Jump to content
VA Disability Community via Hadit.com

Ask Your VA   Claims Questions | Read Current Posts 
Read Disability Claims Articles
 Search | View All Forums | Donate | Blogs | New Users | Rules 

Capt.

Second Class Petty Officers
  • Posts

    801
  • Joined

  • Last visited

Everything posted by Capt.

  1. I hope this helps someone but it is an old Agent Orange Training document that had a meeting in Colorado with over 100 people taking the training course on how to use it. Check out the roster of who's who and the chemicals they are using. 1973 was the year and yes Mr. Harold Teiken was there from Fort Greely it says. This should be interesting if any of us can use this as evidence. What say you Hadit family members?? Why do you have a training course if they never supposedly used it in the U.S. and Alaska. Never Give UP...God Bless, C.C. http://www.nal.usda.gov/speccoll/findaids/.../text/03812.pdf
  2. Hello Pete,,,, thanks for the encouragement with these beast. What would you do to get VA to give a hearing test? Is this legal for them to refuse me a hearing test? God BLess, C.C.
  3. Hello All and a Happy Belated Veterans day to the Hadit family. I spent all day at the VA hospital yesterday with test (Pulmonary)Xrays and the most argumentative, obnoxious VA doctor I have had yet.I will post on his comments on this subject under a different title, as it is pretty clear what the VA doctors are and are not going to do for any Veteran. My question is that I have a claim that was reopened and denied for hearing , tennitus from 1973. I asked my PCP VA doctor if he could request one and he said that he did but the VA said I "was not service connected" and declined one. I am waiting for a call from the VBA officer to see how I can get one. Talking with several Veterans on this one and they are stumped as to why they denied me the hearing test. I have not had one since the military days. What do you do ? I sure don't want to do an out of pocket private Dr as I am about IMO'd out to the poor house. I just finished with a Neurologist and will get another IMO concerning AO and my peripheral neuropathy. My lawyer and the Private Neuro said I should also get another Eye Doctor for an IMO that can link chemical exposure to my Dry Eyes/Atherosclerosis exam/dianosis from a contract VA doctor. This is sure getting complicated and of course very frustrated. Any thoughts or recommendations on a eye doctor or a way to get the VA to give me an ear test would be helpful. God Bless, Never Give Up..C.C.
  4. Hello Berta, I agree with you as it certainly is no listed on the VA as other than what you and I have said and this is what I have used. Also the VA denies I operated heavy equipment even with the Army certificates and I already have 2 buddy statements saying that I operated heavy equipement. Add the VA refusal to discuss any soil , underground water test or any environmental impact test ...quote " these documents are not open for discussion", and literally the VA is being ILLEGAL and not following the CFR's or MI's. The Doctor I went to see last week who is the leading expert in the chemical exposure arena said he could not see anything wrong with my claim ,,,,but the buddy statements. I have done everything by the book so to speak. Exposure has already been discussed by the Doctors nexus. Berta this thing is so crazy its as if I am in a different VA country than you and everyone else. Don't worry I am not quitting ....... God Bless, C.C. Never give up.
  5. Oh yes , I forgot to say that two Nexus discussed how the chemicals/toxins were exposed to the veteran. So I do not know what I need to do ..Berta.....this thing seems to be one vet is in the other is out with the same evidence. God Bless, C.C. Don't ever give up.
