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Capt.

Second Class Petty Officers
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Everything posted by Capt.

  1. Hello Ricky and Vets wife, I have one question and I do not know if it is one you can answer but here goes. I was talking to one friend of mine who is a vet and he said that if it is at the rating board ,I could probably expect an answer within 2-4 weeks. I would love to have that happen as then I can plan my next move. Since both of you have been SC and a rating , how long did it take your initial once it went to the rating board? I was told by my old Veteran service group, the DAV, ( they no longer represent me) that they called to check on my claim and were told that my claim was before the rating board and that was 6 months ago , so I am unsure if anyone in the VA is truthful. What is your experince in time frame for initial decision and the phone call to let you know that is what they are doing? Good luck vetswife and thanks to you and Ricky for the encouragement. NEVER GIVE UP. God Bless, C.C.
  2. Hello Lay, If you can go with SSDI it can help your VA case too. But you have to have paid into it 40 qts with no break longer than 5 yrs. I found out that is what happened to my denial with SSDI. Even though I have paid in 40 consective qtrs, if you have a break longer than 5 yrs, like I did, it will nullify your attempts. Your lay statement can be worded differently and make your statements acceptable.If you have a doctors IMO then you can point out there report and quote the places that pertain to you. This will keep you from having the VA state"the veteran is not a medical doctor and cannot make a statement as such ...or something like that". But if you quote medical evidence and from material printed or written on your behalf, or you are pointing this out to the VA, it will or must be accepted. It can also be used as in your case, to refute statements by the VA or even a C and P that contradicate your evidence or Doctors IMO. Being idiot proof is something all veterans need to realize when dealing with the VA. The famous most used statement by Regional offices is "your case is very confusing" ,,,,,you will hear that over and over. All veterans cases are "very confusing because most of the Regional offices are incompetent and stupid and REFUSE TO READ. This is the main problem with all claims. The VA does not want to read. Reading requires concentration and intelligence and that is where the problem lies within the VA. It requires connecting the dots. I always try to make communicating with the VA as like that I am talking to a child and try to make sure that I explain every thing in simplest "idiot proof" terms. I know its frustrating but important and sometimes it will save you time by not letting the VA stall because of something the Veteran did or did not do according to policy. NEVER GIVE UP. God Bless, C.C.
  3. OOOhh yes, Though I was not at this place but at Fort Greely , Alaska with the portable prototype SM-1A nuclear reactor that is now entombed. My point is that any nuclear contamination will be met with what I have told you. Nuclear blast, test, fallout or anything else will be responded to with the information I have given. I just lost a close friend who was in the Bimini blast and the VA did recognize his radiogenic tumor and Service Connected though he did not last 2 yrs they rated him 100 percent TDIU. God Bless, C.C.
  4. Hello Dizzy, You have the document stating this from the ATSDR and it is important. The problem is what you have posted that the concern is not what the report says now but what was the rads/hr back then. You can use the same half life formula they use and the AEC use and if you can research and find the engineering company that was involved with the clean up and there report to your state environmental agency as well as any EPA reports. The state agency is always better and easier to research as a rule. I would also get an IMO from a private doctor that may link this your illness or diseases which you have not stated. The DOD will want to send your claim to the Nuclear Radiogenic Ratings Teams in Jackson , Mississippi, VA regional offices. That is where mine are. They can also rule on any other claims. You will also have to fill out a "Radiation Risk Activity Information Sheet" VA form RRAIS (JF) and a SSOC 21-4138 listing your statements and your evidence submitted. Any buddy statements are allowed as evidence but must say at the end of their statement, "I hearby certify that the information I have given is to the best of my knowledge and belief". Have you received a letter from the VA requesting what they need from you and the VCAA letter which will require a response and your signature? Your IMO from a doctor is very critical to link your disease or illness to radioactivity or nuclear contamination. Any type of evidence you supply will help to propel your claim and the more you have , and the more you can prove can be the difference in your claim being service connected and granted than the denial. The engineering report will be a big piece of your claim. Is this site still active or is being remediated? There still has to be records for the years you are looking at. Most of these sites are monitored by several agencies and normally a private engineering company will also have reports and some of these will actually benefit the veteran even when the US Corp of Engineers or EPA try to tone it down that it is no big deal. NEVER GIVE UP.... God Bless, C.C.
