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hollywoodnc

First Class Petty Officer
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Everything posted by hollywoodnc

  1. Hey Pete... States won't do it without drastically raising taxes. The public will then hate us. We DON'T want that!!! Take Care! hollywoodnc
  2. Hey broncovet... Hope you're doing well! Can't do what you suggested. It should go: VA In The News/Federal Register Announcements READ ONLY FORUM , but I am not authorized to post a new topic there. Take Care. hollywoodnc
  3. Need I say anymore??? Please read, and lets FORCE change, before it's to LATE! http://usgovissues.blogspot.com/2010/03/us...ass-action.html ------------------------------------------------------------------------------------------------------------------ March 23 VCS Update - Shocking VA Admission Written by VCS Monday, 22 March 2010 22:21 PDF Print E-mail Last week your Veterans for Common Sense was busy in Washington working for you and for all our veterans. VETERANS BENEFITS ADMINISTRATION VBA Claims. VCS urged Congress to fix VA's badly busted claims system at the Veterans Benefits Administration (VBA). VCS spoke near the start of Chairman Bob Filner’s “Claims Summit 2010.” VBA Failure. Speaking before nearly 50 veterans groups assembled in the huge caucus room in the Cannon House Office building, VA's top information technology officer, Peter Levin, said VBA's completely overwhelmed and poorly led claims system "cannot be fixed." Yes, the first step for VA leaders is to admit in public that there is a very serious crisis. Congress already supports reform. Now VBA needs to do it with more pro-veteran, pro-reform leaders who will begin fixing VBA so VBA's dedicated employees can help our veterans and their families. Share News About VBA. Unfortunately, the national press missed this VBA bombshell. Please tell your friends, reporters, and your Congressman about how one of VA’s new top leaders confessed: VBA is beyond salvage. This issue of immediately overhauling VBA is absolutely vital because veterans usually need their VBA claim approved before they can see a doctor at a VA clinic or hospital. GULF WAR VETERANS New Healthcare Benefits. VCS scored a tremendous advocacy victory after mounting constant pressure on VA. Last week, VA Secretary Eric Shinseki announced the agency would expand healthcare and disability benefits for 3.3 million Gulf War, Iraq War, and Afghanistan War veterans. VCS thanks VA for doing the right thing based on scientific evidence and the needs of our veterans. Gulf War Treatments. While in DC, VCS met with Congressional staff and voiced our support for medical research for our Gulf War veterans through the Congressionally Directed Medical Research Program. We hope new DoD research leads to treatments for our veterans. Gulf War Research. We also continue to press for a full Congressional investigation into the handful of malicious VA employees still working at VA headquarters in DC who impeded Gulf War illness research at the University of Texas Southwestern, according to an internal VA Inspector General report. IRAQ AND AFGHANISTAN WAR VETERANS Personality Disorder Discharges. If you or someone you know deployed to the Iraq or Afghanistan Wars and was given a "Personality Disorder" discharge from the military, then VCS has a special announcement for you. OTHER NEWS New GAO Leader? Harvard University's Linda Bilmes is one of four candidates to run the Government Accountability Office. Bilmes is well known in veteran circles as an advocate to improve VA. Her book, The Three Trillion Dollar War, with Columbia University Professor Joseph Stiglitz, was the first-ever accounting of the full human and financial costs of the Iraq and Afghanistan wars. Bungled VA Treatment. The Nuclear Regulatory Commission fined VA for nearly 100 botched surguries in Philadelphia. More VA Problems Downstream. The military was forced to admit to reporters that one in six active duty service members are on some serious psychological drugs now. In a few years, VA will need to be ready to provide care to this new population of veterans. While most returning veterans will be fine, DoD is creating more and more serious problems with repeated deployments, the heavy use of drugs, and a lack of doctors to perform exams and provide treatment. Thank you for your support !
