Deepwater sailor

The other day when asknod posted the reply below, I decided not to answer his diatribe and frankly not to post on this site again. But after a few days and a re-read, I’ve decided to defend my post and my honor. My claim should need no further defense. It would require the US Supreme Court, to undo my service connection. Below in Blue, I answer asknod’s assertions. While I have battled VA, with the pen, these are the first postings I’ve ever made to a social media. My inexperience shows… so should my honesty! Deepwater Sailor asknod Posted 12:45 PM (May 27, 2015) Dear Joseph, Wowser. There's so much wrong with this, I'm not sure where to begin. To start with, an unbiased person would agree that large & bold type is aggressive and predictive of that intent. You should note that my content under “No Time-line After CAVC Reversal for CUE” is not in large & bold type. Why this PC program reversed the large & bold type passages, I cannot say. Asknod’s comments are the large & bold type under the topic. <<<At the end of each communication, VA threatened to dismiss my claim, if I did not comply.>>> Impossible. You obviously read more into it than was there. If you have it in writing, I can guarantee you hundreds of thousands of dollars in equitable relief from VA Secretary Bob McDonald. Contrary to asknod’s opinion of “impossible”… the threat was included at the end of communications. I mis-spoke when I implied all communications. But it was definitely part of the orders to C&P exams. I’m glad I have it in writing, that asknod “guarantees” equitable relief for this occurrence, though I’m not sure what good it will do me. <<<<Unsatisfied with these diagnoses, VA requested some of the doctor’s change their diagnoses. These requests were illegal and fraudulent, they are also in the record, much to VA’s chagrin and I suspect that of the doctors involved.>>> Again. Impossible. If VA was foolish enough to send a commo to a doctor ordering him/her to rescind a dx, it would be in the c-file. I see no mention of you saying you have possession of same. The CAVC Record Before the Agency (RBA) does not support your version of the claim. VHA doctors are not at the beck and call of the VBA. Once again, asknod’s “impossible” is in fact possible and posited! He states “I see no mention of you saying you have possession of same.” By saying “they (the diagnoses requests) are also in the record” I am admitting knowledge of their presence in the record and therefore it is legally in my possession, but you should already know this. To say nothing of the hard copy I possess in my ROA. If you read the doctor’s 6-2-03 addendum (you claim they are attainable) you will note that he confesses BVA made comments to him. <<<<<<At one point an examiner stated I was not credible because I had “requested” so many C&P exams.>>>>> You are not allowed to request an exam. VA is the only one who can order one. It also has to be in conjunction with a pending claim. If you show up for one before you file your claim with an 8-page summary of why you should be awarded PTSD and the exact rating %, VA will get the idea you didn't just fall off the turnip wagon and might be in this for the $. Asknod states “you are not allowed to request an exam”. I believe this is correct, but the doctor’s addendum in reference states “Firstly… (he) had three evaluations in a five-month period… (this) strongly suggests an attempt to keep coming back for evaluations…in other words, one must wonder if he was… if you don’t succeed at first, try, try, again.” This undeniably challenges my credibility. This challenge was later dismissed by an examining doctor that pointed out I was not “requesting” the exams, but was ordered to attend. “… if you show up… with an 8-page summary…“ refers to a letter requested by a doctor in July or August 2003. At our next appointment I discovered that doctor was no longer at VA. It is documented in a letter August 11, 2003 to the doctor that replaced her (in my understanding) and also by a later BVA review of the matter, which deemed my letter acceptable. This obscure fact, 12 years ago, was not ‘googled’, but is surely the product of intimate knowledge of my claim. <<<<Disabled American Veterans (DAV) was recommended to me and I made numerous efforts to enlist the help of DAV, only to be rejected by Mr. K.G. in his condescending manner>>>> Again, improbable. Unless you actually had a POA with another VSO, DAV would have snapped you up for the $250 POA fee from VA. They are driven by money. The BVA decision rebuts your statement. It states you were repped by DAV. This denial of the facts is baseless. The actual date of DAV’s association with my claim will show that for a period of time, prior to my claim’s first trip to CAVC in 2006, DAV was NOT associated with my claim. It will also fit the timeline my statements suggest. Asknod left out the reason Mr. K.G. gave for