hollywoodnc

Good Afternoon JR! The ACT of applying under a "Protected Group", is in FACT an 'Umbrella', which shields you from discrimination...in THIS case Disability. It is usually practiced by means of Retaliatory actions taken against the aggrieved. The FACT that I was terminated while under the care of a doctor THROUGH OWCP gives creedence to a disability claim...Which law though, I cannot find. I'm probably looking to hard, and I'm probably glancing right past it! I am unable to locate this in US Code. If I can find SOMETHING, I'll have the actual ammo! Like I mentioned yesterday, I was terminated due to a "Term Expiration". That's THEIR ARGUMENT. THIS argument by the opposition is a PRETEXT to what really occured, that I was terminated with PREJUDICE for: #1) Applying for disability benefits/Medical care through OWCP... #2) I am a 30% Compensable Veteran protected under The Rehabilitation Act... #3) A bad work record was created, due to my inability to perform my regular duties... #4) Management failed to Accommodate me, even though they were aware of my disabilities... #5) Management also failed/refused to fill out an accident report, at the time of reporting the injury. Also consider that, I did NOT complete the so called time frame allocated to me (by personnel in Jackson, MS.), being that I was on LWOP for two & 1/2 days. As minut as that may appear, it is STILL considered a BREACHED contract/agreement, on top of the other examples of breach! The other examples of BREACH... #1) Contract contradicts "Welcome" letter from personnel, which states from 12/28/02 to 12/28/03 w/ benefit package... Contract/agreement states 12/28/02 to 9/30/02 w/o benefit package (YET, I received the full benefits as per 316.301?)! #2) Welcome letter contradicts Job posting (allowed by OPM), using the language of 5 CFR 316.401 as opposed to 5 CFR 316.301...Temporary vs. Term, respectively. #3) Violations under:5 CFR 432.105 (4)(i)(A)&( B )(1)&(4)&©(ii)(iv) "Advance notice" et al. At this present time 11/05/05, I & the court await a reply to my complaint, from the opposition. I'm in the preliminary stage of this @ The US Federal District Court-Middle District- in Greensboro, NC. From what you have read so far...what do you think? Does it look like I'm retiring to a desert Island soon? ;) Can the fact that a contract is breached, make their argument, MOOT? Like I specifically stated in my complaint, I said..."YES, I SIGNED the 'Piece of Paper'. What else was I to do? I needed the job!" & "I didn't want to make 'Waves' on my first day." I did include some personals in my complaint, so as it doesn't look monotonous. It was done tastefully, & with respect to the court (but, I DID want the judge to smile while reading a few of these comments).

HI Berta! Long time no talk to. I hope you're doing well! Wow...the day after ADA was law...COOL! Your case is the foundation of ALL future cases involving ADA. How do you both feel about that? That's what I want to do with the Creative Discharge claim. In short, Constructive Discharge involves actions taken by employers that will cause any reasonable person to quit his/her job. Constructive cannot be used in my situation...I didn't quit. However, the fact that management, sent me a letter "Hinting" for me to quit, warrants something of this charge, yet, I cannot use Constructive?! It isn't HARASSMENT, because harassment involve the use of comments (racial, sexual, disability, age, etc.) So, this is a perfect opportunity to create or amend a new law. Being that management did not harrass me outright, to quit, yet they sent a letter of concern with a form to file for Unemployment, clearly shows their intent. They used "Creative, Unsuspecting, & Subtle" but MALICIOUS METHODS to force a quitting! Furthermore, this law will protect millions of people, who also didn't quit, yet the same acts or others that are similar, will warrant filing this charge....EVEN THOUGH YOU DIDN'T QUIT! I will be the originator of that clause, if it is accepted by the Judge, and if he doesn't use a substitute, such as a sort of "Harassment". I guess it'll all depend on how I present it. Regardless, if I am unable to create a law, the money I have asked for this new law, will be shifted to the harassment charge. In YOUR case, do you recall if you had to use a multiple step procedure to establish a Prima Facie, OR was your case a "Cut & Dry"? You are discriminated by an employer due to your disability. This is a way to establish a Prima Facie for ADA... #1) You have record of a disability... #2) Your employer is well aware of your disability... #3) An adverse action was taken against you. I can do one better... #4) You were replaced with an individual WITHOUT a disability. That