  4. You know, I come on this board and see so many frustrated people. There's no reason for these people to by upset and angry. If the system was Fair and Just, we wouldn't be here questioning it, or upset about the way things turn out. I also see how the Veteran has to go Above and Beyond to prove his/her claim. This is WRONG, and it shouldn't be this way either. We should all walk into the clinics/hospitals for ANY sort of exam, get examined (like you would at a specialist office), and leave knowing that you received the best care, and receive a Fair and Just opinion from a professional. Is that happening to each and every one of you today??? If it's obvious...YES. If they have to investigate or run additional tests...NO! I know there are a few of you on here that don't like it when someone like me makes waves. I've played the game now for 35 years and I am not going to sit here and voice my disgust with the VA. I am now taking action. I've been visiting this board for a few days, discussing plans for a Class Action. I also mentioned that I have a blog, also discussing the same. I know that some of you don't agree and view me as angry, frustrated, etc. But, if you knew my circumstances you'd be supporting me. Instead of judging me on this board Only, take the time to click on hollywoodnc blog, and read it. I also wrote a lengthy post on 3/17, which discusses things in finer detail. Please take the time to view it. If memory serves me right, I think it was Bertha who started the thread, regarding AO can Sue?...or something to that effect. Some people will advise to do it another way, and that's fine and I am in total support of that. For some people, this works, for others it doesn't. For ME...I reached my Plateau. Once you the claimant possesses a negative note in your file, it builds from there, because the doctors review your past history. They use the negative connotations in THEIR opinions, and it builds from there. I know...I've seen it done to me. After 35 years my claims folder is so riddled with crap, you have no chance of getting any sort of increase. You are viewed as a fictitious claimant, even if you possess outside opinions. It doesn't mean that I filed fraudulent claims since the '70's, it means that you MUST make corrections as soon as you discover them in your file. Leave them in, and later on you are screwed. If I new then, what I know now, I wouldn't be in the predicament that I am in. Now, I have to take drastic measures to receive what I was entitled to as far back as 1976, addressing multiple due process issues, and old FTCA issue, Medical Malpractice, my back, an underrating claim since '76, misleading statements, inaccurate diagnosis, etc. It's obvious that the VA can't even handle simple issues, based on their quota bonus agenda, so complex claims get sidelined, or pertinent issues and/or material facts are ignored. These are truly becoming more severe with each passing day. I sincerely feel bad when the troops return home...wait and see how bogged the VA will be then. The VA is doing virtually NOTHING to speed up the claims process. True, they supposedly hired more people, but where are these people going to work? The VA is so cluttered that there's virtually no room for people to sit or equipment to use. In 2002, I had to wait 1 week for a desk, and 3 weeks for a computer! The bottom Line... The VA is incapable of even running an abortion clinic, they're disorganized, disoriented, illogical and stupid.
  5. ------------------------------------------------------------------------------------------------------------------- Believe it or not Bob, the BVA ordered the RO to schedule me for an Orthopedic exam. The simple fact is that this clinic that I was to report to, DOES NOT have an Orthopedic examiner. These people do not qualify to render an opinion in regard to MY conditions. I also asked the DVA, in writing, to supply the prior C&P examiners experience/educational background. That's my RIGHT. Every doctor has a plaque in his office. I want to see PROOF that this examiner is qualified to render an Ortho exam. They FAILED to submit proof. As you have read, I specifically asked to be examined by an Orthopedic doctor at Duke U, and was refused that right a few years back to perfectify my claim. That's a Blatant denial of my right to seek medical care for my S/C disability. That will NOT be viewed favorably by any judge. This is supposedly the DVA's Prime Directive, and IS grounds enough for a suit, being that they "Breached" that Prime Directive. Don't you agree? So, as I determined from this request for a C&P exam, it is going to be considered MOOT, being that: #1)The BVA ordered an ORTHOPEDIC EXAM... #2)There are NO Ortho examiners at my particular RO, thus, NO doctor in this facility that can render a fair, bona fide, and accurate opinion... #3)That I was denied the right to see an Ortho doctor earlier at Duke U (Durham VA) and... #4)That the DVA Miserably FAILED at submitting qualifications (even minimal) of the April 2009 C&P examiner. The four prongs will establish a prima facie case, and will render the DVA bitching about me as a NO SHOW...MOOT. As you may be aware Bob, the Court system relies heavily of the use of "Prongs" (criteria) to establish prima facie in discrimination cases. You guys and gals out there must start questioning the validity of education of these doctors. TRUST ME...I know from personal Malpractice Experience!!! I was a victim of a scumbag in 1978. I go into it on my blog, and I am not bullsh*tting anyone or even slightly exaggerating about this. BTW...ALL that is mentioned here is documented in my file, and is considered as Material Evidence! I truly don't trust some of these doctors to clip my toenails! Thanks for the question Bob...I hope that I answered your question.
