allan

Modesto woman among VA workers accused of bribes 3 named in indictment over scheme http://www.modbee.com/2011/05/17/1693100/va-workers-accused-of-bribes.html SOURCE: http://www.veteranstoday.com/2011/05/18/top-10-veterans-stories-in-today%e2%80%99s-news-187/

Troops in Mideast Face Breathing Ills. Burn Pits a Possible Factor as Data Show Higher Rate of Respiratory Woes Among Veterans of Afghanistan, Iraq http://online.wsj.com/article/SB10001424052748704681904576321252232711310.html.html SOURCE: http://www.veteranstoday.com/2011/05/18/top-10-veterans-stories-in-today%e2%80%99s-news-187/

Subject: [VeteranIssues] veterans can get no-cost Medical Alert ID bracelets through the VADate: May 19, 2011 3:33 AM · From: Jim Strickland News to use. Did you know that veterans can get no-cost Medical Alert ID bracelets through the VA? Neither did I. Neither did anyone at my clinic. You can read the VHA directive at my place if you come visit. Do you know a vet with diabetes, allergies, seizures, etc.? Please pass this on. http://www.vawatchdogtoday.org/VAWatchdogToday.html Department of Veterans Affairs VHA DIRECTIVE 2009-007 Veterans Health AdministrationWashington, DC 20420 February 24, 2009 PROVISION OF MEDICAL IDENTIFICATION (ID) BRACELETS AND PENDANTS1. PURPOSE: This Veterans Health Administration (VHA) Directive provides policy regarding the provision of medical identification (ID) bracelets or pendants containing pertinent medical information (allergies or diagnoses) that would be valuable to emergency health care providers. 2. BACKGROUND: Symptoms of common ailments can be misdiagnosed by responders to an emergent situation involving a person who is unable to communicate. Prompt and accurate diagnosis is essential to effective treatment. The use of an ID bracelet or pendant is a standard way to provide this information to health care providers in a situation where the individual cannot communicate. 3. POLICY: It is VHA policy that ID bracelets and pendants must be available, upon appropriate request by Department of Veterans Affairs clinicians through Prosthetics Service, for veteran patients whose pertinent medical information would be valuable to emergency medical care providers. 4. ACTION a. Veterans Integrated Service Network (VISN) Director. The VISN Director is responsible for ensuring that all facilities within the VISN are issuing ID bracelets or pendants, as appropriate. b. Facility Director. The Facility Director is responsible for ensuring that local systems arei n place to provide enrolled and otherwise eligible Veterans with appropriate ID bracelets orpendants in accordance with this Directive. c. Facility Chief of Staff. The Facility Chief of Staff is responsible for ensuring that electronic consults to Prosthetics Service are in place for use by clinicians to request ID bracelets or pendants when such devices are indicated, and that clinicians are educated about their availability and appropriate use. The consult must:(1) Specify the information to be engraved on the device. This can include, but is not limited to: food and drug allergies, diabetes, seizure disorder, and metal fragments in the body.(2) Specify if an ID bracelet or pendant is required. d. Chief, Prosthetics and Sensory Aids Service. The Chief, Prosthetics and Sensory Aids Service, is responsible for ensuring that: THIS VHA DIRECTIVE EXPIRES FEBRUARY 28, 2014 "Keep on, Keepin' on" Dan Cedusky, Champaign IL "Colonel Dan" See my web site at: http://www.angelfire.com/il2/VeteranIssues/ http://www.facebook.com/dan.cedusky

Military veteran opens up about 1970s sex assault http://www.azcentral.com/arizonarepublic/local/articles/2011/05/15/20110515military-sex-abuse.html Source: http://campaign.r20.constantcontact.com/render?llr=6pxle4bab&v=001Udjluc4seek4n96mN-nNhyQ2qOhgrQ8gFgR8Ag3CArot9YOH0E4vE8vfoS1S_j34_aldNQKk1gP99IfxFgpsJnxVfp-UOac3JpIQ-whO375qVu5S5STYlcDrCv0EteM4y5K5xLtBLxFqfQglvZ3C5rTYxqi-VLwye6BKhXU5hPM%3D

The Invisible Veteran Part 1: Fighting the Claims Battle http://www.wset.com/story/14636790/the-invisible-veteran-part-1-fighting-the-claims-battle Source: http://campaign.r20.constantcontact.com/render?llr=6pxle4bab&v=001Udjluc4seek4n96mN-nNhyQ2qOhgrQ8gFgR8Ag3CArot9YOH0E4vE8vfoS1S_j34_aldNQKk1gP99IfxFgpsJnxVfp-UOac3JpIQ-whO375qVu5S5STYlcDrCv0EteM4y5K5xLtBLxFqfQglvZ3C5rTYxqi-VLwye6BKhXU5hPM%3D

What does the historic VA court ruling mean for veterans? http://www.statesman.com/blogs/content/shared-gen/blogs/austin/investigative/entries/2011/05/12/what_does_the_historic_va_cour.html Source: http://campaign.r20.constantcontact.com/render?llr=6pxle4bab&v=001Udjluc4seek4n96mN-nNhyQ2qOhgrQ8gFgR8Ag3CArot9YOH0E4vE8vfoS1S_j34_aldNQKk1gP99IfxFgpsJnxVfp-UOac3JpIQ-whO375qVu5S5STYlcDrCv0EteM4y5K5xLtBLxFqfQglvZ3C5rTYxqi-VLwye6BKhXU5hPM%3D

