direct claim and not a presumptive to meet the guidelines and to propel the claim further and onto decision phase or even BVA or even further to CAVC federal level. 2. Spina Bifida Occulta is the least and most common found. There are 3 grade levels of it. This is where it gets very trickey even discouraging . Because if the Grade 1 Occulta progresses to grade to II or III then the VA will and can award this to the child. I am currently putting together my claim for my son who was recently diagnosed with SB. I have just received the disks/cds for the MRI, Cat scans and the doctors initial diagnosis. There is no question that it is a cause for alarm and treatment is very limited and requires surgery according to the severity of it. It will get worse. So I recommend getting a second opinion and that one could show level II or III and then the claim is valid and the VA should not be able to list it as denied because of non probative or any other excuse. I am going to have to do research and find out how to get my hands on BVA opinions and such. It is limited as seen by searches for BVA hearings and decisions. 3. Should the VA deny the child claim for SB , it still is valuable evidence to show that the Veteran no matter where he served was exposed to Agent Orange. This is also going to need a IMO/IME to link the disease to the Veteran and Agent Orange. It is not going to be easy but it is valuable to the Veteran because then the VA must figure out where did the childs parent get AO exposure from to cause the disease. Yes, I am thinking like everyone else . Complicated and must need solid medical opinions and probably at the least BVA but more likely CAVC rulings because of how rare this is. As always the Veteran and in this case, the child of the Veteran must NEVER GIVE UP. Blessings , C.C.
  4. Hello All,,,,,yes great news indeed. Jerrel asked me to tell all of you thank you so much for the prayers. He said he knew that folks were praying for him. He was groggy when I talked to him but hopefully he will be doing better by next week. This is good news. What a blessing. NEVER GIVE UP. C.C.
  5. Hello All, After discussions with Tbird and Jbasser , I am asking for our members to please keep Jerrel Cook in your thoughts and your prayers. Many of you know Jerrel is the host for the SVR Hadit radio Program here and he has been relentless and unselfish in bringing shows and guests here to help our Veterans and Dependents as they try to work thru the Veterans Affairs claims process. Even though as we all know , Jerrel is sick himself. Jerrel took a bad fall yesterday and broke his hip and is scheduled for surgery today. Jerrel is one of the old timers here at Hadit and has always put forth so much care and love for our Veterans Community and now he is going to need our help so that we can come to his aid in Prayers and thoughts as he goes thru the surgery and his long recovery. We will try and post more as we find out more. Thank you all .Blessings, NEVER GIVE UP. C.C.
  6. Hello Andy, I am not boots on the ground Vietnam so all of the presumptives I had to claim as direct from Fort Greely Alaska , where Jerrel and I were at and some other members on the board here. I am service connected and awaiting more C and P for the direct exposure disease claims. Without question is the fact that AO was used extensively at Fort Greely while I was there and there are links in AO category at Hadit you can view. I am currently waiting on the official report in writing for my son and the xrays and scans. Once that happens then we are seeking another opinion. Here is your problem. There are 3 types of Spina Bifada. No 1, is the mildest and VA does not or has not paid on this one nor service connected on it. No 2 and No 3. are the more serious categories and VA will and can service connect and award benefits to the Child as well as medical. I have already been over this with my lawyer and now am going to get a second opinion on whether it is No 1 or No 2. Another important fact is Spina Bifida diagnosis in the child can mean very important evidence to the Veteran as show proof that he was exposed to Agent Orange/Dioxins. There should be a medical opinion from a doctor and it will be very difficult to refute this for the Veteran expecially at BVA or CAVC. Hence the question that arises for the VA in favor of the Veteran/Child is, If the Child has Spina Bifada and has a medical IMO supporting that Agent Orange as least as likely as not was the cause of iSpina Bifada in the Veterans Child, then how can VA deny exposure to Agent Orange in the Childs Veteran Parent??? I will try and post more as I work thru the evidentiary process and examinations and nexus process and will post more so that it will help you and other Veterans and their Children. This is a new problem that has not been discussed a whole lot because it is more rare than some think and it affects the child and most all claims are only on the Veteran . But thank you for your post and wish you well in your trek down the Spina Bifida trail. Remember to get a second opinion and I would look to Dr. Bash , who is well versed in this one. As always the Veteran must remember to Never Give UP. C.C.