  6. Thanks shag... I'm reminded of the most recent post, when a Veteran who had a C&P and the doctor (if you want to call them that), didn't recommend certain tests, and then, rendered a negative opinion about the Veterans condition. This is a Blatant denial of the Veterans rights! The same occurred to me. I specifically asked to see an Ortho doctor, and when the doctor responded back, he flatly denied me that right!? My S.O. was pissed, and demanded a copy of that reply! It is identical to the other Veterans' case, and clearly shows that the doctors are in cahoots w/the DVA, in showing that Veterans (at their choosing) are filing fictitious claims to collect. Yet, as in with both examples, we aren't granted the right to show the reasons for our ailments, w/a bonafide specialists opinion. Your other points are 'somewhat' accurate, being that there are people only working for a check...TRUE in some cases. I'll also add...Health Benefits. However, there are a lot of GOOD people there also. A lot of those are Veterans to. They won't say anything, in fear of losing their job. That's why I lost mine in early 2003. I criticized their way of doing business, but not to a point of being a rebellious employee. I wrote letters to elected officials. One to Pres. Bush, arrived at the Directors desk...the plan to terminate was in play from THAT point. In concluding it was a discrimination lawsuit, and the output turned out bad for me, based on me being pro se. I intend to write a book about it, but only after the dust settles. Thanks & Take Care.
  7. Thanks Skunk. But I have a question... Are all of you taking this seriously? Or... Do you all think I'm just rambling? My drive is heartfelt and my goals are TRUTHFUL. I am not fighting the DVA within the system, I'm fighting the DVA from the outside, meaning a Courtroom with at least 1,000 other claimants, all at the same time, and for a settlement for those who have had it with the bureaucratic BS that we have endured, still endure, and if change isn't made, shall continue to endure. Is that what we want for our people still out in theater, when they return home with injuries?
  8. Thanks Commander! Boy am I showing my age today!!! hahahaha Twitter just showed that I am being followed by ClassAction AOG. I believe that they are lawyers already keeping track on my tweets. Hmmmm.... Lets' hope that it is a sign.
  9. Dear fellow Veterans; First and MOST importantly, I want to take this time to THANK each and every one of you for your loyal service to and for our nation! I don't say this often enough, but I figured that it was obvious that we appreciate each other for serving side by side, without the greeting. But I do appreciate talking with you all and feel personally attacked when these bozos at the DVA performs their tactics against you. We MUST perform OURS!!! Last evening I received positive input from Mr. Sullivan (Veterans for Common Sense), and he asked if VCS could help with the Class Action. I responded and asked if He and I could somewhat merge, whereas the both of us could take on the DVA. I also asked if the people that I get through my blog could assist the Court with his case in San Francisco. I await his reply. His case can have an adverse effect on how the DVA conducts business via Due Process. Mine, will also involve the conniving tactics used by doctors and managements trickery to deny claims (eg:misleading statements made (defaming Veteran character), ignoring of facts, Duty to Perform (when employees under a quota bonus resolve easy claims and ignore the more complex claims to meet quotas) tactics used by agencies to Delay and/or Deny by deliberate destruction or deliberate loss of records, I was Denied the right to see Ortho doctor when I asked to see one to seek treatment options & strengthen my claim, Denial of necessary tests to help Veterans with their health and disability claims, etc. People PLEASE...There is GREAT strength in numbers. I need numbers so that Mr. Sullivan and I can actually make change!!! IF you DO NOT want to be removed from the DVA roles, SPECIFY THIS FACT...Let me know this via email, via my blog. But, I STILL want to hear your experience regarding the DVA VIOLATING YOUR RIGHTS. If you DO want to leave the bureaucratic crap behind, and take care of your own medical expenses after a joint agreed upon settlement, then SPECIFY THAT FACT. Either way...WE WIN. If we are not granted a settlement, the DVA MUST abide by the ruling of the court. By LAW, they CANNOT Retaliate against us for attempting to do so, by denying benefits or health care. Regardless, we all win, because ALL Veterans will benefit. VCS and I must have numbers to convince officials that this is REAL, and we are sick and tired of the game playing. Regardless of which path you choose, you are helping us help you. You are also assisting VCS with their case which is collecting dust with a judge who cannot decide. This is OUR chance to make history, using the Judicial system, and hopefully elected officials to amend law, so that we are treated fairly, and VA officials don't