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daklander

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About daklander

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    E-3 Seaman

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  • Location
    SoCal

Previous Fields

  • Service Connected Disability
    10%
  • Branch of Service
    Navy
  • Hobby
    music/golf/Computers

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  1. May well be that I'm a lucky one in getting Nexus letters. My current primary Oncologist kind of hesitated for a while because he said he couldn't prove my cancer was caused by Agent Orange. Once he understood he didn't have to prove it but opine it was as likely as not caused by Agent Orange he wrote the Nexus. The secondary Oncologist I used for a couple of years in another VA system didn't pull any punches and stated straight out the cancer was caused by Agent Orange exposure. The third, a psychologist, didn't hesitate either, in writing up a letter for another condition.
  2. There is a document directing doctors & care takers to write those letters. I'm going through a major website move so I can't get to the files. Maybe someone else here has that document.
  3. Uh Huh, & just not too long ago hell froze over and VA official actually fessed up to certain allegations. VA Concedes Whistleblower's Allegations Were True, Including That It Ignored Veterans' Suicidal Tendencies
  4. The thing is, the proof has been out there for quite a long time. The AF new about the contamination when they shredded 17 C123's back in about 2000 or so, maybe a bit earlier and made the determination that "Patches" could not be used as a "museum piece" due to the fact that she was contaminated. The VA is, as they are on Blue Water Navy issues, ignoring the proof that has been around for decades or is just recently cropping up. You can compare the VA's ignoring the C123 proof to their outrageous stance that dioxin stopped at the land mass or, in the case of Gan Rai Bay, stopped short on a particular line across the bay.
  5. It just keeps getting worse as more and more information comes to the surface. Employees of the Department of Veterans Affairs (VA) destroyed veterans’ medical files in a systematic attempt to eliminate backlogged veteran medical exam requests, a former VA employee told The Daily Caller. Audio from a November 2008 meeting obtained by TheDC depicts VA Greater Los Angeles officials plotting to cancel backlogged exam requests. “I’m still canceling orders from 2001,” said a male official in the meeting. “Anything over a year old should be canceled,” replied a female official. “Canceled or scheduled?” asked the male official. “Canceled. … Your backlog should start at April ’07,” the female official replied, later adding, ”a lot of those patients either had their studies somewhere else, had their surgery … died, don’t live in the state. … It’s ridiculous.” Audio of the Plotting VA's mantra "I CARE," an acronym meant to reflect its core values of Integrity, Commitment, Advocacy , Respect, and Excellence draws fire from America's veterans in need of timely care and benefits. "The VA uses the disingenuous "I Care" catchphrase to veil the truth," says Chauncey L. Robinson, a disabled veteran who served in the Persian Gulf War. "If you ask me, the term best explains how the VA callously treats wounded veterans by -- Ignoring, Concealing, Altering, Rejecting and Expelling their medical and benefit claims," says Robinson. According to Robinson, VA officials destroyed his original benefits claim in 1995 and altered his medical records in 2012. He says, the VA has been processing his claim for Post-Traumatic Stress Disorder (PTSD) and a heart condition for twenty-one (21) years. In June 2012, Robinson joined the Kendall, et. al. v Shinseki, class action lawsuit. The lawsuit accuses VA officials of intentionally depriving veterans of their rights (Case No.: 12-330-CV LMB, filed June 26, 2012, U.S. District Court for the District of Idaho).
  6. The latest: We are now on a stay and in negotiations though my case has been put on the docket to go before the panel. The VA requested a delay until Feb 19th and just the other day a motion was made to continue the delay for 15 days so we are now at March 6 2014.
  7. Excuse, and a bad one at that. Conflict of interest my ass. She is more concerned with the CYA method of service to Veterans. I've had two VA Oncologists who have written Nexus letters regarding my cancer and it's cause, and I've had a VA physcologist write a Nexus letter pertaining to PTSD.
