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Flatbroke

First Class Petty Officer
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Everything posted by Flatbroke

  1. Here and accounted for. Leaving in two weeks for Madison for the lung transplant. We are getting everything lined up, auto pays, horses, kids are going to stay in our house because the water pipes are broke in theirs. Doctors say one lung and I can't wait. Get rid of these oxygen tanks that I have carried around for 4 years. Maybe now I can start to enjoy time with my family while I can.
  2. Flatbroke still here. Had a scare this week. Had to go to Columbia, MO Monday. Thought that I might be headed to Madison for the lung transplant. After x-rays and PFT found out I had pneumonia and was given good antibiotics and already starting to feel and breath better. Happy New Year to all.
  3. Just back from Madison, my "numbers" have not changed in six months, so I am still good to go. When my numbers go down or crash I will go in for Lung Transplant. Until then live the good life with people who love you.
  4. Flatbroke, still here and sitting on my back porch drinking coffee and watching the deer in my pasture.
  5. Busy weekend and lots of company. 4 wheeling, BBQ, and messing with the horses.
  6. Hope this is in the right Forum My attorney just emailed me an article in a news letter he receives. The article is in the "Missouri Lawyers Weekly" issue July 29, 2013. It is about an attorney working Pro Bono for a Missouri Navy veteran (blue water) that had written a letter to his Missouri congressman back in 1983 and which functioned as acclaim. The attorney managed to get the veteran back pay to 1983 for his back. Then with the help of a scientist managed to prove that the plumes from the Mekong River surrounded the Perry and the throat cancer the vet suffered from, was AO connected and in total got the veteran $250,000.00. And remember the attorney was working Pro Bono. The vet got it all. I would include copies from the article but they are awful dark. You might be able to pull the newsletter up and read it online. If this helps one more Vet Good if it helps a whole ship load GREAT. FlatBroke Semper Fi
  7. Still here, resting and preparing to go again
  8. Here and still taking my time buying a newer vehicle.
  9. Thanks all The money hit the bank, now to settle down and enjoy life for a while. Maybe even go fishing.
  10. The brown envelope has arrived. Butchc130 you were correct they dated me back to July of 2011. No money in the bank yet but its coming. They raised my feet to 30% even though I did not ask for that and then said that my claim for IU was moot since I am now rated at 100%. And the verifications on Ebenifits says my disability is considered permanent and I and not scheduled for future examinations. Both our vehicles are thirteen years old. So not a new one but maybe 2008 to 2010 if we can find a decent car and truck (in Missouri a truck is a necessity on the farm). Thanks to all for the advise and help and just reading posts to get info. I filed without a VSO or attorney just from what I got on HADIT.
  11. Thanks all for the support and help along the way. Just checked payment history and nothing yet. I know it will get here but the waiting sometimes is just as hard I think.
  12. Ebenifits says 100% and Peggy hints yes but waiting on Brown Envelope. AB8 letter states back to 12-1-2012 even though my claim was filed May of 2011. Waiting to see what letter says.
  13. Still here Still counting
  14. Well got my answer today from the Federal Appeals Court and it wernt good. They decided that they, the Appeals Court did not have Jurisdiction to decide my case. So my case was dismissed. Case 12-7136 Document 43-2 dated 5/22/2013 My attorneys said that they are not going to quit unless I want to and I aint quitting. Only three pages so short read. So ticked off I cant see straight. Going to go cool off for awhile.
  15. Flatbroke

