The Corpsman

That is fantastic...good for you! I hope the rest of us will be able to post a success story sooner than later.

This has always been the problem of the VA (VBA and VHA)...in my early activist years I and a few others were able to discover by doing the math that in any given year VA grants 4% of claims pending; this number had nothing to due with claims filed in any given year. I doubt that this has changed...when you think about it as the number of filed claims increases, the number of granted claims remains the same, creating the backlog of paper claims. What do they do with all this paper? It begins to pile up in offices...put it in boxes...don't bother to open it, just put it in boxes. As boxes fill up rooms, storage space must be found or records destroyed. When VHA went to computer records here at Hines...the old paper medical records were dumped into a storage room...the stacks of paper medical records was from floor to ceiling. When you asked for copies of things that you had in the paper record, it was easier for the medical records technition to say that it was lost than to go to the storage room to look for your records. This is similar to the fire in the St. Louis record center. That place must have been huge for all those records to be lost in that fire. Guess again, if the records are in storage, no one wants to look for them because there was no system for storing old paper documents in these places, so they threw them in boxes and threw the boxes into storage rooms and stacked them as high as the ceilings. This is your VA at work for you. This whistler is not the first and won't be the last, we complained about this up the chain of command in VA back in the eighties and the nineties. You must keep copies of all your records to date...and those who have cases that are still pending for thirty years or so, because of lack of medical documentation by VA medical centers...check on the date that your medical center went to computer records and then ask what they did with all the old paper charts from before the computerized records.

My orriginal claim for IU was made on this case as my service connected disabilities were rated at 60%. But when they said their decision was a clear and unmistakenly irronious, they took it away. Now that one of my sc is rated 70% and is the direct cause of my IU, I sit here waiting for a decision from RO on restoration of my IU and my compensation to increase to 100% equivilent.

Well, if Chicago is the best, then the whole system is for CRAP!

That would involve special compensation for loss of the creative organ from overuse. HA! HA! HA! But Larry is right the diagnosis of adjustment disorder is a nightmare for a veteran with PTSD.

Adjustment disorders and mood disorders are easier for VA to claim they existed prior to entry into the military. That your family relationship was not what it should have been as you grew older. Just another way to avoid PTSD.

Yes, this is fishy...you have PTSD but no Stressors, you have stressors but no PTSD. This is with the doctors at the same VAMC? What VA is doing is doctor shopping to get the opinion that will deny your claim. They may even declare that the codition doesn't exist at all since the doctors are unable to agree. You are in a pickle and it may be time to get your Congressman involved here...a congressional inquiry is the VA's worst nightmare. See what others have to say about this.

In Illinois property tax is paid to counties. I live in Cook County (Chicago suburb). Cook County offers two exemptions based on disability rate. You must be at least 70% or more to get maximum benefit.

I don't know about you, but I sure was taken back by the fact that the Regional Office Chicago is like a locked down fort with the veteran having access to VA employees, one at a time. You enter and must be screened for weapons. Past screenining is a foyer with washrooms and a large waiting room with a window at one end of the waiting room. There is a long hallway off to the side of the waiting room that has the offices of the service organizations. That is as far as you are allowed to go. The claims are handled on the upper floors somewhere. The only contact with a VA employee is at the window in that waitng room. They take turns at the window, must be some sort of division of labor or self-preservation. That's Chicago...What about your Regional Office? What is it like? Are they the same...locked down forts?

Unless you specifically have enimies at your regional office, or you have a political drone who is following orders from higher up, it has always been the policy of VBA to look at the initial claim when the vet has asked for an increase in disability. When private doctors are saying something totally different than the VA medical record records record, that puts up a red flag for these case workers. Everytime you reopen your claim it is their job to see that the original case holds up under scrutiny. Vets lose benefits and Vets lose disability completely if they can't document that their disability has not improved from the time of the initial award...just as you must prove that the disability has deteriorated to grant that "what" you seek...the increase in benefits. The Corpsman Sam

One claim NOD at RO Chicago.

