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Berta

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Everything posted by Berta

  1. "He told me yesterday that he was qualified for CIB but was not on his dd214 . The State Service office file a sf 160 for a updated dd215 but they only added the Air Medal and Army commendation. He was in country from 13 June 1969-Nov 19 1969. His parents got him out on a hardship ,but he still had to make reserve meetings" Have you personally seen this vets DD 214 and DD215? The DD 215 will be completely different from the DD 214 in size and format. Was his discharge HD or OTHD? I never heard of the form the vet rep used- I use a DD 149 for DD214 corrections. Does he have his complete military service records? I strongly suggest that-since he trusts your help- to go to the NARA web site while he is with you and help him apply on line for his SMRs. You will go to http://www.archives.gov/ then to Military Service Records and get a SF 180. I strongly suggest that, under the Request block you ask for ALL medical, personnel, and discipline records, and a copy of his discharge papers. Print out the bar coded thing and have him sign it, copy it, and mail it. It will take 4 to 6 weeks usually. I hate to sound negative -but in cases like this- dont do what I have done in the past- knocked myself out for vets without seeing their DD214s and 215s and SMRs first- then find out down the road -it was not what it all appeared to be. Where and when did those specific mortar attacks and firefights occur? I have war maps, and war history , links etc from the git go on Nam. I have all the recent declassified stuff-there wasnt much left for feds to declassify. There are Morning reports of firefights and mortar attacks and even COs can be found-for buddy statements- if he should have gotten the CIB. Has he shown you his VA enrollment card? During his period of incountry service something about Vietnam startled the American Public and caused returning DEROS vets even more stigma that they already had. It was in Stars and Stripes and Hanoi Hanna news broadcast there and in all the media here stateside. Upon his DEROS- he could not help of being aware of this- and probably definitely heard in Nam too- This documented event would probably contribute to PTSD in any Nam combat vet who served there after Jan 1969. It could be used as stressor to support his MOS which is as someone correctly said-was Infantry. Berta
  2. Jim - a real shrink- someone independent of the VA- and I mean a psychiatrist-(they are MDs) not a psychologist- with all of your VA medical and private mental health records, and your Serivce records, could determine with a battery of tests- the MMPI, Hand Test , Wexscler,Trails Mosing -there are 6 or 7 tests they can perform-I listed them all for you at the old board- this doctor could assess you properly as to your current disability and then possibly associate your disabilty with your service records-they would need your SMRs and your personnel files. Then- your CUE claim would possibly have legal evidence to support their legal errors. Medical evidence-for CUE- has to be manipulated into statements of fact as to how the wrong med info caused them to commit clear and unmistakable legal errors.Same as my main CUE. It went into adjudication last week after they got more evidence.It is based solely on law. Also this IMO- although it might be costly- would be the best investment into a claim for proper SC disabilty that one could make in this type of situation. Do you get Medicare- maybe that would even cover the expense??? I dont know- I dont play Quack Wars with them- what I mean is if I have a vet in a similiar situation- lousy mental diagnosis from the VA- I always suggest they get a professional IMO because that-if it reflects what you are seeking from VA-a good IMO stops them cold. Sure- they can continue the argument- but if one has a good IMO from a professional- with Rationale for their opinion (professional expertise in the specific disability field) who has laid their reputation down whenever they sign an IMO-for a vet- the VA is put into the defensive position as they know veteran has the ammo they need to succeed in their claim.
  3. Kirk- sounds like you have a Great SO- you and the SO are absolutely correct on the dialysis ratings- Seems to be this is a no brainer P & T too- Has your SO considered any SMC also- 38 USC 1114-Special Monthly Compensation- or HB (Housebound) or A & A.(Aid and Attendance) Knight Ridder News has the Morning report link for all VAROs- or maybe I found it at the VA web site- forget- Yes- there is GREAT disparity in the way VARos are handling claims state by state.