  6. Hello Berta, On proving exposure I have listed the change of mos to the Post Engineers , I supplied my Army certificates of achievment and training concerning Heavy Equipment operator. I have listed the known chemicals and agents being remediated by ADEC, USACORP Eng , and Environmental engineering Groups responsible for monitoring and cleaning of those areas , by site number and bldg number. I have buddy statements commenting on me operating. I have initial post med records showing URI's (6). I have worked directly with the chemicals mentioned at those locations listed. As you can read in the denial , those records are not open for discussion.....would this be because they still believe that my original mos could not have exposed me????? and this is why it is not probative. I can prove that I was an Heavy Equip Operator. I just got back from the leading expert in AO and he said my evidence is fine and all of my test and even 2 other Dr. opinions are fine . He says they are denying I did this....but he will have a nexus that will address this. He also said the VA must have buddy statements that do not say what the VA tells us to write on the document buddy statement..."I hereby certify that the the information I have given is to the best of my knowledge and belief"..... is no good.......... He says that your buddy statements must be done in a court reporter and given under oath.....so that they can be "proven up" ....This is not listed on any VA sites or given in their instructions...... He tells me that is all my claim lacks for AO PN service connected....ANY Thoughts here. My test results are prelimanary but they are talking about me having severe Peripheral Neuropathy and Brain problems with the nerve damage and that I have Dementia..... Have not studied that one ....any help or new claim needed as secondary . Dementia.... God BLess, C.C. Never Give up..
  7. Hello Berta and Josephine,,,,,Josephine that is one fine nexis....really covered all of the bases , and it shows some hard work. You had a knowledgeable and fine doctor that was a major asset to your case. Berta some of the reasons given by the VA are: "You submitted records showing numerous soil, groundwater, and other studies that were performed at Fort Greely, Alaska. The details of each of these studies will not be discussed." "A statement by Dr. XXXXX dated Jan30,2006 reported , " Mr.xxxxx duties of fire fighting details, adn heavy equipment operator and being stationed at Ft. Greely put Mr. XXXX in direct contact with chemicals, agents , weapons adn materials. Dr XXXX reported he believed it was at least as likely as not that your sensory neuropathy condition is related to exposure to toxic chemicals, agents, etc during military service. Dr XXXXX fruther indicated , there is no other etiology or logical reasons for his numerous health problems and diseases and the numerous, well documented chemicals, agents including nuclear, at Ft.Greely can be the only cause tho this numerous health problems. Dr.BBBBBBB also submitted a medical opinion indicating it was likely that your neuropathy was due to your exposure to toxins during you military service. Dr. BBBBBBB indicated Ft. Greely was a test and storage site for several types of toxic materials." " Statements from Dr. XXXXXX and other physicians regarding the casual relationship between your medical conditions and exposure to chemicals , toxins, etc., during service are based on your owon account of being exposed to these agents and or results of studies you brought in n toxic wastes to which you reported being exposed to while in the military service in the 1070's Further , the opinions are base on your reports of being stationed at Ft. Greely for 18 months working as heavy equipment operator as billeting manager for housing." "Although your service records confirm you were stationed at Fort Greely, Alaska, your primary duties, are shown as clerk typist, and administrative specialist. In summary, the medical opinions provided are based on the premise that you had actual exposure to numerous chemicals and toxins while stationed at Fort Greely performing military duties. However this is not supported by the military records. There is no evidence showing you were exposed to any of the claimed chemicals or toxins during military service. Therefore , the medical opinions provided have no probative value since exposure to the chemicals during service is not shown by the evidence of record." "Therefore , the medical opinions provided have no probative value since exposure to the chemical during service is not shown by the evidence of record." This is the basic denial on all claims with " See issue 1" on all of the rest. The nexus I have are also qualified with the same Dr. you have used Berta and another with lengthy Vitae's for both. Some of the notes are also by 2 VA docs with mention in Progress Reports. I have a lawyer now but do not know if this is a going to be easy. My lawyer wants a notice to reconsider at DRO before my one yr deadline with appeals. I am going to get another opinion and nexus that is going to be expensive , but hopefully this will add some more.... I just hope I can outlast these paper shredding rascals........by the way my lawyer said my SMR's are missing some records....... whatever that means. Thanks for all of your help Berta and Josephine , John and Cowgirl and Tbird ....this hopefully will show other veterans what to be prepared for and how to fight the battle with a broken system. NEVER GIVE UP.... God Bless, C.C.