rejection… “that I began with someone else”. Initially, my POA was with American Legion, but when I asked for help gathering evidence, that representative said he didn’t do that. Months later (my claim was filed September 1999), an interim DAV representative, Mr. K.G.’s predecessor, suggested I withdraw my POA from AL and allow him to work on my claim. This I did and the interim made preliminary efforts on my behalf. A letter in my c-file was ghost-written by him (he did not yet have my POA). Before he was able to accomplish much, he was transferred to Tennessee and Mr. K. G. became the DAV representative. He and the AL representative shared an office complex until the AL representative retired, some years after Mr. K.G.’s refusal to accept my POA. When I approached Mr. K.G. in 2004 or 2005, he refused my POA because of my prior affiliation with AL, even though it was terminated. My posted comment was “This was absurd, but nonetheless true”. So again… my words are absolutely correct, if somewhat incomplete. <<<< I retained representation by B&M, a veteran’s law firm in Bethesda, MD. During that time, the Court decided I also needed to be represented by a service organization. >>>> Impossible. You can only be represented by one entity at a time. First of all, VSOs do not have attorneys-ergo they do not go to the CAVC to represent anyone. If Bergmann and Moore offered to represent you at the CAVC, it was for the limited objective of pro bono work on the appeal. Unless you contracted with them for post-CAVC work on the remand, that would be the end of your business relationship with them. Second, A CAVC judge cannot order you to be represented by anyone Asknod’s claim this is “impossible” shows first his bias and secondly that he doesn’t know what he is talking about. I stated the facts carefully, my attorney did call about VSO representation and did say the Court wanted me to be represented by a VSO. After my claim was remanded by CAVC in 2006, DAV was listed as my POA. I did not suggest that DAV had an attorney at CAVC on my behalf, nor did I suggest that CAVC ordered me to be represented. Asknod’s use of the term “pro bono” is done in a disparaging way and is incorrect, as he indicates later by citing how much the lawyer was paid. “Well paid” is a subjective description and when you exist on less than $1400 per month, $14,500 for writing a brief, which is laid out for you, seems “Well paid”. In both cases (2006 & 2014) the briefs were written in a couple of man-days, judged by B&M’s contact with me at the time. I stated “I declined their offer…”, which indicates their association with my claim is ended. <<<<The Court assigned DAV to my claim and my attorney and VA jointly agreed to remand the matter.>>>> Impossible. The CAVC assigns no one to anyone and has no control over who represents you legally. You're horribly mistaken or subject to flights of fancy. Please reread your CAVC reversal (13-0218). You will find no mention of this and a review of the docket run doesn't show it either. Here again asknod tosses out the word “impossible” and again he shows his bias. A review of the record will note that DAV became my POA in the same time period as the remand of 2006. Asknod’s suggestion I am “subject to flights of fancy” is undeniably a personal attack on me and my credibility. It is also absolutely wrong, for the reasons just given. I did not suggest DAV’s assignment was part of CAVC’s decision. I surmise it was an aside move, out of concern for my claim. <<<My attorneys were well paid for their service. >>>> What have you been smoking, cowboy? The lodestar for EAJA fees tops out (in 2015 $) at $187/hour. A good ambulance chaser can get $450/ hour or 40%. You must not be in the loop on VA law dog fees these days. 20% is the law determined by Congress. You contracted with B&M for pro bono only at the CAVC. They didn't get 20% of anything. Here, asknod attempts to show his knowledge of the process and regulations. He refers to fee schedules that no normal veteran would have any idea about, or at least this veteran. I did not suggest B&M received a percentage of anything, coming from the CAVC 2014 reversal. He tosses out the term “pro bono” again, like a cheap suit. I have news for asknod and those of his ilk… I have a letter signed by a senior partner at B&M stating “you… agree to pay B&M 33% of any past-due benefits you are awarded by the VA”. In addition to that, there is attached a sticky-note with a hand-written estimate of past-due benefits and signed by their representative. I’m not qualified to comment on the legality of the offer, but I assure you… I have the letter and it’s 33%. <<<After months of nothing, I inquired about the required expediting only to be told they “only pay lip-service to that law”. >>> I hope you have that on audio tape or in writing. File it with your Extraordinary Writ of Mandamus and you'll have your $ in 60 days- including sanctions. Gotta be proactive in this game. You can't sit on the front porch with a pair of binoculars watching the mailbox. Unfortunately, I do not have that statement recorded, but it is one of common use around the Fort Harrison, MT VA as it was repeated to me by a number of VA and VBA employees. A few of which, I am sure, would readily admit to its use. <<<Then they offered to prevent this continued injustice and see that the Court’s orders were carried out… for a 1/3 share… which was over 5 years of benefits.