I should say so...that, that was a great victory. I will keep the forum updated on any new developements in my case. Thank you very much. Sam, The Corpsman

Well, a Judge can not award disability from the Federal District Court bench, but a Federal Judge can right awrong and reinstate what was already given. This is just one aspect of this case. The government says that Congress has provided measures for me to to settle this case out of court in the government agency...The judge specifically mentioned EEO procedure. But EEO requires that the two employee has direct access to each other as employees. This is not the case here as the Service Center Manager worked fo BVA and I worked for VHA and there is no Supervisor or co-worker relationship between us. The VA also does not award emotional damages, only a court can determine this. Sam, The Corpsman

To Berta: I found a past post of yours concerning me...note the date and content. ____________________________ Post #1 Aug 27 2008, 07:28 AM Sam Hennon-the vet in the recent Watchdog story- got so much support lately he had to send out form letters of thanks to all who emailed him- I wanted to get him for my radio show but I think Gene Simes already contacted him for the VFVC show- I agree John-I bet it is a lot worse then we think ___________________________________ No, I did not get on Gene's radio show and what did you mean by " I agree John, I bet it is a lot worse than we think."? Sam, The Corpsman

Now this started in 2007 and since they took the 40% away, under new service center management at Chicago Regional Office, I have been awarded an increase in my service connected disability from 50% to 70% and with the other sevice connected disability at 10%, I am at 80% now and qualify for IU and have submitted the paperwork and found out yesterday that it had been received, but no action has been taken on it as yet. It has been at regional office for two months now. Sam, The Corpsman

_________________________________ Larry, what a profound post! Thank you for your observation. It truly is the truth as I live and breathe. Sam, The Corpsman

To Carlie: Here is the answer your question. _______________________________________ My question is - prior to the reduction -- did you recieve a proposal to reduce ? _________________________________________ Yes there was a notice of proposal to reduce benefits. PVA as my representative did not advise me how to handle this action…this was due to the inexperience of their service officer at Chicago Regional Office…this prompted the letters of complaint and the rest is history. Sam _________________________________________ Thank you for your question. Sam, The Corpsman

To Pete 53: Thank you for your question. Sam _____________________________________ I do not understand how the VA thinks it can take away a Veteran status cause the Veteran is an employee? _______________________________________ Good question and it is obvious that the two are inseparable. VA has this nasty idea that it can do whatever it wants. That it does not have to follow its own regulations and can rewrite federal statute to suit its own purpose at any particular time and in any particular case. Maybe change will come with the Obama Administration and the new Secretary of the VA. But we can not let our guard down and our vigilance wane. We must continue to be "Watchdogs" for the sake of all veterans; past, present and future. Thank you for your Question Sam, The Corpsman