  5. I was informed yesterday at 5:55 pm that my claims(32)are before now before the rating board. That they had received the information they were waiting on from the US Army. I suppose that is nuclear information concerning my claims. At any rate , I asked her to give my VSO a call and she said she would do it as a courteousy and she did. I believe that the only reason that they are moving my Cfile and trying to rate it is because of all the pressure I am putting on them with my congressman and senators. I call them every week and they send letters to the VA. It has been 13 months 26 days since I filed and I am guessing it will take 2-3 months to let them review the huge file. I do want to state that I have not had any C and P exams , though I have heavily documented test and nearly weekly appointments with VA doctors or test ongoing for over 8 yrs. So not every claim requires a C and P if they have enough material to render a decision and by law the VA can make a ruling or decision without a C and P exam. Now comes the wait and see what the VA will do on all of the claims....The VA will file a claim for the Veteran without the Veteran requesting a claim if the VA sees anything in a test or the records that come up. That is the majority of the claims ended up as filed. I really did not have to do anything. Pretty amazing ..... I hope this will give some of the Veterans that are new here and maybe unsure what to do and what to expect some rays of hope. NEVER GIVE UP. God Bless, C.C.
  6. Hello all, My experience with VSO's is like most of you here at hadit. I first started with the DAV , which is suppose to be the largest. The rep that helped me is excellant and even a supervisor for the reps here in my area. The problem I have is he lives 3 hours away and it is almost impossible to see him without an appointment. The DAV reps where I live are overworked and really do not have a grasp on each veterans situation because of the multitudes of veterans coming and going. I could never get a phone call returned and if I wanted to see the DAV rep here , I had to be at the front door no later than 6:30 a.m. with my chair and coffee and my bible and spend some good quality time until they opened at 8:00a.m. Sometimes I was not even first in line but usually at least 2 or 3 so I would get in sometime that morning. Thats how overworked they are. I finally got so fed up with them and have changed VSO and organizations. It takes time to find a good one. I would also point out that the Veteran should be responsible if possible to research , gather , and present to the VA . So really the VSO can help , but it really means the Veteran is really responsible for his claim. ADVICE from the VSO and knowledge of the 38 CFR's are what the veteran is seeking. When my new VSO and I get together on the phone or in person( he lives 3.5 hrs from me) we glean our thoughts and the knowledge we both have and decide on our battle plan. Trying to learn from others here at hadit and learning the M21 , and the 38 CFR's are important. Reviewing the past BVA cases are critical in and the Veteran is going to have to have some type of working familiarity of the VA system of propelling a claim forward. Unfortunately not all veterans have computers or even more ......the time to devote to fight with the VA. The VA has nothing but time and they know how to waste it and the bigger the logjam of claims the better they like it. More government = less efficiency. I have heard it stated here alot.... no one does a better job with your claim than the veteran him or herself. Hope this makes sense and sorry to ramble on. A good VSO is priceless but hard to find. God Bless, C.C.
  7. Hello Terry and Berta, I just wanted to let you know that I filed for SSD. I had contacted a SS lawyer and they tried to help too. I was denied , not because of my diseases but because of not enough consecutive quarters. I am self employed and did not file self employement because of losses and the ups and downs of my seasonal businesses. I have a good cpa too however noone knows that you are getting ready to get sick and when it happens you can't cry over spilled milk. The VA always wants to know if you filed for SSA or SSD but if you are turned down only because of the quarters not earned then the VA really cannot use that against you as it has nothing to do with the diseases/injuries of a veteran. It is kind of a push in my case. Now when I get to age 62 I can file for SS as I have paid in over the last 40+ years. Terry , I personally feel that if you paid in at any time "its my money and I want it now." But Congress has worded the law so that they can use it but you can't. They hate to give you your money. If you know of something I missed as to how to get SSA or SSN with a law I am unfamiliar with please let me know. Terry, I am so proud of you and your hard work here at HADIT and for your son's service to Our Country . Prayers left at the throne of grace , AMEN. 'The angel of the Lord encampeth round about them that fear him and deliverth them." God Bless, C.C.