>>> This is libelous and untrue. No VA attorney can charge more than 20%- period. The attorneys at Bergmann and Moore, while perhaps not the brightest lights on the Christmas tree, are officers of the court. They are obligated to obey the law. If any one of their staff offered this to you, they would lose their license not only to practice VA law, but their credentials at the CAVC,the Fed. Circuit and the Supreme Court as well. Further, they would be disbarred from practicing law entirely in the state they are incorporated in. I could almost believe this tale of woe until you stated that. If you have it in writing, which I know you do not, I'd like to put you in touch with any number of attorneys who would die to have your case. They would be famous for life and Bergmann and Moore would have to take down their shingle. Asknod’s statement “This is libelous and untrue” is the only libelous and untrue statement in that section. Asknod does not reserve his disparaging remarks just for me, he is critical of the law firm he mentions: “not the brightest lights on the Christmas tree”. As just stated, I have a signed letter on B&M letterhead offering their services for 33% of recovered benefits. I would ordinarily appreciate contact with “attorneys who would die to have your case”, but considering the source of contact… I’m not so sure. <<<In desperation (I’m about to lose my home), I recently sought ‘un-official’ advice from another service organization, since DAV still refuses to assist me.>>> File a notice of financial hardship with the Ft. Harrison VARO and send them proof of eviction, unpaid bills, foreclosure statement, etc. You'll have it accomplished in about a month. Better yet, call or email Allison Hickey and explain this faery tale and she'll have it done in three days. I'd skip the part about Bergmann offering to do it for 33%. You'd get more traction telling them Glen Bergmann was abducted by aliens in his youth. Or, if they do, they will investigate B&M up one wall and down the other. If your allegation is untrue, you are liable for slander and they can sue you--and they'll win. I have shown VA Fort Harrison proof of the risk to my home and my occupancy, more than once. I showed VBA to no avail. I showed the business office both the proof of risk and CAVC’s decision, due to their dunning an average of 12% from my fixed income, for co-pay. It did no good, I was told “it is not in the computer” and they continue their dunning. I often have to buy groceries on credit, due to their garnishment of co-pay for meds to treat my diagnosed PTSD, etc. <<<Too… I wonder how CAVC Judge S. would feel about “lip-service” to the law and his order.>>> The only CAVC Judge with the last name of S. is Judge Mary Schoelen. I have met her personally and trust me when I say she did not have a sex change operation unless it occurred after April 18th of this year. Are you sure you aren't talking about an encounter with some Judge "S." over at Social Security? This is nothing but a braggart’s vitriol. It makes no sense nor does it, in any way, have anything to do with my claim, ordeal or anything else I can think of… just pure vitriol. My only mention of CAVC Judge S. was to wonder about the Judge’s reaction to lip-service of the law and the Judge’s order. What does that have to do with the Judge’s gender or her sexual persuation. I made NO mention of an encounter. My documents only say Judge Schoelen and it is customary to use “his” when the gender is unknown and unimportant. My mistake. There's so much wrong about this story as to impugn your credibility. First of all, the moment you enter the CAVC, all your privacy goes out the window. I know. It sucks but that's the law. I looked up your case, sir. It's right here (CAVC 13-0218) and I find nothing by Judge Schoelen "assigning" a DAV rep to your claim. Glen Bergman was awarded $14,500.00 for representing you- hardly an exorbitant settlement for his services from 3/27/2013 when you hired him through the EAJA dance December 9th, 2014. Your BVA decision (02-05 667) clearly shows you were represented by the DAV during the whole claim at Fort Harrison, Montana so either you disremember what happened or you have a grudge against the DAV. Nowhere in the BVA decision does it reflect that any doctors' false diagnoses or revisions of prior diagnoses about your mental state. Here asknod again attempts to impugn my