Ask Your VA Claims Questions | Read Current Posts
Read Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules
Victor Ray
-
Posts
288 -
Joined
-
Last visited
-
Days Won
1
Content Type
Profiles
Forums
Events
VA Disability and Benefits Information
VA Benefits News
Store
Posts posted by Victor Ray
-
-
A local Kansas City man is suing the VA for $35 million in a malpractice suit, in my words basically, he was treated for 10 years of being misdiagnosed for a mental condition that he didn’t actually have, and it cost him his pilots career. Anyone can google it for accurate details.
I made medical treatment record requests while on active duty months before my discharge, but were told they were all lost in transit from Vietnam, when I was medivac’d out. What I did receive at discharge was Form DA 3349 showing P-3 permanent profile for permanent defects under “physical capacity and stamina”. I had what we call now, Chloracne, Porphyria Cutanea Tarda, Upper Respiratory Infections with undetermined organisms, Group A Streptococcus, vision problems with eye aches, Migraine Headaches, abnormal Liver and kidney issues with urinating blood, uncontrolled pruritus, insomnia, urticaria, rashes, unexplained fevers, heart palpatations, abdominal pain and cramps, severe bone pain, and on and on.
I was stuck thousands of times by mosquitos, ate or almost ate some nasty uncooked/undercooked fish, besides drinking nasty water. I probably had Liver Flukes, Filariasis, or Malaria or all of them because I was in a coma most of a week a few months after discharge, and I never recovered from RVN Service.
My treatment records NEVER WERE LOST, but they were withheld for 45 years, and 6/7 months still are, plus all of them from Japan, about 4 days of test results. The VA has withheld the missing documents and medical board proceedings per FOIA EXEMPTION 5 for a year or two, but now say they mistakenly spoke when said they were withholding them in the two or three reply’s from FOIA Requests. I still have not received the records I have requested, such as pay records, morning reports, and I am at the point that I actually may need an attorney. I am being reconsidered now, but I was deceived and had no evidence for a disability claim before I was discharged. Being naive and 21, and never doubting the integrity and honesty of the Army or VA, I couldn’t see how I would ever get a disability claim approved. I barely had proof that I was even in Vietnam, but now have proof of a 28 day straight stay in the infectious disease wards. SHOULD I TRUST THE VA TO MAKE THIS RIGHT, OR DO I CONTACT THE ATTORNEY HANDLING THE $35 Million dollar suit? Sorry for being long winded, but a little history makes it clearer. It’s going on four years with Line of Duty, and 100% Direct Service Evidence, but only recently given 70%, but denied 100% Service Connection that was due in June 1971.Thanks again.
Victor Ray
-
Broncovet,
i was medivaced out of Vietnam with a skin disease, spending a month as an inpatient at 5 different hospitals for conditions caused by an unknown source. We know now what it more likely than not was Agent Orange. I was just caught in the cover up that had been going on for well over a decade. I was denied because I said my conditions were due to herbicide exposure, that's it. The Denial happened because of SOP notes of 01/11/1983, Defer all Service Conncted claims before the evidence even left St. Louis. Actually the day before. Then denied again in another letter about 2 weeks later.
Me or the VFW never received any records or response. I wasn't surprised that much because I was told while still on duty they had been lost. I did exactly what they knew I would do, what most of us would do, and what most of us did do, and that was forget it or self destruct or both. When the U.S. Army tells you your documents from the other side of the earth were lost intransit fro Vietnam, you believe them when you are 19 and 20. I believed them. I thought that's why the doctors here couldn't understand how bad I was because they didn't have any documentation to go by, no history of my illness to help them understand.
Was I suppose to assume they were lying about my records? The US Army hiding records? No way. They would put someone in the Brig before allowing anyone to mess with records right? Right??? I believed they lost my records, but I still knew Agent Orange was the problem.
Looking back, there is no doubt what happened. I asked about this just wondering if anyone else had ever dealt with FOIA REFUSALS. I'll see what happens in the near future, and if I believe they have made it right, like was promised. They have the authority to do anything they want, so I will see what they do, and may be pleased, I'm hoping.
