Victor Ray

July 12, 2018

Ok, i’ll Be listening. Are questions at the end ? Dang, misplaced that number, but I can find it.

thanks...victor

July 12, 2018

Thanks Buck.

got the alert set. Do I just click the “podcast” on the bar above?

victor ray

July 12, 2018

7 hours ago, Buck52 said:

I Recommend you talk to Alex Graham, if he can't figure all this out I'm sure he knows someone that can, however don't underestimate Alex, He is one highly intelligent VA Rep that is 100% for the Veteran and he is a Vietnam combat Veteran as well you and I.

Your case is quite unique in a way it seems you were denied your ''Due Process Rights'' or'' Due Process of Law''of the VA Judicial system.

If the VA search for your military records medical as well as in service records and can't find any of them even your DD 214 and is turning you away from VA Medical Care/ & the claims process system...And you served stateside or overseas (Vietnam) it don't really matter where you served you still have your judicial rights and Due Process of Law.

Call into the podcast show tonight and ring someones bell about all this..I am hoping Alex is on. but you may get the information you need by James Cripps or Ms Berta. Ray Cobb, jbasser

you can let them know what all you have tried and the results you got and go from that.

Unfortunately I am not that famiular with the VA Judicial System or how the chain of command works in that area?

but there is a way to get your claims processed they have a presumption law about nondisclosure of records or unable to come up with your records, I just am not familiar with them.

38 CFR 21.1032 - VA has a duty to assist claimants in obtaining evidence. § 21.1032 VA has a duty to assist claimants in obtaining evidence. (a)VA's duty to assist begins when VA receives a complete or substantially complete application

Buck.

Thank you. I am going to have to talk to someone because the advice so far is get a hobby, relax, be patient, and the VFW says 3 to 5 years on some things and 15 months on others in order to be heard, so double that and it’s more accurate. They won’t admit it, but they know I won’t be here long enough to see it through.

The best I can say about the VA is that it is very dishonest with political correctness in some cases and almost overly liberal in others. I think it’s the facility’s leadership. Missouri is totally corrupt with a few good apples. The DoD was contemplated litigation before I left the hospital in 1971, it appears by their actions, because I was sent “HOME AWAITING ORDERS “ , and that means ONLY ONE THING. SEPARATION FROM SERVICE, and nothing else! They knew Agent Orange claims was going to be a huge monstrous liability, and I was caught in the middle of the cover up, and that’s it. I had to have high levels of AO, because they still deprive me of the evidence, test results from Japan, all medical records for six months after my return from Vietnam. T

Steve at one “VFW” in St Louis just told me that even though my appeal was expedited, and I went to the front, it’s still going to be 3 years or so. After I expressed my disbelief, he changed it to I can’t say, and it could be 2 1/2 or 3 or so. This is bull, and I don’t believe a word of it. 3 means 6 years, so those at the back will be 10, 12, or more, and many will die. I won’t bother you all about this anymore, because it’s a personal battle, although it may affect all Vietnam Veterans Evidence. The VA/DoD is withholding your evidence. Thanks

July 12, 2018

They are corrupt. The raters are corrupt. The whole damn thing is corrupt, full of liars and a few good employees. Management is the creator of veterans suicide as we know it, and they have no plans to amend their ways. VFW, DAV, are both corrupt or is it just Missouri. Kansas City has the dumbest nurse raters in America, has to be. St. Louis is almost as bad, but I would give Kansas City a o.o3 out of 10. I can’t stand going there and it’s not the facility, it’s the atmosphere of thugs, bums, theifs, and that’s the nurses, but the doctors are worse, looking down their noses at anyone that doesn’t yogi and love acupuncture. Hmmmmmmm.

They will drag this out, and what can I do until I get prostate cancer, and even then, it will be a fight for retro pay. They lied to me to prevent me filing a disability claim in service before I was discharged, because they knew I was still very ill, brain damaged, had a stroke at 19/20 years old, and they don’t want that out in the public’s view, but it will be. I’m gonna try to spread this to as many news organizations as possible. Like seeing your best friend murder his wife, the police lost for clues, and you never saying a word. What if you had pictures of it, but kept them hid, denying her family justice? That’s the VA. They have the pictures(records) and they saw the act(hospitalized for AO), and my dependents denied.

The VA said Mr. Cripps “may have been exposed” and got the benefit of the doubt. I say I was hospitalized for skin disease and they say “you never complained in service”. Buck, this is a scandal. This is a complete scandal, and the only cure is to take their wallet. The VA only understands money or the loss of it. A 47 year scandal. DAV and VFW leaders in St. Louis are leading the scandal. Is all of government complete lowlifes?

I will look for a lawyer not owned by the VA (is there one existing) and go from there. Thanks for the encouragement, but I had hoped to see some justice in my lifetime, but I won’t. They have done this well over 300,000 times, and know exactly how many years and months this will drag out and the steps or forms needed to do that. It makes me resent them more.

I have to sue to get my records, then go after the award. They sentenced me so that I would never see justice, so I will have to make sure my dependents each seek their own justice on each condition, and on and on, and never compromise.

Thanks again.......Victor

July 12, 2018

Thanks Buck.

I thought it was 7pm, but wasn’t 100%. I will definately listen, but I can see there isn’t much hope left because the VA is dishonest, and I don’t have another decade left. The dirty VA has hidden documentation and altered some others, so it’s a loser no matter what. Agent Orange Exposure in the US has nothing to do with Vietnamese deaths, disabilities, or any medical conditions claimed and even though I was hospitalized for permanent internal injury and external skin disease in Vietnam, it was still in Vietnam and the VA simply says, “Not Service Connected”.