was using the MacDonnell Douglas approach to establish Prima Facie. Using this approach for age (ADEA)... #1) You're 40 years+... #2) You qualify for the position, for which you applied for... #3) An Adverse Action was taken against you... #4) You were replaced with a younger worker. Lot's of cases are coming out, whereas people filed an ADEA claim, but the "Younger Worker" was 35+. The fact that a person is only 1, to 5 years younger, does not warrant that the employer is discriminating against you for age. It'll be interesting, if another claus was added, such as Sexual orientation? e.g: #5) You were replaced with a Female, because the Manager is Female, or vise versa. You can even throw in in Homosexual, or Heterosexual...depending on the sexual orientation of the the hiring staff. Am I giving you folks any ideas here??? Good! Question: Being that you were involved with the Dept. of Labor, and OWCP is an "Offshoot" of the DOL, are you aware of a law, that protects an individual of a discriminatory act of termination of his/her employment WHILE under a VALID Workmans Compensation claim? Navigating through the DOL website is cumbersome. If you have that, PLEASE post it here. I would LOVE to use that in my case! I had TWO claims. One is the original, & Two is the "Reinjury" to the same area (Knee). On Dec. 10, 2003, I was terminated the SAME DAY as OWCP typewritten a letter of DENIAL! However, On Dec. 18, 2002, I was APPROVED for Claim #2! I was attending Physical Therapy under this claim. I was TERMINATED during this claim. Is there a specific law that prohibits employers from doing this? I always hear people say that it's against the law, but I'm thinking that these same people are really saying that "It's against the MORALS"...they just use the word "Law". Thanks, and as usual, it's always good to read your posts! ;)

Hey JR! Oh JEEEEZ! I read some "Horror" stories involving Postal Employees & OWCP! Isn't OWCP an ABORTION of an agency?! Dealing with those clowns, is like pulling a bad tooth yourself, with pliers! In addressing MSPB V EEOC, I was NOT aware of all the violations, nor whom to report them to at that time. I wasn't advised of my rights to do so, when I was terminated, which in effect is ANOTHER violation committed by the VA!!! I'll rub their face in it, in front of the Judge & Jury! I filed an EEOC complaint, and for some strange reason, ORM entered into the picture. Then, OPM held interviews, then the EEOC. Then another offshoot of EEOC stepped in. Man, talk about a waste of taxpayer dollars!!! The only time I dealt with MSPB was after the Whistleblower debacle! OSC is an ABORTION! My case, is in the same time frame as the controversial director (Bloch), who is accused of not resolving legitimate issues with Whistleblowers. I WAS PISSED! I'm forced to drop this, because I want to use some evidence from that case to burn the Regional Counsel! After the Federal Case, I'll reconsider persuing a different avenue on the Whistleblower claim. Maybe suing Bloch for his incompitence...I don't know... It's funny that you resorted to "Williams v. Toyota" as a way to quash my ADA claim. Do you know an effective technique for that? I'll briefly refresh your memory on the case... Williams was an employee who filed a disability claim for carpel tunnel syndrome. Even though she had a legitimate disability, it DID NOT limit her daily life activities. This is what the court agreed on. Regional counsel at my RO TRIED to use Williams v Toyaota, and my response was: "That this is a case that is comparing 'Apples to Oranges'. Williams had CTS...I have knee , hip, and Lumbar/Sacral problems. CTS is not a WEIGHT BEARING JOINT! The knee supports roughly 75-80% body weight...the hips, roughly 50-60% body weight...and the spine is variable. When the L series & S series vertebra develop problems, regardless of what, it will further effect the lower extremities. When the C series & T series are effected, they effect mid to upper extremities. This is FACT. So, what constitutes a limiting of life activities...the inability to "Brush your teeth"...OR "WALK, bend, kneel, squat, stoop"!? I rest my case, and it was NEVER used against me again! I therefore QUASHED the Williams v Toyota argument. I'm sure, DOJ will attempt to use it. I will destroy the williams v toyota case note with MY case argument, that's IF, it reaches trial. Does my argument for williams make sense? For ADEA, I'm using McDonnell Douglas v Greene, to establish a Prima Facie case...and since a "Bad work record" was created, I'm using the Reeves v Sanderson Plumbing Co., Inc. argument. They also violated my rights under the Rehab Act 501, by stating that "We are letting you go, based on BUDGET"...I'm a 30% S/C (pending an increase). Even though I DID NOT QUIT, I even filed a "Constructive Discharge" claim. The reason why, was because the Human Resources Manager sent me a form to file for Unemployment WHILE I was out during the W/C claim. His REASON stated in the letter, was that my health insurance will expire unless I pay my dues. What's funny here, is that I HAD NO HEALTH INSURANCE! A Human Resources Manager should KNOW THIS! He OBVIOUSLY has access to all my records. His answer, when I confronted him, was: "According to 'regulation', we have to send this when you're out after seven days". WHAT REGULATION??? And during a WORKMAN'S COMPENSATION claim? NCESC 96:13 clearly states: "You must be ABLE, AVAILABLE, & LOOKING FOR WORK". HOW???... if I cannot perform at the RO, how am I going to qualify for another job??? Furthermore, the day before he sent me this, a recommendation for my termination was drawn up by my immediate supervisor! This is clearly a ploy concocted by two people so far, to warrant my dismissal, either by me "Taking the Carrot" (filing like a gullible idiot for UI), OR waiting till my term expired. Sneaky bastards, Eh?! Also consider that IF I HAD taken the bait WHILE pending a W/C claim, I would have committed FRAUD! This detail was told in my complaint to the Federal District Court Judge. Constructive discharge, through this case, will be AMENDED to include 'CREATIVE' DISCHARGE. It will be worded something like this..."The Unfair, Unsuspecting 'Tactics' used to force someone to quit". This includes using legal documents to intimidate or even showing 'concern' to unsuspecting individuals to entice them to quit. YES, I'M CREATING A LAW TO PROTECT MILLIONS OF AMERICAN WORKERS!!! You read it here first folks! My case will be popular for others to use...and it's done by a PRO SE PLAINTIFF! My worry in this case is the Civil proceedures, and the timely filing of motions including WHICH MOTION to file, when & for what. So far, so good. Depending on the oppositions next move, I will file a Motion for (furthur) Discovery. I want to interrogate the defendents again, so I can catch them from what they originally stated in earlier questioning. The Regional Counsel is TOAST. She will be disbarred. She lied CONSTANTLY, to Administration Law Judges. This contradicts original paperwork. The ABA has rules for professional conduct that I presented to the Judge in my complaint. I also included a "Breach of Employment Contract/Agreement/Instrument". The Oppositions argument..."Term Expiration". They claim that I filed a complaint stating that the RO failed to EXTEND my term. I'm contesting the word used: EXTEND, and arguing that they failed to HONOR! Big difference!!! FACT: A letter from the personnel dept. in Mississippi, stated that I was hired from 12/28/02 to 12/28/03. They violated that to, under 5CFR 316.301...Which specifies a time limit of MORE THAN 1 year, LESS than 4 years. The piece of paper that I signed stated for a period Not to Exceed 9/30/02! This is stipulated under 5 CFR316."401" as a TEMPORARY with a NTE clause of LESS THAN 1 year. You are NOT entitled to benefits under this chapter...YET, I received the FULL package! One of Regional Lies was a Motion to Dismiss, that she filed with the EEOC Judge, and she stated that I signed an agreement with the RO for a TEMPORARY position, with an NTE of "12/30/03". This controversial piece of paper, "The Agreement" had a 9/30/02 date written in. This contradicts the original position for which I applied for, and the welcome letter from Mississippi which offered me the position till 2/28/03! The piece of paper was also "vague" in it's language involving over issues of your tenure. It was definately NOT a "Contract" drawn up by OPM! In concluding... NOW you see why I'm so PISSED OFF at this agency? I've been dealing with these IMBECILES SINCE 2002!!! I look forward to the award that I'm going to receive from these lying PRICKS!!!

Hey, "JR"! Thanks for your offer! If you are an attorney, rest assured that the term "Ambulance Chasers" does not, in any way refer to ALL lawyers! What do you specialize in? It might interest you to know that, I'm competing against an attorney from the DOJ. I also requested a jury trial, and am motivated to winning! I would guess that this attorney's next move will be a "Summary Judgement". I will then reply with a "Motion to Proceed" based on exhibits & testimony to be presented as evidence during the trial (not in those exact words of course). I'll thoroughly convince the Judge, that it is imperative to proceed with a LEGITIMATE TRIAL. These are not bogus claims. Of coarse, it all depends on the oppositions response...! Anyway, I look forward to seeing your reply...and again, THANKS!