<H1 style=MARGIN: auto 0in">Seniors shouldn't pay to collect benefits<BR style="mso-special-character: line-break">http://www.citizen-times.com/article/D2/20100928/OPINION03/9280350/Seniors-shouldn-t-pay-collect-benefits?odyssey=nav%7Chead Source: http://www.veteranstoday.com/2011/05/13/top-10-veterans-stories-in-todays-news-185/ </H1>

Subject: [VeteranIssues] FW: FLASH UPDATE AO IN KOREA, MORE INFO ON FT DETRICKDate: May 14, 2011 3:46 PM From: Jim Doyle [mailto:agentorangezone@gmail.com] Sent: Saturday, May 14, 2011 2:51 PM To: undisclosed-recipients: Subject: FLASH UPDATE http://agentorangezone.blogspot.com/ Saturday, May 14, 2011 Military Secret Exposed - Valley Veteran Says He Was Just Following Orders http://www.kpho.com/news/27892124/detail.html POSTED: 7:46 pm MST May 13, 2011 UPDATED: 10:21 pm MST May 13, 2011 PHOENIX -- It's a secret the military does not want you to know -- something so dangerous that a Valley man says it's slowly killing him and could be poisoning countless others. "Yeah, it haunts me," said veteran Steve House. "We basically buried our garbage in their back yard." The year was 1978. Spc. Steve House was stationed at Camp Carroll in South Korea. He worked as a heavy equipment operator, and one day, says he got orders to dig a ditch - nearly the length of a city block. "They just told us it was going to be used for disposal," said House. But it was what House buried that he's never been able to forget. "Fifty-five gallon drums with bright yellow, some of them bright orange, writing on them," said House. "And some of the cans said Province of Vietnam, Compound Orange." Compound Orange, also known as Agent Orange, is a toxic herbicide that was used to wipe out the jungles during the Vietnam War. The military also admitted using it years later around demilitarized zones in Korea. The government says the leftover Agent Orange was incinerated at sea. House claims that's not the whole truth. But 30 years later, it's one man's word. Unless other soldiers remember the same thing. "I can tell them what we did with it," said Robert Travis, who served side-by-side with House and now lives in West Virginia. "There were approximately 250 drums, all OD green," said Travis. "On the barrels it said 'chemicals type Agent Orange.' It had a stripe around the barrel dated 1967 for the Republic of Vietnam." Travis said he remembers hand-wheeling each barrel out of the warehouse. "This stuff was just seeping through the barrels," he said. "There was a smell; I couldn't even describe it, just sickly sweet." And shortly after, Travis said he developed a red rash all over his body. His health has since deteriorated. "I have arthritis in my neck and back," he said. "My wrists and feet, I don't know how many times they just snap because they're weak." Dr. Nanette Auriemma decides which soldiers qualify for the National Agent Orange registry. "There's no way to specifically diagnose a patient (who) has been exposed to Agent Orange," said Auriemma, who works for the Veterans Affairs Medical Center and Clinics. " READ MORE: http://www.kpho.com/news/27892124/detail.html Copyright 2011 by KPHO.com. All rights reserved Vietnam veterans exposed to 'extremely toxic' herbicide may be at risk http://health.usnews.com/health-news/family-health/cancer/articles/2011/05/14/agent-orange-linked-to-kidney-cancer-study Posted: May 14, 2011 SATURDAY, May 14 (HealthDay News) -- There appears to be a link between Agent Orange and kidney cancer in U.S. veterans exposed to the herbicide in Vietnam, a new study suggests. Researchers at the Veterans Affairs Medical Center in Shreveport, La. examined the records of 297 patients diagnosed with kidney cancer between 1987 and 2009. Thirteen of the patients, aged 39 to 63 when they were diagnosed, said they had been exposed to Agent Orange. Documented exposure to the herbicide and pathology reports were available for 10 of the patients. The researchers reviewed these patients' age at diagnosis, tumor size, side of lesion, pathology and survival. Nine of the 10 patients had clear-cell cancers, which typically have worse outcomes than papillary tumors, which appeared in one patient. One patient had both clear-cell and papillary cancers. During the average follow-up of 54 months, four patients developed metastatic cancer and one patient died from his cancer. The findings were presented Saturday during a special news conference at the American Urological Association (AUA) annual meeting in Washington, D.C. Research presented at meetings should be viewed as preliminary because it has not been subjected to the peer review that typically accompanies publication in a medical journal. "We know that the chemicals in Agent Orange were extremely toxic, and are known to cause cancer," press conference moderator Dr. Anthony Y. Smith said in an AUA news release. "These data indicate that we may need to better determine whether exposure to these chemicals should be considered a risk factor for kidney cancer." Copyright © 2011 HealthDay. All rights reserved. http://health.usnews.com/health-news/family-health/cancer/articles/2011/05/14/agent-orange-linked-to-kidney-cancer-study <A href="http://agentorangezone.blogspot.com/2011/05/soil-samples-show-high-levels-of.html" target=_blank>Soil Samples Show High Levels of Arsenic in Fort Detrick Area http://www.myfoxdc.com/dpp/news/maryland/soil-samples-show-high-levels-of-arsenic-in-fort-detrick-area-050911#ixzz1MLj5QZpI FREDERICK, Md. - Even families in Frederick not touched by cancer say they are suspicious of the government and what goes on at Fort Detrick. Others who live near the fort and have suffered from cancer or watched loved ones die painful deaths express pure anger. And now there's another suspect coming to light: arsenic. Arsenic was used in the production of herbicides, including the Vietnam-era defoliant Agent Orange, which the government admits were tested and buried at a 400-acre section of Fort Detrick known as Area B. "All along this road, you find every single house has been touched by cancer," says Rachel Kelley-Pisani of the Kristen Renee Foundation. Kelly-Pisani is on a crusade to get the federal government to acknowledge a cancer-cluster around Fort Detrick - and to clean it up. She and her organization hired an environmental firm to collect soil samples around Area B. The results, Kelly-Pisani says show dangerously high levels of arsenic. "Arsenic has been proven to cause liver cancer, kidney cancer, skin cancer among others," Kelly-Pisani says. "And what we have found along this road and two other roads that are surrounding Area B are those exact types of cancers." The arsenic findings have not been formally presented to Fort Detrick officials, the Frederick County Health Department or Maryland's Department of Health and Mental Hygiene. Online: kristenrenee.org/ www.fightingforfrederick.org/ Read more: http://www.myfoxdc.com/dpp/news/maryland/soil-samples-show-high-levels-of-arsenic-in-fort-detrick-area-050911#ixzz1MLj5QZpI "Keep on, Keepin' on" Dan Cedusky, Champaign IL "Colonel Dan" See my web site at: http://www.angelfire.com/il2/VeteranIssues/ http://www.facebook.com/dan.cedusky