To connect my injuries to Agent Orange in Vietnam means the Vietnamese people around me were more likely than not also exposed. They were! Hell yes they were and anyone with eyes could see the diseased dogs with only patches of hair on their bones, chickens with only half their feathers hanging on but sticking in every direction, and the poor poor people. It was bad and everything was sick. The VA does not want my hospitalization, my skin disease, my illnesses associated with Vietnamese people’s illnesses that were claimed, so they sacrificed me and my injuries. They played it down as much as possible, kept giving me malaria medicine for malaria, but by the time I got to the infectious disease ward in Chicago, they reported that I said I broke out everytime I took the malaria pills. All a crock of crap. Outright lies.

A year for the NOD, 3 to 8 years to be heard, forget it. It’s a death sentence and I will use that time to educate others of do’s and dont’s in military disabilities on a YouTube Channel while. I saw my sisters boyfriend in Long Binh just before I was evacuated out who said he saw my condition in a lot of guys in the bush, but in Japan they said I was the 5th guy to have the condition. I haven’t seen him but one time after Vietnam in my home town, but I wish the Army could find him and ask him about seeing me there. I was in a blue hospital gown and came back here in it.

It’s a real stinking dirty deal, and the VA pulled some real dishonest disgusting raters out of the poop pile, and I hope they get what they deserve. They f’ed up my life and cheated my kids and grandkids out of a fortune in benefits, and I hope somebody pays for it. My documents are going out all over the place, but I can’t post them all here for obvious reasons. Ok, thanks Buck.

I will be listening........Victor

July 11, 2018

6 hours ago, Berta said:

Buck- what attorney will be on the radio show?

The format as I understand it will be James Cripps( first CONUS AO VET) and Ray Cobb:

"Wehave James Cripps and Ray Cobb as guests. We will be discussing the Robbing Peter to Pay Paul Bill or hb 299 and the atrocity in Arkansas where a Pathologist has killed veterans."

in the podcast forum here

Berta.

what was the time again for the podcast? I would like to call in and speak to James or the Attorney if possible. I think James deserves his benefits, but I am curious about who represented him. If he was exposed, he deserves everything he got, and maybe more, but his attorney seems to have gotten him justice.

Whats hard to wrap my head around is the BVA ignoring my service medical records as a nexus. I had direct contact with AO as well, but I can’t prove it. I was hospitalized a month with a skin disease until it cleared up enough to send me “HOME AWAITING ORDERS”, then to the second medical board, which was an Army scam to cover up the truth that Agent Orange was a destructive agent, especially because of the Dioxin.

I received the denial today which gave me a year to disagree. This is without a doubt designed to drag out until the Veteran’s death or 5 to 10 more years, which ever comes first. It is a death sentence either way because I can’t make it 5 more years and they know it. I have had too many strokes, too much pain everywhere, and tired of going to the doctors for skin cancer removals.

Whether I ever get an increase, unemployability, 100% SC, is beside the point because It’s too late for me, but my kids are affected, and the VA is responsible, and denied SC all my life, which screwed them over. I need to get the story of VA corruption out there for young veterans, giving them a heads up of what the VA will do to deceive them, how they will lie and alter information. The DoD is the most powerful organization in the world, and the VA is their baby, and will do anything (ANYTHING) to cover for it. It’s a wonder I haven’t been whacked, by trying to get Service Connection for Agent Orange Overseas. Getting it in the CONUS doesn’t affect foreign claims, where mine does, and the VA AIN’T HAVING ANY OF THAT! They have lied and deceived for 47 years, and always will. It can not be stopped.

Forget it. I’ll just get upset and I am so tired of this deceit and lies that nothing is worth it anymore. I will get an attorney locally very soon, I hope. The ticker could quit anytime, so I have to move. Thanks to all.

victor ray

July 11, 2018

I did not know Mr Cripps had “never served or been in Vietnam”, or that he was a Game Warden as his military duty, with a history of acne. I was blown away by reading the award, absolutely floored. Not to say he doesn’t deserve it at all, just the opposite. It’s the corrupt people in these organizations like the VFW or DAV that get me, and the opposite ends of the spectrum of these Judges. I want to sue the VFW and DAV for their deception and collaboration with those corrupt VA Executives in denying my records still, to this very day. I only have some of them, because they are hiding the evidence that they were negligent, incompetent, untrained, unskilled, and screwed thousands and thousands of Veterans out of Billions and Billions of dollars in Benefits. Thanks to you all.

July 11, 2018

Hill and Ponton in Texas wanted $150 per hour to discuss my vase with me. I said no. I am talking about millions here and you want me to pay you for taking half of what I have coming. No thank you.

it will be hard to find an honest attorney, but I am in Kansas City and there are some great local ones, but I do want this to go national. I never heard of James Cripps. WHY HAVEN’T I???

I watch the news, browse the Internet, and never heard of him, but I am thrilled that he won. DAV flat out lied to, and the VFW is too damn lazy to object. It may have to stand up or remove the moss and roots from their feet, and I should have done this four years ago. I should have pushed it before NEHMER, but I didn’t know the Army and DoD were lying the whole time either. Issued a P-3 profile in Vietnam in “Physical Capacity and Stamina” and everything hidden at the second medical board, no PEBLO or any assistance, no advance notice I was going to a board, no records to review, just shock and intimidation. They said my records were lost for 45 years, and I tried to get them while on duty, but they lied lied lied to prevent a disability claim after being medivac’d out for a skin disease, so this will be interesting. I had brain damage and a stroke on duty too, and they are hiding it. I wonder what else.

July 11, 2018

Buck.

I cannot use a credited or certified VA Attorney. I have to sue the VA for Malpractice, according to that FOIA Exemption 5, so that would be the gov suing itself. A conflict. That’s what makes this different. I have no choice but to find my own attorney, just to get the records, so I might as well keep going with that attorney. I didn’t want this, but the VA put us in this position. Thank you.

victor Ray

July 11, 2018

Thanks Buck.