  8. Hello Fishes,,,,,,, I too am a charter captain,,, and I understand the need to pass the physical from you doctor to submit with the mandatory 5 yr renewal. The drug screen and proof of membership into a random drug testing group, the physical , the documentation of days on the water etc.....Now if you are not able to work because of an impairment , injury , disease and it shows up on the medical report then the Coast Guard really has no choice but not renew your license. If the CG gives you written reason , their is an appeal process, however their written decision can also be used as evidence to the VA , espcially if you are Service Connected. The fine line is will they decline to renew? In reality no......it ususally takes a catatrophic health issue to not pass the physical an even harder for them to not renew your license for it. NOW , miss or even worse flunk your random drug test and you will end up on suspension for 1 year. Let your license expire and continue to operate and risk Fed charges and prison. Failure to report an accident and you will get a 6 month or 1 yr suspension. The point is there are other things the CG looks to try and get you with other than your health.....almost sounds like the VA huh. Personally if I was to get to the point that I knew I could not safely....SAFELY do my job without endangering my clients or others on the navagatable waterways used by others ,,,, I would tell my doctor that my conditions, or injuries , or diseases were just getting too much to handle, have him fill out the physical as such and then USE the CG letter of denial for your TDIU evidentiary. The VA has to accept that as that is your job , your employment and is carries weight because it too is a branch of the military. Same with filing for Social Security Disability. Ahoy Capt...... permission to go ashore.... God Bless, C.C.
  9. Hello Luvhim and Berta, I believe that you can get a lawyer because you have no decision on your claim yet and you have gone past the June 21, 2007 date, the same as me. I think that a lawyer is a good idea and I am also going to handle that when they give me a decision, (initial). Berta, you and I know how they use the VCAA to stall,,,,,asking all the same questions, wanting information, evidence that they almost always already have. Their failure to act on "duty to assist" . Their decisions that "the veteran has not replied to letter dated blah blah blah". Or the veteran has not supplied any evidence. Sameo , Sameo is right. I also notice on the BVA rulings the huge logjam of remands and that is what I am trying to stay out of if that is possible. I need to get a lawyer because now the VA is really making mistakes in my Progress reports and coming up with the famous line ...." need more testing to find out cause or etiology" ..... and the "pt claims that this is from exposure to..." If someone thinks the VA docs are all on the veterans side I have an island in New York harbor I want to sell real cheap, complete with statue. Pete I am with you , I think the lawyers will keep pressure on the VA and just hope that enough lawyers can be and I use the word cautiously,,,, "qualified" to take on the mess with the VA. It is different. God Bless and hope you get a favorable ruling with your claim Luvhim. Never give up. C.C.
  10. Thank you Terry, I just signed and sent it too. God Bless, C.C.
  11. Hello Berta, I am still waiting for my initial decision on my claim(s). I am entitled by law for the lawyer because of the June 21, 2007 rule. I am going to ask a question as I have seen this several times answered but with different answers. Ok here goes, Would not it make better sense to appeal it to the BVA regardless of the decision? Here is where I am coming from . The RO at the regional level has the power to rule on the decision whether you have good or bad evidence. That RO can tie a veteran or in your case the vets widow up for years. Trying to figure out why some get instant SC and compensational scheduler, with little evidence and why some with "well grounded" claims get denied is what seems to generate alot anxiety here. Soooooo, if you have great evidence, well grounded, good medical nexus, documents, and records, I do not understand why a veteran , or his or her widow would not rather present it to the BVA or even CVA. It seems that if the 38 CFR's are quoted , followed, and even case law quoted and followed the Board or Judge will have a better grasp than some local regional RO who may not have a clue to the evidence of a well grounded claim and the rules that have to be followed. I am seriously thinking on heading to the court on any decision and by pass the lengthy years wait at the VARO level. At least , if my thinking is correct you will take out one long phase of the problem. I do realize that the BVA can remand it back to the RO but I do not trust the VARO abilities at all. I also like the lawyer idea if you can find one that is qualified and that is the big deal. Thanks again. God Bless. C.C.