Thank You "va rebel"! Does my topic matter depict that I'm a rebel also? ;) hahahahahaha...You DAMN RIGHT! Addressing your post... YES! I'm stuck in (what I consider) a "LOOP". The VA is attempting & HELLBENT into finding ways to prevent by means of unnecessary delays, claims that my appeal process (for one claim) has expired due to my failure to respond (when I CLEARLY DID), That they are unsure of how they want to proceed with a BVA hearing (when I SPECIFIED WHERE & HOW), to my failure to submit a "Form 9", etc... I'm NOW attempting to have my C-File removed from this MORONIC RO! I have exhausted every attempt to deal with these people in a LOGICAL fashion! I'm clearly losing it! I've addressed issues time & time again...but to NO AVAIL! My next step, is a "Court Order" to have my file transfered to another location (if it is possible to do so)!

Thank You Pete. Keep your eyes peeled for any additional info regarding this. I'm going to present this to the Oversite Committee on Veterans Affairs FIRST. When these officials see that Veterans are pissed off, there will be a very good chance that this will open eyes. I want MILLIONS, not a few thousand, or a couple of hundred...MILLIONS of Veterans to respond. This will clearly show the MAJORITY of us are fed up with the unfair tactics, delays, and "Games" used to deny a Veteran his rights. The VA uses tactics to DETER you from continuing with your claim. For example... * Have you ever mentioned something to a doctor (negatives & positives) ONLY to have the "NEGATIVES" entered in your record? Case in Point: I was asked why I didn't wear a "Back Brace". My response was: "...because a doctor (in the past) advised me that the I should wear it occasionally". I also said: "If I wore it all the time, it makes me sweat & chafe." Guess what the "Quack" wrote? "When asked if he wears a back brace, his reply was ONLY: "IT MAKES ME SWEAT"! Another... This quack has also stated that: "I refuse to pay the copay (for drugs), and I prefer 'Natural Pills'." THAT is NOT TRUE! I cannot afford the copay, AND I don't like drugs, due to their side effects! I TOLD him that specifically! Was ALL of this included?...NO, just the NEGATIVES & UNCOOPERATIVE implications! Last, but certainly not least... ONE TIME, when I walked into this quacks office, I was advised on the effects of smoking. ONE time was enough. YET the clinic submits this same phrase over & over & over again...like he told me EVERYTIME I walked in, when he DIDN'T! Regardless, I know that smoking is bad for me, WHY is it an issue to treat me like a g*#%amn child!? Legally, this constant submittal that he advised me, everytime I walked in, is a FRAUDULENT STATEMENT! I also noticed that during the screening process, they are asking us this question everytime. This started not to long ago. But, not before the doctor claimed that HE did. So, in effect, somebody else had pointed this discrepancy out, and NOW you are asked these questions while you are having your blood pressure checked (pre screening). Ironically, I'm also asked if I suffer from any sort of depression. Even though I'm not in that state of mind (yet), this illogical process is putting me there! Recently, my new primary care physician had asked if I wanted to sign up for a smoking cessation class...I agreed to. The catch: I have to wait six months+ to do so. Oh well...better late than never. I do appreciate the offer though, and I will take advantage of the opportunity. One LAST NOTE... Before the VA uses the term "Did not report for an exam..."...MAKE SURE THAT YOU RECEIVE "NOTIFICATION" THAT YOU ARE "SCHEDULED FOR ONE"!!! My claim NOW includes notes stating that I FAILED to show up for an exam, YET, I NEVER RECEIVED NOTIFICATION OF SUCH!? They use this against you to, as it is stated in a few of my "Statement of the Case"! Another PLOY to discredit the Veteran! It's unadulterated HORSESHIT! ANY OF YOU, who have x-rays taken, TAKE HEED! They're on the payroll also. Despite the fact that YOU and ONLY YOU know what's going on with your own body, these morons will convince you that "Nothings Wrong"! When I injured my knee AT WORK, I went to the VA Clinic for x-rays. I clearly felt my patella (knee cap) was offset to the posterior (outside) part of my leg. The x-ray tech who reads the x-ray had stated that the findings were NEGATIVE (meaning: NORMAL)! When I saw a private orthopedic physician, he took a "Sunrise shot" of the knee, and it showed just what I suspected...An "OFFSET PATELLA"! I was also diagnosed with "Plica