I am writing this down and will tune in to the radio show too Buck. I am looking at attorneys now because this seems now to go beyond just getting what was withheld in retropay, but may require damages for intentionally withholding all evidence to prevent claims in the first place. I am waiting for the final packet in the mail now, before I call anyone. It’s now or never in my life time, but the news will be a buzz about it. This will be promoted like the Colonel Parker promoted Elvis Presley.

July 11, 2018

This Executive Order is not changed by the Accountability Act that was just passed, but the Act does allow tpfor the known crooks milking the system within management to be fired, but only when it proven. So only gross greed or blatant idiotic repeated mistakes will be questioned.

A lot of corrupt rating officers got caught last year in Atlanta, GA and fired for using the system’s direct deposit system and approving veterans claims but creating an account for a deposit for the rater. Is showed the vet was getting $xxxx a month in disability, but it actually got deposited for Joe Schmoe with the xxxx pin nunmber for withdrawal.

The VA called me out of the blue 4 years ago telling me I had received the increase I put in for. I told her I just filed my claim and wasn’t even approved for anything yet. She said oh yes you are and you have a ??? Rating , right? I said no! You haven’t been receiving any disability? No, I said. I have never received one cent in benefits or C & P, nothing. She said, you are telling me you didn’t claim this x and that x and that x, and are not receiving Veteran’s SC Disability, and never have? I said yes, that is exactly what I am saying. I filed a claim in 1983 even though the VA still won’t release the records, but they denied the claim, but conceded the exposure.

Well, that was the end of that. Months and months later, from July to November, I still was not in the system because Dan Knabe at DAV had trashed my claim, and I had to refile everything. This was after I sent numerous complaints to the Missouri Veterans Commission and called the VA. Knabe said “it doesn’t matter because it retroactive anyway”. Well, it may not matter to DAV, but it matters to me! From July to November and I am not even in the system yet? WTF is that? I wanted to file in March, but DAV put me off til I demanded they file. He also said Nehmer claims get in line like everyone else, no expedition unless it’s a terminal disease, or homeless. After more lies and threatening me to never talk to the VA again myself, I fired or dropped DAV for gangster talk trying to intimidate me and the lies and way they handle claims.

Using Ebenefits let’s them monitor every stoke you make, every site you look at everything you buy, and everything you say. You may laugh at that, but you won’t get the last laugh. I don’t like it, but I agree everytime I use Ebenefits. YOU HAVE TO. try signing in without agreeing, lol. Good day all!

July 11, 2018

4 minutes ago, Buck52 said:

Some times for a Veteran that can't get his/her records especially str or unit records, can use his/her lay statment ..to describe the event that happen, with accurate dates and locations of the event within a 10 day period, in other words if a veteran had a traumatized event say combat or fear for his life on a certain day in Vietnam then if he has no records to prove this then they will take his lay statment into concederation if the statment matches up with the event /dates they have a way to check on most all events/operations that happen in a conflict .

just tell your story in detail as much as you can and try to get the dates and locations close as possible during the event/operation while in a combat zone. ect,,ect,,

example, you might remember the operation name or what you were order to do and what the day was the time/date the location,your C.O. Name or NCO in charge they can look up these events and if you got it all correct/or close to what happen then that's just as good as a record of the event. that happen as you mention it did.

I remember one of my traumatized operations date/day it just happen to be Christmas Day.

Buck.

they have the records, they know where they are, and they won’t release them without force. They withheld them under false pretense in June 1971 in anticipation of litigation because of the unexplainable skin disease. Only litigation in a trial court will bring proper results now. I don’t want the BVA even present now. They have the exact dates, locations, and know everything they need or want to know, now they are just monitoring my habits and assessing collateral damage.

Ebenefits requires you to allow them into your home, your internet devices, and Ebenefits opens your personal guarded private goings on to them. Using Ebenefits is the worse mistake you can make, but the most convenient to stay updated. The trade off is your income and personal information is collected and the VA (although it’s not suppose to) still makes you release your income, and that determines your disability ratings.

It took me 5 or 6 years to level off and able to hold a regular job. The Army never allowed the “OVER 120 DAYS TO RECOVER”, and never allowed a PEBLO or anyone for legal assistance, no advance notice there was to be this second board 800 to a thousand miles away, and it’s also a courtmarshall board too and they let me know it. I had nothing to review, nothing to see what they were suggesting, and I was still ill from malaria or something.

Everything has been denied for 45 years out of 47, but since Blue Water Navy vets are getting compensated, and Air Force vets if they worked on a C123 that was used in Vietnam, even 15 years after the war, so now that they denied all medical care and all C & P of any kind making everything worse, I receive partial disability because I was hospitalized a month boots on ground in country, and never recovered. The skin disease is now cancerous at various places. I have it all the time.

The VA doesn’t need records because they know. The administrators need to go, fired, pension left on the table, unless they work in the cafeteria until retirement.

July 11, 2018

Many of us with PTSD actually have physical brain damage trauma combined with mental trauma. I know I had a stroke in service from the bartonellosis/Malaria/and much more likely than not, Agent Orange. The physical damage from Agent Orange alone causes mental trauma, but those two permanently paired together can and does often kill you. Being manipulated and lied to by those that hide the evidence should be accountable because that broken heart and lies is what causes suicides. I survived this manipulation, but I am one of the fortunate ones.

The VA knows exactly what I am talking about, and I hope they hear me as they read this. I believed my records were lost because the Army said they were. I believe a lot of those in powerful positions that I know now never belonged in that position with that authority, and they need to be fired, and looking at my case over the last forty seven (47) years needs to cause a multitude of firings. Not just over my case, but thousands of others.

Do not let them manipulate you, because the supervisors will do just that. I recommend attorneys over any VSO or Agent because they do not work for you. The fill out papers and make suggestions. If anyone is gaming the system, look the VSOs and examiners directly in the eyes and you will see many liars, paid to deceive you! A disgusting practice and manipulation, and it’s sickening.