Subject: [VeteranIssues] federal appeals court called for drastic improvements in VA Mental Health CareDate: May 11, 2011 12:24 PM Also see: http://www.latimes.com/health/la-me-0511-veterans-ptsd-20110511,0,1731423.story 9th Circuit says treatment delays for PTSD and other disorders are so 'egregious' that they violate veterans' rights. Judges say they waited 'long enough' for the VA to act and were compelled to intervene. http://www.kaiserhealthnews.org/Daily-Reports/2011/May/11/va-health-decision.aspx May 11, 2011 A federal appeals court called for drastic improvements in the system and charged Congress and the president with failing to take appropriate action to such a degree that veterans' civil rights have been violated. Los Angeles Times: Court Orders Major Overhaul Of VA's Mental Health System A federal appeals court Tuesday lambasted the Department of Veterans Affairs for failing to care for those suffering post-traumatic stress disorder and ordered a major overhaul of the behemoth agency. Treatment delays for PTSD and other combat-related mental illnesses are so "egregious" that they violate veterans' constitutional rights and contribute to the despair behind many of the 6,500 suicides among veterans each year, the U.S. 9th Circuit Court of Appeals said in its 2-1 ruling (Williams, 5/11). Reuters: Court Says Congress And President Failed To Help Veterans Accusing Congress and the president of neglecting to take appropriate action to save veterans' lives, a federal appeals court called for drastic improvements to the Department of Veterans' Affairs mental health care system. The 9th Circuit U.S. Court of Appeals, in a 104-page decision issued on Tuesday, cited the failure of the political branches to address what it called the VA's "egregious problems" and "unchecked incompetence" in delivering mental health services to veterans. That failure, the three-judge panel held, violated the veterans' due process rights under the U.S. Constitution (Baynes, 5/10). KQED: Appeals Court Rules That Delays in Medical Care Violates Veterans Rights On average it takes more than four years for a veteran's claims to go through. The court noted that these delays cause "unnecessary grief and privation" for veterans and their families. "The VA's unchecked incompetence has gone on long enough; no more veterans should be compelled to agonize or perish while the government fails to perform its obligations," wrote Circuit Judge Reinhardt in the opinion (Pickoff-White, 5/10). Des Moines Register: Local VA Mental Health Care Given An 'F' By Advocate For Veterans An activist who works with injured veterans said the Des Moines Veterans Affairs Medical Center is plagued by the same kind of poor mental health care that an appeals court cited nationally on Tuesday. "I would say that they would rank an 'F' if they had a report card," said P.J. Sesker-Green of Grimes, who volunteers with a veterans-assistance group called Operation First Response (Leys, 5/11). "Keep on, Keepin' on" Dan Cedusky, Champaign IL "Colonel Dan" See my web site at: http://www.angelfire.com/il2/VeteranIssues/ http://www.facebook.com/dan.cedusky

Subject: [VeteranIssues] Navy researcher links toxins in war-zone dust to ailmentsDate: May 12, 2011 10:28 AMAttachments: image001.jpg image002.png http://www.usatoday.com/news/military/2011-05-11-Iraq-Afghanistan-dust-soldiers-illnesses_n.htm Partial reprint..go to web site, video, and other links there By Kelly Kennedy, USA TODAY U.S. troops in Iraq, Afghanistan and Kuwait have inhaled microscopic dust particles laden with toxic metals, bacteria and fungi — a toxic stew that may explain everything from the undiagnosed Gulf War Syndrome symptoms lingering from the 1991 war against Iraq to high rates of respiratory, neurological and heart ailments encountered in the current wars, scientists say. By David Furst, AFP/Getty ImagesMarines in Afghanistan are engulfed in dust researcherssay could contain harmful particles.Enlarge By David Furst, AFP/Getty Images Marines in Afghanistan are engulfed in dust researchers say could contain harmful particles. "From my research and that of others, I really think this may be the smoking gun," says Navy Capt. Mark Lyles, chair of medical sciences and biotechnology at the Center for Naval Warfare Studies at the Naval War College in Newport, R.I. "It fits everything — symptoms, timing, everything." Lyles and other researchers found that dust particles — up to 1,000 of which can sit on the head of a pin — gathered in Iraq and Kuwait contain 37 metals, including a luminum, lead, manganese, strontium and tin. The metals have been linked to neurological disorders, cancer, respiratory ailments, depression and heart disease, according to the Environmental Protection Agency. Researchers believe the metals occur both naturally and as a byproduct of pollution. Researchers in and out of the military say the particles are smaller and easier to inhale than most dust particles, and that recent droughts in the region have killed desert shrubs that helped keep down that dust. The military's heavy vehicles have pounded the desert's protective crust into a layer of fine silt, Lyles says. Servicemembers breathe the "Keep on, Keepin' on" Dan Cedusky, Champaign IL "Colonel Dan" See my web site at: http://www.angelfire.com/il2/VeteranIssues/ http://www.facebook.com/dan.cedusky