To Berta: Thank you for your reply. I will try to answer your questions as best that I can, but reading your post, some of your questions can not be answered fully without revealing legal strategy developed by my lawyer, whose name is Armand Andry. He is a Constitutional lawyer, and has had and won many cases against the VA. He has also had many cases involving the U.S. Attorney in this federal district and prevailed against him. What I am getting at here is he is not intimidated in the least by the VA or Patrick Fitzgerald and his associates. Sam ______________________________________________________________ "Because you received the flu shot at Hines as an employee and not a veteran seeking treatment from the VA under any law administered by the Secretary, you do not qualify for compensation under 38 USC 1151 for disabilities resulting from the flu shot and the grant of compensation for these disabilities by prior rating decision dated October 4, 2002 was clearly and unmistakably erroneous and therefore, we must severe service connection for this condition." "But the BVA will not recognize the disability." Can you give us the Citation and Docket number for this case? ___________________________________________________ No, because no such number exists, this was a rating decision asked for by me, for them to change the diagnosis of the original rating and consider the new evidence and diagnosis for the deferred issues in my original award. Now when PVA submitted this new evidence it was a package of evidence that was over 100 pages of germane documentation including C&P exams never considered in the rating, medical records, and nexus letters from various physicians. I personally think that all of this no longer exists at RO Chicago. I have never heard of an initial decision being written by the General Council Office of VA Washington, D.C. yet, mine was written by R. Sybala, the former Director of Disability, who at the time of my decision, was part of the General Council's office. In the body of this decision it states it was made by all evidence submitted (the evidence was not itemized) and the opinion of the head of neuro-research at Johns Hopkins, an institution that receives millions of research dollars from VA. I have no way of knowing what RO Chicago sent to Washington but it is my impression that all of this documentation should be part of my C-file yet, upon inspection the first time and second time none of this was present in my C-file, not even the results of the nerve biopsy that confirmed that I had suffered severe neurological damage. So the next step was a Letter of Disagreement. At the council of my new service rep and my lawyer this was not done, the reason being that they were trying to reclaim all monies paid to me; I was walking into the spiders web, if an appeal was made. It was fate that allowed me to see the altered C-file, before I walked into their trap. They may have even declared me as filing a false claim and prosecute me for wire fraud and put me in jail as was done in Wisconsin not too long ago (R. Sabala was involved in that case, too). I hope this answers your question. Sam ___________________________________________________________ Didn't the VA send out press releases encouraging all vets to get the flu shots? __________________________________________________________ Yes, and they sent them to employees, too. Berta, I have been an RN for 35 years, now. I felt, from those earlier days, that it was my duty as a health care worker to be vaccinated as so not to expose my patients to the flu. As I said, this flu shot, in particular, was my 26th in my career. Until 1999, after that vaccination, I had no reason not to take one. Needless to say, I have not taken one since. I have also not had the flu since the early 1970's. Sam ____________________________________________________________ How can the VA state that you were not being treated as a vet-regardless of whether you were employee or not? ___________________________________________________________ This is a rhetorical question, Berta, and will be answered later in court with some such legal action taken by me. Sam ____________________________________________________________ Why aren't you pursuing a judgement against the service org? ____________________________________________________________ This I can not answer completely at this time, but it has to do with discovery issues and that is why the U.S. Attorney is trying his best to prevent VA from being discovered. Remember that the U.S. Attorney was representing all three individuals in this action. He would have access to the documentation being held by PVA. Then when the time was up for a response to the complaint, he was no longer representing them and they failed to answer the complaint, which put them in default. At this time we are not ready to claim our victory here (legal strategy). Sam __________________________________________________________ You have plenty of recourse here-I just hope you have a good lawyer- BTW who is your lawyer? _____________________________________________________________ Armand L. Andry & Associates Attorney At Law One South Dearborn Street Chicago, Illinois 60603-2307 Sam ________________________________________________________ forgot to ask sooner- did you sue them under FTCA? ________________________________________________________ The Form for FTCA was filed with VA Chicago Regional Office and was time and date stamped by RO. I have a copy of the form, It is a missing document, also. Sam _____________________________________________________________ Thank You, Berta. Sam, The Corpsman

Thank you all for the replies...it is late Wednesday night and I am tired. I will do my best to answer your questions in the order they are posted Thursday. I have a few questions of my own that I need answers to, too. Sam, The Corpsman

If anyone has any questions or comments or criticisms, They will be received with respect. I will try to the best of my ability to answer any questions you might have. I will receive your comments, suggestions or criticisms with respect. Sincerely, Samuel Hennon The Corpsman