May 22, 2018

17 hours ago, Navy04 said:

Thats y I dont like the Appeals process, in my experience have hardly seen it go a Vet's way. I have had over 15 FDCs in the last 5 years, and only had a few claims that went over the 3-5 mths time frame, start to finish. As long as good documented evidence is used, the FDC claims and Now with the option to Request Quick Decision thru Ebenefits makes the process alot faster then when I started in 2012.

Navy04,

I don’t like it either, and didn’t want it, but for now I am at their mercy. I believe they realize that this was a case of terrible judgement and wrong doing, beginning at my return and medical documents being rewritten at that time with false information. One document is laughable, and others are missing form numbers, signatures, dates, so I am hoping for simple honest resolution. They have used Executive Privilege from 1971 to present, and I didn’t want this ridiculous injustice to drag out any longer, but I want to believe the VA is attempting to make this right. It has been really ugly so far, and total redemption is in order from the VA.

I was told they are going to work my appeals and current claims all together, so that has things looking up for me finally. It’s really depressing knowing they intentionally withheld my records and all benefits, while admitting exposure to A.O. and while staring at the DA3349, but ignoring the P-3 Permanent Profile for defects in my “ physical capacity and stamina “.

For 47 years to present the door to the evidence has been locked. I couldn’t even file a claim while not knowing the diagnosis for any of my conditions. Were the migraines were from a TBI, Malaria Encephalitis or other Tropical Disease, or Dioxin.

I wish I had your good fortune and been given my records, but no FOIA Request will ever get my records. They have been held in “ anticipation of litigation “, but I was never even told that. My records have been kept top secret it appears, and I no longer have that clearance. It has always been a one way effort all my adult life, but I think finally someone listened, and for what it’s worth, I am going to try and enjoy what I have been left. Thank you Navy04.

Victor Ray

May 18, 2018

1 hour ago, Berta said:

Victor-this is SUBERB NEWS!!!!!!!!!!!!!!!!!!!!!!!!

I know you do want total vindication but the best thing you said ( along with the award info) is

"the bottom line is things are looking up." That is great !

You got 30% for the CAD- under AO I assume-

and mentioned strokes and TIAs ( brain infarctions) and that might well be secondary to the CAD- but I am not a doctor-yet if a real doctor can say that ,with a full medfical rationale -following the IMO criteria here at hadit- they would probably award secondary on the strokes.

"I have another exam coming at the end of the month, and am hoping for vindication. "

What is that C & P for?

We have had here over the past 21 years ,veterans from time to time, who understand how great a need can be for "vindication". I know how it feels too , as the widow of a SC vet!

Berta.

The claim was for Al Amyloidosis and I have all the symptoms, which started in Vietnam and continued to develop all the remainder of my time on active duty, and afterwards. The swelling was not normal for a 19 year old healthy guy, and I think the Army knew my chemistry had been altered, and thus, the reason for all my medical records being withheld all my adult life. I still can’t get them and may never get them, because FOIA Requests alone won’t recover any records at all.

Yes, the 30% is for Agent Orange, as far as I know. I complained in the service, but couldn’t believe I was having chest pains at 19/20 yrs old. I also complained of feeling I was getting shocked, and pins and needles, and after going through puberty once already, started it again.

I felt the pop in my brain and knew my entire being had changed at that moment, and believe that’s when the migraines started. I have old dead white brain matter now, and believe it showed on X-rays as a stroke.

My calcium score is off the charts too, and was 958 four years ago, and eight years ago had total artery occlusion that’s inoperable, but having 24 polyps removed so far, enlarged prostate, benign and malignant skin cancers removed, I do hope for vindication.

The P-3 Profile issued in Vietnam was for permanent defects in my “physical capacity and stamina”, which basically involves every organ and body process, and I think the mistakes were caught by the more skilled raters at the BVA.

I think my whole claim including appeals is being worked together, and may not need a doctors opinion for the strokes and TIAs being secondary to CAD. I think they have all the evidence they need for everything. I am hoping for total vindication.

thank you for great advice, and the encouragement too Berta. You ALL are great!

victor Ray

May 17, 2018

On 4/19/2018 at 10:09 AM, Navy04 said:

Good to see more documentation and details to support your claim. I went over the documents in detail and they look good to go to me. I will start out by saying, and this is very important. Never, and I mean Never use the VFW or Local VSO to submit your claims. They do not nor will ever care about your claim as much as you, especially if they are butt hurt, cause you are sicker then them and can expect SC to be granted. I have submitted over 15 FDC claims since my Medical Retirement in 2013, with 90% of them being granted on my own. I did my own SSDI as well, which was granted in 7 weeks on the first try, which in Texas is darn near impossible. Do you have an Ebenefits Account and Login? Also have you documented in your Health History thru MyHealthEVet, it allows you to put whatever Medical Event took place and you can put the Dates, Even if it is 40 yrs back. My Last 4 FDCs thru Ebenefits have all been decided in less then 2 months, with no exams, due to me uploading all the needed evince thru the portal. Ok now to be Medically retired vs Separated with Severance, is you have to have a SC Condition that is at least 30% Disabling. If you were granted 30% or higher, then you should have been given the option of Severance Medical Discharge, or Retirement with no Severance. I turned down 80K, cause I wanted the Retirement and Benefits. Most Vets dont know that Medical Severance is almost as if the Vet never served, as there are hardly any benefits or money that comes with it, compared to a full retirement. What are you currently SC for? What Conditions was your SSDI granted for? We are here to help you, and I will make sure that the Right People look at your medical Evidence, if you submit a claim via Ebenefits. Just blows my mind that the Damn Govt makes Vets fight for so long. Also do you have a copy of your Exit Medical Exam, that notes what your Medical Issues history is while Active, and along with your Medication History? From this day forward use the Good Folks on Hadit to help you submit your claims thru the Ebenefits route. I do not like to go thru the Appeal Process, as Vets tend to sit there for years. You might get a few more bucks in Retro if Granted, but I find that most of the Older Vets just dont have enough time left on earth to risk the wait. Of course that is what the Govt and VA wants is for Vets to give up. I have had atleast 10 conditions that were denied at first due to the VA Raters not looking at the Evidence. All I do is turn right around and open a new claim for the same condition, and darn near all were granted, even though all I did was submit the Exact Same Medical Evidence I had to begin with. Good luck and keep me posted. I dont know everything, wish I did, but I have learned alot thru the Years, and do my best to help well deserved Vets. God Bless

Navy04.