What is top sheeting? I've been informed that my shoulder claim that was awarded in 2009 by the BVA will be delayed 3 yrs due to the NOD I sent in on March 2010. Never heard of "TOP SHEETING" before. But SO says that it looks like thats how the rater has been deciding my claim. The first VARO rating was Feb 2010. They rated 10% for arthritis, but omited rating for loss of range of motion and chronic pain. Now the NSO is saying the VARO rater has interpreted my NOD to be for the 10% arthritis. Nothing in my NOD mentioned the 10% for arthritis they already rated. When I sent in the NOD, I was specific in using diagnostic codes and CFR's to make shure there was no error on what I was filing the NOD for. What happened to reading all the evidence of record, processing a claim in a timely manner and addressing all claimed issues? Thanks for any replies. Others may be going through this as well. Allan

Subject: [VeteranIssues] FW: DEADLINE!!!Date: Apr 29, 2011 10:25 AM From: Jim Doyle [mailto:agentorangezone@gmail.com] Sent: Friday, April 29, 2011 9:54 AM To: undisclosed-recipients: Subject: DEADLINE!!! DISTRIBUTE TO ALL LISTS FLASH UPDATE http://agentorangezone.blogspot.com/ Friday, April 29, 2011 <A href=http://agentorangezone.blogspot.com/2011/04/deadline.html" target=_blank>DEADLINE! Time is running out! Vote for the Children's Centers To Study Prenatal Effects of Dioxins http://strategicplan.niehs.nih.gov/a/dtd/Children-s-Centers-To-Study-Prenatal-Effects-of-Dioxins/126596-12617 Children's Centers To Study Prenatal Effects of Dioxins http://strategicplan.niehs.nih.gov/a/ideafactory.do?mode=top&pageOffset=4 "Keep on, Keepin' on" Dan Cedusky, Champaign IL "Colonel Dan" See my web site at: http://www.angelfire.com/il2/VeteranIssues/ http://www.facebook.com/dan.cedusky