CUE AS WEAPON OF RETALIATTION TO TAKE AWAY BENEFITS Well thank you for letting me be a part of your forum. I have nothing to hide and everything to gain by this fellowship with you. As you may or may not know I filed my case in Federal District Court here in Chicago on Sept 17, 2007. Larry picked up the story and posted it on the "Watchdog" several days later. The case has nothing to do with benefits other than they were used as a weapon against me. They used CUE to take away the benefits in question. The court case is in itself a civil rights action ( Bivens Action under the 1st Amendment) taken under the pretext that the three individuals named in the suit conspired and orchestrated the severance of my 1151 awarded benefits (awarded over 2002 to 2004) in retaliation for my activist stand against two senior members of the stated Service Organization and the Service Center Manager of RO Chicago in 2006 in violation of my 1st Amendment right of protected speech. After my letters of complaint went out it took VA less than two months to sever my rating of 100% down to 60%. Much has happened since I filed the case, but we still have a long way to go to win this thing. Here is the news item as it appeared in September 2007 _________________________________________________________ ABC 7 News (Chicago) Sep 19, 2007 September 17, 2007 - A disabled Vietnam era veteran says his disability benefits were withheld by administrators after he spoke critically of the handling of benefits claims by the Veterans Administration and the group Paralyzed Veterans of America. In a lawsuit filed in federal court Monday, Samuel L. Hennon says he is a Vietnam era veteran of the U.S. Navy and, since his discharge in April of 1971, he has received disability benefits "associated with injuries from his military service." Hennon also has received benefits -- under the Federal Employment Compensation Act (FECA) -- as a result of the effects of a flu shot he was given in 1999, "in association with his duties as a registered nurse for the Veterans' Administration," the suit says. Hennon has been a registered nurse for the VA since 1972. The flu shot he received in 1999 resulted in his contracting Guillan Barre Syndrome -- a nervous system disorder which can increase in intensity until the person is almost totally paralyzed -- "and other related ailments preventing him from continuing in his employment." Hennon's service-connected disabilities were submitted for review and occasional update by defendants Bo Rollins, Director of Field Services, Paralyzed Veterans of America (PVA), and Charles Ed Rogers, National Field Director for PVA, the suit says. At the same time, Hennon has "acted as a representative and advocate for other veterans in the obtaining of benefits to which they are entitled," according to the suit. "In connection with his advocacy on behalf of other veterans," Hennon says he "has been a vocal critic of the handling of veterans' benefits claims by both the VA and PVA. As he assisted more veterans in their claims and expressed increased criticism of the handling of those claims by the VA and PVA, defendants began to interfere with the updates of benefits [he] received based on his service-connected disabilities and [his] FECA benefits." The suit alleges Rollins, Rogers and Michael Stephens, Veterans Service Center Manager for the VA, have "acted to withhold increases in benefits to which [Hennon] was entitled because of his advocacy and criticism." The suit also claims Hennon has "been denied increased service-connected disability benefits and FECA benefits be defendants' actions to deprive him of his rights to those benefits." Since his criticisms of the VA and PVA are protected speech, the alleged actions by Rollins, Rogers and Stephens are a violation of Hennon's first amendment rights, the suit contends. The suit seeks unspecified damages. _________________________________________________________________ Now they used CUE in this way. I had been employed as a nurse for the VA since 1979 (typo in the news item). When I was retired disabled I had served the VA and veterans for 22 years. I was completely devastated physically and mentally by a very rare and bazaar autoimmune reaction to a VA administered flu shot. This was my 26th flu shot and I had no idea or warning that such a reaction could and would take place on October 22, 1999. I was service connected and receiving care from VA for my service connected disabilities since 1984. VA was my primary care giver for these medical conditions. When the VA offered flu shots I got one from my clinic just like anyone else. I went to the service organization at the urging of some veteran friends who had spinal cord injuries (I have Life Memberships to PVA, DAV, AMVETS and NAUS). A claim under 1151 was filed on my behalf by the service organization named in the suit. By 2004 all was settled and after an RO administrative review the award including 10% for IU was awarded to me. But the 1151 only included a tenth of the vaccine related disabilities, the rest were deferred. Now some people have said you had 100% why rock the boat. Well there were supplemental ratings that were never considered, such as incontinence of urine and involuntary bowel movements, restless leg syndrome the increased psychological damage done by the total disability and many others including the loss