credibility. He admits “I looked up your case, sir.” The fly in the ointment here, is nowhere did I reveal any personally identifiable information, other than an email address unique to these postings. There were no searchable quotes, no dates, nothing that would allow for a successful search of the CAVC database, available to the public. As stated above, when my claim came back from CAVC in 2006, DAV was listed as my POA, but not before. To this veteran, that is assigned and Mr. K.G.’s resentment augments that assumption. Asknod fairly proves his illicit access to details of my claim. Considering the obscurity of some of his details, he fairly proves his familiarity with my claim. This is undeniable. B&M’s settlement of $14,500 for a few man-days writing a brief is exorbitant to a disabled veteran on a small fixed income, that is monthly garnished for co-pay of medications, necessitated by active duty trauma, while VBA drags their feet for 16 years. Asknod’s suggestion the amount was for work from March 2013 until December 2014 is a misrepresentation. B&M did nothing on my claim until the last few days prior to the writing of their brief. I checked with them more than once about progress only to be disappointed. I have no “grudge” against DAV. What I have is actionable neglect! The 2014 CAVC decision does acknowledge VA’s improper request of diagnosis change and includes a copy of the letter from VA to the doctors. The doctors did issue addendums, reversing their diagnosis of PTSD, because they 'could not be certain'. As pointed out by counsel, certainty in not required, only “as likely as not”. They did hedge somewhat by stating my symptoms are so severe that I am unemployable. At a later C&P exam, I was administered the “three most probative tests”, one of which was “considered the Gold Standard”. The result of these tests, as shown in the record, is “chronic & severe PTSD and “chronic & severe depression as a result of untreated PTSD”. This is acknowledged by CAVC in 2014 and therefore is reversible only by the US Supreme Court. I suspect… that ain’t happenin’. It is important to stick with the facts so we teach other Vets how to accomplish this. Wild-eyed reports of treacherous lawyers and evil DAV reps are not a positive example of responsibility when reporting back what happened. I understand you suffer from severe PTSD but that cannot be the predicate for grossly misrepresenting the history of your claim. No one, least of all Vets, benefits when you distort the true facts. In this case, anyone with a elementary school education can follow your trail of breadcrumbs and see the inconsistencies. I don't mean to bash you or demean you. I merely wish to point out this is a forum to teach from-not to malign VSOs or the VA. As for Mary Schoelen, the Judge is unimpeachable. She comes from a military family and has the utmost respect for law. She would no more order a Vet- any Vet, for that matter- to obtain VSO representation. Good lord, Peter. She comes to us from the best of judicial outfits- the NVSLP and NOVA. Are ya kiddin' me? I could see her suggesting you go out and get better legal representation than B&M but even that would be highly unlikely due to her professionalism and judicial mores. If you don't know the gender of your Judge, you may have had trouble digesting the rest of the facts. Asknod’s assertion of “wild-eyed reports of treacherous lawyers and evil DAV reps” and “grossly misrepresenting the history of your claim” is the ONLY misrepresentation here. I have made every effort to be exact with my statements. To state the facts as they exist, sans avoidable emotions and without exaggeration or misrepresentation. When the truth of matters and the decisions on those matters is considered, there are no inconsistencies! I sincerely hope you are right about Judge Schoelen. It was not my intent to impugn her in any way, shape or form and I don’t see where anything I said fails that. I have no reason to doubt her nor did I knowing do so. The VA and the VLJ attacked your credibility for a number of reasons. You claimed Seaman Boyll died right there in front of you from his burns but he didn't die for three more days. You did not cite this as one of your stressors when you filed the claim earlier. You see the problem? It looks to VA like you were making it up as you went along. I, for one, believe you because you are a fellow Vet. VA doesn't just buy into that logic. Every one of us is trailer trash and out for a quick compensation buck in their eyes. Let's not give them any more ammunition to think that. The CAVC decided and ruled my mistaken belief he was dead on the spot was understandable due to the “gravitas of the situation”. My initial stressor statement did not include Fireman Boyll’s death, because there were numerous stressors and I did not want my benefits rested on his dead shoulders. To me that is understandable and far more