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creek chub

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About creek chub

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    E-3 Seaman

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  • Service Connected Disability

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  1. creek chub

    1151 payment

    My issue is somewhat unique, I suspect. Originally it was being pursued via an administrative hearing but not by the VA. Throughout the whole ordeal, the VA either thru corruption or incompetence denied liability. Fast foward a couple years, I now have a VA issued statement admitting guilt thus restoring some of my faith in the VA. I have not filed a 1151 yet. I was hoping to gain some relief via the "other" administrative process but I'm not getting my hopes up though. Actually getting the VA admission of guilt letter had made my anxiety levels go off the charts!! Not really sure what to do with this fiasco.
  2. creek chub

    1151 payment

    Thanks for the reply Berta. As strange as it might sound, I'm actually somewhat scared to apply for a 1151 because I might get rated 100%. Working keeps me busy and on a structured routine which is a good thing for me. Just wondering how the math comes into play. From what I've read the rating is for payment purposes only whatever that means
  3. creek chub

    1151 payment

    How is the 1151 payment awarded? For example, if I'm currently service connected at 50% for condition X, and got awarded 100% thru the 1151 process, would I still be able to legally work?
  4. creek chub


    You are so right about the hiring practices in regards to vets. There is a culture of hiring vets into entry level positions and rarely into supervisory or management positions. By doing this, the agency can say look we hired "x" amount of veterans which is a factually true statement. Veterans make up less than 11% of mid to upper level managers. Also, nepotism runs deep at most facilities. The latest trend to circumvent veteran preference hiring is using schedule a hiring authority, in some cases reportedly to hire relatives. Crazy world we live in.
  5. creek chub


    Berta, your knowledge of and passion for veterans' rights is truly outstanding. I really appreciate all of your advice. On behalf of all veterans, thank you for being such a strong and committed advocate for us. Both by nature and training, us veterans are a proud bunch who are sometimes reluctant to ask for help and advice. Connecting with someone like you is a God sent blessing.
  6. creek chub


    Berta i do have a letter from a physician that states the illegal medical records access did a aggravate service connected that is rated higher than 10%. I am not sure if that physician is an imo but she is a specialist. Hypothetically speaking, if I chose the 1151 route, if that claim was approved at 100% bc of the medical records access, could I still work since it isn't fully considered service connected?
  7. creek chub


    SOL could be argued against me since they denied for the past four years that he did access my records. Two weeks ago they did finally admit the truth and in writing too. I guess that could be considered fraudulent concealment and possibly fall under tolling.
  8. creek chub


    Wow!! Great work Berta! I commend your efforts on behalf of your husband. I'd rather not disclose my medical condition but it does meet the ADA criteria. I work for the VA and the manager knew what he was doing and had probably accessed other veteran's health records over his career without getting caught. I never thought being a veteran would put me at a disadvantage at the VA for promotions. i am hoping the eeoc process works in my favor but not feeling too assured. If not, I may pursue the ftca route. I can prove damages and have a medical statement stating aggravation of existing conditions.
  9. creek chub


    I have a medical condition that shall we say is stigmatized and I believe was used against me improperly.
  10. creek chub


    I requested a sensitive patient access report (spar) which identifies who and when your medical record is accessed. In my circumstance, it showed the executive who was the selecting official for a position I interviewed for accessed my records during the employment process. I did file eeoc but the aj believed the agency vs objective evidence. It's in the appeal stage.
  11. creek chub


    Is a medical records violation tort worthy?
  12. creek chub


    is a 1151 claim a sound approach for an illegal medical records access by a va executive into a veteran's records who is also a va employee? Or is ftca a better approach?

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