  8. Hello Berta and thank you for the info......I had forgotten some of that and know that it will help me as well as some other here with their claims. Now concerning the legal language or phrase using the 3 examples .....which one does the veteran have the best chance with...??? So far noone has expounded on this part of my question and think this is important when the Veteran gets to court per say. Thanks again Berta .....get your snow shovel ready....... God Bless, Bill
  9. Hello and thanks Berta , John , and Cowgirl.... Each one of you posted some pertinent stuff...each having different dealings with the VA and their own battle with them. Kinda of makes you think that each case is viewed differently even when the VA is suppose to use the CFR and MI but we know better. Ok so John I see your answer did not use the important legal terms I listed. Do you think that your answer would satisfy the VA or BVA without the proper wording??? Berta or Cowgirl which legal phrase , of the three I listed, is best then? Yes , I agree that an IMO or MO, if done by VA doctor, should be be written by the Doctor but it is not necessary. The reason I asked for any sample IMO/MO is to help the Vet write one specifically for their disease/injury which the doctor may not be familiar with all of the details or that it is to be used for court rulings and after all this is really what it all boils down to, is court and the CFR's. Where accuracy and wording can mean the difference. Anybody else have thoughts on the wording of the phrases of which one is best or has a sample of an IMO/MO for evidence. Once again thank you Berta, John, Cowgirl. God Bless, Bill
  10. Hello All, Ok,,,, I am going to get more IMO's from several doctors. I already have at least 3 . Most of the Hadit group know the importance of IMO's as well as myself. It is not illegal for a veteran to write an IMO for a doctor for him/her to sign as long as the doctor agrees with it and it is factual and supported by evidence/test. It is his or hers opinion. For the sake of helping me and others who will or are at some point going to get an IMO lets hear from some of you who have had success on the their SAMPLE type IMO that is PROVEN to work or has already succeeded in RO or BVA cases in the past. OR EVERYONE GET TOGETHER AND COME UP WITH A NEXUS THAT IS JUST GOING TO KNOCK THE VA OUT COLD WITH NO WIGGLE ROOM. Also the legal phraseology of the nexus with the ever important acceptable terms such as ..... 1."is due to"= 100% 2."more likely than not"= greater than 50% 3."at least as likely as not"= equal or greater than 50% WHICH ONE IS THE BEST to use for VA , RO, DRO, BVA, COVA, APPEALS. I have used the bottom one but my IMO's have also said "AS least as likely as not" without the AT least as likely as not". Is this a legal problem and grounds for the VA to ignore IMO? I believe this to be a great help to the Veterans and I am in the process of writing an Independent Medical Opinion (IMO) or in this case a Medical Opinion(MO) for my VA doctor and several more to sign , which they have agreed to...... I almost had heart failure when I asked and got a yes they would sign it , even when I said I would word it for them....... OK HADIT family here it is ......plain and simple..... THE BIG GREEN LIGHT..... SO Everyone can play this one ....what works and what is best? The Veteran writes the IMO/MO and the Doctor agrees to the wording and opinion and signs it. Lets see what some sample letters that are indefenseable by the VA , should look like from some of the successful Vets here. Any VA lawyers out there reading this..... PLEASE write a sample letter that will win in the BVA / COVA Appeals process. Or for that matter even an initial decision. Lets please try and keep this to the main points .... Best legal phraseology of the 3 choices and why. Sample IMOS from members here at Hadit that will propel the claim in a favorable ruling by the VA. You can write one up that has not been submitted to the VA , so if everyone writes one we can glean and use bits and pieces and come up with one that will be great for Veterans wanting to get their IMO or even VA doctor to use. This should be interesting and beneficial not just to me but to all Veterans. Thanks again to our family here at Hadit..... NEVER GIVE UP .....God Bless,,,,,,C.C.
  11. Hello Googy, CONGRATULATIONS..... Whenever a Veteran beats the criminal Veterans Affairs , it is encouragement to myself and all of those Vets and their families to NEVER GIVE UP. I read your numbered state of events and almost thought I was reading my own claims..... almost everything that you wrote I can relate to. I could not agree more with what you have said about doing your legwork and gathering your evidence. I was not as fortunate as you to have a VSO as good as yours in the beginning of my claim. I changed Service organizations from DAV to the VVOA and had a really good VSO but he got burned out and retired , but fortunately I got a good a VA lawyer and now I have to wait and see what the NOD period and the Notice of reconsideration at the DRO will do. Your victory is one for all of us and I am very thankful and happy that you have compelled the VA to do the right thing. Once again Congratulations to you and your family. God Bless, NEVER GIVE UP. C.C.