honorable than accusing me of “making it up” as I went along. Besides, it is the one thing I was able to document. VA refused repeatedly my 6 letters requesting specific DOD documents that I know exist, ergo B&M’s point that VA failed their duty to assist. The long & short is… though VA attempted to impugn my credibility, there is not one court recognized inconsistency, not one recognized misrepresentation or lie. The court accepted my claim and admonished BVA on more than one occasion. And as a last footnote. Mr. Bergman asked for reversal in the Appellant's brief-not another remand. You stated above "My attorneys began again saying remand was "the best I could hope for", but this time I refused, up front, to accept a remand and insisted they read my statements concerning VA’s fraudulent prosecution of my claim and seek reversal of VA’s denial of benefits." Whereas Mr. Bergman stated "On appeal, Mr. S. submits that the Court should reverse the Board’s denial of PTSD service connection, and its finding that the Secretary satisfied the duty to assist. The Court should also hold that the Board erred by not remanding for compliance with its prior remand instructions, and failed to provide an adequate statement of reasons or bases." Here again, asknod demonstrates an inability to comprehend my written word. Slow down your “nod” bobble-head and pay attention. I stated that I refused a remand “up front”, in other words before B&M submitted their brief to CAVC in 2014, I refused to accept another remand and insisted they seek reversal. This refusal was in response to B&M’s 2nd assessment (2014) that once again “my best hope was a remand”. Law is a matter of record. In your case, there is a wealth of it. You cannot reinvent it or view it through rose-colored sunglasses. Mr. Bergmann won your claim in it's entirety. Had you allowed him to pursue it to it's logical conclusion at the Fort Harrison VARO, you would not be in financial straits now. That is the difference between DAV LeagleBeaglezoom.com and a good VA attorney. You get what you (don't) pay for. J1VO Here asknod seems to be advocating B&M’s desire for 1/3 of my benefits. “Had you allowed [his cut] you would not be in financial straits now… you get what you (don’t) pay for”. Why should I, or any veteran, be forced to forfeit 1/3 of their past-due benefits… just to get VA to follow the Court’s orders? This smacks of collusion! Question: What is J1VO? I see it at the end of several posts, by a couple of contributors. It is unfamiliar to me. Question #2: Assuming for just the moment, that I have been completely honest and that I have what I say I have… what would YOU do? An adage comes to mind: “Cast your line one more time”.

Tbird, Please re-read my comments on asknod & then the comments by asknod. He had information that he had no legitimate access to. You can't google obscure details from unpublished proceedings. You suggest he called it as he saw it... so did I. If you knew the TRUTH about his accusations, you would realize the TRUTH to my comments. I'm not looking for a pi__ing contest here... my original hope was to draw attention to the mishandling of my claim and gain some honest help from someone, somewhere. I made real effort to eliminate emotion from my posts prior to this. I'm actually surprised at your reaction. It's undeniable his comments were an attack and demeaning.

Berta, I am empathetic to your plight, though I don't know what most of those acronyms mean. I take from your posts you were not fooled by asknod's tirade. I don’t understand why a “veteran” would become so viciously angry with another veteran for posting their troubles. It leads me to think “asknod” is not a veteran, but one of “them”, VA, BVA, etc. He or she (I don't know which) writes with the same illogical, irrational rationale (redundancy intended) as the person at BVA who has caused me so much trouble over the years. So much so, I think there is a good chance, they are one in the same. This person "asknod" responded to my post, in just a few hours, with details that only someone intimately familiar with my claim would know. Details that were settled many years ago and no longer relevant to my claim. Details NOT included in the CAVC decision. It seems implausible that someone from Gig Harbor, Washington would be intimately familiar with my claim in Montana. Otherwise, how this person acquired a docket number is a mystery to me. I intend to see if the release of information violates any of the HIPA statutes. If so, he or she continues to tighten their noose and it is my intention to see that exercise completed. You asked earlier about my reluctance to discuss my stressors. I was referring to public discussion. I have discussed them with my doctors, ad nauseam. Asknod’s post was not unlike a kick in the gut. It was distracting, but as I am able I will pursue this matter to the end. God willing, I will see the end of it.

