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allan

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Posts posted by allan

  1. 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

  2. "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.

  3. "it like this places is over the bva and do there own thing"

    yulooking,

    in order to get your claim out of the AMC stall and into the hands of the BVA for a final decision, always submit a waiver of AOJ for review of evidence.

    If not, your claim may collect dust for 5 yrs at the AMC.

    Or, they will pass it around to contract raters throughout the country that will use any tactic to deny it, thus putting you on the perpetual wheel of remands and Dr shopping for IMO's to deny your claim.

    VARO's and the AMC are almost incapable of reading primary evidence without low balling or denying. the BVA is the best shot once you file your form 9 for appeal.

    If your claim sits more than a yr, get yourself an attorney.

  4. VA raters should be criminally charged for hiding/shreading evidence in a claim. Put them in jail and fire them. Make sure they're not allowed to work for a federal agency again or any other agency for Veterans.

    That will slow up the backlog more than throwing money out the window for untrained, anything to deny a claim for bonus, raters.

  5. Then when my son was discharged from USAF he recieved a letter in the mail from the VA stating he may be eligble for VA compensation. I do not believe those letters were sent out to Vietnam Era veterans to my knowledge.

    I was separated in 1971. Didn't find out I was entitled to file claims or receive health care until the Clinton administration in the 1990's.

    Veterans should get copies of all their SMR's, "before" they leave service. Key evidence has a way of going missing once separated.

  6. Subject: FW: Righthaven Copyright Troll Targets Pro-Veteran Groups and Advocates

    please run and circulate:

    http://malcontends.blogspot.com/2011/04/righthaven-copyright-troll-targets-pro.html

    Apr 13, 2011

    Righthaven Copyright Troll Targets Pro-Veteran Groups and Advocates

    Righthaven LLC as Troll

    U.S. District Judge John Kane: Courts will not be used as tools to exact settlements from intimidated defendants afraid of high costs of litigation and alleged liabilities

    Righthaven LLC is a new business model that is organized to abuse the judicial process in its search for potential defendants to sue.

    Now Righthaven is targeting veterans and advocates for veterans.

    As reported by the Las Vegan Sun, Righthaven, “detects (alleged copyright) infringements, obtains copyrights to the stories at issue and then retroactively sues the alleged infringers.”

    A very partial list of Righthaven lawsuits reveals a "sue-first-ask-questions-later," gutter operation run out of Las Vegas abusing its way to 100s and 100s of lawsuits the number of which appears to grow almost by the day.

    From the Righthaven Victims Network:

    Righthaven LLC -- a bottom feeding legal outfit -- has teamed up with the Las Vegas Review-Journal and the Denver Post [among over 100 media outlets] to sue 'mom and pop' websites, advocacy and public interest groups and forum board operators for copyright violations. The strategy of Righthaven is to sue thousands of these websites and counts on the fact that many are unfunded and will be forced to settle out of court. Most cases are being filed in a Nevada Federal Court and [according to Righthaven] must be fought in this jurisdiction.

    From [the late and great] Larry Scott to the POW Network to a Gulf War trauma nurse veteran, Denise Nichols [whom Righthaven appears to be attempting to drive to her grave by inflicting stress through litigation], to Veterans Today, to Michael Leon, the list of veteran advocates and writers across the political spectrum under target is growing.

    But so is the pushback against Righthaven, led by a federal judge.

    The legal-politcal tide is definately turning:

    From Joe Mullin at Yahoo Finance:

    Court orders from [Tuesday] and Thursday make it clear that the judge overseeing the [Righthaven defendant Brian Hill's] case has great distaste for Righthaven’s sue-first-ask-questions-later business model. The problem for Righthaven is that the same judge—U.S. District Judge John Kane—is handling all 58 of the lawsuits the company has filed in Colorado. ...

    Judge John L Kane of the Federal Court of the District of Colorado ruled 'against Righthaven stating his court will not be used as a tool to encourage and exact settlements from defendants who may be intimidated due to the high cost of litigation and potential liabilities. Thus cutting to the heart of Righthaven's business model.'

