Dave Jones

Here's a good one! In 2007 after just entering VA's medical systm I was diagnosed with diabetes 2 mellitus resulting from my exposure to agent orange in Vietnam. Keep in mind I was a newby to this system and filed a claim on the advice of my dr. Immediately, I received a letter from my R.O. stating that they disagreed with the dr's diagnosis there by denying my claim and stating they could see no evidence of my exposure to AO during my tour in Vietnam. Being a newby I wasn't concerned about safe guarding letters and communications from VA so through the years I lost their letter rejecting my claim. I didn't appeal because I was of the opinion you cannot fight city hall. Also I was not aware at the time that Sec. Gober declared that all diabetes 2 claims resulting from exposure to herbicides in Vietnam would be accepted by VA, this was five years before I filed my claim in 2007. Fast forward to 2016 when I filed again after I was informed that I would no longer be required to pay for prescriptions that I received as a result to exposure to AO. Naturally I said " WHAT THE----" and filed another claim and was accepted by the RO and given an effective date and a disability rating. This occurred May 16 and payments were to start on the first of June. I filed an NOD and told them that my effective date should be Aug. 2007 when I first filed. They denied that earlier effective date stating they had no record of my filing a claim or a letter denying a claim. I am presently trying to find that one case that I can use to get the review board at BVA to review my case and render a judgement in my favor.

I too have ben searching for cases involving the " adverse presumption rule " and although I have researched hundreds of cases where the veteran and his representative try to introduce that " rule " I have not found one instance where the court will find that VA was guilty of intentionally fouling, losing or destroying veterans records even in spite of the O.I.G.'s reports of 2008 and 2015 and admission by VA employees that they willfully destroyed veterans files and management failed to implement the safe guards by the OIG to prevent just that. It's kinda like trying to find one doctor to testify against another doctor for mal practice. It hardly ever occurs. My e mail is itowdavej@yahoo.com. Let me know if you find such a case.