  12. Hello All, I know that everyone has an opinion and some better than others , ideas logical or illogical. I have noticed a disturbing trend and I have heard this from some other concerned Vets. It seems that every group wants "their" piece of the pie when it comes to the VA. Yes , I believe almost everyone here at Hadit realizes the adversarial , and criminal position that the VA takes on Veterans Claims and basic rights. The problem that one group deserves more than another is beyond me. I cannot think selfishly when others are being subjected to the outrageous behaviour of the VA. Some of these so called Veterans groups,( I am not going to name them because they have already labled themselves by their own remarks and stances on issues)appears to only be concerned with themselves. How can a country that is divided with this kind of thought process and mentality, be successful with changing the VA? What message are we sending to those new Veterans coming into the system with exposures from the recent conflicts and those that will be sick in 10, 20, 30 years? Could we,as Veterans,have voiced our concern over the Agent Orange fiasco , with a more unified effort? Instead we still have this EXPOSURE issue because everyone is thinking of himself. What about the future exposures , not just AO , but DU, Sarin, VX, biologicals and nuclear that are here and will start taking their toll on our Countrys defenders? Is Congressmans Mike Thompsons Project 112 fair??? Only those who were involved in the test are to be covered. Does this sound like AO fiasco again? How many years to change this one. Congressman Filners bill on AO is direct and to the point, backed by sound scientific fact , not based on special groups or "boundary limitations". How about a Veterans Act of 2009 which covers important issues like passing bills of exposure to anyone stationed or aboard a ship with AO, Project 112 , Shad, The Widow DIC Pension retro from his or hers spouses death, not having to start over with their claim? A Veterans Act of 2009 with ALL the bills rolled into one. Not pathetically listed and brought forth and voted on , maybe years down the line. Think of the tax dollars it would SAVE ...Can we talk to our Congressman and Senators and suggest this? As long as every group keeps saying we can't get that thru and it will hurt all the hard work "we" have already done or that won't help "me", then as a group , as real Veterans, then we fail , because "we do leave someone behind". EXPOSURE is exposure. Yes veterans die from gunshot wounds and shrapenal and many wounded , but more die from exposures to known chemical and agents and are far and away the largest part of the VA claims process. As Veterans we have to support ALL of those who have been wounded or killed. It only makes sense that our elected officials change the laws accordingly with ALL veterans groups saying the same thing. With all Veterans groups striving for the same representation and rights as the next. All Veterans groups united, not leaving another group out from the same illnesses, wounds , or disease because they were in one place or aboard this ship or at this firebase, or at that camp, or that Fort or that base. This place is recognized but that place is not, even though the same contaminates, chemicals, weapons, agents were used in both. This mentality actually borders on the verge of insanity and certainly is "illogical". But until this selfishness is dealt with then Veterans past, now and in the future , and their families and widows will lose , lost in the pit of dispair and beaurcracy because "we" did not stand UNITED as one voice. AMOS 3:3 Can two walk together except they be agreed? I did not want to post this but after the last couple of months and dealing with some Veterans and their widows really hurting and then listening to a bunch of "nonsense" from some others, I am compelled to state the Veterans responsibililty to his country and fellow servicemen and women. I remain contaminated , sick , just as many others. Thanks to all for those who have tried to help me , because now I am helping some other Veterans, families and widows that are dying and others that have already died ,and thats what the blessing is for being a Veteran.Helping others as they fight something they know nothing about. God Bless, Capt.Contaminate
  13. Hello All, So as not to cloud the water or the country and will use my title to voice my opinion.......EXPOSURE IS EXPOSURE , no barriers, no lines no countries . If it was used in the US,,,,ITS EXPOSURE, IF ITS USE IN ALASKA, ITS EXPOSURE, IF IT S USED IN UPSTATE NEW YORK < ITS EXPOSURE, IF It used in Texas,, IF its used in Colorado , If its used on the face of the EARTH,,,,THERE IS EXPSOURE......I am tired of someone getting mad........EXPOSURE IS EXPOSURE . I dont care where it is.The HR 5954 same thing....If you used it there or anywhere , its exposure Mr. Thompson. and no its at least a start aint a going to cut it. Anyone near or stationned with or participated is automaticly in.....yes exposed. Write the bills right the first time not a little here then in 5 yrs we will get if expanded maybe. Just bring them on and vote them in ...plain and simple....thats how I got my name ....No not plain and simple......Capt. Contaminate.......Mr. Exposure is the civilian part of . Take a deep breath ,,,,,,in with the exposed air , out with bad,,,in with the exposed air out with the basd. Take a few more deep freaths everyone....you can doit. Your now exposed......Now get over it . God Bless, C.C.