    Righthaven is also targeting Veterans Today.

    Veterans Today describes itself as "a journal representing the position of members of the military and veteran community in areas of national security, geopolitical stability and domestic policy .... the only independent, unaligned voice of its kind in America, accepting no financial support from any organization or individual, existing solely for educational purposes."

    Reading between the lines of this shadowy group, best I can tell the site is run by ex-intel and ex-special forces American military personnel with a long reach into many spheres of intelligence, geo-political and international covert ops.

    Reaching Veterans Today is like finding life on Mars, and Righthaven which has numerous suits pending against Veterans Today calls them in court documents, an "entity of unknow orgin and nature."

    I'm guessing Righthaven just stepped into some deep waters with funny undertows.

    In any event, here's an open statement to Righthaven: Nobody likes a scumbag.

    And the Tenth Circuit of the United States District Court system really doesn't like you.

    To offer the reader an idea of the duplicity of Righthaven, consider its claimed Venue [the legally proper place where a given case ought to be argued].

    Righthaven asserts in one suit: "The United State District Court for the Southern District of California is an appropriate venue, pursuant to U.S.C. 28 §139(b)(2), because a substantial part of the events giving rise to the claim for relief are situated in California.” [No 2:10-CV-01672-GMM-LRN filed 11/24/2010]

    In a virutally identical suit served on another party, Righthaven asserts: "The United State District Court for the District of Nevada is an appropriate venue, pursuant to U.S.C. 28 §139(b)(2), because a substantial part of the events giving rise to the claim for relief are situated in Nevada.” [No 2:10-CV-01672-GMM-LRN filed 09/27/2010]

    Attorneys litigating in the federal court system are expected to be diligent about the facts presented to the Court. But this cookie-cutter nonsense litigating is absured on its face.

    I'm no lawyer, but the above example of Righthaven simulateously claiming two veneus for the same complaint sure does appear to be a violation of Federal Rules of Civil Procedure III. PLEADINGS AND MOTIONS; Rule 11. Signing Pleadings, (b) Representations to the Court.

    (b) Representations to the Court.

    By presenting to the court a pleading, written motion, or other paper — whether by signing, filing, submitting, or later advocating it — an attorney or unrepresented party certifies that to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances:

    (1) it is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation;

    (2) the claims, defenses, and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law;

    (3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery; and

    (4) the denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on belief or a lack of information.

    Posted by MAL at 8:58:00 AM

    Email This BlogThis! Share to Twitter Share to Facebook Share to Google Buzz

    Labels: David Kerr, Denise Nichols, fair use Righthaven LLC, internet troll, Judge John L Kane, Ken Bingham, larry scott, Michael Leon, POW Network.org, Righthaven LLC, Righthaven veterans, Righthaven victims

    "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

  7. I had a shoulder claim awarded by the BVA in May 2009.

    The VARO it was remanded to for a rating sat on it for 9 months, than low balled me with a 10% rating with out a C&P to determine what the shoulder condition was. After I NOD the rating in Feb 2010, I was sent to a C&P a month later. Went to a CAT scan on the shoulder a month after that. It's sat at the VARO for a year now without a final rating.

    Whats the excuse my SO tells me why they likely won't get to it any time soon? It's due to the NEHMER case according to him. I said then why have I had 5 ratings of denials in the past 12 months, for all the other issues before them, without a final rating on the shoulder?

    I also told him the RO's have had the funds and plenty of advance notice for the Agent Orange claims they should have started paying out in the 1970's. I also let him know in my opinion their excuse for holding up claims is pure BS. Of cource all I got was, you just have it in for the Dept of Veterans Affairs.

    I can't seem to find an SO that doesn't act like they don't work for the VA.

    The DVA raters have concealed favorable evidence and intentially stalled my claims since 1997. Why on earth should I trust them or believe anything from them? At this point, my SO isn't any different.