  4. Mark- I dont know- here is the VA Special Adaptive Housing Program info and the application: http://www.vba.va.gov/ro/manchester/lgymai...ptedhousing.htm
  5. The Screaming Eagles are all over the web- I have lots of sites- http://bgmarrs2.tripod.com/id33.html He was 1-501 Charlie-101st Airborne- There is Charlie Company and Charlie Battery Will check with a 101st friend I have as to the After Action reports- but he should also check out After Action Reports Army COAARS and Unit Histories NARA National Archives and Records Administration Attention: NWCTM- Modern Military Records 8601 Adelphi Road Cllege Park, Md. 20740-6001 1-866-272-6272 Morning Reports are found at NPRC NAtional Personnel Records Center NPRC 9700 Page Avenue St. Louis ,Mo 63132-5100 Also web site is available for NARA. http://www.archives.gov/
  6. Moe- go to www.va.gov/ and click on the Comp icon or link- then go to the Query page- I think you would get more info this way if you send them a query-it goes through VBA first then to your VARO- can be answered in hours or in a day or two. One of my vets- won at BVA -took him 12 years- He had to put some heat on them for the retro- I had a director's phone number-I dealt with them before myself- He got his money pretty fast then. Another one of my vets - over 12 years there too- he won at BVA but then the VARO declared him incompetent. It took them months to investigate the wife-to find out she wasn't nuts- It was over 6 months after the BVA decision before he got his comp- well she did in his name--- I have know him for 20 years and his mental illness could have caused him to spend a fortune in a week-very large check-the incompetency decision by VARO was correct and protected him and his family. They are glad the VA did that but had to wait again.
  7. I HOPE so--- After Regional Counsel here had retired and given the VARO a complete medical report that agreed with my malpractice charges- the VA said they never got it- 7 years later this report I tried to get for 3 years-that they said NEVER existed- was at the bottom of my C file! The VARO had proof from Medical official of my charges within months after I filed my claims- but they hide it- and conveniently lost the autopsy 5-6 times. I filed an Administrative Review with VACO at the same time-on 2 claims because I was fed up at the RO's incompetence. Dont remember how I actually got to OGC in WAshington with this- maybe the VACO review did it because their lawyers handled that too.OGC is at VACO too. I feel you should send copies of the SF 95 to the OGC in Washington-certified or Priority with tracking slip- make sure they are aware of it all- add a cover letter stating that you believe the VARO sent them the SF 95 already but you are just anticipating that they didn't. Try to get a lawyer down there to talk to you on the phone. Then use that lawyer as your OGC-VARO contact. Look over the c file real good. There might be more in it then you think after filing these charges. Look for any Peer assessment Report or Incident Report. and get a copy- You might as well contact them now anyhow- If your FTCA succeeds ,they will be contacting you from Wash- most surely-you can get a feel from these attorneys-because you will have to PLAY "cat and mouse" as one VA attorney said we were doing-at one point. You will also have to be firm with them on the settlement. They are great people down there- very easy to talk to-very SMART. Tell Neal and Tim I said Hi if you want - Neal is very comical! Berta Office of General Counsel VA: NEWS HEADLINES VA News Releases "Shining Example" as Disabled Veterans Ski the Rockies At Annual Winter Sports Clinic in Colorado VA News Releases March 28, 2006 VA Secretary Praises Valor of Medal of Honor Recipients VA News Releases March 25, 2006 VA Launches IT Reorganization VA News Releases March 22, 2006 Welcome to the OGC Mission Statement: The mission of the Office of General Counsel (OGC) is to identify and meet the legal needs of the Department of Veterans Affairs (VA). Its primary objective is to ensure the just and faithful execution of the laws, regulations and policies that the Secretary has responsibility for administering, and by so doing enable the Department to accomplish its mission of service to our Nation's veterans. General Counsel: Tim McClain Deputy General Counsel: John (Jack) Thompson The General Counsel of the Department of Veterans Affairs issues written legal opinions having precedential effect in adjudications and appeals involving veterans' benefits under laws administered by VA. The General Counsel's interpretations on legal matters, contained in such opinions, are conclusive as to all VA officials and employees not only in the matter at issue but also in future adjudications and appeals, in the absence of a change in controlling statute or regulation, Court decision, or a superseding written legal opinion of the General Counsel. VA provides these opinions in order to give the public notice of those interpretations of the General Counsel that must be followed in future benefit matters and to assist veterans' benefit claimants and their representatives in the prosecution of benefit claim. Tim S. McClain- General Counsel VA General Counsel can be contacted at (202) 273 - 6660