Hope Denise puts a stop to these bottom feeders. A few have been on my back for yrs trying to shut me up and keep the information from reaching Veterans. Allan ************************************************************** Subject: [VeteranIssues] FW: Veterans advocate not satisfied with offer to drop copyright lawsuitDate: Apr 29, 2011 12:21 PM Date: Fri, 29 Apr 2011 08:18:48 -0700 From: dsnurse1@yahoo.com To: DSNurse1@yahoo.com http://www.vegasinc....r-drop-copyrig/ Righthaven LLC/Denver Post lawsuit defendant Denise Nichols remains unhappy despite efforts by Righthaven to dismiss its lawsuit against her. Nichols, a retired Air Force nurse, served in the Vietnam era and in combat in the first Gulf War. As an advocate for veterans who works to provide them information, she ran into trouble with Righthaven for allegedly posting a Denver Post column of interest to veterans to the website veteranstoday.com. Given recent Righthaven-created case law, Nichols could be asserting a fair use defense. But that may not be necessary as Righthaven upon learning Nichols is a veteran who is dealing with her own health problems is willing to dismiss its lawsuit against her. People close to Nichols, though, told the Las Vegas Sun and its sister publication VEGAS INC this week that Nichols is adamantly opposed to the proposed language in Righthaven's dismissal motion. "In dismissing this action, Righthaven acknowledges that it has, and will continue to, consider such factors in deciding whether to voluntarily dismiss an action as the physical and mental condition of a defendant, his or her prior military service, and the viability of enforcing any resulting judgment. While such circumstances may not excuse a party from copyright infringement liability, Righthaven seeks to reasonably and appropriately address the facts presented in any action on an individual and equitable basis," says the language in the proposed dismissal motion. Nichols declined comment, but people close to her said she's opposed to any language in the dismissal order that would make it appear Righthaven is being nice to veterans and people with disabilities. It's her position that Righthaven, with its no-warning lawsuits and associated mental anguish and financial worries, has worsened her health problems she participated during a court hearing in her case last week by phone while receiving medical care at the Washington DC VA Medical Center. Nichols also feels Righthaven has unfairly tormented her and fellow defendant Wayne Hoehn, a decorated veteran from Kentucky, as well as mildly autistic blogger and former defendant Brian Hill from North Carolina. She especially feels veterans who put their lives on the line for their country deserve better treatment than they're receiving from Righthaven, these people said. Righthaven, in suing Nichols and fellow veterans advocate Michael Leon, could easily have deduced they were veterans advocates. But Righthaven, with its policy of suing first and asking questions later, couldn't have known Nichols has health problems or that Hill has disabilities. Shawn Mangano, an attorney for Righthaven, said the language in the proposed dismissal order in the Nichols case is negotiable and he's happy to talk with her and her attorneys to come up with language acceptable to Nichols. "I understand she's upset. I want to be reasonable with her," Mangano said. But he added that Righthaven can't give veterans a blanket exemption from copyright enforcement actions. Another Righthaven defendant indicating he has disabilities and limited ability to pay any judgment is Todd Taliaferro of Fort Lauderdale, Fla., who was sued over a Las Vegas Review-Journal column. "Defendant is presently unemployed and on food stamps due to the debilitating effects of a traffic accident some 15 years ago which left him with foot injuries which make it extremely difficult to walk," Taliaferro wrote in his dismissal motion. Taliaferro said the column at issue, involving the biker bandit robbing the Bellagio, was posted on a noncommercial website for Harley-Davidson motorcycle enthusiasts. "In fact, plaintiff placed the alleged article on a website which plaintiff itself made available in Florida, and elsewhere, without charge, and which plaintiff invited individuals to copy and utilize for personal non-commercial purposes," his response said. Mangano, in opposing the motion to dismiss, wrote in a court filing Righthaven was unaware of the defendant's medical condition or financial hardships but would consider them in confidential settlement negotiations. In arguing against dismissal, Mangano noted the defendant is "alleged to have posted a wholesale, unauthorized replication of the work (column)" from the Review-Journal without authorization. A new court document is shedding some light on the lawsuit contract between Righthaven and the Denver Post. Sara Glines, vice president of field operations for Post owner MediaNews Group, said in a court declaration this week that MediaNews and/or the Post have a licensing arrangement with Righthaven. This arrangement appears to be similar to Righthaven's lawsuit contract with Stephens Media LLC, owner of the Review-Journal. In the Stephens Media contract, Righthaven obtains copyrights to Review-Journal material for lawsuit purposes, and then grants Stephens Media a license to use the material initially generated by Stephens Media's journalists. Defense attorneys in Righthaven's lawsuits over Review-Journal material call this a "sham" copyright transfer that invalidates the lawsuits, and a federal judge in Las Vegas on Thursday said it appears that under this contract Righthaven lacks standing to sue. Righthaven, however, insists it has standing and is gearing up to defend that position in court. In Righthaven's lawsuits over a Nov. 18 Denver Post TSA pat-down photo, Glines said in her declaration that on Dec. 2, "all rights, title and interest, including the right to any and all past, present and future rights to pursue claims of infringement, in and to the work (photo) were assigned to the plaintiff (Righthaven)." But bloggers and websites infringing on the photo continue to harm the Denver Post and MediaNews Group, she said. "The Denver Post has been harmed by the unauthorized posting of the work by the defendants in this action and in other actions because such conduct impairs certain license rights granted to it and/or to MediaNews Group by the plaintiff (Righthaven)," her declaration said. The revelation of a licensing agreement between Righthaven and the Denver Post is likely to fuel interest by defense attorneys in whether Righthaven's right to sue over Denver Post material is vulnerable to challenges the way it's being challenged in the Review-Journal cases. Some of Righthaven's Denver Post lawsuit defendants, including Dana Eiser in South Carolina, have already challenged Righthaven's standing to sue over Denver Post material though in Eiser's case the copyright involved a column rather than a photo. And David Rozzell of Katy, Texas, one of Righthaven's Colorado lawsuit defendants over the Post TSA pat-down photo, has moved that Righthaven produce its lawsuit contract with the Post. Rozzell asked in answering Righthaven's lawsuit that "any document related to the relationship between the plaintiff and MediaNews Group, the original alleged publisher of the work in this case, be produced so as to establish whether the plaintiff has sufficient legal grounds to bring this lawsuit." Glines' declaration was filed in the Righthaven lawsuit over the photo against William Sumner, who has a website called dailykix.com. "None of the defendants named in this lawsuit, or anyone on their behalf, has ever sought permission from the Denver Post to reproduce, display, publish or otherwise use the work. The Denver Post has likewise not authorized the work to be reproduced, displayed or otherwise disseminated by the Internet website deadseriousnews.com or any other like website," Glines said. The deadseriousnews.com website appears to be the source of several infringements of the photo that resulted in Righthaven lawsuits. It's unclear if deadseriousnews.com which has not been sued by Righthaven obtained the photo from the Denver Post or elsewhere, as The Associated Press had distributed the photo to news outlets after obtaining it from the Denver Post. Righthaven attorneys, in the meantime, disputed assertions by Sumner in a motion to dismiss that Righthaven is suing him over a "thumbnail image" that was never actually hosted on or copied to the dailykix.com server. Sumner said his website merely displays titles, brief excerpts, and vote counts for popular stories at other social media news sites. The site only has links to content residing elsewhere, Sumner's filing said. Righthaven, however, said in court papers that Sumner is responsible for the content on his website. "Defendant's assertions, completely ignore that as the owner and operator he undoubtedly had editorial control over the content appearing on the website. Simply put, content does not automatically appear on one's website without some intentional act or editorial oversight by its owner, operator, administrative contact and technical contact person, which in this case is the same person the defendant," a Righthaven filing this week said. "Defendant essentially claims that he is not liable for an unauthorized replication of the work appearing on the website that he owns, controls and has technical and administrative control over. This liability, apparently based on the defendant's interpretation of the circumstances, is more appropriately directed to another source, such as mix.com, digg.com and/or deadseriousnews.com. In short, someone is liable for the unauthorized posting of the work on his Website just not him," Righthaven's filing said. More Righthaven defendants are trying to capitalize on two recent legal setbacks by Righthaven. Attorneys for the Virginia Citizens Defense League on Wednesday filed court papers saying Righthaven's fair use loss in the Center for Intercultural Organizing (CIO) of Portland, Ore., case shows their case should be dismissed, too. "The order dismissing the CIO case is relevant to the case at bar because, in determining that the alleged infringement instead constituted fair use by the defendant, Judge James Mahan relied on the facts that: 1) the article in question was originally a news article, was used by the defendant for educational purposes, and is now being used by Righthaven simply for litigation purposes; 2) the defendant 'is a non-profit corporation with an educational mission,' declarations evidenced the corporation's educational mission, and the use of the work was non-commercial; 3) the article was not primarily creative in nature, but was merely informational, which weighs in favor of a finding of fair use; 4) although the work was posted in its entirety, that was reasonable in light of the use, which was to educate others on issues of concern to the defendant; 5) an entire book was not reproduced, the work was not used to garner membership in order to compete with the plaintiff, and the defendant attributed the work to the original copyright owner; and 6) there is no showing of market harm to Righthaven, because it has failed to allege that a market exists for its copyrights, Righthaven cannot claim the original newspaper publisher's market as its own, and it has failed to show any harm to the value of the copyright," their filing said. The Virginia group previously moved for dismissal of the case involving a Review-Journal story on other grounds, such as "implied license" to share and that it's a passive noncommercial site with no contacts with Nevada. An attorney for Righthaven foe the Electronic Frontier Foundation, which participated in the CIO case, noted in a website post this week that Mahan's decision shows courts disfavor the copyright-troll business model. As to the unsealing of the Righthaven lawsuit contract with Stephens Media, Righthaven defendant Dean Mostofi says in a renewed motion to dismiss that the contract shows Righthaven doesn't have standing to sue him over a Review-Journal story arguments disputed by Righthaven. "Righthaven is neither the owner nor exclusive holder of any rights in the copyrighted work underlying this lawsuit," Mostofi's motion says. "Not only has Righthaven not suffered any harm as a result of the alleged infringement, but it actually benefits from infringing activity. Without a share of the settlement proceeds it exacts from defendants in copyright infringement lawsuits, Righthaven, by the express terms of its strategic alliance agreement with Stephens Media, could not generate any other income from the works it claims to own," Mostofi wrote. And for good measure, Mostofi noted in his latest dismissal motions the Righthaven fair use loss in the CIO case. # "Keep on, Keepin' on" Dan Cedusky, Champaign IL "Colonel Dan" See my web site at: http://www.angelfire.../VeteranIssues/ http://www.facebook.com/dan.cedusky