  7. Hello Vync , ,,,,Yes I do because the Nuclear Radiation is still a problem. Also the Agent Orange was still there until 1984 when 50-70 barrels were found there. It is such a cesspool and is part of the Superfund. Hundreds of billions of dollars have been spent to clean up this post. He needs to watch carefully for tumors and lung , neurological bowel and heart issues Blessings, NEVER GIVE UP. C.C.
  8. Exactly correct Jerrel. The 3500 test involved in Project 112/Shad , have only resulted in roughly 20 of those test being declassified and brought forth by President George Bush in 2005 of which Jerrel was one of those participants. So why not release them all??? And only the early test were released??? Those in 1964 and 65 mostly. What about the test from 1968-1975??? The same year that Agent Orange was outlawed was also the end of Project 112/Shad. Now is that just a coinincidence??? I think not. If we as remnants from that era and especially from Fort Tumorville.....I mean Fort Greely continue to press it still is very tough because of the amount of money these laughable studies cost and come forth and squash any voice of reason from any one that trys to respond against its findings. And the amount of time that goes by will only bring out the truth of Project 112/Shad and Fort Greely in 2050 when everyone who could qualify for a benefit thru VA will be long gone. Sadly nothing has changed but we all have hope that TRUTH will be unveiled ........but when??? NEVER GIVE UP.......C.C.
  9. Hello All,, Fort Greely part of the main part of Project 112 has plenty of sites and lots of folks , such as me and my fueler . I got sick in 1997 and heavy Doctors testing concluded I have Severe Peripheral Nueuropathy of both feet and legs arms and hands with and AO and Nuclear as the cause. Now I have Pulmonary Hypertension, COPD, Restricted Lung disease , Pulmonary Fibrosis, Granulomatosis on my right lobe. On Oxygen for life. I have Agent Orange IHD with a Heart Attack , Congestive Heart Failiure . Colitus /IBD......RA with auto immune disease, Dry Eys, Agent Orange Prostate Cancer stage 3, Thyroid tumor on Thyroid. Colon tumors..... Yes there is nothing wrong with Fort Greely and Project 112/Shad or so "they" would have us believe. My fueler just got home from the hospital last week and they took out 1/3 of his upper left lung , 5 ribs because of cancer, and he goes back in to have his Adrinal Gland removed the end of this month and then to see another doctor on how to remove/treat a cancer on his Aorta on the heart. He was my best buddy and we were engineers(Heavy Equipment) going right thru the test ranges and hacking the Nuclear radiation waste dumping into the Jarvis Creek and the Agent Orange all over the base from the Allen Army Airfield to all the dumps and right aways , ALL the ranges,, Washington , Texas, Oklahoma, Delta, and of course the Gerstle RIver , The Trident Glacier training range Bolio lakes, Twin lakes, and Black Rapids. As Jbasser said HC is so ridiculous for VA to deny , delay and let them die. So what else is new with VA??? What about all of those people that were not in the Test but stationed as Permanent Party and had Jobs of trying to clean up the messes these test left behind??? What about the 2 soldiers from the Gerstle that were medivaced from the Ft Greely clinic to Ft Wainwright in Nov 1971...DOA. Autopsies later saying died from Pneumonia. Oh really......... What about their dependents and loved ones ? How are they dealing with this lie? We all cringed when we had to go there an clean up ? Not knowing what but if and when. And the Reactor(SM1a prototype) .....probably the biggest coverup of all time. Everyone from about 64-75 and longer is radiated . ALL THESE RANGES FOLKS..... It is not Fort Greely......IT IS TUMORVILLE.......Fort Tumor.. NEVER GIVE UP> BLESSINGS< C.C.
  10. I was so saddened to hear about Carlie. She was so good to me and when I ended up nearly dying in 2010 from an Agent Orange Ischemic Heart Attack , Carlie was checking in on me during my recovery to see how I was doing. She helped me a lot with claims issues and questions and was a well of Veteran information pertaining to claims. For those of you who maybe did not get a chance to know her or to benefit from her VA knowledge and resourcefulness and the way she tried to help our Veterans, we have lost a true friend to all Veterans , not just myself. Prayers are needed for her family and kindness to them. NEVER GIVE UP. C.C.