  8. I am a vet's widow too- we are potential targets-I could write a book on that- Here is some advise I learned for widows of vets: Get on the National and State Do Not Call registry. Keep a camera near your front door and photograph anyone suspicious and their car too. If you use a debit card- never give the pin out to ANYONE and get bank balance insurance. Do NOT allow a stranger into your phone to use the phone, for a drink of water- anything- If a salesman approaches you outside on your land, keep them outside while they talk. Be VERY careful of anyone who says they are with your college or High School Reunion committee- these committees innocently network and if someone calls them and says they are former classmate of yours- the committees will often give out some info on you-to a complete stranger who could be a nut case or an extortionist. Do not Register a DD 214 with the County- no vet has too- this has caused scams to begin- there is a lot of info on a DD 214. Get a PO box for your mail-do not allow anyone to find out where your Christmas cards come from- etc. AND if any company somehow begins to scam you financially -contact your state Attorney General Immediately. If you are threatened in any way at all- take the time to call or go to the police and get a report made out and documented. There are actually people out there who will target a widow or anyone who lives alone.
  9. The VA calls one of my claims the Bonny claim (re: Bonny V Principi) It is a legal issue and not a claims matter-but it regards retro benefits. I have waited for over three years for them up there at the RO to send it to the OGC-it cannot be decided at the RO. I got so disgusted when they mixed it up with something else last month- in their letter to me- that I sent it to General Counsel myself. why not- they have 5 other claims of mine they are farting around with-as the years go by - so why not---- well General Counsel just informed that my claim is within their jurisdiction. Duh- the VARO should have realized that years ago-it is not RO jurisdiction OGC will either render a denial or a Precedential opinion and that is what I want. Waiting three years and I have to do the VAROs work again- I am getting sick and tired of that- The Pres op -if it happens- would benefit all surviving spouses of 1151s prior to Bonny V Principi and not just me. I assure you all I will go toe to toe with VA Gen Counsel in Washington on this if I have to. That is how VA regs and laws can sometimes be changed.By taking a Firm stand. Berta
  10. John- question- I have a friend who was employed at local VAMC for many years- maybe about 10 years. He was 40% SC due to leg injury and had 2 PHs (Nam)- one for the GSW to the leg- At the VA, while at work, his SC GSW leg got injured again and they retired him on some sort of FERS disability. He then got 100% plus SMC for SC disabilities a few years after that. He is difficult to talk to but a real good friend of mine-I mean his PTSD jumbles his mind up as he would say- I asked him to see of he was eligible for SSA- the VA job was only federal job he ever had- He claims that the FERS for the 10 year VA job wipes out any SSA he could get.But he was employed under SSA for years too I think (and has the miltary work credits) A bonafide -no problems whatsoever- SSA disabilty claim- but then again 5 years might have passed since he became unemployed. If not- is he possibly eligible for FERS and also SSA too? He worries about his wife if he dies due to his AO condition but she would need to know too if he was eligible for SSA. She quit a fed job to take care of him.But she has plenty of SSA credits on her own record.
  11. I always ask for the VACOLS screen info and then what is on the COVERS screen- at the 800#- The COVERS gives physical present of your c file- well- that is if you are lucky enough to get a vet rep at VA who understands their PC programs- I suggest to send them a Query through the VA web site-www.va.gov/ It will be answered -often within hours- by your VARO- You could ask them what you mentioned here and their response, if you print it out- is proof of acknowledgement of what you sent and maybe more info on what is being done with your claim. "My question is are they required to acknowledge by mail this or any new info and if so what is a reasonable time frame" They may or may not acknowledge by mail- if there are regs on this- they really dont care- The VA has nothing even close to defining a reasonable time frame. My VARO -with excellent evidence on any claim- will choose to award in 3 months or 3 years. If they had past history with you- depending on those results- they often remember you well and I feel that this factor too can determine how fast or how long your claim will take. PS- were the SMRs critical to your initial claim? if they tried to pull something on you- like CUE or question your main SC disability- you would need those SMRs. They probably have them but put them into another vets c file.