Have you checked to see if you qualify for VA Pension program? Also, you can collect VA service connection and SSDI at the same time with no offset.

Vietnam veterans at war with historians http://www.veteranstoday.com/2011/04/27/vietnam-veterans-at-war-with-historians/

Veterans being urged to tap health care benefit http://napervillesun.suntimes.com/news/5015191-418/veterans-being-urged-to-tap-health-care-benefit.html

Treatment of Traumatic Brain Injury http://www.veteranstoday.com/2011/04/27/treatment-of-traumatic-brain-injury/

FW: New TRICARE Program Offers Coverage for Young Adults Under 26Date: Apr 28, 2011 12:04 AM FALLS CHURCH, Va. – TRICARE Young Adult (TYA) is now open for enrollment with coverage beginning May 1, 2011. Uniformed services dependents under 26, unmarried, and not eligible for their own employer-sponsored health care coverage may be qualified to purchase TYA, which offers TRICARE Standard coverage for monthly premiums of $186. A premium-based TRICARE Prime benefit will be available later this year. Dependent eligibility for TRICARE previously ended at age 21, or age 23 for full-time college students. Similar to provisions in the 2010 Patient Protection and Affordable Care Act, TYA extends the opportunity for young adults to continue TRICARE health care coverage, as long as their sponsor is still eligible for TRICARE. Complete information and application forms are available at www.tricare.mil/tya. TRICARE officials encourage beneficiaries to explore all possible health care plan options and costs when choosing a plan that best meets their needs. Those considering TYA should determine if they are eligible before completing and sending in an application. The application and payment of three months of premiums can be dropped off at a TRICARE Service Center or sent by mail or faxed directly to the appropriate regional health care contractor. Beneficiaries can find out where to send their form and payment by filling out the simple profile at www.tricare.mil to get information tailored to their specific location. Once the initial payment is made, monthly premiums must be paid in advance through automated electronic payment. When the application is processed, TRICARE coverage will begin the first day of the following month. However, since TYA was “fast-tracked” to begin enrollment as soon as systems changes, forms, premiums and other rules governing the program were approved and in place, TRICARE Management Activity will allow eligible applicants to be covered for the full month of May as long as enrollment forms and payment are received (not postmarked) by the regional contractor prior to May 31, 2011. Those eligible for TYA who have been saving receipts since Jan. 1, 2011, in anticipation of the new program, can also pay all premiums back to January to purchase coverage retroactively. After getting a welcome letter and enrollment card, dependents and their sponsor are encouraged to visit uniformed services identification (ID) card issuing facility to obtain a dependent ID card. The card will assist in identifying the dependent as eligible for health care, prescriptions and access to military installations. Nearby ID card facilities can be found through a link at www.tricare.mil/tya. The signing of the National Defense Authorization Act in January 2011, brought TRICARE in line with the provisions of the 2010 Patient Protection and Affordable Care Act, and enabled the extension of excellent TRICARE coverage to this new group. The TRICARE Management Activity appreciates all government partners who helped make this benefit available so quickly. From: TRICARE Communications [ Sent: Wednesday, April 27, 2011 3:25 PM To: colonel-dan@sbcglobal.net Subject: New TRICARE Program Offers Coverage for Young Adults Under 26 . New TRICARE Program Offers Coverage for Young Adults Under 26 April 27, 2011 TRICARE Young Adult (TYA) is now open for enrollment with coverage beginning May 1, 2011. To read this news release, please visit: http://www.tricare.mil/mediacenter/news.aspx?fid=706 "Keep on, Keepin' on" Dan Cedusky, Champaign IL "Colonel Dan" See my web site at: http://www.angelfire.com/il2/VeteranIssues/ http://www.facebook.com/dan.cedusky