of the creative organ and the spinal cord damage done by the autoimmune reaction; well documented by VA physicians and private physicians. This of course meant that private insurance would pick up the bill for these conditions; so I was paying for what they had accepted as their responsibility as the giver of the flu shot and my primary care giver. To file this claim was my right as a veteran injured in the care of a VA hospital. The VA made its award on what they considered to be the diagnosis for my leg weakness only (Guillain Barre Syndrome). At the same time, under federal statutes covering federal employees, a claim was filed with the US Department of Labor (FECA). Now this is not like concurrent receipt. There is no law that states that dual compensation was illegal unless it was for the same condition. I had two different diagnoses from two different Government agencies. I won the FECA claim and received my compensation with the help of Rahm Emmanuel, who was my congressman at the time. The Department of Labor physicians made a different diagnosis than the VA physicians. After all was said and done I had had 23 different neurological opinions with the only consensus being that what happened to me was caused by the flu shot. Yes, I know this is very confusing for you. There is no section in the VA Disability standards for a reaction to a flu shot. Section 1151 was my only option here and finding a lawyer to take the federal tort was next to impossible at that time. While the VA and DOL were sorting the whole thing out, I was fast approaching foreclosure on my house and bankruptcy, as I was not receiving any benefits from either agency. Disabled, the VA demanded that I return to work, the DOL said that VA must accommodate my disabilities by providing me with a desk job at a special workstation made especially for me and provide mobile transportation at a cost of close to $100,000. VA provided me with the transportation and the desk job, but not the workstation claiming the accommodation was too excessive. VHA and DOL decided to retire me disabled and my records were sent to the US Office of Personnel Management were their physicians retired me with yet a third diagnosis in 2003. The BVA completed and granted the 1151 in 2004 and then using CUE took 40% away from me in 2007. This then prompted the lawsuit. Their wording was this and I quote: "Because you received the flu shot at Hines as an employee and not a veteran seeking treatment from the VA under any law administered by the Secretary, you do not qualify for compensation under 38 USC 1151 for disabilities resulting from the flu shot and the grant of compensation for these disabilities by prior rating decision dated October 4, 2002 was clearly and unmistakably erroneous and therefore, we must severe service connection for this condition." So, for the purpose of this flu shot, my 26th, I was an employee and not a veteran. How do you strip me of my military service when you recognized my time spent in the military, you give me services for my service connected disabilities, and give me a 10% hiring preference for my disability? Why are the flu shots not listed in my employee health file, because they are in my veteran medical records! Where is my employee health file? Hines says that I either stole it or it is lost (this accusation is in my C-file) All the while I was fighting for better care, full funding for VHA and helping other veterans with their claims as much as I could. I was the founder of the Veterans Voting Block, The Illinois Chapter and was broadcasting on internet radio WVBSR. I was a big time activist in the Chicago area, belonging to Veterans for Unification here. The VA knew me long before this as I was part of the biggest settlement awarded to any Veteran to that date. The award was made to a young US Army vet who had been cut in half by a tank in Germany. His case came to Federal District Court for VA's failure to provide necessary equipment for him and his father to take care of him at home. As a VA Emergency Room nurse I discovered the situation and on my own gave him the proper equipment needed to help him prevent bladder infections that would have inevitably given him sepsis and possibly cause his death. When he got the equipment he got a lawyer and sued the VA and won. Some time after that an upper management type person stopped me in the hospital hallway and retorted that I had cost the VA a lot of money! I responded with a "what are you talking about?" His reply was the name of the veteran that I helped. I said to him…"You don't think that this vet deserved the best that we can give?" He had no response. I cursed him and kept on my way, just doing my job. That was about three years prior to my disabling flu shot. So I was no stranger to the VA. I am a spinal cord injury patient, I am essentially a walking paraplegic. All of this by reason of the flu shot given at Hines Hospital. Since my retirement I have received treatment for these conditions from Hines. But the BVA will not recognize the disability. I went to Regional Office Chicago and requested to view my C-file. I was told that the file was not at the facility. I asked where my C-file was and was told that it had been sent to Washington D.C. On whose authority was this done was the next question. I was told, "by the Service Center Manager." I placed a written