victor
-
9 hours ago, Buck52 said:
https://www.law.cornell.edu/cfr/text/38/3.816
check this link out for Presumption under the Nehmer Rule
I wonder how this works when they manipulate every move for you, determining the outcome decades and decades before entered the service. This administration has written the rules and tested every one thousands of times in the past, and probably have a law someplace that can change any other law at any time for any reason. When the evidence is altered, or when it's manipulated, and when it's intentionally withheld, you are damned to their whims. You can only hope for an honest soul to do the right thing in spite of being hated for it, but they do exist. They will write your history and destiny the way they want, so I hope for vindication and correction, including my discharge from honorable to medical, because that is the way it should have been. Thanks Buck
PS. DAV resolved a 12 year old "CUE" in one week they proclaim. They had me for a year and a half and took from July 28 to the middle of November to get my claim filed into the system, and that only happened because I wrote the Missouri Veterans Commision. They bitched at me and told me not to ever call anyone but them again. They don't use the fax machine either because it creates another back up record they are responsible for. Paper through the mail is easily manipulated or lost if need be. You can file it, alter it, pick and choose which gets through, and what gets trashed. They wouldn't fax a few copies of a record for me even when I told them an employee was waiting at St. Louis for it. No, we'll tak care of it, they said.
victor
-
57 minutes ago, Buck52 said:
Drop your DAV Rep send in a request they be revoked Immediately upon THE DATE getting your request to revoke them as your POA.
Hire a certified Experienced VA Rep.
As for as the presumption with A.O. Claims
Do research or look up what condition you have and check it in comparison with what this bad ass Chemical can do to a person year years later but also find the criteria that meets your condition caused /or related to A.O. (With you heart disease/ skin cancers)and any other condition that is related to A.O. or on the A.O. Presumption List.
Show this list to a Quailified Private Specialist some timesWe Vietnam vets will need to educate the Dr's so -to-speak on this type of claim and its under presumption/Nehmer .
Fortunately For IMO..a Specialist Dr will need to Opine this as likely as not caused/related to A.O.
There are Specialist out there that are veteran friendly and will help/Call around until you find one or google a specialist with A.O. Experience that has help Veterans that were exposed...Just my opinion but a lot of your Adjudication problems was with the DAV.
I used DAV but they were useless in helping me with my claims...I never revoked them but I just worked my claims my self and with help here on hadit almost 19 years ago...I too am a Nam vet but so for I don't have any A.O. Conditions if I do I don't know it.
I been placed in the VA A.O. Regestry in 2000 ..but some other veterans say that's all B.S. ??... its suppose to help speed up a veterans A.O. Claim if /when he/she files a claim for it.
Buck.
thanks for the information, and I did revoke DAV's POA last year or late 2015. Besides lying to me, they intentionally screwed an appeal for the FOIA documents being requested. They were pissed and basically told the VA to remember that I revoked their POA and to end my reconsideration for increase. That's basically what they said, and you can see what you think. Within 2 days of me revoking their power over me, the VA had mailed my decision with "0" increase. Coincidence? No way.
DAV told the VA to screw me and they did. St. Louis VARO and DAV never seemed to get the records from the Intake Center in WI either. Coincidence?
i never had a skin condition until Vietnam, and it was their that the Army said I had it, then their hired or fee based dermatologist verified I still had it, and in 2014, or 15 I still was treated for it. The urticaria was never resolved and it is only a visual showing that internal damage is taking place anyway.
I was a victim of a massive cover-up that lasted at least 30+ years, and by 1983, they knew and sent me a letter to be examined. You know how those registry exams go, especially when they are trying to build a case against it causing any issues.
I never got a cause for the 708.9 because it is "unknown/unspecified". It wasn't VDRL(syphilis ot VD), or Malaria, or parasites, but it is presumed that if you set foot on their soil, you were exposed , even if you worked on a C-123 as late as 15 years later, you were exposed, but I was denied because to award C & P without a law suit would have set a president and opened the floodgates for claims. I was an actual documented case so the documents were hidden to keep it from being used in court.
Maybe they expected "me" instead of NEHMER to file suit first and I should have, and would have if I thought I could get my records. I had been told they were lost, and the VA did not respond to my requests. It is an open and closed case, but I was just given a 21-4142 to sign to drag this out longer, and I imagine it will still be months before it moves. The 4142 or 4142a gives them another year, in which I could die, and my family would be - you know- bent over. It is and has been a bad deal, with bad corrupt people in control. I will see what happens next, but they only consider their own interests. Four officers signed the permanent profile, and it was a skin disease, DAV did screw me over, and flexural atopic dermatitis is the same as atopic dermatitis, and it was conceded I was exposed, and it does do damage. Thanks Buck
Victor
-
1 hour ago, Buck52 said:
Vic
Did the VA Award any of your S.C. Disability claims with the A.O. Presumption Criteria?
&They did concede that you were BOG RVN...To your present claims? or were your present claims cause from military duty from other country or USA? stateside?
Sounds like if you filled for a different claim/or increase and they come back and say no records found...something is fishy going on.(because your already Service Connected at 70%
As for as different R.O. Adjudicating your claim this can be a good thing or bad...good is that they find an R.O. That is not as busy as your Original R.O...& Hopefully Adjudicate your claim faster.