  11. Hello All,,,,, I have been reading some rather confusing statements by some concerning fees to be paid for by Veterans for legal representation. First it is illegal for any representative or agent to legally charge a Veteran for any work done on a claim before it is decided. So for our group , DO NOT pay for an attorney upfront. The 38 CFRs are very clear about this. The attorney/agent is to be paid out of the retro once the Veteran wins. If the Veteran does not win , then the attorney/agent receives no pay. Plain and simple. Also it is key to note that the attorney/agent is only allowed 20% of the retro by law. And if it goes to CAVC then only 25% MAXIMUM. There is a lot being put forth on this and it is not legal to pay for an attorney and this attorney can be in serious trouble. For some of our veterans to post anything about paying for an attorney is misleading and I am posting from the 38 CFR and from NOVA which expounds on this subject. It specifically states that if anything is put forth that exceeds the 20% retro AFTER the veteran is awarded is not to be viewed as under VA guidelines and laws and the VA will not acknowledge that agreement or pay for it. I would CAUTION any Veteran to not pay for any service by a Lawyer upfront. If you carefully read the wording of the 38 CFR listed here then you can better evaluate your lawyer and his or her knowledge of the 38 CFRs. I would challenge that Lawyers knowledge of the law if they are going totally against the 38 CFRs on payment to attorneys restrictions and guidelines. Please remember that Veterans are their best advocate and knowledge of the 38 CFRs are important , almost as important for a Veteran to NEVER GIVE UP. Blessings, C.C.
  12. Hello Gerard, I am sorry you have to go thru this. I know how taxing this is having try and fight with the VA on FTCA and Section 1151. I agree with Berta on what she is saying and want to add that the importance of an IMO or IME is key to your win. Your first objective is to get your SF 95 filed and like Bronco said within 2 years of the malpractice OR within 2 years of when you were made aware of it. Having the evidence to win or settle your claim is the key. Yes VA will try and settle with you for a very cheap amount at the local level. Meaning you VAMC center and that Justice Dept lawyer assigned to it. They only have authorization to settle with you for a trivial amount. Lets say that anything over 20,000 dollars must be appealed to Dept of Justice(NOT VA) in Washington , D.C. That is just the way it goes. Having a good attorney is paramount to representing you. Things have changed at the VA over the last 5-7 years. Also remember that an FTCA Tort claim must follow your state guidelines on Maximum caps. Check your state to see what the maximum cap is and know that you are limited to what they can pay you because of the cap in that state . It is very complex and hopefully you do not live in a state that has a low cap on FTCA. Also make sure you file for a large amount say 5 -10 times that of the cap. You cannot collect anything above what you claim but if you choose a lesser amount , you may have to actually go to court. That is the problem I will tell you that in almost all states it will take you about an average of 125,000 to 150,000 just to prepare for trail. You will never get what the MAXIMUM cap is for your state. That is not how the game is played. It is the evidence that prevails , both from your Service Medical Files , your doctors and the IMOs or IMEs that you gather. It is best if you put your datelines together , exhibits, and opinions together. Your attorney is not capable of knowing everything , but is able to pull the nuggets out of your records and to put that in order. Your doctors IMOS or IMEs are to be used with the FTCA to help the lawyer argue your case. It will be up to the veteran to get all of this information together for your lawyer. Please remember that if you settle you lawsuit under FTCA it by no means allows an automatic win for you at the Section 1151 level. It does give you power to show that the Section 1151 is still on the table and you are able to propel that CLAIM (Section 1151) forward thru its course. VA will vigorously defend against any 1151 claim. Moreso than the TORT FTCA. Also remember that should you prevail at the FTCA and reach a settlement or a win in court , that the money you receive will be deducted from your hopefully successful win at the Section 1151. You cannot be paid for both. For example , you are awarded 100,000 dollars in a settlement of your FTCA. And several years latter you win your Section 1151. The VA for instance awards you 100% Service Connected under guidelines of the Section 1151. They will deduct for instance roughly 2890.00 per month from the 100,000 payment of the FTCA. If it is paid back under the guidelines , then do the