Commander Bob

sorry to hear about your lost records, Raybob. Good Luck on getting it straightened out. I know it has been a heavy load, however, ...we must push on... Cmdr. Bob

Sweet!! Congratulations! Good luck on the other issues. It sometime seems like there is no end to this. I pray for daylight, someday... Cmdr. Bob

Thank you, Berta. As always, your help and insights are priceless. I made sure to make it a point to use the word "type", when I posted .."My medical records truly reflect a PTSD type condition in 1968. " Yes, PTSD was not recognized as a condition back then, however the symptoms are well documented in my mil./VA med records. With the insights of today, 2013, I would hope that a professional could read my old records and see the condition, way back then. Yes, Berta, I agree with you, this must plague many old combat wounded vets from wars, long ago. I am trying to resolve it. How do we overcome this historical flaw? Your wisdom is greatly valued, Bob

From what I have read here, Alleta, I see light at the end of the tunnel for you and your family. I hope it arrives in a timely manner. My most positive thoughts are with you and your husband. Cmdr. Bob

Thanks Pete. Bob

Greetings, Jeff Beer, and welcome aboard. You say " I had completely "had it" (sorry) with the entire system, and I pretty much gave up." .. I understand. I gave up on the VA about two and a half decades ago. I was also surprised how" the regs have changed (dramatically),". Glad to see Berta has responded. Thank you, Berta. Good luck on your claim, Jeff. You are not alone. Cmdr. Bob

Yes, deanbrt, I understand. However, when the reschedule was first offered, before my visit to the BVA judge, they were just going to put me on the bottom of the pile, and "notify me at a later date. " I walked out of there with a solid re-hearing date. Big difference, my friend. Thanks for your interest and support. Bob

Well, it looks like you were on target, Carlie. I had a case of deja vu all over again, yesterday. I found out that the rescheduled BVA hearing notice had an error. A clarification of the date is required because no month for the BVA hearing was indicated in the letter. On Wednesday, at the end of the BVA fiasco, I was so stressed, and I left that place in such a hurry, I did not even open the VARO envelope until yesterday, and discovered their mistake. So, I had go back to the VARO and resubmit the paperwork. Now, I have to wait again, until they get back to me. It's beginning to feel like Groundhog Day!! Your understanding and support is truly appreciated. C.B.

Yes, John. you are so right about getting a lawyer. Thanks for the direction. After trying to work this out in a non-adversarial manner, I have no alternative, but to find a good lawyer, who is really willing to help. Best wishes, Bob

I had no other choice but to go to the BVA hearing alone, deanbrt. The VARO failed to give me, or my rep a timely notice which is required by law. The BVA hearing notice was received 9 days before the hearing date According to the notice, two weeks written request by mail was required to reschedule, and my NSO was already committed to his DC trip. If I did not make an attempt to appear at that scheduled BVA hearing date, then I would have been placed at the bottom of the pile, and who knows when I would have gotten a new hearing date. It wasn't until I appeared for the hearing, that they offered to reschedule. So, I had to insist on being heard in order to get an earlier date, otherwise, it may have taken many more years of waiting, if I had accepted their automatic rescheduling. Thanks for your support. Bob

LOL, carlie. Funny you should ask... Well the day wasn't a complete washout. I did get the May 11th do-over date. The VARO's, 'Traveling BVA', coordinator knew that my poor NSO rep was out of town, sick as a dog, & freezing his azz off in a blizzard in DC. Maybe they were lunch buddies, or something. After all it is just one big happy family at a VARO. Well he must of asked me if I wanted to reschedule the hearing about a half a dozen times as he took me down the hall to the little conference room the BVA judge was using. I declined the reschedule, and was determined to have my case heard, after waiting almost 5 years. The Judge didn't want to hear the case without my rep being present, and thats when he said, he " didn't want to waste his time with this today"... I politely and respectfully went off on the Bastard. I said. ..."and what about the veterans time?" I explained how the wait is very stressful, and is literally killing some vets. suicide, etc. etc. I mentioned how blazay he came off and how adversarial he came off. etc... After that, the VARO supervisor went in the back and came out with a new "Notice to appear letter" for May 11th.. I found no friendly, helpful faces behind that BVA hearing desk, that morning. Needless to say, I'm searching for a "Philadelphia (type) Lawyer", as we speak. This strengthens my resolve... No matter how hard they try, "I will not go quietly into the night."... C.B.