FW: BIRTH DEFECTS STUDY FOR NAM VETERANSDate: Apr 28, 2011 4:16 AM From: sp5kelley2nd94th@aol.com [mailto:sp5kelley2nd94th@aol.com] Sent: Tuesday, April 26, 2011 5:04 PM To: sp5kelley2nd94th@aol.com Subject: BIRTH DEFECTS STUDY FOR NAM VETERANS BIRTH DEFECTS STUDY FOR NAM VETERANS There are a few of us that have spent years trying to get our presumptive disorders associated as well as exhausted our own dollars in that task. Not for any one of us but for all of us in issues that our own government… ...has not been as truthful or as candid as they should be in any honest government ...unrealistic scientific requirements for associations that do not belong in health care and compensation decisions ...tried to fight good science creating bad science ...the influence peddling of the chemical companies ...fight what I call assassin scientists ...even trying to get our VSO’s to do more than just try and make friends in congress WE HAVE NO FRIENDS IN CONGRESS, PRESIDENTS, AND NONE IN THE OLD GUARD AT VETERANS AFFAIRS! THIS IS ALL ABOUT MONEY - NOT THE SUFFERING OF BOTH VETERAN AS WELL AS DAMAGED OFFSPRING because of “government mistakes“. And so forth - all of you know the battles we have fought. While not winning the war we did win a few battles for all of us. I recall at our first 2/94th Battalion Reunion and asked for those with children with birth defects please stand up. One of our former Battalion Commanders looked up at me with his eyes welling up and said and I quote: “I had no idea it was this bad.” We have a chance to get a birth defects study provided that you act by a single effort of going to a website. Now Betty at the Birth Defects Registry (http://www.birthdefects.org/) has been “march order” on this task for as long as I can remember and now we have a chance to get it done. From what I can tell this will be out of National Institute of Health and one of about only five scientist I personally have come to trust in this issue, for whatever that is worth to you, to state the facts will be associated; not what some one wants them to state or in many cases not state or mis-characterize; or try to prove to some unrealistic standard that will not ever be reached as a stalling/denial tool. Please go to the following link: Link to NIESH Strategic Planning page: http://strategicplan.niehs.nih.gov/a/ideafactory.do?id=12617&mode=hot&discussionFilter=active Go to the right side of the page and click on: Children's Centers To Study Prenatal Effects of Dioxins …and include your support for this study that not only applies to Vietnam Veterans but our entire civilian population as well as any industrialized nation where dioxin(s) plural have been on the rise. Not just from herbicides but other sources as well. We have to get this done by April 30 so please do not put it off. I am late getting this out because of working on a presentation in May in Atlantic City and I had pneumonia. The other groups that I send out to please alert your membership as well. We should be able to put 1,000’s of names of support for this study that is about 30 years too late. In addition, I would like to say that just because you are a Vietnam Veteran or Herbicide Veteran in other geographical areas with offspring with no noticeable physical damages does not mean they were not impacted in other ways such as immune system and endocrine system issues - hormone imbalances - even slowed learning capacity or attention deficient disorders…etc. And lets us not forget of the possible follow on issues by even our grandchildren. Let’s all get behind this issue and force the choice to do this study by just overwhelming numbers. Thanks for your support, Kelley PS --- for the Battalion membership … the reunion this year looks like it is going to one of the largest if not the largest so far. Let us know if you are coming or planning on coming at: http://www.2ndbattalion94thartillery.com/2011reunion/2011reunion.htm Thanks again and best to all, Kelley "Keep on, Keepin' on" Dan Cedusky, Champaign IL "Colonel Dan" See my web site at: http://www.angelfire.com/il2/VeteranIssues/ http://www.facebook.com/dan.cedusky

Subject: [VeteranIssues] ARE YOU VA 100% based on individual unemployabilityDate: Apr 27, 2011 7:06 AM http://www.vba.va.gov/pubs/forms/VBA-21-4140-1-ARE.PDF This is the form to certify annually for those of you on IU. The VA is notorious for NOT sending these out. If you know you have to certify annually, save this link. Fill out the form, print it out and send it to the VA during your anniversary month when you were awarded IU. Always send everything to the VA by certified mail with a return receipt. Make sure you keep a copy of the completed form. information to determine continued eligibility to compensation at the 100 percent rate based on individual unemployability (38 CFR4.16). Title 38, United States Code, You are receiving compensation at the 100 percent rate based on being unable to secure or follow a substantially gainful occupation as a result of your service-connected disabilities. If you were self-employed or employed by others, including the Department of Veterans Affairs, at any time during the past 12 months, competeSection I of this form. If you have not been employed during the past 12 months, complete Section II of this form. "Keep on, Keepin' on" Dan Cedusky, Champaign IL "Colonel Dan" See my web site at: http://www.angelfire.com/il2/VeteranIssues/ http://www.facebook.com/dan.cedusky

Call the VARO and ask what records they're waiting for. If it's from a medical facility, you can often speed up the caim by several months by getting those records and mailing them in yourself. The VA DRO waited nearly 16 months trying to get my SSA records. I finally contacted them myself and found out they were destroyed. A letter from them stating so got my claim out of a lengthy stall. The DRO said he was willing to wait years until he got the SSA records. My claim sat on his desk four years before going to BVA. Never expect these delays to be short delays. They will stall them as long as they can. Do what you can yourself to keep it moving. Make sure you have plenty of evidence they can't get around.