I just wanted to say thanks to you, and everyone here for the advice and support, and give a little update. I have been increased to 90%, GERD 10%, Tinnitis, 10%, Esophagus 10%, CAD 30%, PTSD 70%. That’s what I have right now. I have another exam coming at the end of the month, and am hoping for vindication.

I was disabled due to strokes, 100% blocked inoperable carotid artery, a couple brain infractions, broken tailbone, weakness in limbs, vision issues. I was granted SSDI the first time too, but my cardiologist must be on DAV’s payroll, saying I could play football, full round of golf, mountain climbing, jogging for several miles. I called his office and told them what I thought of him because anyone could tell he was a liar, which I have found in many doctors cases. I thought it was mostly lawyers and judges that did the lying, but doctors take the cake, unless they are just inept.

the bottom line is things are looking up. I hope I live to enjoy a little vindication, but I can’t do hardly anything, and at times can’t walk 100 ft., and can’t be in the sun but briefly, so it’s depressing not to be able to mow the lawn, climb stairs well, hand wash the car, or do anything that really takes much effort, and I think things are worse than I know.

yes, I do have a copy of my medical exam, and it’s noted that I had chronic cough and wheezing, and was hospitalized in the Army for it being systemic, and cause “undetermined “. My hearing had a profile of 2 and more testing needed. I had to mark everything as good, in order to be discharged, and when I was told my records were lost, I gave up and marked things as good, to get out and get reputable medical care. I was ill the whole time after Vietnam wit periods of almost normal ness, but it never lasted.

The thing is, what has made this so difficult, is that I was and still am denied access to most of my medical records. 20 to 30 FOIAs did very little, but I did get some of them showing hospitalized in Vietnam 21days before Evacuation to Japan for more tests, then to U.S.A., for a total of 28 days straight the first time. The results from the tests done in Japan and for the six months following my return are still withheld to this day. The only reason given for me being medivac’d was “urticaria due to Chloroquine ingestion, which was totally false and I have the doctors own words in writing proving it. I forgot to say too that I wouldn’t have wanted severance pay either, because I had 3 dependents and insurance has always been an absolute necessity, and I had documented ongoing conditions myself, and V.A. benefits meant everything. TOO BAD they were all deprived of me and my dependents, because tomorrow, May 18 1971, will be 47 years to the day that I entered the 3Rd Field Hospital in Vietnam and my life was altered forever, and not for the better.

I don’t have the time left either and they probably know that, so the VA may become nicer since they kicked me in the teeth all my life, lied to me for decades, withheld the evidence for 47 years so far, and never ever gave me any benefit of doubt, even with the evidence written in black and white on paper.

No, I do not have the medication history and anything I do get, if anything, would now be hard to believe it’s true and correct. I submitted copies of medical records the V.A. or NPRC gave me, and the V.A. said they looked tampered with or altered. That is exactly what I had been telling “them”. I felt all along that they were manipulated, altered, missing form numbers, signatures missing, parts of the scan missing, and some information totally made up.

DAV just expedited a guy’s claim that denied his PTSD CLAIM ONCE ALREADY, but DAV in a matter of days got it expedited, and got all his retropay (Gulf War), plus other claims, and got him a job with DAV sitting right beside his VSO that expedited his claim! It’s featured in DAV’s newest magazine. DAV threw my claim in the trash the first time. DAV is corrupt, and probably everyone of the VSOs are as well. Sorry for rambling on, and I appreciate everything you said. I believe they are working my appeals and requests for increase all together. I don’t think I am as well as I think, and they know it. Thank you very kindly Navy04

Victor Ray

May 17, 2018

16 hours ago, jfrei said:

Not sure if you tried contacting your state senators office they have a VA rep you explain your situation and then if they deem they submit a congressional inquiry which usually gets the ball moving where ever it’s at....

Jfrei.

Finally, things are starting to move. I asked for an advancement on the BVA Docket, stating the reasons, and they found good and sufficient cause to grant my wish. I hope to see resolution before long, as it has been decades of withheld evidence. I am anxious for that day.

To answer you, Yes, I did contact a number of Congressional people, but they could do nothing in my particular case. They probably could in 95% of all other cases, but mine is pretty unique. Thank you for the input though, but finally I have hope for vindication.

victor ray

May 12, 2018

On 5/9/2018 at 6:34 PM, Tbird said:

yeah, that is why an autopsy is key to connecting the veterans death to their service connected disability.

Here's the info from VA

Dependency and Indemnity Compensation

Source: https://benefits.va.gov/COMPENSATION/types-dependency_and_indemnity.asp

Dependency and Indemnity Compensation (DIC) is a tax free monetary benefit paid to eligible survivors of military Servicemembers who died in the line of duty or eligible survivors of Veterans whose death resulted from a service-related injury or disease.

Eligibility (Surviving Spouse)

To qualify for DIC, a surviving spouse must meet the requirements below.

The surviving spouse was:

Married to a Servicemember who died on active duty, active duty for training, or inactive duty training, OR

Validly married the Veteran before January 1, 1957, OR

Married the Veteran within 15 years of discharge from the period of military service in which the disease or injury that caused the Veteran's death began or was aggravated, OR

Was married to the Veteran for at least one year, OR

Had a child with the Veteran, AND

Cohabited with the Veteran continuously until the Veteran's death or, if separated, was not at fault for the separation, AND

Is not currently remarried

Note: A surviving spouse who remarries on or after December 16, 2003, and on or after attaining age 57, is entitled to continue to receive DIC.

