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Victor Ray
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Posts posted by Victor Ray
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PTSD is still largely misunderstood, even by many doctors. Malaria or encephalitis can leave a person with symptoms of PTSD and so can the antimalarial drugs. I became permanently damaged in Vietnam, and the Army recognized this and issued a permanent profile P-3 after 3 weeks of hospitalization and just before being medivac'd out of country. I remained ill and continuously got worse all the time I was on duty, and the Army was aware of this all along, and lied about my treatment records, saying they had been lost, but they weren't. They are still withheld and always will be because more than likely I was part of an experiment. I went into a coma right after being discharged, from months of migraine headaches, fevers, eye aches, pharyngitis and testing positive for group A Streptococcus, Upper Respiratory Infections, an enlarged painful sensitive prostate and it felt like worms in my eyeballs for several years afterwards. I developed dozens of abdominal tumors, dead brain matter, cancers, blood coagulation problems, but the VA said I never complained while in the service. Who in their right mind can not understand that what they see in writing is nothing but complaints? Between incompetence and corruption, PTSD will remain misunderstood at the expense of the vet. Sorry about the rant, but 46 years later and I am still waiting for vindication. Secretary David Shulkin doesn't respond to emails and probably don't even read them. Good luck to all of you.
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1 hour ago, treysnonna said:
Victor Ray, we never got the docket number in the mail, we called the 202 D.C. Number and she told us the docket number. I'm looking for that number, I thought someone posted it in this thread.
Treysnonna,
Thank you for the information and I hope I am still here in 1400 days, but that's not likely. I am hoping that because of the length of my wait since my first filing(1983), and the VA lying about my illnesses and diagnosis', that it might go faster. Oh, it's not PC to say they lied, they misled me. I actually should have been medically retired in 1971 due to permanent defects, non deployability, never stabilizing, never recovering, never getting diagnosed. I hope your husband survived and received all the benefits he was entitled to, without having to appeal any further. It seems we all get teased little by little then die, and I'm not in a hurry to die, but I am in a hurry to see vindication while I am breathing. Encephalitis is being treated as PTSD, and that is not right. Encephalitis is passed down to the offspring. I hope you all are ok. Good luck.
Victor Ray
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On Thursday, March 16, 2017 at 0:34 PM, treysnonna said:
Chiefhouse00, you said you already filed a nod for increase in diabetes and nephropathy. Why would you file again for ckd? Am I missing something.? My husband filed his nod nov 12, has a docket 1502319. So you have a wait. I have sent in every lab with nephropathy, since he was diagnosed with stage 3 diabetic nephropathy.
Trays Nonna,
How did and when did your husband get a docket number? Just curious because I filed in January 2016, but never got a docket number. Thanks
Victor Ray
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54 minutes ago, paulcolrain said:
so i started this because i was trying to show that if you go for a DRO review you miss the Date for a BVA hearing Docet Number. now of course if you get a good response from the DRO review than cool but if not your 2 years behind the 8 ball now as i see it. IM DOING THE MATH AND,,, if you req in 2015 got in 2017 and still wondering... lets say you didnt do DRO. so in 2015 you would have requested a BVA hearing with all the same evidence. now we are in 2017 so you would be only like 1 year away from an adjudication or remand. now that being said,, if you dont like the dro hearing answer you still have to get i9 certified by BVA as the date you sign it after your DRO hearing so you will have an additional 4 years to wait. all need to remember.. just because you appeal that does NOT MEAN YOUR APPEAL DATE WITH THE BVA IS YOUR DOCKET DATE. YOUR DOCKET DATE IS THE DATE AFTER YOU CERTIFY YOUR I9/ SO YOU COULD APPEAL AT THE RO FOR 10 YEARS BUT WHEN YOU BRING IT TO THE BVA YOU ARE BRAND NEW.
Paul.
thats all way over my head. I was told a DRO could do the same as the BVA, but much sooner. It's like when you first file. A VSO may not even submit your claim like the St Louis DAV office did me, and DAV seems to order what benefits you receive. The VA may issue the benefit, but DAV seems to control what the VA issues.