math. 2890.00 per month X 12 months equals 34,680 dollars a year. SO ,,,,,it will take nearly 3 years to get that paid back to VA. After it is paid back the Veteran can start expecting all of those benefits under Section 1151 to start at the month proceeding the paypack. Yes, it is complicated,,,,but the benefits could put you above the SMC , Special Medical Conditions that open up more of the Benefits awards and entitlements because you could possibly get over 160% Service Connected , if you are say service connected to about 70-90 percent. It took me 3 years and lots of hard work to win a settlement from Dept. of Justice in Washington and I put all of the evidence together myself and paid for 2 IMOS and IMEs . The 2nd group of lawyers , ( the first one lost his desire) paid for another IMO which gave me 3 opinions and all of them were scathing forcing the VA to put me into a "new" program that was unheard of and I was one of the first Veterans to then have my suit settled in less than 30 days. I am also talking about money in hand too. Now the section 1151 is ongoing and they have denied me which sets it up for BVA and I expect to win that. But who knows how long it will take. I think it is as Berta points out appaling of the number of deaths under FTCA and Section 1151 that never get decided FAIRLY or accurately. It is one claim of the VA that offers no real outs for the Veteran , nor their dependents. I do caution you to make sure that your IMO or IME is PROBATIVE and allows no wiggle room for challenge. How your knee heals with regard to a time line is so important. But if the doctor initially harmed you , and your IME can expressly bring this up then the timeline is of no importance and could be deemed moot by a good attorney that specializes in VA FTCA. First , get your FTCA filed (SF 95). Get a good attorney if possible. Study your Section 1151, FTCA rules. And last but not least........NEVER GIVE UP. Blessings, C.C.
  13. Hello All, I agree with Buck , this is the first time I have read something derogatory with Dr. Bash. I am only going off of my use with him and on 3 imos or imes. I was successful in 2 of them and awaiting DRO review and shipping to BVA for other issues that will have to be awarded because of multiple medical issues that are service connected. First , I was told by many that one of my cases, involving FTCA would not be successful, that from one doctor I tried to hire , and an ex Deputy director of Justice Dept, who was my initial attorney, and others on Hadit. Thru my diligence and study, my perservance, record digging, research on Hadit and encouragement from Jbasser , I successfully settled my case. One of only 60 in 2013 according to Dept of Veterans Affairs, Dept of Justice records. The other claim , was awarded because of the evidence, the opinions, the Service Medical Records , the 38 CFRs. As far as Dr. Bash , he is negotiable , and will work with you. He has over 4000 veterans claims he has done opinions on. If you can find another Doctor and one who knows the 38 CFRs and the Medical requirements of an IMO/IME please let this group know. When you see the other Doctors who I have used to write IMOS and IMEs you can easily see the difference. I spent a lot of money on IMOs and IMEs that just did not have the power needed to get thru. I have used VA PCPs and VA doctors to write IMOs and they were never done as they should be. Also I want to point out that the VA PCP WORKS for the VA and they are told by their superiors as well as the VBA to not step out and do this. IF you were to find a VA PCP doctor to write you one then I will just about guarantee you it will not be done correctly. Yes , every once in a while you will get lucky to find one to write an opinion, but I have fought with the VA for 9 years and have tried to get results from them. I have only had 3 doctors in the whole system who wrote positive notes and opinions for me. You, the Veteran , must do the research yourself. There is no other way. They are YOUR records. The 38 CFRs are there for all Veterans to read , study and understand them. Whatever is written in your records , can either damage or win your cause. Having the scale tilt in the Veterans favor is covered in the 38 CFRs , under the Benefit of a Doubt rule 38 CFT 5107,(b), Gilbert vs Derwinski, Hayes vs Brown. Sometimes the RO will get it right , but as most of us know it will usually take the BVA or even the CAVC to get it right for the Veteran. Having an attorney that is trained in VA law is one thing , but having a doctor that is trained in medical opinions that are ACCEPTED by the VA is totally another. You cannot get an attorney to make a medical opinion, just as you cannot get a legal opinion from a medical doctor. Having both a sound VA attorney and a sound Medical doctor that EXCEL in VA claims is the most proven way. There are enough