  12. Terry,,,,,wow what a homepage. THANK you . I know that many vets and their families will see. If you build they will come..AMEN. God Bless, Bill
  13. Hello Everyone, Thank you Berta for posting this. I hope to see a BVA docket number or case number as this will help any vet from Fort Greely who is sick and their are a bunch of us. I want to post some other pertinent sites that have clear unrebutted evidence of Dioxins and Agent Orange in Alaska, and Fort Greely. Using these government documents will propel the "preponderance of evidence" to the veterans side if used in conjunction with the Doctors Nexus and test/opinions. I am patiently fighting this too so hopefully this will help and I am going to use the info you posted as more evidence later. It ties into my job as Heavy Equipment Operator with Post Engineers. http://www.smdcen.us/rabfga/pages/documents.asp http://www.dec.state.ak.us/SPAR/csp/sites/ftgreely.htm http://www.gulfwarvets.com/greely/greely.html http://www.smden.us/rabfga/docs/fga_ccrdr_...port_072003.pdf There is alot of incredible evidence on the Fort Greely Restoration Advisory board website so you will have to take your time. The breakdown of the sites and the actual monitoring and remediation and its level of cleanup are all there. I also will have some more to post later next week as I will have completed my visit with a leading authority in the world concerning dioxins. I spoke with him yesterday and he has said he would like to talk to me further when he is back in his city. Never give up and put the VA on the defensive. Make them look bad on why they have not supplied you evidence and make them look foolish when they ask for evidence they already have.Always remind them they already have it. I am copying everything to my Congressman and Senator from now on and to the House of Veterans Affairs and the Senate Veterans Affairs.So whoever touches my material or Cfile knows that the paper trail goes to some others who can make a difference. Our elected officials need to know why the VA ask for material they already have in my case and I am sure in many other Vets cases. Just trying to make someone at the VA mad and have to look over their shoulder and to not write the wrong answer or ask for the wrong evidence , especially concerning the VA most famous trick........ redundancy request of information already supplied.....the wonderful VCAA letter and the "duty to assist" DON"T EVER GIVE UP". God Bless, C.C.
  14. I am sorry for your brothers depth and realize that this is a traumatic event in a families life. That also there is hope and that verse in 1 Thessolonians 4:13-18 "that we should sorrow not as others which have not hope. 14 For if we believe that Jesus died adn rose again, even so them also which sleep in Jesus will God bring with him. and verse 18"Wherefore comfort one another with these words". I hope you can find encouragement that Christi knows what he is doing and he said he will never leave the nor forsake the. God Bless you and your family. C.C.
  15. Hello Jecsb4, Like your name too ....AMEN. First the way the VA uses the VCAA letters is criminal. They like to send them expect you to supply what they ask , but you said it...... in almost every issue of the tactic of VCAA the VA ask over and over for material the veteran has in most cases already sent. They will even word your disease or injury in a different order if you have multiple claims. OH yes and another one is to put your disease or injury as SECONDARY to another. This means your claim can really get stalled. Because you will then need to SSOC 21-4138 to them and quite possibly have to use the CUE , clear unmistakable error , to try and get it back on track. This means, MONTHS and MONTHS , possibly years of back and forth with the VARO or even BVA if it goes on for that long. Meanwhile the veteran is loosing time and it may be the widows or children that will have to finish the fight. The VCAA letter should always be answered ...never let one go unanswered. They tried this with me saying I did not answer them , but I produced my copy of the return letter to them and the EVER IMPORTANT , CERTIFIED RETURN MAIL SIGNATURE THAT THEY DID INDEED HAVE IT. I have not heard a word on my return answer to that one. I will say that I filed over one yr ago. I have 32 claims , and not by choice. The VA even filed claims off of the test and examinations that they ordered and from the Progress Reports in my VA medical files. So I did not have to do anything on several of the claims. Unfortuately you have to document everything and mail with return signatures. I now fax copies to my Senator and Congressman every week and check to see what they say. I also make sure the VA knows that my congressman and senator have copies of what I send them. Also send your VSO , (rep) everything you do. I hope you have a good VSO to help you. Please do not ever give up and DOCUMENT , DOCUMENT DOCUMENT everything, because they will say..."we never received blah , blah , blah yada , yada, yada .." I will even say that if you send them documents, evidence ,,,,send it again maybe on the next communication ...just be as redundanant as they are but with the veteran it is always your evidence and records that are propelling your case forward. My case is now being passed around to other VARO 's throughout the country and I have been told my CFILE is "going to Washington ,D.C." because of how unusual it is. NEVER GIVE UP...... best wishes ....C.C.