Every favorable decision like NEHMER causes backlogs, since the VA will do everything in it's power to prevent the Veteran from collecting. They won't read the Veteran's DD214 or evidence that's favorable, down to destroying and concealing evidence, leaving Vets with no choice but to appeal. I would guess 90% of all claims are collecting dust at the AMC, just waiting for the Veteran to give up, or hopefully die and get off the books. If they quickly get caught up, it will be due to fast denials that will likely be appealed. The VA can't and won't get caught up with the backlog as long as they continue to process claims in the same manner. There was a backlog when I first filed in 1975. Nothing has changed.

Subject: [VeteranIssues] Battle Creek VAMC : TAYLOR Iowa woman recently released from post-traumatic stress disorder treatment program - thenewsherald.comDate: Apr 25, 2011 11:34 AMAttachments: image002.png image008.png http://www.thenewsherald.com/articles/2011/04/23/news/doc4db1e18fd11d0909392060.txt?viewmode=fullstory From: Robert Sent: Saturday, April 23, 2011 6:18 PM To: BEN WALKER; Charles E. Brown Subject: Emailing: TAYLOR Iowa woman recently released from post-traumatic stress disorder treatment program - thenewsherald.com See the local story below. I am sure VAMC Battle Creek will spin this one so they don’t take a hit. Bob The Voice of Downriver News TAYLOR: Iowa woman recently released from post-traumatic stress disorder treatment program Published: Saturday, April 23, 2011 By Rene Cizio TAYLOR — A 38-year-old Iowa woman killed herself Wednesday at Top Gun Shooting Sports, 16725 Racho Road. Police said Army veteran Wendy Torrey had been released recently from a post-traumatic stress disorder treatment program at the Battle Creek Veterans Affairs Medical Center. Police said Torrey went to the range at about 1 p.m., rented a semiautomatic handgun and shot at targets for awhile. Surveillance video shows that she stopped firing at the target and shot herself in the head. She was taken to Oakwood Hospital & Medical Center in Dearborn, where she was confirmed dead. She was a resident of Bettendorf, Iowa. Police said she had just completed the treatment program at the Battle Creek facility. She had served in Bosnia while in the Army. Police found a suicide note in her pocket. <LI class=MsoNormal>1See Full Story "Keep on, Keepin' on" Dan Cedusky, Champaign IL "Colonel Dan" See my web site at: http://www.angelfire.com/il2/VeteranIssues/ http://www.facebook.com/dan.cedusky

Subject: [VeteranIssues] Feres doctrine, High court may hear claim of medical malpractice in militaryDate: Apr 25, 2011 1:06 PM http://www.star-telegram.com/2011/04/22/3020824/high-court-may-hear-claim-of-medical.html#tvg By Mitch Stacy The Associated Press BRADENTON, Fla. -- Veterans, military families and others who oppose a decades-old law that shields military medical personnel from malpractice lawsuits are rallying around a case they consider the best chance in a generation to change the widely unpopular protection. The U.S. Supreme Court has asked for more information from attorneys and will decide next month whether to hear the case of a 25-year-old noncommissioned officer who died after a nurse put a tube down the wrong part of his throat. If the law is overturned, it could expose the federal government to billions of dollars in liability claims. That makes it highly unlikely that a divided Congress desperate to cut expenses will act on its own to change the Feres Doctrine, a 1950 Supreme Court ruling that in effect equates injuries from medical mistakes with battlefield wounds. "We've given them a case that presents them with the best opportunity to fix this in a long time," said Jamal Alsaffar, whose Austin law firm represents the family. "They're the ones who broke it, so they are in the best position to fix it." Read more: http://www.star-telegram.com/2011/04/22/3020824/high-court-may-hear-claim-of-medical.html#tvg#ixzz1KZELujza From: Dan Cedusky, Champaign IL, Col, AUS, Ret, Life member: Am Legion, DAV, AMVETS, MOAA, NGAUS, IL SAL, NGAIL IL State Director USDR Invite me to your facebook page http://www.facebook.com/dan.cedusky Pass the word about Free email news about Veteran issues to other Vets & Posts. http://groups.yahoo.com/group/VeteranIssues "Keep on, Keepin' on" Dan Cedusky, Champaign IL "Colonel Dan" See my web site at: http://www.angelfire.com/il2/VeteranIssues/ http://www.facebook.com/dan.cedusky

"If I were you (since the COngressional Inquiry will add time to the claim) in the meantime- whip off this to the VARO and the AMC and demand they resolve the awarded issue or you will file a Writ of Mandamus:" Alex, an attorney that used to come to Hadit.com and offer advice, always said if your claim gets stalled for 16 months to file a Writ. Mine was stalled for nearly 2 yrs and with the help of hadit members I did just that. In less than 30 days my claim was rated. It was denied of cource, but it wasn't stalled any longer. It's been 14 months since my C&P on my shoulder without a rating. My SO said it's due to all my other claims the VARO had to review and deny over the last yr. He said the file gets bounced around from remanded claims to one person, to another person working on new claims, to another person working on old claims. With all the confusion of so many secondary claims I have in, he says it's delaying my claim for the shoulder that was awarded by the BVA in 2009 for rating. I told him if they don't rate it soon, i'll file a writ. He all but told me to get anothe SO. He said a writ would do nothing but delay the claim and was so pissed I thought he was going to hang up the phone. They will have to reply to CAVC in 30 days if I file the writ and I know this by experience. i'll give them 60 days and send my SO and the VARO a written notice of filing a writ. Letting them take another decade to get off their butts won't fly with me.