Eligibility (Surviving Child)

Not included on the surviving spouse's DIC, AND

Unmarried, AND

Under age 18, or between the ages of 18 and 23 and attending school.

Note: A child adopted out of the Veteran’s family may be eligible for DIC if all other eligibility criteria are met.

Evidence Required

Listed below are the evidence requirements for this benefit:

The Servicemember died while on active duty, active duty for training, or inactive duty training, OR

The Veteran died from an injury or disease deemed to be related to military service, OR

The Veteran died from a non service-related injury or disease, but was receiving, OR was entitled to receive, VA Compensation for service-connected disability that was rated as totally disabling
For at least 10 years immediately before death, OR

Since the Veteran's release from active duty and for at least five years immediately preceding death, OR

For at least one year before death if the Veteran was a former prisoner of war who died after September 30, 1999

How to Apply

Complete VA Form 21P-534ez, "Application for Dependency and Indemnity Compensation, Death Pension and/or Accrued Benefits by a Surviving Spouse or Child and mail to the Pension Management Center that serves your state, OR

Work with an accredited representative or agent OR

Go to a VA regional office and have a VA employee assist you. You can find your regional office on our Facility Locator page OR

If the death was in service, your Military Casualty Assistance Officer will assist you in completing VA Form 21P-534a, " Application for Dependency and Indemnity Compensation, Death Pension and/or Accrued Benefits by a Surviving Spouse or Child" and mail to the Philadelphia Regional Office

For more information on how to apply and for tips on making sure your claim is ready to be processed by VA, visit our How to Apply page.

I have a similar question to Greene’s.

In my case, the VA, DoD, or in that family has my medical records locked away for 47 years now and 30 FOIA Requests have been a joke and meaningless. I finally got some records just by asking, but not for the following six months after my medivac’d return from Vietnam with a P3 Permanent Profile for permanent damage acquired in RVN. I carry a P3 for permanent defects in my physical capacity and stamina and denied all service connection til recently, and am at 90% now, with 70% being PTSD. ANOTHER WAY of denying spouse benefits if the vets commit suicide.

By the time I get 100%, there is no way I will live another 8 or 10 years, but I should have been 100% since 1971. The VA has lied, cheated, manipulated documents, openly deceived me all in order to screw my dependents. I guess the only recourse is the courts, but I feel that they too will sell you out like VSOs do. VSOs are government employees and you will never convince me otherwise. I have watched them for years, and they are the VA.

victor ray

May 12, 2018

I hope it is. I still cant get my Service Treatment Records per executive privilege. The VA has misled me my entire Adult life after medical evacuation out of Vietnam. They have lied the last four years and are probably lying today, and the VSOs are ignorant or VA employees, or both.

A WARNING: any surviving spouse must have their own individual autopsy on their passed spouse or you likely will be screwed. Hire a lawyer and have him arrange the autopsy and you communicate with the lawyer.

the VA will have their own done and try to say it is anything but a service connected condition that killed your loved one. I have been lied to for 47 years and can’t get my records. Now, if I do get 100 finally, I will never live the 8 or 10years they require. They did this to screw my wife. I will have to sue to get my medical records and have to sue for a lot of things to have the law squeeze a little honesty out of the VA. Pure corruption in St. Louis. You can’t trust any of them to do right!

Ddsr · April 28, 2018

On 1/17/2018 at 6:49 AM, Buck52 said:

I just wanted to let active military personal know that its a lot better to have any and all medical conditions reported or Documented while your still in the military.

Do not Put off going to the Docs while your still in the military, a lot of us older Nam Vets put off going to the dispensary or sick call for aches and pains for (proud reasons or that it was just something we chalk up not to seek medical help .

and THAT is a BIG MISTAKE

...for compensation claims purposes later on down the road after your out if you had any of your conditions documented while in military no matter what it is.. it makes it a lot easier for service connection to be established. if you ever come down with something that you had while in the military or it gets a lot worse

so while your still active in military if you have any medical condition that you get while serving go see the Dr's you maybe glad you did in the future and it sure could help your life for the better.

JMO

My 24 year old grandson gets tired of me preaching this to him .''.as he says ok grandpa I will'', he is a combat medic station in Z Africa under special operations for his deployment to?? he don't know he sent us a Christmas video and he look so tired out and bored. he said he was in weapons trainning at the moment...and is locked and loaded when the time comes.

Buck.

I just saw this, and agree with you totally. Veterans exiting the Military Service need evidence of any injury, illness, or disease that they were diagnosed or treated for while in the military. Refuse Discharge until you have them, or you will eternally regret it.

I tried to get mine but was told they were lost in transit from Vietnam. Now, the US Army would not lie would it, just like the FBI wouldn’t lie. The FOIAs I submitted either rendered another lie, or a service record, like for military drivers license, or nothing at all, even a response. Now I just get told that they are withholding all of those that fall under the “ Deliberative Process Privilege “, which is every medical record for the immediate six months after my release from the “ infectious disease ward “. I had a number of conditions that are now presumptive, but the records are withheld per FOIA EXEMPTION 5 [ 5 USC § (5)(b) ].

47 years later and they are still withheld, but I did get enough of them from Vietnam to show hospitalization for a month before being released for a period of “OVER 120 DAYS RECOVERY “, that I never got. The Army sent me 700 miles away, sprung a surprise medical retention board instead of the Disability Evaluation Board, without any notice, without any legal advice, without any of the “ over 120 days recovery time “, without any records, and without any idea what they were doing to my future.