The Bad thing is they do tend to lose records or just not request your records to help them make a decision, its so much easier for the rater to just deny rather than try to request more information (request your records) (check out duty to assist) and also reason VA has been denying your claim based on no records that don't add up...since they have S.C. you already.
I recommend you seek a Certified VA Claim Rep someone like Asknod to help you with this He is pretty sharp on VA Law and can get past the VA B.S.
Remember all us Vietnam Veterans were exposed to the A.O. When we got off the plane/ship and set foot on the ground infantry or not.
So according to the VA own Criteria Were covered under the Nehmer Rules and the Presumption of the A.O.Act
Use your DD 214 for Boots on the Ground as prof
http://www.pa-coc.org/images/Council_Newsletters/Checklist_for_Agent_Orange.pdf
Buck,
yes, I am SC 70% as of last Nov. after 45 years, and boots on ground.the first time or 2 throw the proces, they said they didn't receive the documents I uploaded and sent to Janesville, WI. Intake Center! But it had been 6 months. DAV said the same thing. That's bull, and that's collusion right there. DAV screwed up everything, and I believe it was intentional. Theirvtone of voice was threatening if I talked to the VA employee again. She is assigned to me. When I call her she answers "Hello Victor" on the first or second ring. She is assigned to assist me personally.
my take is that the VA sees it screwed up in my case in 1971. I have a permanent profile, never recovered, but got by (or starve), and should have been medically retired, but I was only 19 years old, and they just couldn't see it because I had my limbs and could get around. My brain as bleeding, my lungs were severely damaged, my blood was clotting, skin was ate up, but I was too young to collect disability, I guess. ANY disability.
Yes, I assume they understand that the treatment records from the military hospitals would service connect me automatically, but then they ask for proof from my doctors that Dioxix is the culprit.
Absolutely, it has been fishy from day one. Agent Orange was known about in the 50s as far as what it could do. In the mid and late 60s it was investigated and by early 1970 Congress called the VA out on it, knowing they were hiding the truth. A year later I was ate up over there and they said they had no clue, or it could be heat related, or nerve related, or chloroquine related, or all three but then none of them. I was in the Delta here guys were dropping like flies, so bad it affected military operations and was a big concern.
They are gathering evidence for reconsideration right now, and I hope they come to their senses, and I think they have so I am looking forward to it. I hope my ticker don't give out first.
Oh, I Meant to say that my condition got worse after Vietnam. I think I had a stroke in the Army at 19, because two months after discharge I was in a comatose state for days, and had many ice baths at the local ER. I now have lesion or hypodensity and had a couple more strokes. I am disabled now.
victor
-
4 hours ago, Gastone said:
V, you're currently VA 70% SC and I have to believe some of that is Nam Vet "Boots OTG" AO Presumptive, correct?
Did you apply for a Direct SC for the "Skin Condition" that got you hospitalized while in Nam? Was it Denied, and if so could you post a redacted pdf of the Denial Letter.
Over the past 30++ years, have you ever discussed with a VA Lawyer your problems getting your FOIA requested SMRs?
At some point, you had to have filed a VA FOIA for your complete C-File in paper form. Have you recently filed A VA FOIA for your VA E-File on a searchable CD. Have you found any evidence of an attempt to withhold your SMRs or discussion regarding "Anticipation of Litigation?"
I would think that from the VA's perspective, with every New SC or Pension Claim filed, there has to be a certain "Anticipation of litigation" automatically attached.
Semper Fi
Gastone,
yes, that is correct. Granted 70 after 3 reconsiderations, and boots on ground.
yes, I all pied for direct service connection. AO exposure was conceded, but it was not shown that the Herbicides caused any disabilities.
No, I have not talked to a lawyer at any length, or serious discussion.
Yes, I have filed 25 or so paper FOIAs, and requests before the FOIA existed. I have asked for the records worded in every way possible, but nothing is hard to understand when asked for all records and documents including all medical and treatment records, all military service records including all travel records, all finance and pay records, all medical board profeedings minutes or records, the Complete "C file", complete 201file.
Yes, I have several searchable CDs but none contain any treatment records from Vietnam, Japan, and some from USA. I have no idea how you would spot an attempt to withhold records. I know that when I went on sick call a record of should have been documented, and I do have letters from the NPRC THE vA has posession of those records I requested, then letters from the VA saying they don't have them. Repeated records from the NPRC saying that the VS does have them, then letters from the VA saying they were returned to the NPRC. I got a phone call from the NARA and they told me they had some treatment documents for me. About 32 medical documents from Vietnam showing tests for malaria, syphylis, other parasites, treatments every week with Chloroquine, abnormal liver labs, irratic heart rate from 60 to 90 gpm at rest, abdominal pain, right side pain, leg pain, swollen limbs, large wheals, mosquito bites, rashes, blisters on hands, neck, ear, from Vietnam showing 21 days inpatient then medivac'd to Japan for advanced testing, I could not. Be treated so airlifted to USA. I got "0" records from Japan.
i filed many times for my "Complete C-File" but never got it, but I have received 2 or 3 CDs and told many times I have all the records they have, then finally, I got 32 I didn't have, then another 4 I never had.
i understand what you say about new claims and anticipation of litigation. Like workmanship comp, except the VA does a line of duty. Al my records are "Line of Duty-Yes", so why were they withheld.