hold us over the fire anymore, with misleading statements, due process violations, Delay, Deny and hope that we Die tactics, etc., when we file for our entitlements whether it be benefits or health care. Some here, may think that we don't have a chance with the corrupt courts that we see today... well let me assure you that there are judges that will see that we are serious, and that there are organizations in the country that assure fair judicial treatment, or it's Jail for them. Jail for Judges is a grassroots organization that goes after corrupt judges that don't comply to the letter of the law. Think about it...If DVA has support from these corrupt judges, Jail for Judges and all of us involved in this, will file Writs to have this corrupt judge removed. We can and conceivably could make change, and it can all be done legally. That's what I envision. Am I blowing smoke??? NO...This is what this country is about, Isn't it? Do you want to continue with this sort of treatment from administrative, all the way through the court system? How do you think change is made? Do you want to appear as a 'Pushover' in the VA or Court system? We have the power to put a congressman, senator and even a president in office, with a vote. Why can't we make changes like this in our Administrative and Court system? Who can do this?...The Masses! What changes are enacted in the court system, via Case Law, is used from here on in for other cases. If a case is decided in favor of the VA for instance, every case with similarities is decided the same. We can't allow this to happen. This case involving Due Process violations MUST BE in OUR FAVOR! The stronger the case, the less chance that it is controverted in the future. It will be impenetrable, and the DVA will HAVE TO comply! Do you see the Big Picture now, as to WHY I started this, and even though I orchestrated this, it will benefit you to! Personally, I started this because, I WANT OUT, and I want a substantial settlement for my multiple violations, and disabilities over the years (35 to be exact) including a BLATANT violation in the Federal Tort Claims Act (FTCA)! My Blog goes into this. It doesn't have to be the same with you though. You can opt to stay in the system, if you feel comfortable with it, especially if we make change to where it is Veteran favorable/friendly. Just tell me that when you decide. Under US Code, the DVA (for the sake of argument here) cannot Retaliate, Intimidate, Coerce, Threaten, or even decide differently on your claim (using your benefits as hostage), if and when you report, participate, or are involved with any sort of legal reporting of or law abiding activity, even if it is against the agency, and even if change wasn't made! The wording is different, but they can't violate law when you attempt to make change, as long as it is through legal means. If they did this to you in the past, and there is proof, I definitely want to hear from you. This is no joke, or ploy of any kind. My thoughts and feelings are that if I can make a change for myself, why not for all. This is what the Supreme Court does when Writs are granted. How will it change, modify, or improve a law to benefit all Americans? My drive and desire, along with VCS could conceivably change the way the DVA does business. This is OUR time to act. My blog harps on a few, but not all issues with this defunct agency...please take the time to read it. Criticize my blog, and advise me, on how to word it so that it has more appeal to all Veterans nationwide. I admit as it stands now, it appears to pertain to me. This is not the case. After days of thinking about it, I decided to get VCSs' input, being that Mr. Sullivan has appeared on many talk shows for the Veteran and today, I want yours. Once perfected, we will have a valid argument, and then it's the Media. Please read and comment on it through the blog. I will make the necessary changes based upon the best ideas. In short, I don't even want the 4th conservative circuit to dismiss the case based on not being supported by law or case law. I want the most corrupt judge to have no choice but to render an opinion in our favor. It's an Open and Shut case. In time, this will go to the media and ALL Americans will be in support. This will be our day, and it will ensure that our Guys and Gals in the field today, return and don't have to fight another unnecessary war at home!!! In closing, I came as a small insignificant cloud, combining with others to become a threatening thunderstorm Join my cloud and lets become an F-5 Hurricane. Here's my Blog Link: http://usgovissues.blogspot.com/2010/03/us...ass-action.html Enough is Enough...Lets Do IT! Thank You in Advance! Sincerely, Bruce M.
  10. Thanks for your positive post. I was offered a position w/Veteran Today as a writer, w/a link to my blog!!!? In other words, "Write for me, and I'll pay you by directing people to your link." Hmmmm...Even though this is appealing, I'll do it my way. Is it THAT good??? I'm going to decline, being that it will take up more energy, thus taking away from my true goal.