  12. He probaby would not have any problems getting TDIU-if he becomes unemployed eventually- The inhouse- PTSD Program- that could help him a lot and most likely he would be given the temp 100% for one month-it never took too long -years ago -for them to award the 100% Temp check- depends on your VARO- Also this generates more evidence of PTSD at a higher rating level. I know vets who got leave of absence from their job for the PTSD program-3 worked for the VA-can he get a leave? Otherwise he could go into the VAMC program, come out, and then get fired.???
  13. Jay- yes-yes you are right and I am wrong- I thought these were in the same recent decision- you are right! maybe listed with the percentage but -as you say- this decision was only specific to some issues- sorry bout that---I LOVE the advise you gave at the end!
  14. David- a lot of Nam vets have jungle rot- my husband unfortunately (I tell you people everything dont I?) he had jungle Crotch rot- It is called tinea curiae and is a fungus that some of you guys got when you were in trenches filled with monsoon water in Nam and you were always in sweaty utilities or BDUs. It is just like athletes foot-the meds for Atheletes foot can be very affective.Not great with crotch rot but the VA told him to use the same stuff for his crotch. He got in trouble at VA on the job because they found out when he had heart attack that he didnt wear underwear- because of this problem. His boss made a fuss and Rod asked for the VA law that said he had to wear underwear while employed at the VA (he was a real pisser just like me) well the boss showed him some reg. Rod said OK -I will comply- and buy a pair of underwear and wear them to work , however the VA law does not say I ever have to change them. Then he put crotch rot into his claim. I know a vet who soaks his feet in clorox to get rid of this- Or this vet could have a skin condition due to diabetes from Nam.(AO) Diabetics can get many skin conditions and they should claim them as secondary to AO DMII. He needs a good diagnosis-I dont see how the VA could turn him away- Give him a print out of this- it could help his doctor diagnose him- I dont think it is chloracne. I dont know of a single Nam vet who ever got comp for that.
  15. my reply vanished -so did your question- I must have hit the wrong key- in my profile message thing- Yes- as long as THEY (VA etc) asked for the extension-copy what you signed and agreed to -to protect yur claim-and save it. That is very important to do- Yes-the 6 months thing still OK and Yes - this does sound like a very good sign. If these questions are asked in the forum , others will learn about these issues- but I certainly DO understand if you dont want to put this info in the forum.
  16. John- you have great expertise on this issue too- you made an excellent point- I do not understand 100% well- If one is schedular- is it more or less advantageous than 100% TDIU? I think P & T and SMC has to be considered for both types???? but I am not sure here at all- Someone mentioned former VA secretary Max Clelland some time back- He was VA Sec for a while and also catastrophically disabled. It took him over an hour to get dressed for work. Loss of legs and one arm-WIA- Vietnam. Chesty Puller's(USMC) son Lewis too- catastrophically disability - WIA Vietnam- and also PTSD. He was a lawyer at VACO. He committed suicide. Would these men be considered 100% TDIU if they didnt work and 100% schedular because they did???
  17. The VA will grant disability due to JP 4 http://www.va.gov/vetapp98/files4/9833073.txt There are other cases there too at BVA re: JP 4 We had a discussion years ago on the old hadit board- might be some help there- Hoppy is absolutely correct- It would help to show the doctor any BVA cases about JP-4 . This might give you some help: http://72.14.203.104/search?q=cache:ynaH_C...k&cd=2&ie=UTF-8 This says the association to cancer is not strong- but they do mention skin cancer- The web might have updated info - I would try to find a good medical report or study on the web that -as Hoppy says- shows a as likely as not, or more likely than not association. The report could help a real doctor properly assess this and help establish the service nexus. JP 4 could certainly cause skin conditions and that could turn into cancer- this might help too- http://72.14.203.104/search?q=cache:fIZNrO...k&cd=5&ie=UTF-8 Lots of discussion on JP-4 on the net by vets and others.