Jan 11, 1983 a blanket deferral for all Agent Orange claims went into effect. I filed April 4, 1983 and was denied the day before my records even left St. Louis headed to Nashville for my decision. I was denied several days before they even saw the documents. Would you say that was a reasonable thing to do considering I was evacuated due to a skin disease? That disease was just a visual show of internal damage and the Army knew it.
i'll see what they do. Thanks
victor
-
Buck.
I did finally get many records last year, mostly from being hospitalized in three military hospitals in Vietnam for 21 days, then another 7 in Japan and USA. I only got some of them, and others are being withheld.
I recently have been put in for reconsideration, and am hopeful for vindication this time, but the completion date is November to April 2018, unless they extend it which they always have. Once the reconsideration started, they ask me to have my doctor to send them articles and scientific evidence that my conditions are caused by dioxin! WTF is that for? What kind of bullshxx is that I ask myself. Aren't Vietnam Veterans with boots on ground considered presumptive for a number of conditions, and besides, I was directly exposed and medically evacuated due a skin disease of unknown origin.
The VA originally denied me service connection because it was covering up the dioxin scandal and didn't want to pay any back pay, and I had been told my records were lost in transit from Vietnam, but they were not. They also said Agent Orange does not cause any disabilities. The VFW had requested my medical records but never received any of them nor did I, and we never received any response, but I have a copy of the request the NPRC sent me.
my claim was at St Louis for months sitting in the NWQ, and went to Georgia, then Nebraska, and wound up in Waco Texas where they said I never complained, was never treated, never diagnosed, and there is no record of any illness, disease, or injury while in the military.
It is a whole lot of coverup, confusion, hidden records, intentional delays, intentional runaround, and plain old misinformation and deception.
My records weren't destroyed in the fire either. They were gathered up by DOD or VA after I filed in 1983, instead of coming to me or the VFW. I'm hoping an honest rating officer views them this time and the WACO, TX office of raters are fired, or was it St. Louis hiding records?
-
12 hours ago, broncovet said:
I had periods of depression and my medical records were witheld from me then. Did you go to your "release of information" office at your VAMC and ask them for your records? If you have not done this, then you should.
If you remember VA is not a unified body, just "go to someone else" when employee A says no, and you usually get the deisred result, tho it may take several tries.
Broncovet,
I'm done with looking for them. I just wondered if anyone knew about the VA or other companies withholding medical records intentionally, and it NOT being a crime. Evidently, certain entities can, even if your life depended on that information. Is it a coincidence that I couldn't get my records in 1972, 1983, 2012, 13, 14, 15, and not until 2016. A coincidence? No. I get it. It was an economic decision for denial. I can just imagine the liability to all involved and the cost was too much, so when you have no proof you have no case. No private copies equals no proof, so withhold them all. Well, we will see what they do. Thanks B.
victor
-
3 hours ago, Hamslice said:
Vic,
I would think that last letter you posted about the lost in transit medical records from Vietnam would be an open book with a good veteran's lawyer..
FWIW,
Hamslice
I would too, but I am hoping it doesn't have to go there, but it's their decision. They will determine it's coarse. Thanks for the information.
Hamslice,
the VA released some STR's last year, but withheld others, and I didn't explain that well. All medical records were withheld until last year except a few from basic and AIT, and some MIlitary service records. When the STR's were released, some were withheld per FOIA Exemption 6 and Exemption 5 of [5 USC 552 (b)(6) and (b)(5)] respectively. I still didn't get some travel orders to Vietnam, pay records from Vietnam, no records from Japan. I was tested more in Japan, and told there that they had no idea what caused my condition, and that I was the 5th SM to have this condition, but that couldn't treat it and I had to go home. I was released from the hospital in USA a week later and sent "HOME AWAITING ORDERS". I was ordered to PCS to Alabama, got picked up at the airport, taken before a board and informed that they were going to decide to kick me out or keep me. I had no idea what they were doing, and I could not deploy to many countries, was supposed to have "over 120 days recovery" to stablize, but I never did. I remained ill, but able to function enough do my duties, but still ill with 4 or 5 of the presumptive conditions allowed now. That's why they were not released I'm sure, to hush it up. Keep it out of the news. You know, it was before NEHMER, and denial of dioxin was at full peak, but they knew in 1968 the real problem.