  11. You're absolutely right. As it stands now, citizens cannot sue gov't employees. They are protected under the Umbrella. They know this, and continue to abuse their position, knowing that they will get away with it, unless it is so egregious, that the Gov't has to take notice/action. When I sued the DVA in 2003-2005, I had an attorney (RO Regional Counsel) fired from her job, for fabricating info to make her case stronger during the EEOC process. She obviously violated her oath stipulated under ABA rules. I had Material Facts to contradict her statements, and WHAMO...she disappeared from that RO! It CAN be done. Specifying WHO said what or performed an illegal act not within the confines of law, raises questions whether this individual has the DVAs' best interest in mind. Even if the employee has an impeccable work record, it doesn't mean that he has the DVAs' best interest in mind. The overall purpose of the DVA is good...it's those power hungry, self centered scumbags, and the sheep that run with the pack that ruin it. Trust me...Politics runs ramped at my RO. Eliminate that stupid quota bonus, and you eliminate greed. Eliminate greed, you eliminate the drive to pass over the claims that are to complex...meaning ALL claims, no matter how small or large, are viewed equally and fairly. The quota bonus is the problem here, being that people must resolve so many claims albeit Yay or Nay, within so much time. The more claims that are resolved, would guarantee that the RO will receive a huge bonus for all to share. With THAT in mind, employees are pressured into exceeding their quota, by picking and choosing the easy claims (the ones that are obviously simple and cut and dry approvals/denials.). DVA employees are paid to WORK, 8 hrs a day, 5 days a week. When I was at my RO, people held Pot Lucks during business hours on a frequent basis. That must stop. They're paid to work...not party. This problem can be resolved quite easily... When a business is overwhelmed with orders, how can they meet this demand? It's simple...the boss hires more people, and if necessary, hires temps to work a second shift! This whole problem with 600000+ claims can disappear within 12 months. All these bozos have to do, is start a second shift! 5 CFR 316-301 & 401 allows agencies to hire employees on 'term appointments', so the DVA can hire individuals as per OPM (Office of Personnel Management) guidelines. The big picture here reflects suing the DVA for due process violations, unfair treatment, etc. and its' inability to resolve the thousands of claims withing a reasonable time. This would ALL go away if: The DVA went paperless... The DVA started a second shift... The DVA eliminated the Quota Bonus... The DVA eliminated Pot Lucks during business hours... The DVA held employees personally liable for illegal acts or even unfair tactics used against Veterans. Simple equation, and the way that the DVA does business as usual, would change drastically! Please take the time to review my blog, click on this link: http://usgovissues.blogspot.com/ and kindly take the time to pass it around. Thanks to All.
  12. Hi again Berta... How ironic is the timing of March 12 for AO Vets, when on January 12, I demanded action on my 8 yo claim, and for them to do so by 60 days? hahahahahaha... Oh boy...the VA has missed TWO deadlines. This is what I posted if they didn't comply: http://usgovissues.blogspot.com/2010/03/us...ass-action.html After witnessing what I have inside and outside the DVA along with what I've read from other Vets throughout the years, I'm sick of the games. I also informed Sen. Richard Burr (my district) of the pending onslaught of Veterans that will participate in this class action. The VA does not have a leg to stand on...not anymore.
  13. Go here and tell me what you think. Is this to far fetched? Are any of you mad enough to want out? I am. I'm at the end of my rope. E-mail address at the bottom. http://usgovissues.blogspot.com/2010/03/us...ass-action.html
  14. It has come to a time, where we will have to have an attorney, with a medical background present with the Veteran, while an exam is being conducted. Truly a pathetic, defunct agency. Now, this Veteran has a situation to resolve... A deliberate mis-statement made on the claim, by an IDIOT, where as the Veteran has to delay the claim until, this discrepancy is corrected. Knowing the VA, they are going to re-schedule him to report for another C&P, further delaying the claim. Who's to know if he will get another quack examine him accurately and fairly? Who's to say IF this 2nd idiot doesn't render a worse diagnosis? Pete53 is correct... This Veterans best bet is to let the original evidence on record STAND (for NOW), get a Private Cardiologist to perform a thorough exam (in his favor of coarse), and deal with the controversial opinion or the quack at the appeal, and use the private doctors opinion to quash the VA morons opinion. Doing anything other than going forward is just going to turn this into a confusing nightmare. AGAIN, and as usual, another Veteran is thrown unnecessarily into the appeal hell! The delay game continues...