As I stated before, my desire is to maintain my privacy. Publishing my CAVC Docket Number would be the same as publishing my name, address, phone & social security number. I hope all of you realize the folly of doing such a thing. I live alone, miles from town, with my dog & my horse. I find that to be best for me; neither my dog nor my horse has ever lied to me or tried to take advantage of me. They accept me as I am and trust me. It may be anthropomorphic (or not), but I believe they love me. I know they are affectionate. While perusing other posts on this site, I noticed the suggestion to submit to the VA Inspector General. I had not thought of that, but think that will be one of my next steps. I don't consider myself a vengeful person, but I hope those responsible for my ordeal feel the noose tightening. To everyone else... God bless.

A difficult, but true story with a warning to Veterans. Fore-warned is forearmed. Like many others, I enlisted in the military, to do my part. It never occurred to me, beforehand, that such as this story would occur. I find most veterans are reluctant to discuss their ‘stressors’. After years of experience with VA hospitals, I don’t remember anyone ever telling me what happened to them. Those painful events are personal, private and burdensome. I don’t want to discuss my ‘stressors’ either; suffice to say they occurred and I struggled with them for years, before I sought help at Fort Harrison, MT. The process being what it is, I received many demands for information and ordered to numerous examinations. At the end of each communication, VA threatened to dismiss my claim, if I did not comply. With each new demand I spent days or weeks struggling with my memories and flashbacks, trying to meet VA’s requirements of the moment. For those fortunate enough not to understand that struggle, hours and sometimes days are lost to thoughts and overwhelming states of mind. Staying on task is usually very difficult, if not impossible. Each new brief submitted by VA was rife with errors. Often it required eight to ten pages to correct the critical errors made by VA’s claim of the “facts”. The true facts were in the record and the errors were always skewed to my disadvantage. VA’s inability to get it right has made for me some very dark years. I submitted to numerous Compensation & Pension (C&P) examinations. The consensus was: “chronic & severe PTSD”. Unsatisfied with these diagnoses, VA requested some of the doctor’s change their diagnoses. These requests were illegal and fraudulent, they are also in the record, much to VA’s chagrin and I suspect that of the doctors involved. Once the first examiners had reversed their diagnoses per request, VA set about having the record and examinations reviewed by numerous other doctors, who expanded on the fraudulent opinions with even more fraud. At one point an examiner stated I was not credible because I had “requested” so many C&P exams. Fortunately there was an honest physician that pointed out I had not requested the examinations, but had been ordered by VA to comply or have my claim dismissed. After several years of treatment, a doctor recommended I seek representation by a service organization. Up to that point I had merely jumped through the hoops required by VA. I did not understand the process. In hindsight, a veteran should not need to understand the process or deal with a predatory VA. Their service should be honored by an honest and forthright Veterans Administration, as promised and as required by law. Disabled American Veterans (DAV) was recommended to me and I made numerous efforts to enlist the help of DAV, only to be rejected by Mr. K.G. in his condescending manner. His reason… I had begun by talking with someone else. This seems absurd, but nonetheless true. After seven years of submitting to VA’s process, my claim made it to the US Court of Appeals for Veterans Claims (CAVC), in 2006. I retained representation by B&M, a veteran’s law firm in Bethesda, MD. During that time, the Court decided I also needed to be represented by a service organization. My attorney informed me of this and asked whom I wanted to give Power of Attorney (POA), for my claim. I explained to the attorney that I had tried to enlist DAV’s help, but Mr. K.G. had refused to accept my POA. The Court assigned DAV to my claim and my attorney and VA jointly agreed to remand the matter. My attorney told me remand was "the best I could hope for". Although in the end, the facts that won the Court’s reversal and my service connection were of record and in his possession, when he said remand was "the best I could hope for". When I approached Mr. K.G., expecting help with the next step, he made it plain that he resented being assigned by the Court. He accused me of “some underhanded dealings” and said “Go home… don’t do anything… don’t call anybody, don’t write anybody… and don’t come back to this office”. I have not gone back and I will never forget his words. Eight years later, my claim made it back to CAVC, with B&M representing me again. My attorneys began again saying remand was "the best I could hope for", but this time I refused, up front, to accept a remand and