  18. Boy John- mine c file was a real winner too all the stuff they lost was in it and more I didnt know about- I call them every week. Just heard my CUE is with adjudication as of 3/28/06, they received more evidence on it last week, and apparently they decided my AO claim in January-3 authorizors had it and someone had to sign off- and I will not know any decision yet because the VACOLS screen says 930-pending. 930 code usually means End Product. They are almost done with my main AO claim and one of my CUES. Well- if it isnt what I want ---they are NOT done. I got a 930 pending too ---with them! if you catch my drift!
  19. Flip -it is Mark- under Got My Rating- I know you will see more to this then I can- he is still employed but- I think his 100% is schedular ???? He is looking for P & T. You are the expert here on 100% SC ! Berta
  20. OK- I brought up some points in last post and looked this all over- I would NOD any of the ratings that you feel are wrong in the decision. I would request a proper SMC award and also P & T. Blindness- one eye- per VBM, 2005 Edition, page 333--- 30% rating under DC 6070 with additional entitlement to SMC ., 38 USC 1114 K Is your other eye affected at all? The scar- any relationship there to any receipt of the Purple Heart? What DC code did they use for the skeletal condition? Do you have "loss of use of" any arm? The P & T question- obviously the eye condition is P & T The other SCs-to get to that level - and it is quite possible- would take in my opinion- a good IMO from a real doctor- like Dr. Bash. Did you get enough retro to consider an IMO? It would be an investment in your future and your children's education and CHAMPVA for the wife if it supports SC P & T. The asbestos- WOW- they dont like to pay anything for asbestos- I think that is because- over time- the condition can certainly escalate into a much higher rating- There are ways to build into higher ratings here- I see the best focus to have as 1. the PTSD claim- now defered -is this secondary to the SC depression?Do they have all the evidence you have on that? 2. The SMC issue above 3. to NOD any of those ratings which seem wrong- 4. Make sure they know of any side affects of your meds that affect your ability to work. 5. The P & T Issue Also I feel that you would probably succeed -if you become unemployed -with SSA award- I say probably- there is a lot here-and the VA gave you 100% already- SSA looks at these disability profiles much differently than the VA. That 100% would be excellent evidence for SSA. Still- that leaves the P & T issue. Actually that is the most important thing I see here- as well as filing the NOD- Mark have you ever had a student loan or car loan with insurance on it- or anything like that which was written off due to P & T by any doctor at all? My husband had small college Student Loan due to Voc Rehab VA- A VA doctor signed a statement for the Student Loan people that he was P & T- the loan was written off. It had added to his PTSD stress and he could not return to school or work due to stroke. This VA statement -the VA itself refused to consider for about 5-6 more years. When the P & T was decided they never even used it but could have years sooner. I didnt push on it but should have- If any entity at all has said you are P & T -due to medical evidence regarding your SC disabilities -then you are P & T. Mark -they might have attached the SMC regs? It is 38 USC 1114 I suggest you read it all very carefully- You might be in a higher SMC level then even the K award. Rich, Allan, Flip, John, and many many others here have expertise that can also provide help to you-on the SMC and P & T issues. And the eventual TDIU- Flip understands the schedular 100% regs far better than I do.