  15. I only responded to ONE post on this thread hawkes'. Instead of addressing ALL posts, I decided to post directly to the thread... I know that you all mean well, but quite honestly...NONE of these plans will do any good, being that it is NOW a part of this Veterans "Permanent Record", and decisions made will be based on this nimrod doctors opinion. You all know this to be FACT. The DVA is NOT on the side of the Veteran, thus the reason why we are on this board discussing this. Call it what you will, but it is and always has been an "Us vs Them" mentality, aand they have the ammunition in the form of Delaying, Denying and Hope that WE Die agenda. This gentleman has a physical problem which may or may not be attributed to his service in this country. However, to have to resort to an interpreter to explain issues, when that individual possesses NO MEDICAL BACKGROUND...well, it is DEPLORABLE...PERIOD! Carly, Berta, and others on this board that are familiar with a few of my prior posts are aware that I am a thorn in the side of the Dept.. I am in NO WAY intimidated by the "Big Bad Gov't." And my Service Officer has asked me to tone it down when submitted my comments and disagreements...I refuse, and will not be the submissive Veteran, and beg for the benefits, fore which WE ARE ALL ENTITLED TO UNDER THE LAW! Sorry, but that's who I am. I humbly ask all of you reading this, to demand that your rights to these entitlements are not trampled upon, by ANYONE and if they are, you will stand up and hold them accountable! We CANNOT allow this to continue! These incompetent pricks MUST be terminated from their jobs, if they cannot perform them. I am so sick to my stomach, that we are being treated in such a fashion. Hawke is just one out of thousands and thousands of Veterans that are shafted by these JOs' on a daily basis. The CBS airing of Delay Deny and hope that I Die, was as an accurate assessment to the treatment of our Veterans. I truly thought that this story would bring about change. But, as you see, it's the same old bullshit different day mentality at our "Executive Agency"! Thanks for reading this, and sorry for its' length.
  16. hawkfire... I TRULY sympathize with your dilemma with the VA, in regard to dimwit doctors rendering opinions that are considered as unfair and misleading in the REAL Medical community. I was attracted to your post and hit the roof, because, it is the IDENTICAL scenario with the nimrods employed under the VA umbrella, who, in MY case have performed the same stunt, time and time again. My file is littered with all of these discrepancies and misleading statements. This is the ploy used to deny claims by the DVA, and is the primary reason why I want out of the roles. I have constructed a blog, for ALL of you to read, however, I MUST await approval by T-Bird before posting it on THIS site. It's the least that I can do, being that t-bird webmasters the site, and I don't want to cause any ill feelings. Anyway, I do hope that tbird gives the word soon...just keep your eyes peeled for the next few days. You will be surprised at what I have to say, and what I want to do regarding this defunct agency.
  17. What I find sickening is that Veterans have to spend "Out of Pocket", to prevail in a claim. My record is riddled with bogus opinions, by less than competent doctors at the VA. Some of us cannot always afford to see private doctors. Additionally, I'm having a hard time trying to find a reputable Ortho-Neuro doctor who will take the time to render a bona fide opinion (on my old hip injury, and how it contributed to a spinal condition), which dates back to the mid seventies. I also have issues about this doctor Bash, who rapes Veterans for a IMO. You really have to wonder if he's not taking advantage of people who clearly don't have the advantage to a fair and just medical exam by a gov't. employee. So, when you look at the big picture, we are shafted either way. If you're on your death bed, you'll prevail; until you drop dead, THEN the scumbags deny your claim. Either way, you're F*cked!