-
32 minutes ago, Hamslice said:
Vic,
My wife reminded me that when our lawyer had us request some of her records for them, we had to put "For Litigation" on the requests.
Just sayin,
Hamslice
Hamslice,
thanks for the information. I never actually knew they were withheld, because I was told they were lost. When I would talk to different employees I would get a sense that something was not right when I would get one medical record, then with another request, another record. Last year I got 38 or so from Vietnam hospitalization for a month, but all evidence of migraine headaches gone, and I have had two strokes and a brain lesion or hypodensity since. I was in a coma 2 months after discharge from the migraines, and extreme fever. i still don't have those records and am pretty sure they have Xrays and documents showing I had a stroke or something, and how would I know any different? How would I prove it? Why was my records withheld 45 years if there was no wrong doing? No one ever gave an answer, but with 45 years to jack around with them, I'm sure they can say anything, or not say anything. I get what they want me to have and nothing more. I didn't know litigation might be needed. I believed that the VA would have to make this right, but the Texas VARO said I never even complained while in the service, that there was no record of me ever having or being treated or diagnosed with any illness, disease, or injury. They say what they want.
-
6 hours ago, Gastone said:
Let's go slow on assigning blame until we get the Complete Back-story and see the Evidence of wrongdoing. Collusion by VA employees for over 30 years in the "hiding" or "Withholding" of SMRs and VMC Med records "In Anticipation of Litigation" since the late 70s just seems to be a stretch.
Semper Fi
Gastone,
it 45 years, not 30, and it's much more than a stretch. I thinks it's balanced on the fence of malicious. My records were never lost, and my FOIA Requests were never answered until finally about 2012 I got some military records, but little if any medical records at all. All I had when I filed in 1983 was a DA 3349 from a medical evaluation board signed by four Medical Officers that listed my "Physical Capacity and Stamina" as P-3. I never recovered, was denied Service Connection in 1983, and didn't receive any MTRs until spring of 2016. Here is a Feb. 1972 request, a 1983 request, and a 2012 request. I have another 15 to 20 but they are irrevelant at this point. Some are hand written, some are forms filled out and faxed, but it doesn't change the facts. The employees just follow the orders of superiors. They, are the swamp.
-
17 hours ago, Hamslice said:
Vic,
I would be interested in where you found "ANTICIPATION OF LITIGATION". Not because I don't believe you, but, can it be a real thing in ones file at a medical instatution?
The reason I ask is my wife had some poor work done to her by a doctor and we are having a hard time finding some of the records, that in this case, would prove he was at fault, etc.
Again, while I believe you, I just can believe that is a thing. But then again, nothing suprises me much anymore.
Thanks,
Hamslice
PS, how about a court order for your records...?
Hamslice,
I don't remember exactly where I first heard that term, but I started requesting my records in 1972 and I knew it was extraordinary that all my medical records had been lost. Most of my requests didn't even get a response, and I believed they were lost, but kept trying anyway. I read about the laws regarding withholding of medical evidence, and it seems the only way to get them is through an attorney, but they can do what ever they want. They gave themselves that power, along with other companies. That's how they can get away with experimenting on soldiers. You can google it under the deliberative process privilege FOIA 5.
-
9 hours ago, Buck52 said:
Sounds like BS from the VA just another one of their fiasco to use to deny. or cover themselves .
That's what I thought too Buck. Who knows how many were misdiagnosed on purpose, or just plain old lied to. Withholding evidence is different than lying in 19 different ways and the government can prove it, and besides that, they wrote the laws governing them selves. I think it would take an attorney not owned by the VA to obtain the unadulterated virgin records, if they still exist.
victor
-
I have come to learn my medical evidence was withheld all my life due to "ANTICIPATION OF LITIGATION", from what I gather, and the VA used a couple FOIA EXCEPTIONS OR EXEMPTIONS in withholding them. I am asking why the VA would anticipate me suing them before I even got discharged? Just asking. Thanks
Victor Ray
-
On May 26, 2017 at 8:10 AM, shipdog7 said:
After 50 years I received a 100% disability rating. At 73 years of age I was awarded it about a month ago. Prior to then I received a letter from the Treasury Department stating they didn't have my banking info available if I was awarded a pension. Turns out they did. I had to call the number given to verify it. The gentleman I talked to told me how it can take 6 to 8 years for an appeal. WOW! That was depressing. He said the Washington office alone had 4 or 5 staffers and handled 30,000 claims. I wrote to Senator John McCain telling him what I had learned. With no reply necessary. I turned on CSPAN 2 weeks later to see what was going on with our committee hearings and I hear various Senators pushing bill H.R.2288 - Veterans Appeals Improvement and Modernization Act of 2017. It passed the House and was headed for the Senate. It was to shorten the time period of between 5 and 10 years to one year for appeals. 470,000 appeals waiting for approval. I wrote back to Senator McCain and thanked him today. No reply necessary.