insisted they read my statements concerning VA’s fraudulent prosecution of my claim and seek reversal of VA’s denial of benefits. With a small and insignificant exception, B&M’s brief to CAVC in 2014 was a reiteration of my statements. While I am grateful for B&M’s assistance and the Court’s reversal of VA’s denial, granting me service connection, I have to wonder why the facts were not viewed the first time, eight years prior. The facts used by CAVC in 2014 were present in the record in 2006 when my “best hope” was remand. My attorneys were well paid for their service. With the Court’s reversal in hand, they correctly predicted that VA would “drag their feet and low-ball my rating”. Then they offered to prevent this continued injustice and see that the Court’s orders were carried out… for a 1/3 share… which was over 5 years of benefits. I declined their offer, believing that the Court’s orders must be carried out… period. Shouldn’t they? I’m beginning to wonder! In a few days, it will be a year since the Court granted my service connection. To date, I have received a form letter from Fort Harrison, MT confirming receipt of my claim from CAVC and the Court’s decision, but nothing else. Not a word. In the Court’s decision, the law requiring expedited handling is quoted and ordered. After months of nothing, I inquired about the required expediting only to be told they “only pay lip-service to that law”. Lip-service only… to the law? That’s outrageous! About that time, a public relations person from B&M’s office contacted me, wanting to use my name & picture in their professional advertisements, because “reversals are rare”. I expressed my desire to remain private and again explained that their desire for 1/3 of my benefits was unwarranted. The PR person stated maybe one of the attorneys could make a phone call on my behalf. That was many months ago and I have not heard from them again. In desperation (I’m about to lose my home), I recently sought ‘un-official’ advice from another service organization, since DAV still refuses to assist me. The other organization found that CAVC’s decision has “not been entered into the computer”. The reason and remedy were unknown. Their advice: be patient. At this point, I have been patient for 16 years. This other person sent a note to Mr. K.G. at DAV, about our conversation. A few days later, I received a call from DAV, the first since 2006. The woman that called was very smug and reminded me that DAV has my POA. I explained that Mr. K.G. refuses to assist me and I am about to lose my home, to which she said I’d “just have to wait”. I'm sure DAV does good work for other veterans, just not for me. Why, I do not know; it seems personal. Why am I writing this? I hope it will find the eyes of someone that gives a damn about the law and injustice. And I hope veterans that find themselves in need of assistance will read this and not be hoodwinked as I have been, for years upon years. Too… I wonder how CAVC Judge S. would feel about “lip-service” to the law and his order. Sincerely,

A veteran's story... after service. A difficult, but true story with a warning to Veterans. Fore-warned is forearmed. Like many others, I enlisted in the military, to do my part. It never occurred to me, beforehand, that such as this story would occur. I find most veterans are reluctant to discuss their ‘stressors’. After years of experience with VA hospitals, I don’t remember anyone ever telling me what happened to them. Those painful events are personal, private and burdensome. I don’t want to discuss my ‘stressors’ either; suffice to say they occurred and I struggled with them for years, before I sought help at Fort Harrison, MT. The process being what it is, I received many demands for information and ordered to numerous examinations. At the end of each communication, VA threatened to dismiss my claim, if I did not comply. With each new demand I spent days or weeks struggling with my memories and flashbacks, trying to meet VA’s requirements of the moment. For those fortunate enough not to understand that struggle, hours and sometimes days are lost to thoughts and overwhelming states of mind. Staying on task is usually very difficult, if not impossible. Each new brief submitted by VA was rife with errors. Often it required eight to ten pages to correct the critical errors made by VA’s claim of the “facts”. The true facts were in the record and the errors were always skewed to my disadvantage. VA’s inability to get it right has made for me some very dark years. I submitted to numerous Compensation & Pension (C&P) examinations. The consensus was: “chronic & severe PTSD”. Unsatisfied with these diagnoses, VA requested some of the doctor’s change their diagnoses. These requests were illegal and fraudulent, they are also in the record, much to VA’s chagrin and I suspect that of the doctors involved. Once the first examiners had reversed their diagnoses per request, VA set about having the record and examinations reviewed by numerous other doctors, who expanded on the fraudulent opinions with even more fraud. At one point an examiner stated I was not credible because I had “requested” so many C&P exams. Fortunately