of us here at Hadit who have tried both and used others and also Dr. Bash. If you do not look at your claim as an investment then you are certainly gambling. Your time is very valuable and as years go by on any claim with the VA , your chances of loosing are greatly increased unless you know the 38 CFRs , the number of VA lawyers, and the Medical doctors that can help you to win your claim YEARS down the road. If you choose to not look at your claim as an investment , then do little to learn the regs , laws, and your representatives , either legal or medical. You should try to put together a team to assist you, not some to do all the work , because no one knows your claim better that you. I would also take the advice of those who have done this the longest, have the best record of success, and those who have succeeded. Another way to put it is if I wanted to win a golf tournament , I would not pick the local pro. I think I would want to talk to Jack Nickalus. Yes Jack may charge more for his advice , but he has proven himself to know what it takes. If your local pro is so good then why doesn't he have a record like Jack. Just saying money and my own hard study and gathering of records will be given to those like Dr. Bash or an attorney you see here mentioned on Hadit. These folks have proven track records and they have experience with the VA. Do not be afraid to ask how many Veterans IMOs or IMEs have you done in the past? Or how long have you been practicing VA Law? And do not be afraid to ask some of the members here at Hadit who have been here a long time their opinions. Hadit is not a shouting board for any Veteran to just go against the grain of success and just plain go after our members who have been here a long time trying to help our Veterans. If you want to try it your way and are successful , please let all of our members know so we all can shout with joy for you. Many of us here , have been there, done that,,,,,,,,didn't work out the way we hoped and then backed up and looked at what works and is proven to work. Regrouped and tried again. Yea , maybe not 100% of the time but better than the way not chosen by those who have been doing this for a number of years. For any Veteran knowing the 38 CFRs is essential , a proven team of medical and legal reps.......coupled with the right attitude that a Veteran must always be reminded to ...........NEVER GIVE UP. Blessings, C.C.
  14. Hello All,,,,, First , If you have to worry about Dr. Bash then we need to shut this thing down and everybody needs to quit doing VA claims. He is one of the finest Dr.'s you will find. He is tireless , always thinking and using all of your medical records. His IME and IMOs are first class. Yes , he is expensive , but he also puts the others to shame with his knowledge and foremat on writing the Nexus. Dr. Bash has just done 3 for me over 8 years, including a FTCA malpractice. By the way I won that one but it took Dr Bash and 2 more IMEs to doit but I was one of only about 60 Veterans or Dependents of Vets that either won or settled their case . I was also one of the first Veterans that was placed in a new program in Washington D.C. at the Justice Dept. they told us and I was totally settled and money in hand in less that 30 days. Now the Section 1151 is taken longer and is totally different , much like a claim. If you are going bear hunting like your claim is. Then you must have plenty of gun and Dr. Bash is plenty of gun. I am going to use him again as I zero in on about 5-6 disease that are suppose to bring 100 percent. Yes I am bear hunting and those of you who have tried other ways with other doctors. Good luck with those methods. I use Dr. Bash and use others also , BUT always together to make sure the VA cannot stack the deck. If you don't have the money then take out a loan. You are talking about putting your claim into the arena where the VA and the C an P and DROs love to chop them up. I won my FTCA Malpractice claim when many on this board said no way. I was diligent , aggressive and got 3 doctors that basically choked off any chance of VA denying it . And I had great exhibits. Oh yes when Bear hunting , it is best to put 3 or 4 heavy bullets into the bear. The more bullets ( doctors) you have the better chance you have to succeed and put that bear down. Ok...just my opinions and suggestions which have aready hows yours doing......Above all.......The Veteran must always believe and to NEVER GIVE UP....C.C.
  15. Hello All,, Your welcome Detel, To prove the Congressman and Senator route is fastest. I just received a call from My Congressmans rep and he emailed me the C and P that I wanted . It took one week. That is the second time and it came within one week on the first one. Hope this helps and blessings . Remember.....NEVER GIVE UP...>>>>C.C.
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