Back to the point, a lawyer will hav much more interest and work much harder for you to get the Maximum benefit you are entitled to, THE FIRST TIME, where VSOs get all their money when they sign you up, and forget you exist after that. Then it takes a couple years to get you a little increase, then you hire an attorney. Now you have years wasted and are just now hiring someone that actually knows the rules.
I don't have any faith in the BVA, or myself to know how badly the VA screwed me, I just know they gave been doing it intentionally for 46 years, and an attorney can probably prove it. I should have hired one in the beginning, but I believed in the system, and could not believe anyone in their right mind couldn't see the obvious, but then again, I didn't understand how the gov. works. I'm learning. Thanks for explaining though.
Victor Ray
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11 minutes ago, allansc2005 said:
I requested a review in July 2015, and had my review on 12 January, 2017.
That should put me at about 5 months away, give or take. Thank you
i am bowing out of this thread. Again, I may have accidentally hijacked another vets quest? If so, please excuse us ignorant internet navigators. Sorry Brother. Good Luck!
Victor Ray
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5 hours ago, allansc2005 said:
Buck,
I'm a true testament of the DRO route.
They love it when the veteran comes in "locked and loaded" with records, medical records, C&P exams, past decision notices. And law cases that pertain to the case.
I took your advice and won my cases-CUE and IU on the spot!
Allan
2-2-0 HUAH!
How long did you wait allansc for the hearing? You are right. These examiners and raters are just roadblocks, and have the mentality of a cheating spouse. They love their mate in their own way, but won't stop the love affairs with others either. They don't consider the damage those affairs have on their spouse, because no one holds them accountable. The DROs may be the only accountable source of the VA. Did you wait years for your DRO?
Victor Ray
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5 hours ago, Buck52 said:
Victor , you should be hearing something soon for a time schedule on the DRO if your R.O. is Waco Tx?
if you never been to a RDO Review/Hearing...this is the time to let him know everything you mention to us everything so gather up your evidence and organize the best you can underline in hi-lite the probative evience in your medical records, Names of Dr;s that treated you.
it could be worth it to you to seek a private medical opinion , about all your contentions that would be military related likely as not' due to your military service...this needs to come from a qualified Dr In that field of medicine , the evidence you do have is over whelming and you should be approved for that, just let the DRO know all about how you been treated..and denied but present your evidence first and forehand. when you had the evidence right there in front of them..and you smell a CUE. not one but several.
Request your claims be expedited because of the years your claims have been under continue prosecution and also Request TDIU P&T go back to the correct date...(when you first filed for it) although if this DRO knows what he is doing you could get the date further back than that when your disability first arose and manifested.
Be well mannered at your DRO Hearing and if you get emotional thats ok to do that...they understand the stress you been under.
JMO
If you get a good DRO that will be open and listen and read your evidence...> you will Win.
Buck.
my VARO is St. Louis, but after being in the NWQ for months just sitting there, my claim went to Atlanta GA, it for a good while, it then went to Nebraska for a while, then went to Texas for a short time, where they maintain I never complained, never had an illness, disease or injury, or any kind of treatment or diagnosis while in the service.
After that decision, I called the lady I have been working with and she sais she was putting me back in the system for reconsideration.
i have requested my claims be expedited, but I am not homeless, will no lose my home, am not broke financially, and doctors have no told me I am terminally ill yet, so it is wait and wait. How long has others had to wait for their DRO on an average?
Victor Ray
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2 hours ago, allansc2005 said:
Statistics have shown that your odds of winning your case are in your favor when you allow the LEAST number of people deciding your case.
In other words, a DRO versus BVA.
It worked for me, and many others I had first hand knowledge of.
2-2-0 HUAH!
allansc
I am waiting on a DRO now, since Jan 2016, 14 months now. It was suppose to be an average wait of 310 days, but that went by 3-4 months ago. Thank you.
Victor Ray
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1 hour ago, Buck52 said:
Victor
According to Attorney Chris Attig (VLB)
Theres no such thing as Reconsideration during the claims process
“The VA issued a ratings decision in my case. Before I appeal, I want to request reconsideration of the decision. Should I do this? If so, how do I do it?”
The quick answer is this: There is no such thing in the VA claims process known as “reconsideration of a VA ratings decision.”