I tried to get the medical records ( I have the request copy from 1972 ) before discharge, but they said they were lost, and didn’t give me any of them. They will not give me any diagnosis or treatment records still, following my immediate return from RVN. Now, most things are going to the BVA so I will die without resolution because it will be 6, 7, 10 years. I ask to be advanced but didn’t get a response. They may surprise me and do something nice, like a review of everything, but i’m not holding my breath.

Getting any medical records before discharge can change lives, and if you don’t, you will forever regret it.

victor Ray

April 19, 2018

Navy04.

thanks for the input and advice. I am basically doing it all on my own since DAV lied to me on several occasions as well as putting my claim into the trash for almost 5 months before I caught it. I filed in July and in November was not even in the system.

I now have the VFW, who I originally used in 1983. My records are good, the claims are good, but I got caught in the wrong place wrong time. The Army was completely lost or knew exactly what was wrong, but used the Chloroquine Rule to get me out of their care to not look like my conditions was over their heads.

I was never granted anything in the service except a P-3 Permanent Profile on DA3349. I was well over 30% and I would say 100%, but never told about disability, never given legal advice, no representation, nor PEBLO, no notice of any Board of any kind until in front of it. I was told several things to intimidate me and it worked.

i suffered severe migraines after Vietnam which eventually led to convulsions/seizures, violent vomiting, extreme fever over 106, and many ice baths in the ERoom, making me comatose for almost a week. I kept the bed full of puke and pee that week, and this was a couple months after my discharge. I believe these migraines caused a stroke while I was still on Active Duty, because I felt the snap in the brain, and that moment is when they began. I believe that’s why the VA won’t release the evidence for the immediate 6 months after my return.

I have been going down hill ever since Vietnam with periods of almost normal ness, but it never lasted very long. One thing after another after another because my immune system was trashed. I retired because I was too weak to do my job and six months later I had a stroke, it was a bad one with god recovery over time, but I have been totally disabled and on SSDI for the last eight years. I had another stroke 2 years ago and have dead white brain matter and am 100% blocked in my left carotid artery, lung opacities, enlarged prostate, GERD, tennitis, esophagus problems, too much to go into, but I finally am at 80%. GERD, tinnitus, esophagus issues 10%, CAD 30%, PTSD 50%. The PTSD is actually the brain damage from Dioxin in my opinion.

They are working on my claim as we speak. In a month or so I will know what I need to do, and am hoping they make this right. I will give them the benefit of the doubt, that they never gave me, and if that doesn’t work, you will see it on the news. I will keep you posted, and thanks for the information.

victor ray

April 17, 2018

22 minutes ago, Navy04 said:

VR, Im sorry for all the health issues and bad experiences you have had all these years. I have actually had more success helping Vietnam Vets more then current war vets. I understand you say that the Govt lost your records. I myself have SC conditions from OIF/OEF that were not documented officially but I found the Doc and Medics that treated me over there to supply certified letters. Also in the first few years since your exit from Active Duty you have no physical evidence like MRIs, Cat Scans, X Rays, Etc. The VA can not challenge a Vet when there is Hardcore Physical Evidence placed in front of them. Now when a Vet states, I think this, I believe this, that will not work in the VA or SSDI people. I have been down that road with a few Vets as well. Many a Vets have had their records lost, such as in the St Louis Fire, but either had Private Medical notes, Treatment, or copies of their own Military Record. A good friend of mine died recently. He was a Korean and Vietnam Vet with Agent orange, Heart, COPD and Diabetic Issues and with other stuff. His records too were lost, but we contacted some old war buddies, which was very hard as most were deceased, and he also had active duty treatment notes, along with civilian Dr tests done shortly after discharge. With that alone we won the case and Retro back to 1968. Appeals do take years for most Vets, I currently am helping two Vets that have been on appeal since 2010-2011. Most definitely take 4-5 years minimum. As you stated only way to speed it up, if you are terminally ill or risk of homelessness. Thats just how it works for all the Vets, SSDI is the same as well. I hope that you can find some medical evidence from back then, or some body who is still living to provide a Lay statement. I truly wish you the best. God Bless and keep us posted.

Navy04.

Thank you for your reply, and let me explain a little better than I have previously. My records WERE NOT LOST. I was told they were when I tried to get them because I wanted to file some claims, if I could, before discharge. I posted the request letter. I got no medical records at discharge. I had no records at the second medical board, no PEBLO, no legal assistance, and no notice of it going to take place. I don’t need buddy statements to prove anything because I have medical treatment records from a month being hospitalized in Vietnam and Japan. It not a matter of having the proof, except for a few things, but it is a matter of the right person seeing any of the evidence.

it has been suggested twice that it is the VSR that prepares your evidence to be seen that is possibly the problem. The evidence may not get to the team it is supposed to for a proper rating. If the rater never sees the documentation, it means absolutely nothing is rated. If for some reason the VSR doesn’t like what you have said, or you personally, they trash your evidence, lose it or some of it, hide it or what ever, but it is not used.

I have some treatment records from Vietnam, but none for the treatment for the immediate six months after my return, or the tests results from Japan. I continuously deteriorated all the time on duty, but many records are missing. I have the P-3 profile issued in Vietnam for permanent defects in my “physical capacity and stamina “, but even that was ignored in 1983, when I first filed. Again, the VA ignored our (VFW and me) requests for medical records, and I was denied service connection in less than 90 days even with the Permanent DA3349 Profile.

I think there may be an investigation coming into why my records were not viewed by the raters and I now realize just how corrupt the VSOs, VSRs really are. The corruption is deep, and the manipulation wide, but the VA does have some honest employees that have not been bought and are not owned by the VA, and eventually, this will get to those people if I live long enough. I may have to advertise for a lawyer that isn’t owned, but I didn’t want to go that route.