  16. I just got back from Pulmonary Docs consultation. My VA PCP told me to take some of the records from Fort Greely showing the numerous URI and other illnesses. I also took Dr. Groner and Dr. Bash nexus and evidence of the chemicals that were there including nuclear. She said it was very suspcious but that she wants to first try treatment and some more test...bronchometer and a bronchoscopy for a bioposy. If I do not respond or get better then she would probably agree. I have a copd claim just turned in but she said what I have is actually problems with inhaling. So since my case is already in Washington and they really do not want to touch a chemical contamination case from anywhere, the more evidence I have the more the VA will have to refute. I am going to head to the Local clinic and get my progress reports to see what she writes and then to copy and send to Washington as 21-4138 SSOC supporting evidence to be considered. They also took 13-14 vials of blood yesterday to test for autoimmune deciency and other things. I believe once I go thru some more redundant test since their prescriptions will not help because this is chronic respiratory problems the Doctor "should' opin toward the other doctors and test nexus. If she doesnt, then I will use the test and her notes to have another doctor IMO make the correct opinion and state a correct written nexus. I am not sure yet as I have not read the 38 CFR diseases as to the Pulmonary diseases that are opposite of COPD. Inhaling problems not exhaling and excessive sputem production, cough (chronic). So more test over the next 4-6 months on this and that means a delay in a ruling/rating on the Pulmonary/COPD claim until it is cultivated properly. DON'T GIVE UP....God Bless, C.C.
  17. Hello RSG, That is a very long time to wait. Who is your veterans service officer??? What attempts of closure have you made? Where is the case now? It seems that someone has let a cfile sit too long without action. They do have laws to follow , just like the veteran does. God BLess , Bill
  18. LOL. Hello R....I won't be here 38 yrs and I do not think they can hold me off that long. They have to make their moves and I know they can delay and stall me but they do have to answer the claims and I do have a working knowledge of the CFR's and BVA rulings thanks to some people here at this site....DON'T GIVE UP. God BLess, CC
  19. I wish I could be more encouraging on time but mine has been going for over year and not a word. As listed in my post Va stalling tactics..... mine is being shuffled around to other Regional offices and now is gone to Washington D.C. Hope you get a good adjudicator and a quick reply. DONT GIVE UP. God Bless, CC
  20. I really want to thank Hadit and the great group here for their help over the last yr and because of the knowledge passed to other vets I would like to let some of you know what the VA is doing with me. The VA has tried several little favorite tactics to discourage and stall me.Here are some of them and it will show the importance of the Veterans careful planning and answering the VA to stop them from there favorite tactic STALL , and second DENY. I am only sharing what has happened to me and what I have done in my claims. (32) not by choice, PN, IBD, Chronic Diarrhea, Hypertension Dry Eyes, Sleep Disorder, COPD, just to name a few of them . Answer every VCAA letter, KEEP copies and MAIL Registered, Certified, return signature on everything. a. The VA told my VSO that I did not answer a VCAA letter. I produced a copy of the letter , my return answer, and copy of signed Mail return......end of that battle. b. They said I "have no evidence". My Cfile is over 3 giant ring binders and loaded with SSOC, 21-4138, 3 lengthy doctors nexus, VA progress reports since 2001 , Government agency reports(BRAC, ADEC,EPA,US CORP OF ENGINEERS,US ARMY etc) Buddy Statements, BVA court decisions, Lay statements, all sent certified mail, return receipt copy. C. The VA uses the CFRs and likes to choose the ones they try to deny a claim. There is usually a counterpunch to the CFRs. Such as Radiation Ionization CFR 38. 111 where the veteran just about has to be involved in a nuclear blast. However using 38 CFR 111. b (4)"If a claim is based on a disease other than one of those listed in Para b (2) of this section, VA shall nevertheless consider the claim under the provisions of this section that the claimed condition is a radiogenic disease and under (5) (iv) "other diseases specified in paragraph b (2) of this section must become manifest 5 years or more after exposure.(Authority: 38 U.S.C. 501(a);Pub.L.98-542." D. The Peripheral Neuropathy claims from BVA usually are denied because of the Acute , Subacute rule.38 CFR 3.309(e)that they try to use on everyone, but presumptive service connection for a CHRONIC disease says alot more. See Combee V. Brown 34 F. 3d 1039(Fed Cir.1994). Providing a doctor or in my case 3 doctor nexus and 2 VA doctor agreements the case I also included from past case BVA Docket 04-19 301, 3/14/06 states "Dr. Durham begins his letter by noting that he has taken several comprehensive histories from the veteran and can find not other type of exposure either personal or industrial that could potentially account for the veteran's neuropathy. He also noted reviewing the veteran's VA medical records, including the above examination report, his own medical