If you get a VA ratings decision that you feel is in error — in any of what I call the “four pillars” of a VA claim — you have only two options:
File a notice of disagreement with or without a request for a decision review officer review expressing dissatisfaction with the decision and your intent to appeal it to the Board of Veterans Appeals.
Abandon your claim.'' now of course we don't suggest you abandon your claim.
source: Chris Attig
Buck.
There is something to this, so please hear me out. Maybe the VA knows I am right in my claim and is just giving me a little at a time, but this has happened in my first claim, that was filed after my 1983 denial. I was awarded 30% PTSD and 10%IHD. I called and complained at the low ball award when it should have been 100% back to 1971. They said they would reopen my claims "for reconsideration". I didn't do anything but wait, and it took about 7 months, but it was increased to 30 and 30 which was 50%. Maybe after 45 years of getting screwed, and the VA not spending 1 cent for any medicine, medical care with doctors and hospitals and me paying thousands and thousands in premiums for service related illness and injuries, someone may be finally listening now that life is just about over. No one believes I had a chloroquine reaction for a month initially and all the following illnesses, especially t being documented by the Army. I had 24 tumors removed from the intestines, that were not hereditary. I qualified for testing for just $100 because I had so many, and I guess a record, and they were environmentally acquired, not hereditary. That alone should make the VA go hmmmm. I know they have done their own investigation for records, whether they admit it or not.
I know I am on a certain list, and have been told so. Maybe I am special, lol. No, no way. I am abused and ignored if anything, but I think there is reconsiderations, but may only apply when the VA knows the veteran is right.
Victor Ray
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6 hours ago, Buck52 said:
Welcome to the VA Claim process so get your mind in the right thought process and be ready for a denial and be prepared for it...be ready to fight for your benefit's like most of us have to do.
If you get denied first time around or any round always Appeal it never let them win, a lot of the claims depend on what type claim it is, if you have straight forward evidence in black & white and Dr' opinion in your favor file that claim and fight for it its your right to fight for your benefit's(we should not need to do this but) just saying.
I have notice when a veteran has a long drawn out claim and tons of paper work submitted I believe just my opinion this is when the Raters DRO's and even the C&P Examiner don't read all of it and some parts of your evidence is crucial for a approval decision (obviously)....& you get ''denied''.you can still appeal but when you file a claim get the evidence that will be directly beneficial to your claim and file that and try to keep it short as you can, especially if your filing more than one claim.
when the raters have a well prepared claim in front of them and its all organized and paged numbered (see page # 2 see Dr Smith Letter ect,,ect,, this makes it a lot better for the rater and usually you will be approved (usually) not always but your chances are a lot better for an approval.
(The Heart of your claim is Medical Evidence)
We can't do anything about them not reading our evidence or the main part of it for an approval,so Appeal it if denied b/c we can still use that evidence if they don't read it that means it was not used in the decision so always remember that.
It should not take as long to adjuicate a claim like it does and hopefully this new Administration will do something about it...if enough veterans complain about the way were treated and the backlog of Claims to the New VA Secretary maybe things will start to change at the VA.
if your denied for whatever reason Always Appeal ....you will win eventually time is our only enemy.
jmo
Buck.
I was told not to appeal that last decision because she (VA employee) was putting me in for reconsideration. That made sense, but I don't know? I have a year from Jan 2017, if I am still here, and I will get an attorney before then, depending on the reconsideration.
Victor Ray
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7 hours ago, allansc2005 said:
Same here, but it was worth it. Face-to-face with review officer netted me an on the spot approval for a CUE as well as IU.
L, allansc, and Buck.
Claire McCaskills office did nothing, but I was sent to her by Richard Blumenthal Ranking Member, but it was a waste of time, and they could not get my records either. The VFW and DAV could not get them, so the FOIA Requests are useless. They are paper jokes.
I have been waiting on a face to face DRO since Jan 16 2016, with no date in sight.
victor ray
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I found out the hard way, that everything said here is correct. I thought it was mainly me, but I see that it is the corrupt administration having the view that every illness, disease, or injury that is not the direct result of a projectile piercing the body, disabling some or all of the body from close to normal function, is not a disability at all. Illness, disease, and injuries are due to carelessness, lack of hygiene, or wreckless behavior,mane all were avoidable in the VAs eyes.