    The attorney I hired for my remaining issues is like day and night compared to an NSO. I know there are good ones because they come to hadit. But they really are hard to find.

  8. Good for you Stretch.

    My SMR's show three extractions and several fillings in 4 yrs. Not sure if I would qualify for anything or someone would have said by now.

    If we were paid interest for their so called errors of needless delays, there wouldn't be as many.

  9. Backlog buries veterans’ claims. USA Today

    http://www.usatoday.com/news/military/2011-04-07-1Abacklog07_ST_N.htm

    9. Backlog buries veterans’ claims. USA Today The number of veterans’ disability claims taking more than four months to complete has doubled, prompting criticism from veterans and Congress that the Department of Veterans Affairs failed to prepare for a rise …

    SOURCE: http://www.veteranstoday.com/2011/04/08/top-10-veterans-stories-in-today%e2%80%99s-news-167/

  10. After I sent the BVA Dr Bash's medical opinions, they claimed he couldn't have reviewed my c-file prior to giving his opinion. According to them in the denial, they claimed I had "NEVER" requested a copy of the c-file.

    So I sent the BVA, over a dozen unanswered, written requests starting in 1975 when my American Legion SO requested it. Up to one yr before Dr Bash reviewed the file the VARO just sent me. They had Dr Bash review their copy because "VETS" can alter any records they want, is what my SO informed me.

    Dr Bash again stated these are the same records he already reviewed and said his medical opinion was unchanged. So they did what they always do, they Dr shopped for another opinion they wanted from one of their staff consultants. Dr bash sent in another IMO stating their consultant doesn't come close to having his training and expertice and explained in even more medical rational why my issues are service connected. The Judge pointed out they have to except all the favorable evidence or be specific why they don't.

    I hope it ties their hands, but we all know the VA raters can do as they damn well please and deny till you die. Letting us die fighting appeals is their way of saving funding.

    The excuse of backlogs, is how they cover their butts for their dishonerable treatment of veterans in this country.

  11. Thanks Delta,

    The Seattle VARO had all of my original service records in their files since the 1970's.

    They chose to ignore all written requests from me and all my services officers I had over the yrs. Finally, in 1997, I spoke with a rating officer that said she was retiring in a week and didn't care what they thought and sent me what she could find. Out of a four yr enlistment, I received only the first yr and the separation exam. The smr’s just happened to include the car accident.

    I had the service medical records of injuries, before I ever filed the claims.

    Not a jeep. It was a 55 Chevy a friend of mind and I just caught a ride with on shore. Didn’t know the car owner. Went a few blocks and a drunk driver tee boned us. I was sitting in the middle and received a blunt chest trauma from hitting the steering wheel and was ejected. Had quite a few other injuries from it.

    The VARO would tell every SO I had that I never was involved in any accidents. Had one tell me that and almost accuse me of lying and committing fraud for filing claims before I received the records.

    The NAVY requested the civilian hospital ER notes according to me smr‘s. But I’ve never been able to obtain them or any of my, “ships sick call” treatment notes. They refuse to send them or they’ve been destroyed.

    When I filed for hearing loss, the VARO rater nearly accused me of fraudulent statements to the C&P examiner. I claimed I damaged hearing while on ship. So the Rater stated that couldn’t have happened because I was a truck driver during service.

    Had to request a local hearing after the denial and prove my case with the dd-214 they had in their files, that showed nearing 4 yrs sea duty on a heavy destroyer, out of a 4 yr enlistment.

    What I read was the judge wouldn’t let the BVA and VARO’s that rated my claim, get away with refusing to except facts, omitting facts and ignoring two favorable medical examinations and three IMO’s. They listed them in their contents on the denials, SOC and SSOC‘s, but refused to give any comment for or against or grant any weight to them. Even though one was a VAMC C&P examiner, and one from my private MD I went to for over a decade following service.