request to see my file as soon as it was possible. Needless to say I stopped representation by the service organization that was mentioned in the suit and went to another to be represented. While waiting to see my new representative my request to see my file was granted and an appointment was made. My wife and I and a VA clerk viewed the file in a private room. The file must have just returned to Chicago because there were all kinds of E-mails and post it notes still in the file. My wife and I took notes and recorded specific documents to be copied and given to us. We were told that this would be done by mail. A copy of that request for documents was given to us with a VA date and time stamp. To this day it has never been acted upon by the VA. We discussed an appeal of the 1151 decision which was never suggested by the previous service organization with our new representative. At the same time I went to see the lawyer of that Army vet I help years earlier to discuss the letters of complaint and the swift action taken by VA. We showed both individuals the request for documents. The service rep went somewhere and came back with my C-file. We went through it together with the request for documents. The documents were no longer in the file. The post it notes where gone. The file had been sanitized (shredded?). Now here is the kicker…the new rep and the lawyer without contact with each other said that my decision had been written by the General Council in Washington. Neither recommended filing any appeal. The rep said to me that this flu shot must have caused some effect on your service connected anxiety disorder…document it and we'll file a claim for an increase to70% and then file and get your IU back. The lawyer said "don't appeal because VA is setting a legal trap for you." "They want you to appeal and have the appeal process come to their court (Veterans Court of Appeals) and then, they have got you." What do I do? We called them out into Federal District Court where we can even the playing field for me. The law suit was filed. Now the meat and potatoes, the law suit was filed. The first court date was used to acquaint the judge with the case, establish representation, set a discovery date and set a date for trial. This was simple enough for me to comprehend, never having done this before. It has been a year and a half now and there is no date for discovery and no trial date set. We are still dealing with pretrial motions, one of which I have had to appeal to the US Court of Appeals. This motion is to drop VA from the case and although the trial judge in her decision on the motion appeared to sympathize with me she turned around and ruled against me, thus causing the appeal. We now must wait for the Appellate Court to rule on this. I am still confidant that we will prevail in this. At that first trial date the US Attorney appeared and announced that he was representing all three defendants named in the suit. They had a court stated time in which to answer the complaint. When that day came, the Assistant US Attorney announced to the court that they were only representing the VA and produced the VA response. The lawyers for the service organization did not appear and they were rule in default. Now do you believe that the high powered lawyers of the service organization were caught off guard; or do you believe that VA told them to fall on the sword, thinking I would be satisfied with the judgment against them while VA slipped away out of the suit altogether? Tell me the answer to this question. Who benefits from a review of a disability case that 100% has already been awarded? Not the veteran and not the service organization; only the VA benefits from the review, if disability is taken away. The service organization may have initiated the issue, but I was in the crosshairs of this RO Service Center Manager long before the letters of complaint and this can be proved. The service organization was used by the VA as a cover for what they had in store for this veteran activist (as one of the missing notes from the C-file was "look at the clients website." It was also, I think, told to take the blame for the retaliation. We have not asked for the judgment against the service organization even when the judge told my lawyer he could have it anytime he ask for it. This was too easy! It is discovery that the U S Attorney is trying to prevent from happening. Wonder why? Maybe because there is a clear case of document mishandling that the government does not want to go public. VA must not be seen as violating a veteran's Constitutional rights as a tool to sever benefits. The true relationship of VA to the service organization is another concern of the US Attorney and his VA client. Who is my adversary in this case? U S Attorney Patrick Fitzgerald, one of the best that the Department of Justice has to field in such an important case. So we are waiting on a ruling from the US Court of Appeals on the affirmative motion of the trial judge to drop the VA employee from the case. The suit is half in the lower court and half in the appellate court and so we wait ready to appeal the next ruling, if need be. Make no doubt about it VA is the culprit here in this case and we can not give up. They are scrambling here. I wonder, if the new Attorney General has had the time to review the case. Sincerely, Samuel Hennon The Corpsman