I think I have more than enough hard black and white evidence on paper, documented by the governments own medical officers and doctors in Command of the largest Army hospital we had overseas testifying that I had acquired permanent defects restricting my ability to perform from now on and forever, and yet totally denied.
YES, my records have intentionally been withheld. I was being deceived before even getting honorably discharged, and I am sure the Army and VA knew at least in the 60s that Agent Orange was making us sick, especially us in the Delta, because it was affecting entire military operations.
I believe any judge that is not corrupt to the bone would agree with my my claims, and that the Army/VA covered up my exposure, nearly dying 2 months after ETS from migraines I had been complaining about for months and months. They are still hiding those records, and gave me no mention of medical records when I got out. It took 45 years to get them.
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7 hours ago, Buck52 said:
Victor
I am not sure you have requested your C-FILE if not please do so or do so again!
I'm sure you have but keep requesting it bug the hell out of'em
Not sure you have tried this but have you tried to contact all the VA Hospitals you been in for treatment? even the private sector they keep medical records so its something you might try... be worth a shot
I Think my old unit when I was in Nam is non-existing now or defunt but the 24th Evac Hospital that was in Long Binh maybe serving in another country or back in the USA ??...you may try a google search, they possible could still have some of your medical records if you can locate them??
http://www.24thevacuationhospital.org/
Here is some other presumptions for A.O Service Connection & how the presumption works to including how 1151 TORT claims can be filed
Presumptive Service Connection
The third way to be found service-connected is by statutory presumption. Over the years, statutes were made that that find certain conditions for certain veterans to be presumed service-connected. It should be noted that a veteran must have served a minimum of 90 days to qualify for presumptive service connection.
If a chronic disease manifests itself within the first year of leaving service it can be presumed service-connected. This presumption can be overcome if it is shown that there was another cause for the condition between the time the veteran left service and the onset of the disease. It should also be noted here, that certain diseases have a longer presumptive period than the one-year. One such medical condition is multiple sclerosis if this condition manifest itself within seven years it is presumptively service-connected.
There is also statutory presumptions for POWs for certain medical conditions, Persian Gulf Veterans for certain medical conditions or symptoms, veterans exposed to radiation for certain medical conditions, and veterans exposed to Agent Orange for certain medical conditions. Specific discussion of all these statutory presumptions is beyond the scope of this article since each one would require ar Secondary Service Connection
The fourth way a veteran can be found service-connected is called secondary service connection. If a service-connected medical condition caused or aggravated another claimed medical condition than the claimed medical condition is service-connected also. It must be shown by medical evidence that it is "at least as likely as not" that the medical condition for which the veteran is seeking service connection was caused or aggravated by an already service-connected condition. For example, if a veteran is service-connected for diabetes and as a result of the diabetes the veteran suffers from peripheral neuropathy and the veteran can show the peripheral neuropathy is a result of his service-connected diabetes than he would be secondarily service-connected for the peripheral neuropathy. In these types of claims, it is almost always a good idea to get a doctor's opinion letter on the issue. These types of claims can often be quite difficult and normally require a strong and detailed opinion letter from your doctor after he has reviewed your record and examined you.
1151 Claims and VA Federal Tort
The fifth way a veteran can be found service-connected is if the medical condition was proximately caused by VA medical care. This is often called at 1151 claim. To be service-connected in this type of claim it must be shown that there was fault or accident by the VA that caused the disability. It is significant to note here that if the VA acted negligently the veteran may also want to file a Federal tort claim. These types of claims can be extremely complex. You should consider getting help from a lawyer in this type of claim. And if you plan to file a Federal tort claim against the VA then you will almost certainly want to hire a lawyer for that claim. Many VA lawyers do not handle Federal tort claim cases so you may have to seek two separate lawyers in this situation. You can ask a VA lawyer and if they do not handle federal tort claims, they will probably know a lawyer that does.
This information about different methods of service connection for VA compensation claims and the explanation of nexus to prove disability is general information and not a substitute for speaking with a lawyer about your claim.
Victor some times writing out a good lay statement from the veteran helps, when a veteran can't get access of his military medical records then the veteran can sure put in his 2 cents worth as to how does the VA EXPECT him to prove his case.