I became disabled due to strokes, Agent Orange residuals, heart disease and others 8 years ago. I was taken off SSDI and put on regular SSInwhen I turned full retirement age. SS sent the the hospital for my records and approved it first time. The VA has finally given me some records and some service connection, but I should have been medically retired, bit I had kids, a permanent profile from Vietnam, was non deployable on a world wide scale, was medically unfit to serve in certain areas because I had a blood disease, respiratory defects, gastrointestinal defects, endocrine defects, skin disease, liver issues, chronic abdominal and bone pain, Migraine headaches, Group A Streptococcus with Pharyngitis which became Rheumatic Fever, esophageal issues and it’s documented, so I don’t need anymore evidence. What I need is for the right people to look at what I do have, but it would be nice to have the X-rays of the stroke I had at 19 yrs old on duty.

April 17, 2018

10 hours ago, broncovet said:

My suggestion is you use the "teenager" method on VA. (If you ask mom and she says no, ask Dad. If you ask mom and dad, and they both say no, ask grandpa. If all these say no, bring out the big guns and ask great grandma.) The teenager method simply means you keep asking different employees until you find a sympathetic one who will help you.

Always remember the VA is "not" a unified body. Just because one person told you that you can not (advance on the docket), that does not mean another wont put it through. Also keep in mind that you can not always trust what VSO's or VA employees tell you.

Persistentce is always the thing that wins eventually. You implied maybe you dont have that much time.

Then use your computer, and your phone to call, email or write to anyone who will listen, especially the white house hotline.

Broncovet.

Excellent advice. I tried, but not hard enough. I haven’t gone to the media, which I didn’t want to do, but depending on this last outcome, I may. They might just surprise me too, and make it right, but I don’t have hopes of that happening. I only tried the hotline once, and I don’t think the young man knew the VA was a part of our government. I will try again. Thank you Broncovet!

victor ray

April 16, 2018

Buck,

yes, I have claims going to the BVA, which means I will never see them through. I will be dead in a year or two, so the VA planned it very well. They are pretty much experts at deception. They do not need anything. They have everything and that’s why I was denied. I was a test subject, injected with their measure of Dioxin they figure most vets would ingest, to watch the effects manifest. It sounds like a science fiction movie, but some of us were selected as human subjects because they needed absolute control, hard science with no guess work like was he exposed to AO or not. Animals weren’t good enough because thousands were reporting that after being sprayed on, they broke out like I would come to do later. Civilians were getting ill too and the DoD wanted facts, hard undeniable evidence, because it knew what this could mean.

I was supposed to be separated but was held on duty to observe. They told me in Japan they couldn’t do anything or treatme, just the symptoms. Ah, heck with it Buck.what I am saying, they know everything and have always known, but just the last couple years service connected me. They are 100% aware of the entire situation. DoD called me 3.5 years ago, asking why I wanted my medical records, and I got some, but will not get the rest without a malpractice law suit. There words, not mine.

DAV got claims ahead of me and behind me expedited and closed, both getting their back pay in one week, one was for 12 years, Mr Stephen Kelly in 2012 by Mr Edwards and the other was Mike Franko this year by Dan Knabe. All in St. Louis. Google Kelly and Franko was in the last DAV magazine. I will see what they do. The other article will not upload for some reason, but I took this pic, so it did. I will wait and see if BVA will advance me or if I go the media route. Thanks

April 16, 2018

1 hour ago, Buck52 said:

If you signed all FOIA' Forms and still no records after all these request/years

you need to contact your congressman or call the white house hotline.

you should have records from Vietnam STR's and separation records Medical Records Service Records Immunizations Records ect,,,ect,,,

Check all Hospitals military/private you were treated at for any and all records they may have on you.

if your C-FILE Don't have any Records and you can't get any buddy statements from your unit in Nam or a DD 214 Yes something is very wrong here.

Buck.

I have my military records (most anyway), except for travel records, finance or pay records, morning reports. No records and test results from Japan, no blood smear slides, no x-rays, and no medical board proceedings from the USA in July 1971, or any records for seven months after my return. I felt the pop in my brain, and may have had a stroke. I have called the hospitals, and most of the doctors are dead or gone or have destroyed the records. Even the VFW from 1983 have destroyed its records, but I got everything I have from the VA, NPRC, NARA. I have called the records management office and all they had are rude employees. I called the White House Hot Line and wrote President Trump.

The Presidents office forwarded my information to St. Louis and Mitzi Marsh wrote me in response. She basically told me what they have done (like I can’t read), and added that they were taking care of those that have been waiting longer first. She has no clue, and doesn’t care to know, and I don’t have much confidence in her ability to do “anything”.

Yes, something is wrong, and that’s what I have been saying. There are swamp people all over St. Louis, and I have to assume I was part of the experiment to determine the effects on humans. Vets are sacrificed all the time under the covers, and I guess I am one of them. The only real way to know first hand what a chemical does to humans is to inject some of them and wait. As they develop negative conditions they are monitored, but they have to remain on duty to do that. I was retained on duty and deteriorated to the end and beyond. I feel my conditions were used to compare against other vets assertions. They knew without a doubt my conditions and why I had them, so now compare others to me. I was a control sample.

I had a number of conditions, any one of which would have warranted medical discharge. A Systemic Blood Disease with undetermined organisms for one, and Group A Streptococcus with Laryngitis, Sinusitis, swallowing problems, fevers, soaking night sweats, severe pain behind the eyes, swollen limbs, thickened skin, unnatural acne(Chloracne), extreme pruritus, insomnia, extreme fatigue, abdominal pain, chronic wheezing and cough, petechia, blistered hands, rashes, bone pain, hearing loss, tinnitus, heart palpitations with chest pains, urticaria and atopic dermatitis. I never had any issue before Vietnam and haven’t recovered since. My lipid level is off the chart and always has been, along with a fatty liver and degenerative bone disease.

Something is terribly wrong here, and has been all my adult life. My kids and grand kids have issues that I know is because our DNA was altered. Positively, absolutely!

victor Ray

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Dependency and Indemnity Compensation

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