Syndrome"! WHAT does THAT tell you??? WHY do these people do this? My guess, they're on the PAYROLL! Tell me that I don't look like an IMBECILE, because of these statements?! This shows the adjudicators that I'm being UNCOOPERATIVE, & I refuse to cooperate with these clowns. DO YOU SEE A PATTERN FORMING HERE? The MORAL of the story... It appears that you have to "Stand Behind" these quack doctors while they're typing this crap. Once they hit the 'ENTER' key, any negative connotation is on record, AND will be used against you! Overall, my record is telling claims examiners that I should be considered as a fraudulent applicant, who refuses to cooperate. It is also starting to look like an ATTORNEY will have to accompany you through every step of the process. This is starting to become to complex of a procedure for POA's to handle. They are to understaffed to handle all of this. Another reason to establish a CLASS ACTION! Immediately after the doctor completes his "Write Up", a Veteran & doctor, should read the write up, the Veteran should be asked that he understands his rights, and THEY SIGN in agreement. This includes giving the Veteran a COPY, so as the write up isn't modified AFTER the Veteran signs. This simple procedure, would have saved me a lot of headaches! A disclaimer should also state that anything the Veteran agrees to, will be used against him when filing for a claim. If the Veteran DOES NOT sign it, it should NOT be admissable as evidence for the record. Complicating...YES it is. However, it appears that the VA has the upper hand here when they USE this info AGAINST Veterans. Afterall, this is a LEGAL PROCEEDING! All of this should be AMENDED into Title 38!

WHY are you on Hadit.com? It's because you are either: #1) DISGUSTED #2) CONFUSED #3) DEPRESSED #4) ALL OF THE ABOVE Well, welcome to the club! I've been jerked around by this VA for so many years it's not funny! I am TRULY at my wits end with these people. This isn't the way WE are supposed to be treated. This is utter BULLSHIT! What I am up against is the fact that my claims folder is in Roanoke, Va. These people here MUST be brain dead! I'm involved with THREE different claims, and have answered to each one of them as they requested, and for some strange reason, they AREN'T reading my replies??? My POA is stumped also! I am thoroughly convinced, that, these people at this RO are suffering from Attention Deficit Disorder! Even after I asked them to transfer my claim, they are STILL in possession of it & are STILL addressing the same issues. This is UNBEF*CKINLIEVABLE!!! I'm starting to bring up "Court Order" threats to force this transfer! Being an EX-employee, my folder is in "Lock File", making it impossible to move it anywhere! As some of you are aware, I used to work at the Winston Salem, NC RO. During my tenure there, I injured my knee while at work. Management made my time there extremely difficult, by means of lies, attempts to force me to quit, creation of a bad work record, controverting my Workman's Comp claim, & finally terminating my employment, while under a doctors care no less. The "games" that these retards have played was unreal!!! All I wanted was medical treatment for my knee. Everytime I addressed a concern regarding a claim folders condition, I was told not to be concerned with that, and to just "Tape It"!!? Yes, I wanted to treat YOUR FOLDER, like it was MY OWN! That's how I expect mine to be treated. Instead, I was chastized for caring. Ironically. these are the same people , who clearly violated my civil rights, that use LAWS to decide on Veterans claims! That case, including a claim to have a lying regional counsel associate DISBARRED, is still pending in Federal District Court! I am a Pro Se plaintiff, and I'm determined to WIN! Why I'm posting here tonight... Several thoughts have crossed my mind, and I want to act upon it. What I'm referring to is a CLASS ACTION LAWSUIT against the Veterans Administration! Not long ago, while surfing the web, I ran across an organization which had brought up the topic of LAWSUIT, and do not remember where or who it was. I should have acted on it that day. I therefore, present the idea to you today, in this post. We, and I believe I speak for the majority of you, are ALL in the same boat. The VA is in complete disarray... *The Health care is substandard... *The Process of resolving a claimants issue(s) are DISORGANIZED... *RO's are overfilled to capacity, and are ready to burst at the seams (folders are EVERYWHERE)... *Veterans files