  21. Eighteen More Veterans Administration Medical Centers Are Under The Ax By David Robert Crews, Magic City Morning Star, Millinocket, ME 04462 Mar 27, 2006, Ft. Howard Maryland Veterans Administration Medical Center is the first VA property that will be turned into a veteran and non-veteran independent, assisted living and geriatric care housing project. Eighteen more VAMCs are targeted for the same drastic changes. If you are an American military veteran, or someone who cares about veterans issues, and one of these VAMCs, on the list that follows later in this article, is not near your home, is not your or your loved one's source of medical care, it is still important for you to be aware of what is happening. Your VAMC could be next. In my previous article about Ft. Howard VAMC, that is published here in Magic City News under D.R.Crews, I laid out the facts, as I and some other American citizens see them, about Ft. Howard and other Veterans Administration Medical Center properties that the VA has decided to turn into housing developments for veterans and non-vets. Property that would be better used for much needed new VA medical facilities. But the federal government will not give the VA enough funding so that they can replace their old obsolete hospitals.In recent years, the VAMC system has been transitioning from inpatient care based services to outpatient care, as most hospitals have. I understand that this is a well thought out, planned and implemented change. How much the lack of sufficient, congressional VAMC funding affected the train of thoughts of the decision makers, who set those changes into motion, is your guess as good as mine.My big beef about this transition is, our VA outpatient care could be provided to us veterans just as well in revamped VAMCs on spacious, peaceful, beautiful grounds as it can be in a crowded, dirty, definitely more dangerous downtown environment like where the Baltimore VA Hospital is. Also, we veterans should still have plenty of access to quality inpatient care, when we absolutely need it.The Vietnam Veterans of America, the Veterans of Foreign Wars, the American Legion and other Veterans Service Organizations are constantly working and fighting for more VA funding. Many times, I have read reports of their frustrated attempts to procure Congressional approval for dispersion of more tax dollars to the VA. Money that some tax payers agree should go to the VA instead of to the pork barrel type projects that bring in more votes for the incumbent politicians. Sometime back in the 1990s, the VA decided to start a process of determining which prime VA real estate locations could be leased out to housing developers, supposedly, so that the VA could attain more funding for VA medical use while making the transition from inpatient to outpatient care based services. The first VA property to be leased out is Ft. Howard Maryland VAMC. That lease is probably already signed.It would have been signed a month ago, but the property developers, who are going to take over Ft. Howard, sent in a plan for over a thousand living units and Senator Barbara Mikulski sent it back to them and told them to stick to the three hundred unit limit that had been agreed upon earlier. At least that's what I heard from another concerned veteran who responded to my first VAMC article. Other local vets and several long time Ft. Howard area residents, whom I talked to recently, expressed their feelings to me that they are in agreement with my take on things. They also said that they had been hearing rumors for decades that land developers were after Ft. Howard to lease it from the government in order to build expensive homes that have wonderful views of both the Chesapeake Bay and the entrance to the Port of Baltimore. This raises at least two questions:What came first, the developer's efforts to influence politicians, VA and other U.S. Government officials to lease them beautiful Ft. Howard, or did the VA make a sound medical business decision to lease out property because of their lack of fair funding to upgrade those properties to modern medical standards?Did the VA then ponder the facts and realize that prime properties with beautiful views would have to be sacrificed for better VA health care? Even though those beautiful views are from nicely landscaped, well maintained hospital grounds that VA patients, their visitors and the VA staff working there make good use of to help relieve the stress of dealing with often life threatening medical conditions.Some other responders to my article informed me of the VA's progress in their efforts to lease out more real estate to property developers.If you web search the word CARES, you will find the VA's web site that tells the government's side of this story. It has info on all eighteen VAMCs that are being 'studied' for possible "realignment". I say 'studied', but I think it is a done deal for taking great VA real estate for high priced housing that may mostly profit seemingly conniving, maybe even government official bribing, super wealthy land developers who may end up grandiosely throwing only teeny, tiny percentages of their profits towards the VAMC health care system like kings and queens pitching pennies to beggars. I am not alone in thinking these thoughts.Then will Congress say to the VA and veterans health care advocates, "You get less tax dollars from us for the VA budget this year, because you have all of that lease money from them housing projects of yours to work with!"What if this prediction of a significantly higher percentage of housing project profits going to the developers does come true? And Congress cuts VA funding too far below what their previous funding was, and then the tax dollars and those lease dollars combined equal a much worse VA budget short fall