  18. It is worth mentioning that not all Veterans are honest, and there are those who will defraud the Gov't. Yet, there is a 'Flip Side' to the story also... eg: My most recent C&P exam, the examiner had stated: "I don't understand how this Veteran was considered as S/C to begin with." Following the protocol of the DVA, this could conceivably have an adverse effect on my claim. HISTORY: Prior to enlisting, AFEES insisted on an old X-Ray to compare with their X-ray...everything was fine, and I was inducted. In Sept. 1975, I entered the service with 3 Knowles Pins. I had full ROM, and no difficulty whatsoever with the pins. While on Bivouac, I had hit a sand pit, and came down hard on that hip. I suspect that I had suffered from a Compression fx, because the doctor noticed that one pin was penetrating the joint space. After a hearing in Washington, DC, the "Board" determined that I was considered as Service Connected, and that I was to be discharged immediately, even though I requested to stay. Theoretically, and legally speaking, I was Discriminated against by the US Gov't., when they discharged me due to my disabling condition. So, the questions arise... Was a pin actually penetrating the joint space PRIOR TO enlistment (and wasn't noticed), OR did it occur during Bivouac? Regardless of either, should I have been allowed to enlist in the first place? Theoretically, someone at AFEES screwed up, and I shouldn't have been allowed to enlist. Back to the 'Flip Side'... The examiner had NO RIGHT to offer such an opinion. Furthermore, she is not a qualified Orthopedic doctor, but a general practitioner. Additionally, the BVA had ordered the DVA to set up an appointment for me to see a qualified Orthopedic doctor. The DVA (over a year later) decided to set an appointment with this clown. Doing so, put my claim in a compromising position, thus making me look bad (filing fraudulent claims) from here on in. When adjudicators, rating specialists, et al, see this damning info in my records, ALL will start to question the validity of any and all future claims that I file. When you review YOUR entire claims file, do you notice any defaming comments that are not necessarily accurate to downright false and misleading? Isn't this considered as "Libalise"(sic), being that it is viewed time and time again to determine eligibility? So in effect, are the doctors (if you want to consider them as such) at the DVA committing Defamation of Character in a grand scale, to a majority of legitimately disabled Veterans? As you are all aware, DVA employees view opinions made by these incompetent morons as GOSPEL! So, going on the premise of what was made by the originator of this thread, did the same sort of doctor render the same sort of opinion, making this a "Fraudulent Claim"? Food for thought...
  19. I had a similar problem with an 'Ambulance Chaser' who claimed that SSDI owed him his due pay. Not only did I supply him with EVERYTHING that he needed to prevail, but after a conversation with this imbecile, I decided to terminate his employment two to three months into the contract. SSDI accidentally payed him, and I filed fraud charges with the OIG against him, being that he was terminated months earlier. (I had won SSDI without having to participate in a hearing). The moral of the story... I trust lawyers as far as I can throw them! Lawyers are nothing but con artists looking for quick and easy cash. Veterans are the new "Easy Money" for these J-O's! Very little work for a big payoff.
  20. For the sake of argument... It is OK to state that the VA deserves an "F" because Belle is NOT specifying (naming) any particular person at the DVA. So, slander, defamation, etc. is MOOT, unless she specifies a particular person or facility. It is also a Constitutional Right to voice your opinion as you see fit...as long as it doesn't contain "personally biased" slanderous/defaming language pertaining to a specific person or in this case facility. Even though we are here stating some ridiculous claims against the DVA(and rightfully so), there are some success stories to. I always pride myself with looking at the flip side of everything, being that there are two sides to every story, so with that said... It is a well known fact that a vast majority of us have to prove beyond reasonable means to establish a claim, but if ALL claims were approved, just because a Veteran filed a claim, this would raise red flags with the taxpayer as to how competent the DVA is for approving ALL claims that pass through it. eg: "TDIU claim for an ingrown toenail." Don't laugh...I would bet that someone has tried this! I have personally seen some crazy claims and items pass through my hands! You all have to keep in mind that the DVA has to maintain a budget. This protects you and I as a taxpayer. You also have to consider that there are a lot of bogus claims made by dishonest individuals. Unfortunately, and on the flip side, there are dishonest, unscrupulous, uneducated, disinterested, and/or prejudicial individuals that decide on claims to. They see those crazy claims (and there are many) and they unfairly judge the majority as the same. The DVA is anything but perfect, however each case has its' quirks also. So, prior to going on YouTube, I STRONGLY suggest that this claim or any claim for that fact is valid. You had better have supporting knowledge and law (CFR's and Case Law)to back up your claims. Furthermore, it is also worth mentioning that even though you are using an alias name on hadit, the US Gov't. has a way of finding out who you are, and can make your life difficult, especially when you file any future claims. aka: RETALIATION! Also consider IF this is picked out by the media, imagine how much of a horses ass you will look like if the media decides to grill you with questions that you are unfamiliar with?! GRANTED...Your desire to expose the DVA for it's faults are admirable, but I advise that you make sure that your "i's" are dotted and your "t's" are crossed prior to any sort of worldwide broadcast. Additionally, if you do decide to broadcast, you could conceivably HURT and HINDER hadits' reputation, and render it as another group of angry/disgruntled Veterans just looking for a handout. I've seen this happen to a grassroots organization "Jail for Judges", when a Congressman labeled the leader and its' followers as "Angry A s s holes"! This doesn't bode well for the organization. YES...he actually quoted that, but then apologized for the comment afterwards. One other point... In your attempt to expose the faults of the DVA, by using a particular Veterans case, you also may be placing yourself in a precarious position. If one statement is made, and is not accurate, and the Veterans' case is denied based on a broadcast which is inaccurate, YOU could be sued! In closing... Personally, I'd rather have a professional organization take a story of a Veteran, and produce it on a professionally done format. There are to many risks to us and you, if this bombs. I truly commend you for what you are trying to do, but you better do more research before you attempt this.
