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john.penasack

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Posts posted by john.penasack


  1. The FDA established that for legal protection only, not because they know anything about nerve system anomalies.

    I learned, over 25 years ago, that when physical pain overtakes me, I must try to over-ride it with an overwhelming mental preoccupation: thus this response. One of the reasons I devote most of my time preparing current geopolitics classes for seniors (no financial gain for me), is to focus on mental activity to offset my almost unbearable physical pain. Occupying my mind, for my benefit and others, is keeping me alive, at least for now.

    My qest for compensation back pay is to obtain funds to ameliorate my handicaps.I will attempt gaining NOVA support, but am realistic to know that overcoming the overwhelming bureaucratic VA rules is probably not achievable. My 'bailout" is an option.


  2. Hamslice, you obviously have much more experience dealing with the VA than I have and certainly have much more understanding of the intricacies of the age-old, sacred, self-protecting, selfish roles the VA has, but, just like the IRS, FDA, DOD,  and most US government agencies, including Congress, they devise rules and laws which focus on their self interests first. 

    I should have started this reply (or probably not even started it at all), by explaining that I am writing this at 3:17 in morning. I cannot sleep because of leg pain caused by some anomaly in my nerve system,an unsolvable medical  problem. I have 5 TENS  devices I purchased with my own money, but they cannot operate for more than an hour due to an FDA rule,law, edict or whatever they call it. If the TENS manufacturers increased the operating time, the would suffer financially. The FDA know I learned, over 25 years ago, 

    • Like 1

  3.  I want to thank all who responded! Gaining experiences of others in dealing with the VA  is FAR more beneficial then placing those 133 phone calls I have made since June 2018.

    Since I never had the experience of participating in a forum such as this, I'll use the approach of 'collectively commenting' :

    aceup: I have had a long meeting with the VSO in NH. She rated my situation as being the most complicated. No response yet. The big issue is the denial of the validity of my wife's statement for 37 years of compensation, when that same statement was accepted as the basis of awarding me 80% disability and initiating my VA monthly payments. That is so illogical that it becomes the basis for court action.

    broncovet: I have submitted a request to the first ( of 4 other NOVA lawyers) in Massachusetts. No response yet,

    Hamslice: I do not know what a "c-file" is but will explore". I am going to have to take a day to organize all the VA files (113 so far) I have accumulated to date. I had to purchase a special program to convert VA form pdf's into ones that can accept typing.  When I first attempted to establish a VA compensation claim in Manchester NH, I was told the VA would contact the medical facilities at all the military bases I served since June 1968. When the claim denial arrived, there was no evidence indicating they made any attempts. I believe the subsequent denials for compensation came from that same office. When I saw that he judged my wife's statement to be an "informal source",  I immediately concluded that the author disregarded the the "other" Compensation Office's judgement to grant be 80% disability and award me with monthly payment.  Therein lies the "malice" (my opinion) within VA Compensation.

    Berta: I won't give up. I have submitted a protest with VA IG. By the way, I was told by that representative, that the VA IG does not perform any internal audits of VA processes. That major deficiency prompted me to submit a request to my Senator (Hassan) to request that the GAO  conduct a full audit of the VA processes using their thorough 'Green Book' methodology designed for all US Government Agencies. Submitted the same request to the House Chairman of the VA Committee. And I will continue resubmitting objections to the 'Notices of Denial.  (And continue swearing!)

    '

     


  4. My USAF medical records were lost or destroyed and I was initially denied any compensation. I retired in June 1981 with 20 years service. In June 2018 I found that the VA would accept a 4 page signed statement from my spouse, of 57 years, describing what family life was like living with back pain which started in June 1968, while on active duty.  Within 2 weeks, I was awarded 80% disability, with 14 medical problems identified. Monthly disability checks started. I then submitted a claim for  37 years of.retroactive pay,  and was denied because that 4 page statement by wife was considered "informal". 

    I have no idea if there are 2 or more different, independent, VA Compensation Organizations, because the VA denials do not identify which VA Office made the decision, where the office is geographically located, who signed the denial, where I could call, etc.

    I submitted 2 NDO's citing the fact that I have been granted an 80% disability and initial monthly benefits based on the "formal" statement of my spouse and asking why my VA Compensation is not consistent. NO ANSWER.

    I have solicited the VA IG, Senator Hassan (NH), House Armed Services Chairman,  and all have failed me. I have been exploring an age discrimination action, but that requires a lawyer and I cannot afford their extravagant fees.

    Anyone have any advice

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