    Allan

     

     

     

    [Allan, I've read your case at the court. I think it is fabulous that you finally managed to find some medical records that showed you had an inservice injury. I assume the records you found were the civilian hospital records where you were treated after the jeep accident at a civilian hospital. If they were service medical records your attorney needs to be aware of 38 CFR 3.156 © as it existed at the time of the first rating decision denying service connection. Also I notice the decision discusses V.A. may have had a duty to assist by providing a V.A. exam but that duty to assist by law only exists after a particular year. I'm thinking that might be about 1992. Discuss this with your attorney. ]

  12. Subject: Data Spur Changes In VA Care

    Wall Street Journal

    March 29, 2011

    Pg. D4

    Data Spur Changes In VA Care

    By Thomas M. Burton

    Hospitals serving U.S. military veterans are moving fast to improve care after the government opened a trove of performance data -- including surgical death rates -- to the public.

    The U.S. Department of Veterans Affairs in November started posting online comparisons of the nation's 152 VA hospitals based on patient outcomes: essentially, how likely patients are to survive a visit without complications at one hospital compared with the rest.

    This unusually comprehensive sort of consumer information on medical outcomes remains largely hidden from the tens of millions of Americans outside the VA system, including many of those in the federal Medicare system.

    While many of the nation's nearly 23 million veterans have yet to catch on to the program, the quick response by some poor-performing VA hospitals underscores the potential impact of releasing such data.

    The information was released at the urging of VA Secretary Eric K. Shinseki. Among other things, it presents hospitals' rates of infection from the use of ventilators and intravenous lines, and of readmissions due to medical complications. The details have been adjusted to account for patients' ages and relative frailty.

    Hospitals that fall into the bottom 10% of national results can expect the VA to intervene with actions ranging from urging medical improvements to dismissing doctors."The VA secretary pays attention to this," says William E. Duncan, the agency's associate deputy undersecretary for health quality and safety. "Unless people in the VA system have an organizational death wish, they will pay attention to this, too."

    When VA hospitals in Virginia and Oklahoma learned an abnormally high number of their patients contracted pneumonia while on ventilators, they took steps to cut the rates. And a hospital in Kansas City, Mo., that recently ranked relatively poorly on surgical-death rates says it has improved by making staffing and other changes in radiology, cardiology and emergency medicine, including better avoiding hospital-borne infections.

    Still, after seeing that the Kansas City VA Medical Center's posted surgical-death rate was about 79% higher than expected for the severity of its patients' illnesses, a veteran might opt for the VA hospitals in St. Louis; Columbia, Mo.; or Wichita, Kan.; which posted relatively lower surgical-fatality rates. Former soldiers, sailors, airmen and women and Marines are free to choose among VA facilities.

    "Why would we not want our performance to be public? It's good for VA's leaders and managers, good for our work force, and most importantly, it is good for the veterans we serve," Mr. Shinseki said in an emailed statement.

    The same sort of information is nearly impossible for most Americans outside of the VA system to get.

    Medicare, the nation's largest medical-insurance program, publishes risk-adjusted death rates only on patients suffering from congestive heart failure, heart attacks and pneumonia. Medicare directly serves nearly 50 million patients, and most other Americans get essentially the same care and information about their hospitals as do Medicare recipients.

    A November 2010 report from the Health and Human Services inspector general concluded that one in seven Medicare patients is harmed by medical care, nearly half of those avoidably.

    Medicare spends billions of dollars every year for care of patients who have been rehospitalized or endure lengthy hospital stays after bleeding, infections and other post-surgery complications. Rehospitalization alone costs upwards of $15 billion a year, according to estimates by Medicare and others.

    Medicare does publish extensive data about medical processes, such as whether a heart-attack victim was given an aspirin or a beta-blocker.

    "More is planned in the way of outcomes measures," said Michael T. Rapp, Medicare's director of quality measurement. He says the agency later this year will publish details such as post-surgery respiratory failures, accidental punctures and surgery deaths from certain complications.

    One reason the VA can offer such detailed data is that it operates a closed, centrally managed system, whereas Medicare and the broader health-care system encompass a wide array of hospitals with disparate management and computer systems.

