cbpritchard

Does anyone have any tips about reaching some of these individuals I served with? They without a doubt have conversed with one another, it is my hypothesis they don't want to do a statement at this point do to legal ramifications. Does anyone know how long court martial records are kept? Who could I contact in order to potentially track down the soldier who actually did the crime in the first place?

Thanks for clearing that up.

The Lawyer I have contracted with is in the process of ordering and reviewing all my files. Just had a appointment with my VA practictioner and he said that it made sense , chemical intoxication normally affects three places commonly. Nervous system, Intestinal, Respitory - He even said it made very good sense how someone became symptomatic right afterwards. I have came to the initial conclusion that the "NCOs" who I made contact with have became afraid that they will be drug into some sort of legal mess if they do a buddy statement. They have been radio silent for a couple weeks now.

Also I filed for Chronic Sinusitis, Migraines, Severe GERD.

Berta, The incident is most defininatly my nexus, I never had any consistant medical issues before exposure. Nearly 4-6 weeks post exposure my life was completely different, been that way since only other issues have risen. I have the soldiers full name, as well as his wifes name. A friend who works side by side with a recruiter can't even locate him, I have already searched the Units facebook site, as well as the Military.com page for my former unit. He was without a doubt, a very very reclusive guy to begin with. The biggest problem IMO(will know more when lawyer gets C-file) is the fact the Military never focued on the chemical incident as being a factor in the conditions. Although while going through the medboard I seen 2 in service Drs, and a hand full of outside medical Drs. The outside medical doctors without a doubt contributed my dramatic sudden onset of symptoms to be directly related to direct chemical exposures. But the Army Docs, didn't and my med board and orignial VA compensation is based non related to the chemical. Due to the circumstances its like it is just hear-say that it even happened, which is where the buddy statements could come into the fold. So far those are easier said that done to get to! The diesel fuel enough is harmful, but this fuel was sabotaged with drysweep which is made to absorb other fuilds, kerosine, and paint thinner. Was suppose to be fully emptyed from vehicles tank before I touched it but was not, and we were orderd to work on it. I remember it like it was yesterday, otheres however its still fuzzy.

Good evening everyone! So I am asking for tips and advice from you fine people regarding obtaining "buddy statements" regarding a incident that happened while I was active duty. Long story short, we were visiting NTC in fall of 2004 when I was involved in a chemical spill that included diesel fuel which had been contaminatd with dry sweep, paint thinner, and kerosine. Anyways due to reasons I did not know my team was ordered to have the vehicle up and running for the 2 weeks in, I was the one went under and like I said kind of a long story. When the incident occurred there were three soldiers present, myself a NCO from vehicles squad and a squad member to help me. It was aprox 4 to 6 weeks post incident that I began having the start of medical problems. My unit deployed, and I was put on rear D for treatment and subseqently medically discharged. I was young and did not have the knowledge then to press for statements by those in my team about the vehicle. I have located 4 of my team members from that trip to NTC, 2 of them are NCO's and have told me they would give a buddy statement the other two apparently don't use facebook much . But I asked him to simply not lie, I don't need anything but the truth from these folks, but 2 months after incident they were deploying so it is blurry. I have not recieved anything from either of the two, but hopefully if i press slightly they will send it. The soldier who witnessed me under the fuel tank when it blew(depressurized) is no where to be found. What could I do to try and find this guy? Thanks for any and all help.

Without a doubt I agree with the DRO, and RO comments. I remember my RO well the lady who did my C&P exam, man she was a tough cookie. From the get go I felt she never heard a word I was saying, I remember telling her that she could go to the private records of pharmaceutical records and make notation of how many times I am treated with a particular medication yearly. On my denial report, she answered the questioneer saying I did not recieve medication for treatment of condition over 4 weeks a year and right there in my private records it was clearly, clearly a yes answer. Anyways kind of switching gears here, my VSO she is cool very responsive on email but when I met with her I could see that she struggles with understanding appeals process. We briefly talked about an attorney who she mentioned was a wonderful lady. So longer story short, I spoke with the attorney, we spoke for nearly 1hr30mins about my accident. A few of you gentlemen and ladys have mentioned that its not about the money, im going to go clock into work in the morning, then the next. Thankfully im not in a position where I have to have this money, so I am not going to risk not having the most powerful new evidence and material I can for my appeal. I don't care if I ever see a dime, but there not going to tell me I do not suffer from this. When I get the attorneys contract, if its the 20% of backpack like she said then I will without a doubt sign. I have my work cut out for me, its too late fo rme to file a suit for the neglience by the unit and or the hazardous waste unit on Ft. Irwin and thats cool. I have already spoken to a couple of my NCO's, they agreed to write statements to go along with my appeal. They were not there when the accident happened, but they do recall the vehicle being sabotaged and me coming back to the tent with the fuel all over me. Thats a start, I have no clue how im going to find the soldier who was with me on site during the accident but I will not stop. Thanks for everyones help, by chance when it comes to those "buddy" statements what is the format of which is prefered?

Berta, Thanks for your responce, at this time I am unsure if the VO had all the records. I am working with my mother to obtain any and all records and info about medical history prior to joining the service. In regards to the buddy that was at the location of my incident, that itself is going to be a exciting ride! This soldier had only been in our unit for a month when we went to training, from what I heard after my departure he went to Infantry. I have located a few commrades from my service. Keeping my fingers crossed that they will assist me in locating this guy. Sometimes I feel as if some of the staff at the VA are opposed to leaning more on the side of a potential claim win than the other way. It may be in my interest to speak with an private ENT to get an opinion on adeniods complications related to chronic sinus disease. That may be more complelling than a family practicitioners opinion only.

