175MPC

My personal military and medical records have been reported as destroyed in a fire within the archive's in St. Louis. Are there any other U.S. Army or Record locations that might contain either originals or copies of my military records? Specifically, all or portions of my medical records. I served from May 1956 to August 1959 both within the U.S. (Fort Jackson and then Camp Gordon, now Fort Gordon) as well as in France (SHAPE) and Germany (Idar Oberstein >Advance Military Police and Criminal Investigation).

Carlie, thank you! I believe that I have posted my response to Berta properly however I did not see the same message response as when I have posted other message to her. Would you please see that Berta gets it.

Berta, May I be allowed to send you my name by private e-mail. Please forgive my the size of this message. I'll send you the information regarding the CAVC remand toward the end of the week. Actually I did not know that I could review any of my records on line but I'm learning fast.. I was able to find the following: http://veterans.house.gov/hearings/Testimo...%20M.%20Simmons I am very impressed with your determination and perseverance! I also am determined to pursue my current spinal injury claim for an appropriate increase in my SC disability rating. I will continue to pursue my claim in the VA system. I have different goals for my effort Federal Court. At the very least my effort in Federal Court may help other Vets suffering similar VA Claim difficulties. What I am not looking forward to is the necessity to file an additional claim for my loss of hearing. I foolishly had my helmet strapped when firing a rifle grenade and there was a traumatic blast effect that went up into my right ear damaging my inner ear. I have lost my hearing in that same ear. For the reasons you've stated, I am going to move forward into the Federal Court as an individual. My complaint will charges the VA "administrators" with proven malfeasance, misfeasance, willful deception and deceit among other things. The court cannot force the VA to change their written policies. However they can force them to support their negative decisions in the face of overwhelming evidence regarding my charges. There are other significant issues that will include bringing forward the ex VA employee that I have been in contact with although when first asked, the employee was fearful of retribution of some sort against him from the VA. In addition there are certain media persons who have expressed great interest when I go into Federal Court. The current claim problem that I am having is more related to indifference to, as well as ignoring of, medical reports that I've provided to the VA over the years from private doctors as well as my personal VA medical files. Their written declarations to me over the years will speak to this issue. I had the good fortune of being able to stay away from the VA for many years as I felt I could take care of myself because of my financial circumstance and with my private insurance. Prior to my deciding to enter the VA system I had 40+ years of seeing private doctors. I've provided the VA with a great deal of medical records attesting to years of my seeking care as well as hospitalization specifically for my injury. To my great misfortune, during these last 10+ years I have been getting worse and have been unable to make a living. After 6+ years and the decision to remand from the CAVC, I was finally granted a SC of 20%. This is in spite of the fact that I can no longer work because of my injury and to my spine and the resulting condition. The latest loss of my hearing has just added to my disability. Some interesting facts: When I first filed my application for veterans disability in 2002, I was notified by the VA that my records were unavailable. The claim is that my records were destroyed in a fire.... What is interesting is the fact that I was able to obtain my fathers WWII Army record which was also supposedly destroyed.

Berta, With regard to the OGC. After the U.S. Court of Appeals of Veterans Claims decision to remand my initial application for disability back to the VA, the attorney for the OGC became upset and vindictive and filed a motion to have the VA deny my attorney her earned funds. Only after I complained in writing to my U.S. Senators, the Veterans Senate and Congressional Committees and others was there the payment to my attorney. The responses that were sent out from the OGC to those people in authority that I complained to and that had inquired to the OGC on my behalf were absolute fabrications. “Smoke and Mirrors!” It is these events in my dealings with the VA, RO, DVA as well as OGC that I intend to present to the U.S. Federal Court. I will also be supporting my suit with the written evidence that I have in hand from the VA as well as the numerous and flagrant contractions from the VA, to include outright fabrications. Therein lies the reason for my desire to take this fiasco into a Federal Court. So far the only problem I have had in seeking out the right attorney has been in finding one that would represent me as an individual. Most have wanted to take it forward as a class action, which for purely selfish reasons as well as the time line, I am against. .

Ricky, Thank you. The attorney is already available... My interest is to understand as much as I can about the process from experiences of other plaintiff's points of view as well as the attorney.

LarryJ, Thank you for your interest and response. To begin with I was hoping to be able to communicate with an individual(s) and learn about their court experiences and what their process was... If they appeared in U.S. Federal Court, outside of and bypassing the VA Appellate System... Who they named in the Law Suit? If they were successful in obtaining court order to force the VA to assist in locating and delivering military records to include military hospital records?

TBird, Can you advise where the best forum is to post the following: ----- Is anyone aware of any federal lawsuits that have been filed by an individual (Veteran) against the VA in the U.S. Federal Court, bypassing or in addition too eight years of having to battle with the VA, Appeals, NOD, etc.- If so I would appreciate learning of the lawsuit.s ----- I posted in "How do I but with out any viewers or reply's.