records, VA's Guide on Agent Orange Claims, and the veterans rating decision. Dr. Durham acknowledged that the veteran's claim was denied because he did not complain of symptoms within the very short time period cited by VA after exposure to herbicides. He stated that it is clearly documented in the medical literature that neuropathy can be latent for a period of up to decades, and a denial based on short term exposure and short term initiation of acute complaints seeems to be somewhat arbitrary. He opinied that given that the veteran does not have any evidence of any of the major problems with which neuropathy is often associated, there is at least a 51 percent probability that the veteran's neuropathy may be directly linked to exposure to dioxin/Agent Orange.....Service connected ,,,GRANTED to this particular service man. I would like to say that the folks here at Hadit have helped me to produce this type of evidence and though I am still waiting for service connection and a rating it is only because of the help and encouragement I have received that I could bring the evidence and a correct way of propelling my claim forward. Please understand that my case in now in Washington , D.C. It was at the VARO in Houston , then sent to Jackson VARO and because of the huge amount of carefully documented evidence the raters and adjudicators decided to "pass it off" to Washington. It is well grounded and well prepared. I have no C&P exams yet , though most of the testing has been done by the VA and the results are in my favor. I am ready for that too because the C & P must provide me and all veterans with the Cirriculm Vitae to show their "expert" is qualified...... that he will not be able to refute the multiple nexus's I have coupled with the evidence and test.If he is not qualified then this will be brought to the attention of the VA and will be used later if necessary against them. I have extremly incriminating evidence from my Service Medical records and I also agree with the Hadit board on the IMPORTANCE of IMO's and the CORRECT way to diagnose and the CORRECT wording to win in the Regional office or even in BVA, COVA levels. I have literally bombarded the VA with incredible amounts of evidence , test and reports that are specific and supportive of my claim(s). I have had 2 VSO's , 1 VA lawyer and even VARO , VBA employees say they have never seen a claim like this and the amount of evidence prepared to support the claim(s). So..... if I win my claim(s) this will set a precidence and could affect many , many vets who have similiar claims and situations. Obviously , I have stated to the VA several times, the reasonable doubt rule...38 CFR, 3.102, Mariano V. Principi warning against the VA doctor shopping and the PREPONDERANCE of evidence cases exceeding a demonstration that there is an approximate balence of positive and negative evidence in order to prevail. Gilbert V. Derwinski, (1990) and to deny a claim on its merits, the preponderance of the evidence must be against the claim. ( Alemany V. Brown) (1996). Berta , thank you for some personal emails that really picked me up when I was almost ready to quit. I am sharing what I am going thru so to help someone else.Someone may be getting discouraged, or at the end of their rope BUT PLEASE, DON'T EVER GIVE UP. I may loose at the regional because of the system at the VARO level, but the VA has a real fight on their hands now. If the courts will be fair , then I feel very confident in my claim(s). I am actually having fun messing with their minds and causing my Cfile to grow so large that the VA will need more than one person to carry it around....LOL. I can't even imagine what the postal charge for mailing my file would be. My cfile is HUGE. Once again , thank you everyone here and I am already helping some other Veterans and Widows with their claims......after all this is how it is suppose to be. Veterans helping other Veterans. God Bless, Bill
  21. Hello John and Sixcents,,,, the letter said that this VARO has a radiatio exposure team to examine the file for chronic diarrhea claim. Now this is secondary to PN and they already diagnosed me with IBD. So chronic diarrhea just goes hand in hand with that. But if they can sit for a year or so on the cfile and they said it would take "many months", just to get a ruling then I am in trouble. Fort Greely is not listed on there approved vendors list for ionization radiation in the CFR and neither is chronic diarrhea , even though , Dr. Bash says so in the IMO. Even if you point out the Reactor entombed when I was there, all of the radiation problems and still being monitored it won't meet the regulations. HUH ....they won't admit that there was a problem so dose meters weren't issued .....ok so your nuked and sick and having some serious problems and the VA says your not cause the approved vendors list says so. My Cfile and all of the test, doctors reports is so big it may take an 18 wheeler to move it to Mississippi and more claims to come with more test scheduled and just got some more bad news on last weeks test. When this is all over , I will have plenty of diseases how to's but the problem is I may not live to see the end of this road to Service Connection and eventual schedular increases. I think I am going to have PTSD before this is over. This is really something . Thanks for the encouragement and help . God Bless, C.C.