Thanks for the info, and the advice. I assume that in a perfect senario I might have the evidence, and documentation to attempt the appeal by March, April at the latest. So would it be too early to do the NOD? The VSO mentioned that appeal cases take up to 5 years? On the SInusitis claim, they used specifically a surgical procedure I had in my early teens to remove my adnoids and toncils, citing prior sinus complications. I do know however the reasons for that surgery was not connected to sinus disease complications, I assume in order to provide new material for that appeal I need to first bring that to attention. I guess this starts a long journey!

Good afternoon everyone, So I wanted to do a quick update on this post. So at this point I have had a chance to view the full documentation of my denials, and my C-file is in the process of being sent to me. From the questioneer that the C&P examiner used to do my eval, I was able to identify a handfull of descrepancys already on her paper work that I have evidence where she did not answer the question completely, so that helps. As far as the "smoking gun" is concerned (relating to the accident at Ft. Irwin), my VSO told me that as in many cases its always a here say type deal. So many veterans are dealing with things that without a doubt happened to them, but they were never documented properly and they are lost. She mentioned to me, that if there was any other soldiers around when the incident took place that I need to attempt to locate and contact them, if I could get something in writing from them colaborating the accident that took place I would really be able to step the power of my appeal process up, as well as more options down the road. Thanks for everyones help, I still have tons of work to do but I have to admit I used alot of the info I read on this post in my appointment with the VSO.

Thank you for your response as well Flores. I assure you I am absorbing all information to the max. Merry Christmas to you and yours as well!

Thank you for your response, I'm going to have to do some research on the terminology. But I very much appreciate your help.

Good morning So let me begin by identifying the fact this is going to be similar to the post most new comers have, and I apologize if there is any inconvenience. At this time my anxiety is very high and I find myself so very unknowledgeable about what will happen in the short future. In July of this year I submitted three claims with my local VA representative, I had a C&P exam in September and was denied claim for all three aliments in November. The documents stated that there was evidence showing I suffered from all three complaints prior to my military service, 1. Severe Chronic Sinusitis 2. Acid Reflux 3. Chronic Sinus Migraines(Headaches). I DEP in the US Army in 2004 at the age of 19, I can only imagine the "evidence prior" was from the well established senior physician who did the pre basic exam asking questions such as " have you ever had heartburn". I had no coaching prior to that interview, no one told me that I may need to say certain things to avoid issues later in life. I was a young and healthy man, I could not slightly remember any doctors visits minus a issue with breaking my left finger at that age. I never had any allergy concerns, once and a while I would sneeze and as a young man that didn't know any better I probably told the examiner I had allergies (correlating) the sneezing or coughing. In November of 2004 my unit was dispatched to train in California, while rail heading our equipment to AZ, my unit was informed a vehicle in our company which was under my ward being a Humvee mechanic was sabotaged somewhere between KS and AZ. The initial information was the perp had been a decorated individual who came back and had issues with personal conduct which involved his court martialing. This vehicle was TC'ed by the NCO who testified in that CM, I suppose he thought by placing various unknown chemicals into that vehicle he could blow it up like in the movies. Anyways I was informed the vehicle had to be towed to CA from AZ, upon arrival I was ordered to take the fuel cell out and clean it due to it having to be used for training. "White Cell" we were told would be responsible for removing any contaminates in the cell before work would be done. When I was ordered to work on the tank, there was literally 6 inches of sand/mud caked on the cell and I had no choice being a PV3 but to begin working on this vehicle. When I unbolted the metal strap the half full cell fell from the mount snapping the lines and the system depressurized and blew fuel and whatever contamination was in the tank with it all over me from head to waist saturated. Now sorry for that long story, fact is there was never an investigation I flushed my eyes changed clothes and had to finish the job. The clothes I wore had to be thrown away due to giving other "soldiers" migraines in the tent. 3 weeks after the incident my world began to change. Honestly it has been absolute hell, some doctors though I was lying some didn't I was honorably discharged because I had so many health issues there was no way I could continue. The three claims I filed were complaints that started post the incident, no doctor I have spoken too seems to agree on the same reasons but I have without a doubt been treated for the three conditions numerous, and extremely numerous times from the VA and my local physician. I was told that I needed to speak with my VA doctor and my local doctor and have them put into writing how they feel I suffer from issues derived from the above conditions I claimed, I have had a lot of trouble getting the VA to understand this. They think I am trying to get the doctor to write how I should get a percentage for the conditions which is not the case. I simply need them to put how in their opinion from looking at my medical history from VA and Local that I suffer from those conditions. I know these conditions are not "normal" things people claim for and there tough to win, but without a doubt these three conditions change my life forever. I spend thousands of dollars treating them and have been ridiculed and suffered discrimination to no end, especially during the first 4 or 5 years post military of attempting to learn to live with my conditions. I'm not trying to get a pity card, I did not give up what others did and I will never take any more credit than I deserve but for them to deny me based on "prior evidence" and "no evidence post" is entirely unfair in my opinion and I intend to prove that. Any help and information is very appreciated.