  8. Here's the latest news John. Here's the order from the court issued on the 10th. My attorney and I have had a long conversation about this as well as email notes. We were hoping at least for the remand and consider us in a probably winning situation now. If this goes to remand I'll retain his services for the lower court or VARO, where ever it's remanded to. Max has been one hell of a bull dog on this case and has not missed on any of his projected possibilities as we've gone along. It is ORDERED that this case is submitted to a panel for decision. Pursuant to Rule 34 of the Court’s Rules of Practice and Procedure, the Clerk will schedule oral argument as the business of the Court permits. We are still in negotiations with the VA and, after discussion with my attorney, we agreed to a Joint Motion for Remand request be submitted. The VA folks are the ones who apparently made the first move on this. My attorney believes it is, as we knew going in, the VA had made some erroneous decisions, one in particular was their denial that a pier is part of the land. What prompted my decision here is time. If we decided to go with the panel and oral arguments the time factor would have increased by some unknown factor since it depends on the panel's schedule. That's the big disadvantage. If I was sure I had enough time left in this world I'd have gone that way for the simple reason that a win there would set precedence in some particular areas of my claim. Those precedences would then apply to other Veterans' cases with the same of very similar claims. Of course, on there could also be the downside of a denial which would also then carry precedence. We feel the remand is the quicker option and, holds a better chance for an approval of some parts of the claim and any approval is a win, as has been the order to be heard by the panel and subsequent decision by the VA to offer the remand. So, all in all, we feel pretty good about the status to this point.
  9. One could be that they came to the conclusion that I'm not qualified to identify an agent orange barrel, a barrel that was used on the ship as a BBQ Grill. They also, against maritime rules, determined that the pier at Danang harbor is not part of the land because, as they claimed, Danang is wide open to the sea.
  10. I don't think there's a lack of stones on this guy. He's been like an f'en bulldog and we had an answer for every VA reason for the orignal denials. We'll see how it goes in next couple of weeks.
  11. My case went to the CAVC in March of 2012 and to a judge in August of 2013. Yesterday I got an email from my attorney. The Court has looked over your case, and identified it as a possible case for oral argument. Oral arguments are very rare in the Court, so this means the Court views your case as having some important issues. So now we're on a 15 day stay while he and the VA negotiate for either approval or remand. More than likely it will be a remand if they come to terms.
  12. More information comes to light. At least 1800 records were lost, destroyed, thrown away or mis-filed. ST. LOUIS COUNTY • Paid for speed in handling documents pulled from 100 million federal employee records, two workers at the National Personnel Records Center here have admitted dumping, destroying or misfiling at least 1,800 of them, court records show. Here's the lie: His lawyer, Eric Banks, said Thursday, “Stanley is very contrite. I have known him for over 10 years. He’s my pastor’s son. I’ve never seen anybody more sorrowful. He just made a terrible error in judgment.” Banks stressed that “nobody has been denied or lost any benefits as a result of any of this.” Uh, how can there not be benefit problems when some of the records were destroyed or thrown away? Hmm? Riddle me that Maynard.
  13. I saw that Berta, thanks. I had also posted the info in Carlie's original thread there. We're up to 308 and the archives now hold over 6000 deck logs. Unfortunately few auxiliarly vessels have made it there yet.
  14. ST. LOUIS (AP) - A former clerk at a federal records warehouse in St. Louis has pleaded guilty to misfiling hundreds of military records. More ammunition for the removal of incentives and bonuses for VA employees. The sentence was not stiff enough
  15. Glad you could come back Ralph. PC caused by AO has been proven to be a whole new ballgame and much faster moving and deadlier than non AO caused PC so it's not wonder your medical group is scratching their heads. Have your physicians considered proton therapy? Since it pinpoints the tumors it can do more damage to them without affecting other cells. Holistially, check into cannabis products, CBD oil & etc. There's some positive information coming about, albeit slowly due to various and sundry anti marijuana laws. It does look like it's something to try that may help and won't hurt.
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