https://www.congress.gov/bill/115th-congress/house-bill/2288?q={"search"%3A["congressId%3A115+AND+billStatus%3A\"Introduced\""]}&r=1
Shipdod7,
Did you linger at 70% for years before going to 100%. We are just curious, and all of us are very happy for you, and I guess need something to believe in. I hope you were treated right, and hope you are medically alright, and have some time to enjoy life without financial worries concerning medical expense. It's just a crying shame you had to wait 50 years, if you had problems all those years. I did too, from the time I was hospitalized in Vietnam, but now the effects of Agent Orange aren't hidden and covered up as it once was. Good luck and stay upright!
victor ray
-
Like Shipyard7 it's been a long battle for vendication and will be longer to accomplish what needs to be corrected. I should have been medically retired with full pay, full medical for life, full Exchange privileges, and everything a completely disabled veteran is entitled to as of the day before left Vietnam with a Form DA3349 declaring I was permanently defective in the body organs and systems preventing me from performing at full capacity except for short periods. The P-3 is permanent and supersedes all other profiles.
i tried for several months to get any medical records I could while still on duty, but was told for 3 months they were lost. THEY NEVER WERE. I was in the Mekong Delta and was eaten alive by Mosquitos, but had bone pain, abdominal pain, liver pain, acne, heart rate as 90 bpm to 60 bpm at rest. I was hospitalized in Vietnam 21 days then medivaced to Japan for more tests. Those records are lost or withheld, but I was told I was the 5th guy to come out of Vietnam with urticaria to that degree, and they don't know what caused it in any of the previous cases either, but the others went home and seemed to improve, so I was going home too. I was released out of Great Lakes Naval Hospital about a week later, and sent "HOME AWAITING ORDERS", knowing I was going to be separated. I had over six months active and well over 30% disabled, so it meant full pay retirement, full medical and dental, eye care for me and family, full Exchange privileges, but instead I was deceived, retained on duty to deprive me of those benefits because the Agent Orange issues needed to be hushed, downplayed, not talked about and kept out of public view. I continued to deteriorate al the time even after being discharged. Two months later I was in a coma or comatose state for days, but may have been a week.
My conditions are permanent and were well over 30% so it would be total. It should have been P & T from the day I left Vietnam, 46 years, 1 month, 20 days. Having my records withheld all my life, kept me from seeing the evidence, or showing the conditions to another doctor, and the VA refused to treat me as well. This was a bad case of hide this guy because he "IS the evidence" and I was ignored, downplayed, turned away, but should have been on the nightly news, every night until a settlement is reached. I haven't gotten any truth yet, but did get some "altered records." That came from the VA itself". Tont at the VA said some of these looked suspicious, like they are altered, and I said thank you, thank you, thank you. That's exactly what I have been telling everyone, but no one listening. Three years of daily calls to St. Louis and still working at vindication. I had chloracne and a half dozen other conditions that are now presumptive, but the hired gun examiner said I had atopic dermatitis with generalized Pruritus.
shipyard7, when did you initially file? Congratulations
victor ray
-
On May 26, 2017 at 8:10 AM, shipdog7 said:
After 50 years I received a 100% disability rating. At 73 years of age I was awarded it about a month ago. Prior to then I received a letter from the Treasury Department stating they didn't have my banking info available if I was awarded a pension. Turns out they did. I had to call the number given to verify it. The gentleman I talked to told me how it can take 6 to 8 years for an appeal. WOW! That was depressing. He said the Washington office alone had 4 or 5 staffers and handled 30,000 claims. I wrote to Senator John McCain telling him what I had learned. With no reply necessary. I turned on CSPAN 2 weeks later to see what was going on with our committee hearings and I hear various Senators pushing bill H.R.2288 - Veterans Appeals Improvement and Modernization Act of 2017. It passed the House and was headed for the Senate. It was to shorten the time period of between 5 and 10 years to one year for appeals. 470,000 appeals waiting for approval. I wrote back to Senator McCain and thanked him today. No reply necessary.