there was an honest physician that pointed out I had not requested the examinations, but had been ordered by VA to comply or have my claim dismissed. After several years of treatment, a doctor recommended I seek representation by a service organization. Up to that point I had merely jumped through the hoops required by VA. I did not understand the process. In hindsight, a veteran should not need to understand the process or deal with a predatory VA. Their service should be honored by an honest and forthright Veterans Administration, as promised and as required by law. Disabled American Veterans (DAV) was recommended to me and I made numerous efforts to enlist the help of DAV, only to be rejected by Mr. K.G. in his condescending manner. His reason… I had begun by talking with someone else. This seems absurd, but nonetheless true. After seven years of submitting to VA’s process, my claim made it to the US Court of Appeals for Veterans Claims (CAVC), in 2006. I retained representation by B&M, a veteran’s law firm in Bethesda, MD. During that time, the Court decided I also needed to be represented by a service organization. My attorney informed me of this and asked whom I wanted to give Power of Attorney (POA), for my claim. I explained to the attorney that I had tried to enlist DAV’s help, but Mr. K.G. had refused to accept my POA. The Court assigned DAV to my claim and my attorney and VA jointly agreed to remand the matter. My attorney told me remand was "the best I could hope for". Although in the end, the facts that won the Court’s reversal and my service connection were of record and in his possession, when he said remand was "the best I could hope for". When I approached Mr. K.G., expecting help with the next step, he made it plain that he resented being assigned by the Court. He accused me of “some underhanded dealings” and said “Go home… don’t do anything… don’t call anybody, don’t write anybody… and don’t come back to this office”. I have not gone back and I will never forget his words. Eight years later, my claim made it back to CAVC, with B&M representing me again. My attorneys began again saying remand was "the best I could hope for", but this time I refused, up front, to accept a remand and insisted they read my statements concerning VA’s fraudulent prosecution of my claim and seek reversal of VA’s denial of benefits. With a small and insignificant exception, B&M’s brief to CAVC in 2014 was a reiteration of my statements. While I am grateful for B&M’s assistance and the Court’s reversal of VA’s denial, granting me service connection, I have to wonder why the facts were not viewed the first time, eight years prior. The facts used by CAVC in 2014 were present in the record in 2006 when my “best hope” was remand. My attorneys were well paid for their service. With the Court’s reversal in hand, they correctly predicted that VA would “drag their feet and low-ball my rating”. Then they offered to prevent this continued injustice and see that the Court’s orders were carried out… for a 1/3 share… which was over 5 years of benefits. I declined their offer, believing that the Court’s orders must be carried out… period. Shouldn’t they? I’m beginning to wonder! In a few days, it will be a year since the Court granted my service connection. To date, I have received a form letter from Fort Harrison, MT confirming receipt of my claim from CAVC and the Court’s decision, but nothing else. Not a word. In the Court’s decision, the law requiring expedited handling is quoted and ordered. After months of nothing, I inquired about the required expediting only to be told they “only pay lip-service to that law”. Lip-service only… to the law? That’s outrageous. About that time, a public relations person from B&M’s office contacted me, wanting to use my name & picture in their professional advertisements, because “reversals are rare”. I expressed my desire to remain private and again explained that their desire for 1/3 of my benefits was unwarranted. The PR person stated maybe one of the attorneys could make a phone call on my behalf. That was many months ago and I have not heard from them again. In desperation (I’m about to lose my home), I recently sought ‘un-official’ advice from another service organization, since DAV still refuses to assist me. The other organization found that CAVC’s decision has “not been entered into the computer”. The reason and remedy were unknown. Their advice: be patient. At this point, I have been patient for 16 years. This other person sent a note to Mr. K.G. at DAV, about our conversation. A few days later, I received a call from DAV, the first since 2006. The woman that called was very smug and reminded me that DAV has my POA. I explained that Mr. K.G. refuses to assist me and I am about to lose my home, to which she said I’d “just have to wait”. Why am I writing this? I hope it will find the eyes of someone that gives a damn about the law and injustice. And I hope veterans that find themselves in need of assistance will read this and not be hoodwinked as I have been, for years upon years. Too… I wonder how CAVC Judge S. would feel about “lip-service” to the law and his order. Sincerely,