    May Roll Call

    Flatbroke here, Been busy- we buried my mother in law on the second. She had lung cancer, and a couple of other conditions. Then my attorneys had my hearing in Washington D.C. Waiting on the Judges to make their decision. And my wife's mare (notice I said my wife's mare) is going to foal in the next few days so I just noticed I had not paid attention to the roll call. I know push ups forever.
  16. Berta, Filing in U.S. Federal Court of Appeals in DC on CAVC decision upholding BVA decision. I dont remember "without prejudice" on any SOC. I talked to my attorney last nite and he is arguing another case today but will be on this tomorrow. He did glance on what I copied and sent to him on you CUE win. I sent him the link Broncovet sent and I will send him the info on the SVR radio show and let him listen to it. Thanks very much I hope to win this one. Along with everything else at 1 o'clock this mornung someone tried to sipon gas out of my truck, couldn'y sipon so they put a hole in the tank. Thats when the motion lite went on and we saw it. By the time we could get out there they were gone and gas running out on the ground. We got a bucket and saved about 11 gallons out of about 19. Well now I got to float a another loan to refill the tank after I get it patched.
  17. Thanks Broncovet, I sent this link to my attorney andhe will look into it. I have been away from the computer today and will be often as my mother-in-law has lung cancer that has spread to kidneys, liver, ovaries and other places. She is going down hill and I have to go to madision, Wisconson for my pulmanary doctors and keep up with my wife and mother-in-law. Life is as it is and you can accept it and keep trucking or sit down, curl up into a ball and quit. I choose not to quit and never will and am looking for a big diesel.
  18. Berta, Thats it, my attorneys have been reserching old cases and outcomes, good or bad. Also information I have been sending on from Hadit about cases like mine and others. My attorneys are very happy to get this information. One of the things in the 1995 filing was the VA sent me a letter stating they had requested my files from all the places I had been treated in the VA system. They stated that there was no response and that if there was no response in 30 days they would have to made a decision on what they had. I sent them a NICE? letter and explained to them that the reason that they were remanded in the first place was because they had made decisions without all evidence in front of them. I also stated that if they did not have the medical records in 30 days let me know and I would send them copies because I had them. The St.Louis office did not contact me and made a decision back to the BVA and I heard from the BVA I was denied. As to the the original, the VA had the Military Medical records in thier hot little hands after the first claim in 1970 but in writing said that they did not have my records when the first decision was made but the evidence "typed in and wrote in by the physican" that I had spondilisis would not change the raters decision. II've said enough for now any questions you can send me an email. Flatbroke That there was not a benifet of the doubt in this point. Except after the IMO by my DR in 2004 the hearing judge stated the preponderance of evedince gave me the benifet of the doubt according to my MILITARY MEDICAL records and VA medical records. If that was true in 2004 the why not in 1970 when all the VA did was xray, exam and decided I had no claim? My attorneys are in contact with an attorney that has a lot of experiance with VA claims and he said my case looked very good. My case is going to be at the U.S. Federal Court of Appeals in Washington, D.C. on May 8th.
  19. Broncovet, I just called my attorney and left him a message about item 3 and then looked at it myself. HOTDOGS looks like something my attorneys can use.
  20. Carlie, I sent to my attorney yesterday afternoon the info on 38CFR 3.156 c. He was checking his emails after supper last night and said he would check into it this morning. He is a junior partner and working with my attorney (a senior partner) that has been on my case since 1995 and is realy getting into this. He is real eager and from what I have seen he is a real go getter and every time I or someone from Hadit notes something I email him. I got him checking out the forums on Hadit and he thinks what the veterns are doing for each other is great. As to the date that the awarded me in 2001 they said that was when I refiled. That is after they had said my filing in april 1970 and refiling with new evidence (which we realy had to fight for ) in 1995 was not acceptable for what ever reason. My attorneys have all the copies of my c-file I do know in 2001 I saw my c files at the RO in ST Louis and both folders were 4 inches thick and they were working on the next one. If they would just give us what we deserve and not keep screwing us around we would have three new forests. Flatbroke (Chuck)
  21. Berta, The hearing is not until May 8th and my attorneys requested an oral argument when we filed a NOD against the CAVC's decision. Its down as Chastain vs Shinseki case # 10-1523 Bronco, As I said this is the first case my attorneys have handled for vets. I will point out 38 CFR 3.56. The fact is my records were never lost, they never REQUESTED them in the first place. And like I said The BVA and then the CAVC stated that my military medical records were not in front onn them when the decision was make.
  22. John, The CAVC just upheld the BVA's denial. THe CAVC never admitted to a CUE. And never mention point blank that the VA addmitted to not having my military medical records when the VA made thier original decision. The VA lawyers involved with the NOD going to the US Court of Appeals, said that the fact that the VA did not have my records did not prove the third leg of a CUE . So the first two legs of a CUE I presume were proved. The attorneys also said that even if the records were there there was not " a benit of doubt" in my favor and that no reasonable person would made a decision in my favor. This even though the exiting doctor not only typed it in he also hand wrote that I had spondilis. But the attorneys said that would not reverse the VA's decision. BULL There will be three judges and each side is presenting a fifteen minute oral argument. This is the only case my attorneys have handled for a vetern but two of them at the start were JAG officers. They got pretty upset when they realized how the VA was treating the veterans and have handled my case Pro Bono. We started in 1995 and they have said they will not give up. They helped me to get my first SC disabality and said that only an idoit would not see that I was effective at the start but I reminded them its the VA. LOL
  23. This Might be a little long and I will apoligize now KDM's post prompeted this post and I am trying not to interfere with his. My attorneys, which have been handeling my appeal since 1995, have finally got to an appeal to the Federal Court of Appeals in D.C. After being denied for at first lower back SC due to lifting 94 lb rounds while serving in Nam on a M109 Howitzer, my attorneys finally helped me to get 20% in 2004 but the VA only backed up to 2001. We filled a NOD within 2 months for an EED. The BVA finally denied me EED even though in thier denial they state the the orginal decision was based only on the VA's exam and xray. They furthur stated that they did not have my MILITARY MEDICAL RECORDS in front of them, where on my exit exam the Doctor stated I had Spina Bifida (from birth), but had Spondilicis & Spondalosis. Which is a natural occur in people with Spina Bifida. But this does occur in a time span of 20 to 30 years, not 13 months! After the BVA denied me an EED my attorney filed a NOD again even stating that the VA and the BVA stated the VA did not have my military medical redords in from of them. Suprise the CVAC upheld the BVA's decision and denied me an EED of April 1970 for my back , (which was within one month of discharge) so we filled another NOD to the US Federal Appeals Court in D.C. We filed 1/10/2013 and after the VA's attorneys says the Federal Appels Court did not have jurisdiction to hear my case the Court set a date of May 8, 2013. Man was I floored from Jan to April to set a date, sh** if the VA moved that fast there would be no backlog. Berta, Carlie, John and a few others I know you want to know the case number. So with out further adu ( I think you can see I am happy) the number is 12-7136 Federal Court of Appeals. I hope this sets a presadence (spelling) that can help others get thiers. So as I casualy wait for a decision, BULL I am already climbing the walls I just got to remember to take my Oxygen with. Later Brothers and Sisters
  24. Still here and waiting
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