are ON TOP of file cabinets (I do have PICTURES)... *Folders are falling apart, thus files fall out and are lost... *Your valuable documentation is sometimes lost (attached or inserted in wrong folder)... *Folders end up missing... *Claims folders (in cabinets) are crammed in the drawer so tight, that destruction of folder and documentation occurs when pulled OR filed... *A lot of Veterans issues are OVERLOOKED, (especially those that are complex), due to adjudicators being FORCED to resolve so many issues, in so much time. If they don't meet the QUOTA, they are reprimanded (this stupid procedure leads to missed issues. If they meet the QUOTA, they{THE TEAM} receives a CASH BONUS per quarter and/or year! The quota system should be ABOLISHED, and MORE PEOPLE HIRED to expedite backlog)... *A growing majority of Adjudicators do NOT use COVERS to let others know where YOUR claims folder is located... *Some hospitals aren't fit for pigs to live in... *Clinics are slow to set appointments... *Doctors are assigned to Vets, that do not specialize in a Veterans ailments, thus causing the Veteran is forced to wait 6 more months+ for a more specialized doctor (if you want to call them that)... *C+P exams are anything BUT favorable for Veterans... *YOUR ELECTED OFFICIALS are voting for the cut of YOUR benefits, all due to a FAILED ADMINISTRATIONS policies... These are just a FEW examples... NOW...THE BOTTOM LINE... I am a WHISTLEBLOWER, and I have reported: Gross Waste of Funds, Gross Mismanagement, & Abuse of Authority, to the President of the United States, my Senator & Congressman! My claim of whistleblowing is now defunked due to the inability to obtain counsel, & the confusion that Regional Counsel (opposition) presented. I therefore, decided to persue this (evidence) in the EEOC case! Anyway... The VA is BROKE, DISORGANIZED & CORRUPT! This has been an ongoing problem for a while now. No matter how many of us complain, it DOES NOT IMPROVE. On the contrary, it IS worst! So, where do we go from here? Congress, nor the Senate seems to give a rat's ass about the way this agency is in severe default. New appointees, PRETEND to care, but are only out to follow their budget. So, what's left to do? My opinion??? An UPRISING is the only recourse that is left. In the next few days/weeks, I'm going to obtain an address to receive mail. I don't think it would be a good idea to give my home address. A PO Box is more realistic for this. WE, as Veterans, were promised assistance upon discharge from the Armed Forces. This crap that we are going through, will NOT be tolerated anymore. I don't give a damn if you are Peacetime or Combat Veteran...a VETERAN IS A VETERAN...PERIOD! Where I decide to have all this mail sent, my plan is, to announce it to the Media and PUBLICISE IT. In short, that's how the SH*TSTORM is going to be started. It doesn't stop there...that act is the WAKE UP call for other Veterans to address their concerns. That'll also alert the "Ambulance Chasers" to persue legal recourse. Try calling an attorney on your own...you have a snowballs chance in hell of getting anywhere with these jackasses UNLESS you possess fistfulls of ca$h! I'm not looking to bankrupt the VA. Just slap them back, like they have been slapping us. ENOUGH, "IS" ENOUGH...I've "hadit"! Just curious...Give me your input on this idea. Also spread the word to other Vet's! Thanks! Bruce M. McLaughlin

Believe it of not, when I volunteered back in 1975, I had gone in with 3 Knowles (screw Pins) pins in my left hip. The pins were in place, due to an earlier in life, greater trochanter neck garden 3 variety. It healed well. I ended up injuring that hip in the service. I was awarded 10% from the VA. One pin appeared to have penetrated the Acetabular (joint space) and was damaging the the socket. In 1977, I was operated on by a VA doctor (quack) and he had removed the retaining nuts, clipped the pins even with the bone and called it a day. The penetrating pin was still in the joint. When I spoke with the doctor, he had stated that he could NOT remove the pins from the bone. So instead, he removed the fasteners, and clipped the pins to the bone. His INCOMPITENT procedure, has been described by another doctor as "Unorthodox" at best. Thus, MY claim for an 1151 In a few months, the pins are taking their toll. It appeared through x-ray that another pin was entering into the joint space. Now...what makes this interesting, is that these "Prosthetic" devices are starting to shift. There is a statute which covers for a shifting prosthetic device, BUT that isn't a pin, is it? Isn't that established primarily for a THR? Can I amend a law which would cover ANY FOREIGN BODY surgically implanted (eg: pins, plate, screws, etc.)? OR.... Is there one in place, but I failed to see it. One last issue... Is it considered "Unothodox" to remove the nuts from the pins? The Knowles pins and nuts are a KIT. Zimmer is the manufacturer of these pins. Can the pins be installed without the nuts? Does anybody here know of an Orthopedic surgeon that knows the answer to this? Nobody wants to answer my question, in fear of having to appear in court! thanks! hollywoodncatmpr@yahoo.com