Traveling BVA judge refused to hear the case, Yesterday... He said my Rep. has to be there with me., VARO rescheduled it to May 11th... Thanks for all your support and insights. I'll keep you posted. C.B.

As a post script to this CUE ridden, VARO's misadventure, and it's bogus BVA hearing. I know I don't have a chance to bring this claim to a successful end at the BVA hearing, Wednesday . However, let me state this clear, I have no intentions of giving up. I have resigned myself to prepare for a remand, or reschedule, and then come back at a later date, and clean their clock. I am truly willing to wait till hell freezes over to find the justice this combat wounded Vietnam vet has earned. C.B.

Thank you all for your support with my up-coming BVA hearing. I will feel that I am not alone when I walk into that hearing room, this Wed.. The true reality of my claim is, ...this is a CRSC related issue. I will call it a win, If the DVA will admit, and show a PTSD combat-related event caused the condition, . The rest of my claim and the EED issue, is more for justice and historical value. Again thanks for your perspective and wisdom, Cmdr.Bob

Hi carlie, Thanks for your intrest. It is very much appreciated. Regarding help from my service organizations, I was hoping there would be some NSO back up, but this VSO only keeps a small office, with limited employees. So it looks like I'm on my own. Regarding the EED. As John pointed out, "It is what happened at the earliest possible effective date that matters in my opinion." My medical record truly reflects a PTSD type condition in early 1968. My early 1968 military medical records note PTSD type symptoms on several daily med note reports. For a few years after I got out of the service, the local VAMC refused to treat my readjustment health problems. Mostly I got "Blue Sheets" written up by the staff and a boot out the door. Then VA records show a NSC rating for that condition so I could get treatment. Sometime in 1977 It was changed to a 10% SC condition. w/ 2 years retro. For the next twenty years my med records are littered with notes that reflect PTSD type symptoms. After that, I gave up seeking care thru the VAMC for the next 20 years. The place just triggered my PTSD when ever I got near it.... This SOC, Reasons and Basis section cites records and notes, only going back to the time I refused to go to VAMC for treatment. A 1985 C&P exam was also cited. It amounts to the ramblings of an old Dr., (easily refuted by the record) , & parroted by 2 novice PhDs during this last 5 year claims process. again easily refuted with facts. If I can just get the BVA judge to look back four decades with the insights and understanding we now have in 2013, JMHO, it clearly shows combat related PTSD with an onset of 1968.. Thanks for any insight you can provide, C.B.

Interesting read. Thanks 'asknod', for your in depth research into this issue. JMHO,...I think it's too early to tell. I believe reasonable heads will prevail. Thanks again for your insights. Cmdr. Bob

I keep telling myself to focus on the main issues, supported by the documents in my complete record. I am also wondering, if it would "muddy the waters" by mentioning the many VARO blunders and administrative CUEs, or my request for protection under the "Whistle Blower Act" during the shredder-gate fiasco, etc... There are just too many rabbit trails. However, if I don't' bring these things up now, at the BVA hearing, and if my appeal is not resolved, would it be allowed later, up the chain of appeals??? Much pressure riding on this Wednesday... Wow what a trigger!!! After 45 years, it could all be resolved on March 6th. Cmdr. Bob

Thanks John, I truly appreciate your thoughts and support. Bob

LOL. I should, however, I'm sure they would see that as a reason to bring out the tazer~