I think an email to the VA Secretary is in order here.
Buck.
I have another 20 requests I have made in my own form of written letter and FOIA Requests. I am just posting a few for now. I have been put in for reconsideration, and cancelled the attorney appt., hoping in this last consideration it gets to someone that can read and understand. This is the last chance for the VA to come clean, and the next step is make some real noise. I did write the Secretary, and may write a parer explanation with some documents enclosed. I will be back later, and thank you very much.
Victor Ray
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12 hours ago, Berta said:
I am so glad you have an attorney Victor Ray....because good vet attorneys can wade through the VA BS.
They pulled the lost and found stuff on me and Many others here...and all we need to do is to stay healthy enough to fight back. Time is our biggest enemy.
Thanks for emailing the Secretary as well..... he wasn't hired to change the VA but instead to Reform it.
I sure hope he does just that for all of you!
Berta.
Thank you, but I actually cancelled that appointment. It is downtown and in the VFW Headquarters, so I got paranoid because I don't trust any one even remotely associated with VSOs.
I may advertise for an attorney in the news paper, I don't know, but I need a super lawyer, the best. I want this to go as public as possible and reach as many agencies as possible, and maybe Secretary Shulkin may get wind of it, and expose the St. Louis Mo, Kansas City Mo, Atlanta GA, and Waco Texas raters for falsely stating the facts, and the VA for hiding my evidence for 45 years, when I may have been helped and treated, if I had been monitored. The VA knew my history of hospitalization in Vietnam, and I believe the VA intentionally withheld my treatment records basicaly all my life after Vietnam.
i will get an attirney though because the VA has demonstrated time after time they have no intention of making anything right about any of the lies it put on paper in this last decision from Texas. Honesty is something that has to be forced on them because they are not here to do the honest or right thing. Raters are in the destroy lives business, and i hope every one of them pay.
Sorry for not following through yet, but I will, and if the Secretary dont want to hear, i will go elsewhere. He works for the VA, not me, so i dont know. Thanks again Berta.
Victor Ray
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3 hours ago, 8up4life said:
The VARO and VAMC are the gate keepers to your benefits and you will not prevail there. They are a self serving TAX funded ponzi scheme.
Get your stuff to BVA, the sooner the better!
8up4life.
i have no faith in them either. I believe some of us were Guine Pigs, and never suppose to live this long, and never accounted on having us apply for benefits. They denied us proper treatment after being released from the hospitals, denied us service connection when we found out what was killing us and making us ill, and "hid our own medical records from us" to keep any public doctors or medical people from knowing about dioxin exposure, ingestion, or consumption. We were experimented on, and there is no other reason for hiding our medical records all our lives. They picked through mine taking out incriminating evidence, and have made getting any of them almost impossible. They are part of the BVA aren't they? Besides, I don't have years to wait and they know it. I don't believe or have any faith in any one at the VA or the dirty VSOs. They are the scum of this system, ranking just below the raters in honesty. The St Louis DAV are the real slime, and the more they screw the vets the higher up the VAs payroll they go.
Thank you though 8up. I appreciate the advice, and I would go to the BVA if I could but I am lost, have been lied to by those that were supposed to help me, and my record evidence means nothing.
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15 hours ago, Buck52 said:
All boots on the ground Vietnam Vets use the A.O. Presumption Rule.or suppose to be able too!
As for as not having your Vietnam service on DD-214 if you can get any Buddy statements from your old Vietnam unit or units you served with will be proof you were in Vietnam Morning reports any certifications, awards CIB ANY TYPE OF CERTIFICATES/RIBBONS YOU MAY HAVE COMBAT PAY VOUCHERS ANYTHING THAT PUTS YOU IN VIETNAM.
Can you put on here the reason they denied you? you may have already did that?
Victor Ray,An experienced Attorney is best for you at this point, you might need to get an IMO/IME but they are well worth it, you present what records you do have and that letter from the VA,''saying they would not release the records from June 1971 to January 1972, and they would show the migraine headaches, which is now a 13x5mm hypodensity in the brain white matter, and have had at least 2 strokes that are documented. I am 100% blocked in my left carotid artery too, and I believe there is evidence in those records. I was told I was part of an experiment, but blew it off,''
Show this to the IMO/IME Dr and of course the Attorney
There's is no reason for the VA NOT to release all and any medical records they have on you. no matter what.