  14. Hello Rattatatt, Your inquiry to buddy statements is very important. Is this an initial claim or an appeal? I do not know what your claim includes but from what you have quoted the VA of sending you it appears that you have not included your buddy's copy of his/her DD214 and documents such as a military letter of duty assignment substaniating their being stationed with you. The statement also needs to have your case number , usually at the top right hand corner and at the bottom of their statement , "I hearby certify that the information I have given is to the best of my knowledge and belief". There is no need to have it notarized but it is not necessary. The VA has pretty much stated why they denied the buddy statement. The problem is the VA almost always denies everything including the buddy letters or statements from friends or family. However , eventually the case will end up with someone who can read or even better , before a judge and then the law will come into play and the buddy statement becomes a big bomb. I also have buddy statements and very specific but also have been denied so don't feel bad. I would also add their complete address and phone number to your buddy statement. Making sure the statement is bullet proof and being precise to the exact location, times, places, job responsibilities, what they observed, will give the VA little wiggle room once it reaches the "right decision makers". My case is huge , very complex, and large amounts of documentation, medical test, and the extremly important Independent Medical Opinions as well as opinions from the VA doctors. Still the VA only wants to deny and not let me prevail because of the flood of other claims that will be affected by a positive decision. Try and stay focused , don't let them discourage your next move, and NEVER GIVE UP. Your buddy statement is like a canister of VX gas going off.....the VA cannot hold their breath forever and is going to have to breath it sooner or later......... and your buddy statement could decide your battle. God Bless, C.C.
  15. Hello Everyone, I would like to stress the importance of statements that the VA has used because some of you are also going to possibly be given this same treatment. When can the VA says "each of these studies will not be discussed" this means no evidence can be brought forward to help the veteran. According to the CFR's 38.3.311"Sound scientific evidence means observations, findings, or conclusions that are statistically and epidemiologically valid, are statistically significant, are capable of replication, and withstand peer review, and "sound medical evidence" means observations , findings or conclusions which are consistent with current medical knowledge and are so reasonable and logical as to serve as the basis of management of a medical condition." Is this cause for the CUE to be enforced on the Appeals???? The evidence is supplied but ignored. IMO's correctly done. Also concerning acute and subacute rulings 38 CFR 3.309(e) and 38.307, the VA must allow chronic rulings due to 38 CFR own language and the BVA cases precedent. Fellow veterans , I do not know how much more to present as far as evidence. I feel I need to get before someone that will look at the evidence. I already have the letters from Medical Doctors and IMO's stating chronicity and latentcy of these diseases. The VA has not come up with any causes or etiology. I have. I am ready to appeal and will but should the appeals stay within a group at the VARO who obviously is renegade and refusing by their own words not open to discussion of evidence as they stated. Is this legal? Has any other veteran been denied in this way? What do you do next if they will not discuss this? How can an appeal be made if they won't discuss your evidence? I have used most of the great suggestions and help from many of you here and know that I have prepared a good claim but it now has been hijacked. I have heard so many of you say the same thing I am saying and know now the frustration that many of you have gone thru.Its really crummy and I hope this means I now can do something about it. I am sorry for rambling on but I did list word for word in my other post some of the stuff they have stated. Any ideas will be helpful ....I still hope I can find a lawyer from Bertas list. God Bless, NEVER GIVE UP. C.C.