  22. SpeakingOut , I also noted that he said 'tricks of the trade'....huh. That is really what this is about ....how do they trick you and all vets? I am with Pete,,,,, my cfile is gone to another state, noone else has even heard of this move. The claims are numerous , not by my choice and I want a lawyer the minute I get a decision on any thing. Mr. Cohen is telling the Veterans plenty....I can see why you were nervous of his responses to your generosity and desire to help other vets. I am too. You also bring up another point about how can he say this and then lie to the committees on how easy it is for the Veteran to file and "receive" his benefits. I wonder what Congressman Filner would say to this letter from Mr. Cohen and the next time they all got in front of the committee? Maybe you should share your letter and thoughts with him. And Wapiti , that is a good question as there are too few lawyers and I cannot find one either. I thought I did but now she is so busy that she can't find time to handle the cases she has.All of the others are now too busy trying to fight the VA and can't take on new ones. I am like Pete,,,,,,,, 20% is not anything compared to having to put up with hassels.Halloween and "Trick or Treat" seem to go on all year with Mr. Cohen. God Bless, C.C.
  23. Hello SpeakingOut, (Lisa). It seems that from Mr. Cohens letter, there is really noone that can make a right decision or give advice other than a lawyer and even one that has to stay up on the changes and attend seminars regularly. It also says in his letter that how can he expect the VARO to make decisions or even the Veterans or their service officers and organizations. All of which he has already deemed not qualified. SOOOoooooooo.... It boils down to court and he said it in his letter, under his wordings of CONCERN in several of his paragraphs. He really says it all that noone except the VA legal counsel, the Justice Dept. are the only ones able to really know what is going on and are the only qualified ones to handle or work on VA claims. If what his words say are what they mean. DAV, VFW, VVOA, AL and all the rest cannot really prepare a "legal claim". You are only trying to do what many VSO are trying to do. Help to properly file and propel the claim. With that said , what about the other side of the coin? Did he just shoot the very people in his VARO decision and ratings depts and teams in the head? They must be nonqualified too and not able to make a legal decision. How are you to follow his(VA) qualifications and make "LEGAL" decisions? I think his words to you are both hypocritical but show real problems ....the systems broke and noone is qualified...even the experts on both sides. That is a hopeless letter with a TYRANNICAL response from someone who knows the problem but does not want to correct it. And from what he wrote to you....is not wanting to fix it or is going to. Sounds familiar. You are your own best weapon to assault the walls of the VA. God Bless, Bill
  24. My letter from the VA says the entire claim is now in Jackson , Mississippi, for the radiation exposure part of the claim. They have also said it will take them "many months" to reach a decision on the chronic diarrahea. What else is new? Jackson VARO is suppose to have the cfile.The letters from the doctors incliding Dr. Bash saying that one of the problems IBD ,chronic diarrhea is from many chemicals including radiation exposure(one of many chemical contaminations involved).The SM-1A is a well documented contaminated area. Though not listed in the Blast exposure part of the VA regs. Yes, they also said in the stocking stuffer message received on Christmas eve, is that they can also rule on other claims and accept other evidence on many of my other claims. They also said it would head back to the Houston RO after they were finished with it. We may have people landing on Mars by the time that happens. I have already changed service organizations as of about 6 weeks ago from the DAV to the VVOA. Houston acknowledged that in phone calls from my POA new VSO. The VARO however is still sending things like a copy of the transfer Claims letter copied to my old Veteran Service Organization,DVA, so the left hand doesn't really know what the right hand is doing. SOooooooo.......... Heres what is happening ......I have so many of the so called shotgunned(pyramiding) claims which most are a result of the main claim. That is not what I wanted to do but unfortunately my body starting falling apart with this stuff for the last 7-8 years. All of these other claims are related to the bigger picture. As many of you here have experienced with the secondary or shotgun(The VA calls it pyramiding)many diseases start popping up from the primary or original claim. Even when you don't want them to and you do not want to complicate your claim. Some of us do not have any choice. I have my VSO coming in tomorrow for 2 days to go over this stuff and see how we are going to find out what we do next. Anybody have any advice on: 1. Does each claim get dealt with separately , even when they see the reports, Va progress notes from their Doctors? 