Failure to assist.
Failure to use the VCAA Act of 2000 &numerous other citations committed by the VA (CUE written all over them) jmo
Ask the attorney to get you all and everything possible from the VA as for as your benefits and also your case could very well have some CUE 's along the way.
Don't let the Attorney Drag his/her feet be up front with them if its payment they seek then find another Attorney they get paid by the VA when they win but make sure who ever you pick for your Attorney has you as his No. One Priority and not in it for the $$$...they will get their $$
Also Request your claims be expedited B/C of the length of time your claims have been under CONTINUED prosecution and your Age ...you Request the expedition on your claims.
Priority of Processing of Claims ,There are some statues that state about the processing of claims (Expedition of Claims)
UNDER M21-1 PartIII Subpart ii when veteran is terminally ill or age 85 The only thing is if the veteran has been receiving benefits then this may not BE A PRIORITY?? they don't really make this part clear ,this is why an attorney could help you. Note: they made changes to this April 6th 2015
Read the M21-1 Part III Subpart ii ''Priority Processing of Claims'' It has some good information and I believe you follow under these guide lines as Terminally Ill.
You could email Secretary of VA all about this.....were all not sure how he will respond but if President Trump gets word on how the VA has treated you I'm sure he will intervene matter fact make the emails CC to each other.
This would probably be your fastest way but check with your Attorney first but its truly your call.
Maybe things will get better for you after checking with some cardio Dr's
I wish you the Best Victor.
Take Care of your self Buddy
other members please feel free to chime in here Ms berta, Asknod, Gastone, Broncovet.
Buck.
thank you for the great advice as always. All of you, Ms Berta, Asknod, Gastone, Broncovet, and everyone else that pitched in. It is all greatly appreciated.
I will read the M21-series and have read some, but DAV in St. Louis told me the days of Vietnam Veterans claims having priority are gone, and the doctors have not said I am terminal, but I haven't asked either. Dreading that day, but I will see if I fall under the rules.
DAV in Kansas City said there was no duty to assist in 1983 (my initial claim).
I have specifically asked for pay vouchers, morning reports, travel orders, unit assignments, but didn't get anywhere, but it gets one address after another. I need to write some others like the finance dept.
i was issued the RVN Service Medal, and DD214 does show service in country, but I think I was caught up in the AO Exposure cover up. They looked at my P-3 profile "only", and made the decision before receiving my treatment records, but they said I had urticaria, rashes, papular rashes, swelling, large weals, lesions, eruptions, bone pain, abdominal cramping, heart rate 60-90, swollen arms, ankles, leg pain, mosquito bites, flexural Atopic Dermatitis, and it got worse and worse with every defect listed under the "P" in "PULHES" on DA3349, but did nut use the word "CHLORACNE", so I was denied. The 1983 fee based examiner for the VA also determined "atopic dermatitis", the same as on May 26, 1971 at the 24th Evacuation Hospital, Long Binh, Vietnam.
The VA has always hidden my records. Always! They have them. They just won't let me have a copy. They say they may harm someone else, they have not been located, they may be going to release them after my DRO, which is well past a year now, but that is a maybe. They may have them and may release them.
I don't believe they should be holding them either, but those FOIA Requests are about as useless as most of the regulations that are so craftily written. They are impressive to hear, but the VA has reduced them to meaningless rhetoric. The UCMJ and CFR are all laws used against the veteran, and the vet does not win a tie. It gets remanded, reopened, or some other "re" until we die and survivors are lost.
They do what they damn well please, and I have no faith in such a corrupt system, it's corrupt leaders, corrupt rating officers, corrupt examiners, corrupt employees. The whole system is corrupt to the core, and everything that they put out is meaningless and hopelessly deceiving.
I am glad you all are here to help veterans, because the VA isnt. They are untrustworthy, deceitful, and responsible for the phony backlog. Nothing they say is believable because they change lies daily. I am just rambling on now, but I know the VA is lying about knowing dioxin alters DNA just like it knew dioxin is was killing us 50 years ago, bit chose to let us die and hid our treatment records in hopes of speeding up the process so we couldn't collect any benefit for damage from their experiments they did on us, the chemicals they used, or any other desire they have to use us Guinea Pigs for.