https://www.congress.gov/bill/115th-congress/house-bill/2288?q={"search"%3A["congressId%3A115+AND+billStatus%3A\"Introduced\""]}&r=1
On May 26, 2017 at 8:10 AM, shipdog7 said:After 50 years I received a 100% disability rating. At 73 years of age I was awarded it about a month ago. Prior to then I received a letter from the Treasury Department stating they didn't have my banking info available if I was awarded a pension. Turns out they did. I had to call the number given to verify it. The gentleman I talked to told me how it can take 6 to 8 years for an appeal. WOW! That was depressing. He said the Washington office alone had 4 or 5 staffers and handled 30,000 claims. I wrote to Senator John McCain telling him what I had learned. With no reply necessary. I turned on CSPAN 2 weeks later to see what was going on with our committee hearings and I hear various Senators pushing bill H.R.2288 - Veterans Appeals Improvement and Modernization Act of 2017. It passed the House and was headed for the Senate. It was to shorten the time period of between 5 and 10 years to one year for appeals. 470,000 appeals waiting for approval. I wrote back to Senator McCain and thanked him today. No reply necessary.
https://www.congress.gov/bill/115th-congress/house-bill/2288?q={"search"%3A["congressId%3A115+AND+billStatus%3A\"Introduced\""]}&r=1
Shipdog7,
my comment and questions are when did you file your initial claim? We're your conditions documented while you were on duty? Were you not awarded retropay? I filed in 1983, but was evacuated out of Vietnam with a Medical Board Evaluation P_3 for permanent defects in the ability to perform at full capacity only for short periods. I was medivaced on June 7 1971 after 21 days hospitalized in Vietnam, and another week afterwards. My conditions were documented in line of duty and continued all the time on duty. I never fully recovered, and was told in 1972 my records were lost in 1971, but they never were. Congratulations and hope for your vindication.
Victor Ray
-
33 minutes ago, Buck52 said:
I am not familiar with your claim this is just my opinion.
''I was told by the DRO in St. Louis that it would go much quicker with a review decision as opposed to an inperson visit''
I disagree to a certain point with this.
In my opinion its better to face the DRO FACE TO FACE and make damn sure he'/she reads my evidence and give new evidence if you have it and a detail statement of why the disagreement and back up what you say, this puts the DRO at a slight disadvantage so-to-speak & its your chance to get it right.
When a veterans claim is jolted (sent for adjudication) around the country/different R.O.s and furthering the claims process, its time to call the hotline# or email the VA Secretary and give a short detail of your situation.
one phone call/email from the VA Secretary office will certainly get things rolling.
Buck,
i am sure you are totally correct and knowing what I know now, I wish I had the face to face. The reason I waived the Face to Face was time. I have the evidence beyond a shadow of doubt, so I couldn't lose, and it was suppose to be a couple months away as opposed to 6 months at a minimum. That appears to be a lie too. I thought at some point I would get an honest shake, a real review. WRONG. The truth is not in them.
Supposedly I am being reconsidered and in the review of evidence stage. Ebenefits don't show it, but the VA said it, so I know it still gathering evidence, not review. It will be months more, and then wrong.
i may make some phone calls after all. Thanks Buck.
victor
-
Buck,
thank you and I have done all that for about the 3rd time now, and it up for a DRO decision. I was told by the DRO in St. Louis that it would go much quicker with a review decision as opposed to an inperson visit. That was in March and it looking like November at the earliest. I believed the DRO like a fool. The impression she gave was a few months, like last June, which came and went. Now they sent for my SSDisability records, and had me send in the 21-4142, which extends the process another year, basically. They have blatantly lied, withheld treatment records, altered others, removed many, so it's difficult to lay out th case when they supply you with the evidence, and then say it doesn't exist. It just corrupt employees basically, and it takes cold, biased, heartless people to work there. Everyone is a liar until vindicated.
What many don't realize that your evidence is not evidence at all, unless the BVA says it's evidence, or DRO, whoever you are with. Just because you have it in writing doesn't mean it will be used, in fact they can tell you it doesn't exist. The papers in your hand do not exist. That's where the lawyers come in. They are generally accepted as professionally creditable, and when he submits the same papers, they now become evidence. This so called backlog is fake, self generated, along with the NWQ. Your claim is basically decided in 125 days, but the apparent disability rate, monthly payment, back pay, and disease illness or injury determines the path it takes and length of time to resolve it. Kind of like sorting mail. Claims filed years ago have their own special shoot, with a whole dif ferment set of forms, all designed to take various lengths of time, or requiring different additional forms to delay. They are masters at deception because they designed the game, and have been playing it forever. My claim in the NWQ went from St. Louis, Mo to Georgia, then to Nebraska, then to Texas, where they said there are no records, lol. Now it's back at St. Louis. It never went anywhere in reality, but the powers that decide are in different locations, the ones mentioned, and they all take a crack at finding flaws, a reason to delay defer, or deny. When the claim is good, it's put through different sets of laws looking for other avenues where it can be denied, decreased, or delayed. Each stage takes time, so we die off with unsolved claims. Not all cases require lawyers, but if you are owed any real back pay, it's probably worth it, because they are greedy, and the more you get the more they get. Any claim involving Agent Orange, large backpay, CUEs, malpractice, negligence are going to be challenged. Good luck.