  16. Hello Everyone, I would like to stress the importance of statements that the VA has used because some of you are also going to possibly be given this same treatment. When can the VA says "each of these studies will not be discussed" this means no evidence can be brought forward to help the veteran. According to the CFR's 38.3.311"Sound scientific evidence means observations, findings, or conclusions that are statistically and epidemiologically valid, are statistically significant, are capable of replication, and withstand peer review, and "sound medical evidence" means observations , findings or conclusions which are consistent with current medical knowledge and are so reasonable and logical as to serve as the basis of management of a medical condition." Is this cause for the CUE to be enforced on the Appeals???? The evidence is supplied but ignored. IMO's correctly done. Also concerning acute and subacute rulings 38 CFR 3.309(e) and 38.307, the VA must allow chronic rulings due to 38 CFR own language and the BVA cases precedent. Fellow veterans , I do not know how much more to present as far as evidence. I feel I need to get before someone that will look at the evidence. I already have the letters from Medical Doctors and IMO's stating chronicity and latentcy of these diseases. The VA has not come up with any causes or etiology. I have. I am ready to appeal and will but should the appeals stay within a group at the VARO who obviously is renegade and refusing by their own words not open to discussion of evidence as they stated. Is this legal? Has any other veteran been denied in this way? What do you do next if they will not discuss this? How can an appeal be made if they won't discuss your evidence? I have used most of the great suggestions and help from many of you here and know that I have prepared a good claim but it now has been hijacked. I have heard so many of you say the same thing I am saying and know now the frustration that many of you have gone thru.Its really crummy and I hope this means I now can do something about it. I am sorry for rambling on but I did list word for word in my other post some of the stuff they have stated. Any ideas will be helpful ....I still hope I can find a lawyer from Bertas list. God Bless, NEVER GIVE UP. C.C.
  17. Hello Berta, I just went to the mailbox last night and sure enough the denial was there. Basically they just used the typical you have not shown reply," service records do not show you were treated for blah blah blah....",the military separation examination completed documented a normal examination....blah blah....,service connection on a prsesumtive basis much also be denied.....,You submitted records showing numerous soil, groundwater adn other studies that were performed at Fort Greely, Alaska, The details of EACH OF THESE STUDIES WILL NOT BE DISCUSSED??????? Statements from Dr. X and DR. Y regarding the causal relationship between your medical condition and exposure to chemicals, toxins, etc. during service are based on YOUR OWN ACCOUNT of being exposed to these agents and/or results of studies you brought in on toxic wastes to which you reported being exposed to while in the military service in the 1970's. Although your service records confirm you were stationed at Fort Greely , Alaska , your primary duties are shown as clerk typist and administrative specialist. In summary , the medical opinions provided are based on the premise that you had actual exposure to numerous chemicals and toxins while stationed at Fort Greely performing military duties. However, this is not supported by the military records. THERE IS NO EVIDENCE SHOWING YOU WERE EXPOSED to any of the claimed chemicals or toxins during military service. Therefore the medical opinions provided have no probative value since exposure to the chemicals during service is not shown by the evidence of record..... Per court of Appeals for Veterans claims decision Reonal v. Brown, 5 Vet. App 458 (1993) a medical opinion which is based on an inaccurate factual premise has no probative value. While professional opinions must be considered, VA is not bound to accept any opinion (from a VA examiner, private physician, or other source) concerning the merits of a claim(Hayes V Brown 5 Vet App 60 (1993) Reasonable doubt and one within range of probability as distinguished from speculation or remote possibility. The rule regarding benefit of reasonable doubt does not apply because the preponderance of evidence is unfavorable. As you can see they ignored the evidence. They ignored specifice Army documents that I was also with Post Engineers and operated Dozers and Motor graders. Also Dr. Groner and Dr. Bash specifically reviewed documents and test made their IMO. The test from VA are all without argument. The evidence I sent is expressed and stated with agencies reporting the risk and the amount of chemicals and toxins and listed as Hazardous. The VA did not answer the acute subacute rule of 38 CFR verses chronic and the cases I listed in the SSOC. Also with specific doctors nexus showing chronic being latent for up to decades.Totally left out. The records show the numerous Upper respiratory infections from Fort Greely and noted by Dr. Bash and Dr. Groner, but the VA says that on several of the problems, "you were treated for this episode and and the condition resolved". This is clearly pick and choose for the VA. They have ignored specific records, specific SSOC statements, and have not used the SSOC