2. Does this mean that by attacking each one claim separately , this will cause my primary PN claim to be in Jeopardy? 3. What do you do as far as trying to help the VA with letters and evidence in accordance with the VCAA when they literally are trying to separate your claims individually in order to deny them piece mill? I keep submitting the evidence and always quote their own laws and rules so as to keep maybe someone who doesn't know those rulings (BVA,COVA decisions) and VA laws from doing something that will delay the process. Its like the VCAA letter and the way you respond doesn't matter. I mean this is gonna be a real long drive for me if I want to go look at my C-file or talk to someone in Mississippi, especially since I live here in Texas. The VA says their radiation exposure teams are in Jackson and they say that this is done to provide me better service even if it is going to take "many months". Maybe I should not have quoted so many court rulings and VA laws to them and now they are going to use this to kind of slow me down. Has anyone else seen this kind of tactic to their claim(s)?? I don't want to go to Mississippi....I mean I don't mind people from any state, I have friends from all over...but what happens if they decide to try a new team in Kalamazoo Michigan for Crohns disease. Your C file goes on these wild trips and everyone here at Hadit says you better keep your C-file in order. How can you protect yourself and your claim, maybe even your C-File? Sorry I haven't made many post , but when I do it usually is a chapter in itself...kinda of a build up of months of no posting. Like a pot of beans on the stove stewing. God Bless, C.C.
  25. Hello everyone. I am also a guest here and certainly only having the rank of seaman(lol) I take orders and say YESMAM. to Tbird . Though she hasn't had a problem with me.......as of yet.Nor do I think I have had a problem with anyone else. It is not my place to attack someone for their having a tough day or something they write that may invoke a response of anger. If I can't be a blessing then I need to be quiet. I at times have trouble with that too in my everyday life but I know that Jesus is working on that lump of clay. I would like to say that though the VA system as a whole is broken, I have met some very fine people, both in the offices of the clinics and the Hospitals and most people now know me. I just got out of a VA hospital about 7 months ago and the people were wonderful. I still go for my checkups and followups and test and have at least 3-4 times so far go and find my nurses and doctors and personally say hello and thank you for taking care of me and how appreciative I was for having them watch over me during my stay. I know we sound like we all have our horror stories at the VA, but not all of it is bad. I guess the machine is working but there does need to be some oil put on a few of the parts to get it working better. Yes I have had a few bad apples , and a few that either were having a bad day at the VA. But overall , it has been fine at the VAMC and the nurses at the Outpatient clinics too. Again it may be the way the system is running and most, but not all of our problems come within the legal/clerical part or court systems of the VA. Usually this is the VARO which as 1968 Nam pointed out is totally different. SO , I hope I don't sound like I am always complaining because I am trying not to. And I don't want to flame anybody and please let me know if I do. I gotta lot to work on in my own court. I also believe that FRUSTRATION is part of being a VETERAN and it is something each of us is dealing with. Thats why this place ...HADIT works so well with all of us. Because we all are going to have those days at some point of our battle with the VA. Boy ....there is so much help here and actually most everyone here seems to be a Doctor in their own rights ....trying to cheer up or help or fix a Vet that is having tough day....I have had plenty of those too. God Bless, Thank you all...C.C.
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