-
2 hours ago, broncovet said:
Because they CAN. WE havent put enough pressure on elected officials to do anything about the VA "Kangaroo Court", aka the VAOIG. And, that is the only accountability for VA employees. They are not held accountable for bad service to Veterans, they can lie to us, and nothing is done. The VA votes with their dollars, and they are consistently given more money because the VA always has an answer to any criticism: WE need more money.
Congress gives it to them, the VA squanders it, as usual, and when Vets complain, the VA says again: We need more money.
One example is the Veterans choice program. Vets complained because of the long wait time, where many Vets died. Congress responded with another 8 billion or so of money for Veterans choice.
After VA got their money, the VASEC announced that most of that money would be used to fund a VA hosptial that was more than a billion in cost over runs, instead of Veterans choice. It was a perfect example of how VA makes sure any money goes to favorite contractors, VA exec bonuses, VA exec parties, but not to Veterans, and the VAOIG nods off and looks the other way.
Did you notice in the VAOIG reports they "make recommendations"? Well our police force does not "make recommendations" they arrest bad guys. VAOIG does not arrest bad guys because they are bad guys.
Yes, they make recommendations and that's about it. I don't know how many findings the VA received from 1972 to 2015, but in that 43 year period they spent only what it took to falsely withhold the absolute 100% documented evidence. Nothing on medical care even though I still carry a P-3 profile, 46 years after it was issued. Never saw a PEBLO, or real medical board.
Write and call the media.
victor
-
1 hour ago, MikeHunt said:
The RO is exactly as WellsFargo. All that matters is how many transactions you did. That's it- That's ALL you talk about at work. That's all your supervisor cares about.
If you make the supervisor look good, the supervisor can make your little transgression go away.
What can you do about it? Complain. As Bronco said:
'This is what they did to me.
When I complained to XXX, this is how they blew my concerns off.
Because of the response, I'm concerned they're doing this to other Veterans.
What are you going to do to rectify this?'
Write the president, write Secretary Shulkin, write the BVA (they have been under investigation too), write your State Veterans Commission, and revoke any POA from all VSOs. Make the VSO sign everything in front of you, and FAX everything. Accept no "we'll put it in the mail", because it tends to get lost very conveniently. Time is on their side, and they use it against you.
I don't think we have discovered the experiments that took place in the Mekong Delta either. Those gamma globulin injections caused a lot of illness and diseases, but that's covered up too. Vietnam Vets got screwed period, and the VA has the power to make it right, but no desire.
victor ray
-
How can the rating officers make completely false statements, and those overseeing those decisions answer to no one, totally unaccountable to anyone. They are "untouchable", and I no longer believe any of the regulations, UCMJ, or any other regulations. It is the biggest farce ever pulled on veterans, and one form after the other can continue for a lifetime, and sometimes does. I hate to have this attitude, but after what I have seen over the last three years, you realize that things are exactly as they appear to be. When you feel deceived, you are. When a file is missing, it was intentionally removed. When a record can't be found, it was destroyed. You are not imagining things, and you are not delusional, but you are being played for the suckers. Your research, documented illness, injury or disease, your evidence of occurring in service is useless if the VA doesn't want to man up. It will just lie, like the WACO, TX VARO, and finding an honest judge may be impossible. I have been told by the TX varo that the Army's own medical documents don't exist. I have them because they gave them to me after 46 years, but they don't exist if the VA doesn't want them to. I have learned a lot, had my eyes opened to some real truths about our governments employees and how low they willingly go, and what they will do. Fake news, fake UCMJ, fake regulations, fake laws basically describes the VA because it is not accountable. Those you believe in at that administration office will be the first to gut you, to deceive you, and make sure you are deprived of any benefit, truth, or justice. This is more of a statement than a question, and I have actually answered myself. Do yourself a favor and get a lawyer, not a VSO. They are sales people. Do sales people work for you or the product manufacturers? Go buy a new car and see how hard that salesman fights for you a lower price from his boss. Think about it. I don't need a response, I got it. Thanks.
victor ray
-
-
$35 million VA Lawsuit against the VA
in VA Disability Claims Research
Posted
I deleted this post, or it looked as though I did. I thought about it a couple hours and decided it was an ignorant thing to even ask. I have known since I was discharged. Sorry. Please delete this if you will, moderator. Thank you.
Victor Ray