with the 38 CFR listed but only the 38 CFR that they want to use. Totally ignoring specific parts of the CFR which deal with other diseases and chronic. Now comes the appeal. I am going to have to probably drop some of these claims which just happen to be secondary and were filed by them automatically. The problem seems that everything I have listed they counter by saying it was either resolved in service with no complaints or it cannot be service connected because I have not shown any connection, there is no evidence. Why won't they discuss those records when I have pointed them out and supplied them with everything they wanted? I am going to try and scan the denial, 50 pages or so and have it ready for later. I am trying to figure out how can you force them to acknowledge , them receiving the 38 CFRs and court cases showing Chronic and remaining latent for decades. Those Veterans were awarded because they precented the evidence. I have even noted those cases in the SSOC , but no mention of that. Totally ignored along with much more evidence. To say that these records will not be discussed .....means what? I cannot present evidence then nor can anyone. Now comes the fight. Thanks for everyones help. God Bless, NEVER GIVE UP. C.C.
  18. Hello Berta, I have tried to get a lawyer but I have had no luck. I have contacted one from the recommended list of VA lawyers from Hadit. She is overworked and has a pile of veterans cases and says she wants to try and find a lawyer in D.C. to take my case but I would like some kind of help from a lawyer that will definitely take my case but finding one is not as easy as everyone says. The statement I keep hearing is ...."I am going to get a lawyer".....leaves me wondering how do you do that? They are not on every street corner and I have tried to get one and cannot. Yes , I want a lawyer and I do not need recommendations but I need a solid one right now. My letter of denial with the ssoc has not arrived yet but it is suppose to be on the way. ANY HELP right now will be appreciated. Thanks again Berta for your help as always ....it has helped me to hang in there. God Bless, NEVER GIVE UP. C.C.
  19. Hello Berta, I have great doctors nexus and yes I worked near or on that same pipeline during my work there. I have that same article also. There is even more evidence posted on the Dioxins posted that are being monitored by the Alaska Dept. of Environmental Conservation listing the areas and the buildings where they are located. I have claimed a number of chemicals as listed in the medical records. My service records show a definite problem with 9 breathing infections being treated at the post. They supposedly say that when they discharged me there was nothing wrong at that time........so I was ok. LOL to keep from crying on how riduculous they are. Also the records show continual problems with that and they want to say that there were some house fumes or something like that in my house recently on one of the progress reports. This is of course speculative and not supported by any evidence. They literally are trying to deny that anything is wrong with me from their position and that its from other problems. What are they going to do with the evidence?? It is overwhelming and all of the test and the monitoring and the identification of each chemical with the breakdown of human hazardous levels. The opinions of 2 very good doctors and specifice mention of nexus. Even one of the VA doctors said "at this time chemical exposure seems to be the most likely cause" of his neuropathy. I will await for the decision denial document but then I will file an appeal and launch it. Thanks for all your help Berta and Rental. Any other ideas will be helpful. NEVER GIVE UP. God Bless, C.C,
  20. Hello Rentalguy1, I got your private email and tried to send you a reply but now I get a message saying "could not find any matches for the member names you entered into the carbon copy box, Please click the input before resubmitting." Please email me with phone number and I will call you. I got your message but cannot respond for some reason. God Bless, Bill
  21. Hello Rental , I appreciate your help very much and will try and answer some of your questions. 1. Yes there are some others from Fort Greely but they are fighting the system also. 2.Both IMO's have reviewed my medical SMRs and have commented on the cause and etiology and worded exactly like you stated. I even have a VA doctor that said "chemical exposure is the most likely cause" which makes 3 opinions. Both Dr. Bash and Dr. Groner have the as least as likely as not sentence. 3.I have not gotten my complete cfile but I do have my SMR's and they list all of the lung and breathing problems there from the clinic records. The Iris operator said that the denial had 50 pages and said that my service separation physical showed no problems. And that I had reported breathing some fumes at my home listed as breathing problems .....ridiculous . They basically rejected every piece of evidence and medical reports , test and Dr. Nexus. My evidence is preponderant even listing BVA court rulings on chronic verses acute and subacute and citing the cases , and benefit of a doubt , etc. They just flat ignored everything. I have a great claim (s) and great documentation. Its like they could care less. I am very frustrated and many of you here know , because you have all been thru this with the VA. Any ideas would be appreciated. NEVER GIVE UP. God Bless, C.C.