Hello Berta! It's always good to read your posts! In regard to the DRO thing though...I have to disagree. It's a total waste of time, and in my opinion is a Gross Waste of Funds, AND A Gross Mismanagement of Veterans files even having a DRO investigate a claim! WHY should there be a DRO investigate a claim, when the Adjudicator should take the time to review it in it's entirety to begin with? The answer is due to the Adjudicator having to review "X" amount of folders within a specific length of time, or he/she's reprimanded for not being productive as a "Team" member! It's a joke. So NOW, the VA comes up with a DRO who sounds like a person that reviews a case in it's ENTIRETY! It's a SMOKESCREEN, AND A CROC! DRO's suffer from A.D.D. just like the majority of Adjudicators suffer from. People are NOT paying attention to detail these days. If the DRO is nothing but a "Team Leader"...than I'm correct in my assumption that it shouldn't be an "alternative" step to be taken. I've seen first hand what a team leaders office looks like...and it isn't pretty! There are folders everywhere!!! In some cases I couldn't even see a desk! If they had to answer a phone...FORGET IT! I'm not exaggerating here...this is true, at least at my prior RO! The VA can be an efficient machine, by simply hiring & training more people. People at these RO's are SEVERELY UNDERSTAFFED! The paper way of handling this is prehistoric, and should be converted to electronic. OWCP has done this, and it works. That would free up more real estate, and allow for the hiring of more people. Do you see what directors are doing here? To HELL with the Veteran...I want my bonus! Upper management DOES NOT want to do that though, because that would affect their budget...and their CASH BONUS! So, it goes without saying, that DRO's are a false hope for Veterans, and a total waste of time. It's just another ploy by the VA to convince the Veteran to shift his attention to another individual, so as it doesn't detract from the Adjudicator to process "X" amount of claims. After all, these RO's compete for a CASH BONUS if they produce or rate so many claims per month/quarter/year. These people should zip through their local RO's, and jump into a BVA hearing...specifically a VideoTeleconferance! Last, but not least...a FEDERAL TRIAL! Life's to short to play VA politics! When you take them to the court level, you're telling them that you mean business!

Hey Brenda... I'm not a doctor by any means, yet I do debate with these clowns when they try to "HOODWINK" me regarding my ailments. Stick to your guns. Anyway, I noticed that your spouse(?) is suffering from a knee condition, and I just wanted to add my two cents on this topic. WHEN he is rated for a Service Connection for his knee, consider that he has additional conditions that might occur: #1) An atrophic condition (same leg) by means of him "Favoring" the painful knee. ROM of the hip should be conducted & the physician should be listening for Crepetance of the Hip & Knee... #2) Depending on his GAIT, will depend on other conditions occurring, such as Cartilage deterioration in opposite Hip, and opposite knee. The placing of 75+% of body weight on one hip vesus the normal 50%... #3) GAIT leads to Pelvic tilt, or "Waddling Gait", thus, Sacral/Lumbar deteriorating conditions occur. #4) When number #3 occurs, and depending on severity, and osteophtye development, could lead to nerve impingement. I'm not trying to alarm you...I suffer from the EXACT CONDITIONS! The deciding factor to win this, is an MRI of ALL conditions, and have an expert render a diagnosis. X-Ray, shows a condition, but NOT the severity of it! I was awarded SSDI because an X-Ray DID NOT show an L-5 nerve Abuttment, but the MRI did! My advise...get one done if you want the VA to decide in your favor, without putting you through the Bureaucratical BS! I hope this helps.