  21. I don't blame you Oldman for wanting to live in the Philippines, however what causes arthritis to flare up is the humidity. The Philippines is popular for its humid climate. I would do research to see what other countries have a dryer climate, that won't be so taxing on your joints. If you are convinced about moving to this region, then consider taking a lot of anti inflammatories.
  22. Gee...Where can I apply for a job like this? All kidding aside... What the hell is going on in this country, where people are stupid enough to try such a ridiculous stunt? Did they actually think that they would get away with this?
  23. FreeSpirit... I would like to address this in specifics: "If a diagnosis is not supported by the findings on the examination report or if the report does not contain sufficient detail, it is incumbent upon the rating board to return the report as inadequate for evaluation purposes. Absolutely TRUE. With a good majority of these C&P exams being conducted by a group of DVA paid quacks, I am now attacking their validity. One of these jackasses had claimed that I had no GAIT; YET, she measures my legs and comes up with a one inch differential from left and right?! Hmmmm....? This moron concentrated more on trying to discredit my claim, yet lists the discrepancies in leg length. This either makes my C&P exam invalid, or any contradictory law cannot be applied to such and idiotic evaluation which contradicts itself. I insisted that this report be considered as MOOT. I also stated that the BVA ordered the DVA to schedule me for an Orthopedic exam, and the AMC instead schedules me for an exam with a 'General Practitioner'. This to, makes the exam INVALID or MOOT. This is my argument, and it is just additional ammunition that I can use against these retards in a courtroom! This moronic administration thinks that we are all dummies, and won't contest their unorthodox, illogical procedures. My focus is on these stupid and incompetent morons, who supposedly possess a degree in medicine. I cringe every time I attend these C&P exams. From here on in, I WILL enter into one of these exams with a digital recorder, a knowledge of my conditions, including examination techniques, and I will question them as to what their findings are! I advise you to do the same. These exams are clearly one sided, and I won't be subjected to any further trickery or LIES documented on my record. Those who do lie, will be held accountable for such in front of a judge. The bottom line... If a Coroner has a recording devise to document a cause of death, then I am going to have a record of my condition(s) and insure that I receive a fair and just exam! I'm sick and tired of being told one thing, and something totally different is written once I leave the room! Watch and see how fair C&P exams will become, when doctors are recorded, and held accountable for their biased decision making!
  24. LivingRock... I agree with Cowgirl, when she states that you should keep your VSO in this matter. If you are dissatisfied with his action(s)(or lack thereof), you should consider contacting the National Headquarters of the VFW, and filing a complaint against him/her. Also insist on all replies (cc's) made by this VSO to the DVA in support to your case.
  25. It is a final decision if it was rated upon. Even a mere mention in a BVA decision. However... In MY case, all the decisions EVER rendered failed to address additional disabilities mentioned by physicians in the past. Logically speaking, they are "Fair Game", which entitles me to address them this late in the game. In this case 33+ years. In short, if additional disabilities are in medical records, and not addressed in prior decisions, and they do contribute and are related to S/C, and they are coded, then it is logical to presume that they are subject to an Administrative Review, and are payable retroactive from the effective date? Clearly this is a Clear and Unmistakable Error claim and it cannot be disputed, nor can the DVA 'Pick and Choose' what they can award if it is documented on record by their own doctors. This is what I have filed in my claim, and by law, this is what they have to pay. What a NICE check that will be...from 1976 to 2009. Hmmmm...I can just see it now. Retirement on a Caribbean beach! B) <_<
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