  22. Hello Gary, I may end up with PTSD before this is over. The VA has literally denied everything with really no medical evidence. Yet I have the documents and the appeals will definitely come. Oh yes the Jackson, Ms claims dept. and its comrade beureacrats name is Carol Sullivan and she will be mentioned by name in my appeals as using the word "confusing" as describing my claims file to my VSO. I am sorry but I have little good to say about any part of the VA and that now includes the doctors as whatever they write in the progress reports will be used against you. Including the false stuff especially. I will always listen to Berta and use her advice. Thats how I have gotten this far. She is very wise to the VA and their shenanagans. I am in this for the long haul but hope my health will go with me. I cannot find a lawyer and I have tried so I wish if there is a lawyer at Hadit please take my case. I have tried and there is only one here in Texas listed from Hadit and she knows me but is so overworked that I do not know if she can take my case. Thank you all from Hadit for the encouragement and I will keep you posted on future events. NEVER GIVE UP. God Bless, C.C.
  23. Hello Berta and Rental, I understand that it is about a 50 page denial according to the Iris Rep I talked to. The back and hearing are reopens and they remain the same ...denied. The others are from chemical exposure and the Imo are specific and to the point. Even my records from Fort Greely show 6 uri's and such. The also refer to the discharge physical showed no complaints.....according to them. They also said there is no evidence. They also show in a progress report last yr that I complained of house fumes as to my chronic cough. HUH ,,,, which does not make any sense at all. They said the doctors nexis said there was no etiology listed other than specific chemical exposures and they said the house fumes were the cause not what was at fort Greely. I will have more when I get it in my hands, but it looks like appeals time. They literally do not want to look at anything but grasp anything they want to that shows up in the progress reports as being the etiology or cause. My Imos are excellant and to the point , very specific, "as least as likely as not etc". The material is specific. I even connected the dots and quoted the correct rulings and CFR's. Obviously they don't care so they spent 2 whole days and wrote a 50 page denial. I will wait for the denial and then try to start an appeal. NO , I AM NOT GIVING UP. Thank you all for your help. God Bless, C.C.
  24. Well, lets see my cfile went to the rating board on April 1 at 1800 hrs in Jackson Miss. I sent an Iris inquiry on Friday just to make sure it did and they had already reached a decision on it April 4. DENIED ON ALL CLAIMS.....so here we go thru the process. I am waiting on the official word from the letter that is coming. They could not even look at the first page on my cfile in 3 days. Tells you how well they read or the lack thereof. Now comes the fun and games. APPEALs, NOD's whatever.I am not sure what I want to do at this point. NEVER GIVE UP. God Bless, C.C.
  25. Hello Boz, I have heard several folks tell me anywhere from 2 weeks to 60 days so I will be patient.......you kind of learn that when you start this mess with the VA. At least with any decision comes the next step. I sure hope you get a favorable ruling. Thanks for letting me know something on what to expect. NEVER GIVE UP. God Bless, C.C.
×
×
  • Create New...

Important Information

Guidelines and Terms of Use