I am sorry for feeling so bitter, and I won't comment anymore, at least when I am upset. I guess I have been in shock the last 46 years, not being able to understand how people do what they do and not be bothered. It seems that lying comes very easy to the VA, and is the most desired trait of all. Thanks for being here though, and giving some people hope. It is all some vets have, and all the VA is going to give too.
Victor Ray
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Berta.
if you are talking to me, which I think you are, I finally have most of my records, but the VA said they were withholding some also, and would not release them. All those from Japan, and about 7 months following my hospital stay there. I was issued the Vietnam Service Medal , but i don't think they are now questioning my Vietnam service. They "do"concede agent orange exposure, and service connected me for IHD at 30% and 50% for PTSD, but ignore all the documents and evidence showing the nexus from service conditions and current conditions.
So far, they have intentionally avoided making eye contact with the information on the documents. They take them and lay them on the desk without viewing them. That way they can say they never saw this or that, like little kids would do, using a play on words. Childish bull and political correctness. No, they did not view the documents in my presence, but are they accessible by the examiners?
I am going to make about 20 copies of the documented evidence and send them to various agencies, government individuals, and news agencies for review and opinions, along with the VAs reasons for denials, and let them know I am looking for the best representation possible. I believe this is a malicious "INTENTIONAL CUE", with zero regard for my well being. The medical board proceedings are missing also, and that was held right there on base, so they were intentionally destroyed or withheld to make everything as impossible and hard as they could. Thank you Berta, for great information.
Victor Ray
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Berta and Buck.
i certainly appreciate the help you all give freely un unselfishly all the time. This is a welcome sight compared to others where they talk down to you and act as though they are themselves raters, which some of them are.
i have written Secretary Shulkin, and hope he got it at David.Shulkin@va.gov, and told him the VA has said they will not release certain documents per Chapter 5 and Chapter 6 of FOIA.
It "does" show service in Vietnam on my DD214, and apparently my records were never lost in the first place. DOD or the VA called me a couple years ago and asked me why I wanted those records point blank and a matter of factly, but he had a very unique voice I would recognize years later. I said because there was medical information and other evidence that I may need in the future. I though it was odd that they would call and ask why I wanted them.
The NARA is where I did finally get the treatment records from, but I got some from all sources, the VA, NPRC, real sporadic. They said they had them, then they didn't, then they were returned back to them, and it is all suspicious. I never received any pay records, morning reports, but I finally got the inpatient treatment records showing physically being there and treated, contrary to what the VA says.
I am supposedly put in for a reconsideration, but I will still see the Attorney tomorrow. Depending on the outcome with the VA in the next week ot two, I will know what I need to do. I will keep you posted and will use your advice. You guys have been great thank you Buck, and thank you Berta.
Victor Ray
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Buck.
Thank you for the encouraging words of patience, and it seems I have pretty much done about the same as you.
I started trying to get my records before I was discharged. After the Army said they wer lost and it was time for me to get out, I had no proof of being in Vietnam, Japan, or being even being hospitalized in country. They didn't give me anything except traveling orders home and a DD214.
The VFW and myself requested all my C-File, 201 file, and all medical records in 1983. I never got any. I started requesting again in 2012, 5 years ago. I finally got some about 10 months ago after 20+ FOIA Requests. I have the requests going back to February 1972, but just got some of them last spring. Why did it take 45 years and dozens of requests? I got a letter from the VA saying they would not release the records from June 1971 to January 1972, and they would show the migraine headaches, which is now a 13x5mm hypodensity in the brain white matter, and have had at least 2 strokes that are documented. I am 100% blocked in my left carotid artery too, and I believe there is evidence in those records. I was told I was part of an experiment, but blew it off, but now I wonder.
i am at lifes end now, and every day I weak up is a thrill. I will not live years, and am past due for a hard cardiac event, but hope to have a year ot possibly two. I have hope, but not much. I lost faith in the system when I was denied in 1983, when I couldnt get a single document. They were covering up Agent Orange Residuals even then, and the last three years of hope and looking for that day my life would change are about done.