    The VA's November data release was the first version and will be made more user-friendly, Dr. Duncan says.

    The system's results aren't broken down by specific type of operation-say, how a patient might fare in liver or prostate surgery-but the VA's Dr. Duncan says that is being considered. Nor has the VA embraced another step advocated by some medical-quality

    experts: Checking to see, for instance, whether a patient is cancer-free a year after surgery, or whether a patient's reconstructed knee works right.

    At VA hospitals in Oklahoma City and Salem, Va., the rate of pneumonia acquired by patients on ventilators was shown last fall to be significantly higher than the national VA average. The Salem hospital says a relatively low number of patients on ventilators skewed its infection rate higher, but staff members at both facilities say the numbers prompted action.

    Seeing the data helped, says the Salem hospital's chief of surgery, Gary Collin, because "you can become kind of complacent."

    VA officials say the data push hospitals to constantly improve. "There's always a bottom 10%," says VA Deputy Undersecretary William C. Schoenhard. "When one hospital improves, somebody else goes in the barrel."

    Full Disclosure

    Some information the VA publishes, by hospital:

    *Surgical death rate, over the past 12 months

    *Acute-care death rate

    *Intensive-care unit death rate

    *Ventilator-acquired pneumonia rate

    *Rate of intravenous-line infections

    *Hospital readmission rate

    "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

  13. Thank you everyone for all your comments.

    The way I read the judges decision, like me, the judge couldn't figure out how the board blew off every favorable medical I and they obtained and think they won't get caught. He listed every error they made.

    .

    After more than a decade under BVA review, they sent me for a C&P for the shoulder and left arm only. They failed to provide a C&P for the cervical, thoracic and lumbar. The Dr said the arm and shoulder were service connected.

    So the BVA granted the shoulder and ignored the arm issue. The Judge pointed out every lousy trick they pulled and is forcing them to correct it. Quoted Dr Bash's medical rational twice and pointed out that every medical opinion they Dr shopped against me had no medical rational or bases over his, their examiner or my private Dr's examination with opinion.

    Since 2009 when the BVA remanded the shoulder award back to the RO for rating. The RO granted 10% without providing a C&P to determine what was wrong with the shoulder. I NODed that and after a C&P in March 2010, I still wait for the final award for it.

    Hopefully a CAVC remand, with an attorney, won't let them drag it out like they have in the past.

    To all veterans still fighting for their benefits..................NEVER GIVE UP!

    Even if I don't recieve a dime out of it, stopping them from cheating all of us is a win, win, win.

  14. To: Veteran Issues by Colonel Dan <VeteranIssues@yahoogroups.com> Subject: [VeteranIssues] FW: A soldier's 39-year battle, Ft McClellanDate: Feb 28, 2011 9:14 AM

    Partial Reprint

    http://www.timesunion.com/default/article/A-soldier-s-39-year-battle-1032634.php

    ALBANY -- Disabled Army veteran Susan Frasier rides an overnight Greyhound bus alone each month to Washington, D.C., to walk the halls of Congress in search of elected officials who will support her where the U.S. Department of Veterans Affairs and federal courts have not.

    Frasier, 60, blames her five months of Army training at Fort McClellan, Ala., in 1970 for decades of crippling health problems. She says toxic chemicals at the base poisoned her, causing her to suffer from fibromyalgia, autoimmune disorders and asthma. She underwent a hysterectomy at age 37, and surgery to remove a life-threatening stomach blockage in 1991, when she was forced to retire from General Electric Co.

    Despite her health problems and living on a fixed income, the Albany woman has for eight years traveled to the nation's capital to press lawmakers to examine the health records of Fort McClellan veterans. She also wants state leaders to investigate past corruption of disability claims in the VA's New York office, which has rejected her applications for monthly disability payments stemming from her military service.

    Driven by a belief that the VA has abandoned her and others who served, the ex-soldier has turned into a "protester" for veterans rights. Frasier counsels others who served at Fort McClellan, some of whom have also experienced health problems that are similar to those caused by Agent Orange exposure and Gulf War Syndrome.