I go talk to a lawyer Tuesday, and am going to ask him for the moon, and the solar system, because they have purposely made this a long and unnecessarily devastating event, withholding medical evidence maliciously causing an early death, suffering, and anything he can get for my family after I am gone. My kids, grand kids and their kids too. I am like you and have ""HADIT"". Thanks Buck
Victor Ray
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36 minutes ago, Buck52 said:
Its better to file FDC claim on the 21-526ez
jmod
DAV did that in July 2014. I called Ebenefits to check my claim status the middle of Nov. and It wasn't even in the system yet. It wasn't even scanned into the system yet. Everything about DAV sucked from day 1 followed by lies and deception. DAV is the dirty arm of the VA, and are here to make sure you get as little benefit as possible. They are here to screw you over and are the scum of the VSO phonies. Six digit salaries, bonuses, bonuses, bonuses, and in bed with the VBA. The whole VA is completely corrupt, and are licensed to lie as much as it wants to make sure you die before getting the truth or honest treatment. It disgusts me. Sorry for the bad attitude, but the VA has destroyed too many lives intentionally, and the idiots in Texas have to be totally illeterate, or have had the evidence destroyed, and they never saw it. St. Louis is corrupt, Atlanta GA is corrupt, Kansas City totally corrupt, Nebraska corrupt. This whole benefit system is totally corrupt, just the way it is designed to be.
victor
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Buck.
That's exactly what I am getting at. If they do this to every veteran, which they pretty much do from what I see, vets are continuously getting screwed over. There is no penalty for the VA doing anything it wants, screwing anyone it wants for as long as it wants. Every veteran should skip any VSO and go straight to an attorney from active duty. VSOs are worthless. The veteran gets screwed 100% of the time. They may accept the outcome, and may even be happy with it, but they are getting screwed anyway you look at. That's the VAs thank you. Pretty much a big F. U., and it is 100% intentional, telling me I never complained, was never treated, never diagnosed, with any illness, disease, or injury, when I was hospitalized in Vietnam for a month, and then say there is no record of, when I have them really makes me sick that there is such pure corruption in every VA facility in the United States, and in every department of Justice in every office in the government, especially the Veterans Benefit Administration, the Veterans Health Administration. Filth runs the VA.
Victor Ray
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Buck.
Todays dollars will buy much more than it will 5 years from now, plus interest. I filed in 1983 which was supposed to go back to April 1972 or June 1971 when I was evacuated out of Vietnam. If I win, and they went back 46 years at 100%, would they pay in today's 100% dollars? $3000 for each month or $800, or what ever it was then? Would they pay 46 years of interest too? That sat on my records for 45 years with me receiving $0 C & P and not paying one cent for medicine, hospitalization or doctors visits, or any medical care or insurance premiums at all. I think they saved a lot, and when they only SC you say 10% for hearing, and denied IHD even though you were in Vietnam, they save again, because the 4 bypasses performed were paid for by the employer and personal insurance and the vet himself. David Shulkin said a vet had been waiting over 30 years for a decision because he keeps submitting pieces of evidence and they keep starting him over from the beginning, which is bull. How long do they go without receiving evidence before they make a decision? Can they not rate the claim for what it is up to the point they received more evidence? A person that never served at all gets his claim looked at exactly like he is a highly decorated Vietnam Veteran, according to DAV. I think it is the most pitiful design and any high school student could improve it. Mine went to four states over 8/9 month period when in the NWQ. They are always looking for a loop hole to deny you benefits, and we do not get the benefit of doubt, IMHO... Victor Ray
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I think too that sometimes they are told to just give the vet a little increase in rating and make him file a NOD. Several times like that and they are dead and we saved a bunch of money and work. When the facts get to the right person without being destroyed, magically, a correct decision is made.
Victor Ray
Veterans "gaming" the system for PTSD claims?
in PTSD Post Traumatic Stress Disorder Claims
Posted
Dr. Varney was absolutely 100% spot on and absolutely correct, but the VA doctors naturally dismissed his research and findings. His research has the only acceptable findings, making the others look like child's play. Why? Why is the truth becoming public fought so hard? If Secretary Shulkin read my records, he would fire the rating officers.