    "My life has been ruined, destroyed," Frasier said.

    The Corinth native joined the Army as a healthy, fiddle-playing teenager in 1970. She wanted to serve at a time when women were integrating into new military roles. Like most female recruits and military police near the height of the Vietnam War, the Army assigned her to train at Fort McClellan in Anniston, Ala. "There was very aggressive recruitment for women to join the military in those days," Frasier recalled. "They promised us a lot."

    Principal training center

    Established in 1917, Fort McClellan was the home of the Women's Army Corps, Military Police School and the Chemical Corps. As one of the military's principal chemical and biological training centers, some of its troops were subjected to live chemical agents in training, reports say.

    The base maintained an annual average population of 10,000 troops, but the federal Base Realignment and Closure Commission voted to shut down Fort McClellan, and it closed in 1999.

    At Fort McClellan, the Army assigned Frasier to its 14th Army WAC Band. The young private played percussion in a marching band and 12-string guitar in its dance band, which performed at officer clubs. Frasier remembers smokestacks emitting dark smoke and a fog-like haze, but no strange smells or tastes. She was there from July through November of 1970.

    What Frasier and tens of thousands of vets who passed through the base didn't know -- and many still don't -- was that the Army's experiments with chemical munitions on the base turned Fort McClellan into a hazardous waste site, according to the U.S. Environmental Protection Agency. But that's not all.

    Anniston, a city about the size of Saratoga Springs, grew into the most contaminated place in the nation, according to scientists. Located in the foothills of the Appalachian Mountains, soldiers on the 42,286-acre base drilled just miles from an enormous chemical manufacturing plant owned by Monsanto Corp., which produced and discharged tons of polychlorinated byphenyls -- PCBs -- into the air, soil and water for several decades until 1971, according to the EPA. Located just east from the camp is the Anniston Army Depot, which incinerated nerve gas and contaminated area soil and ground water with cyanide, lead, pesticides and more through the late-1970s, the EPA says.

    Read more: http://www.timesunion.com/local/article/A-soldier-s-39-year-battle-1032634.php#ixzz1FGijlbrc

    From: Robert P Walsh [

    Sent: Monday, February 28, 2011 6:40 AM

    To: ALLISON

    Subject: A soldier's 39-year battle

    From: Chuck Palazzo [

    Sent: Sunday, February 27, 2011 10:39 PM

    To: Chuck Palazzo

    Subject: A soldier's 39-year battle

    http://www.timesunion.com/local/article/A-soldier-s-39-year-battle-1032634.php

    Disabled U.S. Army veteran Susan Frasier rides an overnight Greyhound bus each month alone from Albany to Washington, D.C., to walk the halls of Congress.

    Read more: http://www.timesunion.com/default/article/A-soldier-s-39-year-battle-1032634.php#ixzz1FDlYLQ3T

    "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

  15. To: Veteran Issues by Colonel Dan <VeteranIssues@yahoogroups.com> Subject: [VeteranIssues] Legal-fee aid cut hits vets, elderly..All those cuts have consequencesDate: Mar 10, 2011 7:31 AMAttachments: image001.gif

    Legal-fee aid cut hits vets, elderly

    By: David Rogers

    February 23, 2011 06:44 PM EST

    Talk about collateral damage!

    http://www.politico.com/news/stories/0211/50075.html

    Taking aim at environmentalists last week, House Republicans dropped a round instead on low-income veterans and Social Security recipients, making it harder for them to retain counsel when taking on the government.

    Adopted by 232-197, the budget amendment imposes a seven-month moratorium on all legal fees paid under the Equal Access to Justice Act (EAJA), a Reagan-era law designed to help the little guy battle Washington by making it easier for him to afford an attorney.

    Conservatives from Reagan’s own West were the driving force, accusing environmentalists of turning EAJA into a taxpayer-financed, money-machine for lawsuits harassing ranchers. But thousands of veterans and elderly found themselves swept under in the process, losing their ability to retain counsel in disputes with government agencies.

    It’s not on the level of 1981 when the House briefly cut off minimum Social Security benefits for thousands of elderly Roman Catholic nuns. But with U.S. troops fighting overseas, taking away lawyers from low-income veterans can get pretty close.

    Robert Chisholm, a Rhode Island attorney prominent in veterans’ law, told POLITICO: “We’re in the middle of two wars right now and to make it harder for a veteran — fighting for his benefits — to have an attorney is a horrible thing. That’s not what this country is about.”

    The story of EAJA’s impact is told by data compiled in the annual reports posted by the United States Court of Appeals for Veterans Claims.

    For a veteran to have any solid chance of success, retaining counsel becomes more important as each case proceeds. And among those appeals which reach a decision on the merits, a very high percentage correspond with EAJA applications and fees paid for attorneys.

    For example, about a quarter of all the cases in 2009 were dismissed on procedural grounds, but of the remaining 3270, EAJA-backed attorneys were decisive. As many as 2385 applications for fees were granted: that’s about 73 percent of all the cases decided, and since awards are made truly only in those cases where the citizen wins, EAJA attorneys are a still higher percentage measured against that standard.

    “It’s going to adversely affect a lot of veterans” said Ronald Smith, another attorney with long experience before the court. “It would hurt a lot of veterans, that is for sure.”

    Smith — who is part of the intellectual property giant Finnegan, Henderson, Farabow, Garrett & Dunner — does his work pro bono: the EAJA fees are collected from Veterans Affairs and then given to charity.

    But as a practical matter, the typically below market-rate EAJA fees are important for many attorneys to “keep the lights on and pay the rent” Smith said while being available to veterans.

    In the case of Social Security, claimants don’t have a special court to go to like veterans and are spread among federal district courts around the nation. In 2010, for example, there were as many as 12,143 decisions, about half of which were remanded back to the government or allowed directly in favor of the client.

    Precise data on the level of EAJA awards is harder to get, but Nancy Shor, executive director of NOSSCR, an attorneys’ group representing beneficiaries, said the House’s “blanket” removal of all fees would tilt the odds against lower-income elderly who can’t afford an attorney.

    “Over the past 30 years, EAJA has leveled the playing field for claimants by ensuring the availability of counsel,” she said, “We oppose this amendment because it would so unfairly turn Social Security and veteran claimants away from the federal court system.

    There is confusion still as to why the Republican amendment reached so far, when the primary targets were environmental lawsuits and, specifically, those EAJA payments made by Western lands and wildlife agencies within the Interior Department.

    Hayley Douglass, a spokesperson for Rep. Cynthia Lummis (R-Wyo.), the chief sponsor, said House rules made it hard to refine the language and Lummis was “well aware” that all payments “good, bad or indifferent” would be blocked through Sept. 30 if the amendment is enacted. But within those seven months, the congresswoman intended to introduce a reform bill to address what she sees as abuses in EAJA and make the system more transparent.

    “The amendment was intended to highlight abuses, not to overturn EAJA,” Douglass told POLITICO.

    Nonetheless, people familiar with House procedure said that exceptions could have been carved out for veterans and Social Security claimants if the sponsors had wished. Or the amendment targeted better to apply specifically to Interior alone.

    “You’re going to be disempowering for the most part, Social Security and veterans cases that otherwise would not be able to be brought against the federal government,” said Rep. Edward Markey (D-Mass.) in floor debate. “You guys are here representing big government against the essence, the heart and soul of the tea party movement..”

    __._,_.___ "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

  16. (VARO) level of review of evidence.

    The AMC is the VARO level of review. Why it went to the AMC to rate it, I have no idea. They will stall it until they pass it back to another RO in the country to process it.

    The waiver is to have the BVA review the evidence, instead of the VARO's or the AMC on appeal.

    Why was it sent to the AMC to rate it, instead of the VARO?

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