than usual?Will Congress then say to the VA, "It's not our fought that you have less money in your budget this year, that leasing deal foul-up is your mistake, so live with it!"Here is a list of the eighteen Veterans Administration Medical Centers that are under the ax: Big Spring, TX Boston, MA Brooklyn-Manhattan, NY Canandaiga, NY Gulfport, MS Lexington. KY Livermore, CA Louisville, KY Montgomery, AL Montrose/Castle Point, NY Muskogee, OK Perry Point, MD Poplar Bluff, MO St. Albans, NY Waco, TX Walla Walla, WA West Los Angeles, CA White City, OR Stick with me now, this article details in depth what will be a long, hard fight for us veterans and our supporters, and why. I have to address as many points of debate about this issue, that I and others who have communicated with me about it, can think of. We need to be as fully prepared as we can be to fight the government and the land developers, who are highly skilled at imposing their public meeting spoken and official report written rhetoric upon us. The CARES web site has information on and links to documented public meetings, proposals, community input, plans, etc. for each VAMC. Of coarse, it is the government's version of some things that are relevant to the issues surrounding these upcoming changes.I didn't look too far into any one document that is on the web site, but I never saw anything about if anyone was hootin' and hollerin' at any of the public meetings in outright opposition to having high priced condominiums where the vets should have new modern medical facilities built for them. Built in accordance with the promise of lifetime access to good VA medical care. A written promise that we vets all received, when we signed on the dotted line then raised our right hands and swore to defend our country, democracy and families with our lives and the lives of our enemies, whom we were soon to be ready, willing and able to kill.One day, when I was in the Ft. Howard VAMC, a group of us patients were discussing inadequacies in the VA health care system. A sympathetic VA employee was listening to us and came over to our table and, with a heart full of soul, said that it really wasn't us military service survivors who paid for our veterans benefits, it was our comrades in arms who died while on duty in the service who paid for them. The employee said that our fellow service personnel loved us as much as we loved them, and they all knew that we were all taking the same chances. They had willed us vets our rights to reasonably good VA health care, that are often denied us. We VA patients all heartily agreed with that VA employee. A lady from the Livermore, California area sent me this email:It seems that VA has a lot of prime property, the VA hospital here in Livermore is outside of town nettled in the hills where the Veterans can see Deer Wild Turkeys and other critters it's absolutely beautiful, peaceful and quiet. It too is on the chopping block to be sold and is going to not only take away property that the veterans love but will be a big inconvenience to families. I would like to hear from other people who live near and make good use of these eighteen VAMCs on the list above. I want to know what the fluctuations in property values in those areas has been like lately. Are the VAMCs in nice areas? Is there other developing going on around them? Are they obsolete as medical facilities? Could they be rebuilt with fair funding? Are they fully used or underused? Some VAMCs may not be worth keeping as they are. No doubt about it.But who will make the decisions on what to keep and what to change? Will it be possibly bribed or other wise similarly influenced government officials? Will bullied and befuddled ordinary citizens, who are not schooled in public debate or legal battles, fare well against wealthy, heartless acting land developers and their government lackeys and/or other co-conspirators who have extensive public debating and legal experience? If you web search "Bayside at Ft. Howard" you will find the new web site that touts the proposed amenities of their upcoming VAMC housing development.On the Bayside web site's location page, there are two maps and one aerial photograph of the Ft. Howard area. These will help you to understand the upcoming traffic and infrastructure problems that are particular to this project, which are defined nearly in full in my Ft. Howard VAMC article. If you live near one of the eighteen VAMCs on the list printed above, it will help you to determine the extent, depth and breadth of possible problems that you will have to endure when the developing begins in your neighborhood. It may influence you to heed this warning that old, established Ft. Howard area neighborhoods residents' rights are going to be run over rough shod by the land developers and that you may be next for the same lousy treatment.I don't know how much all of this baring of the facts will do. It at least leaves a true historical record of the opposition to these afore mentioned changes that many, many people think the same about as I do. About all that I can do, at this point in my life, about these VAMC changes, is to inform as much of the public as I can of what is happening, and why I and some other folks, who aren't writers, say that it is happening--as opposed to what the land developer's and the VA's spin on the story is. Because, I live on a monthly non-service connected VA disability check that about equals take home pay for a minimum wage job. The web sites that publish my writings are staffed by volunteers. The sites only stay afloat through meager advertising revenues and the efforts of their editors and contributors like me who desire to work as hard as they are able to, express themselves and have some fun writing short stories along with serious articles like this one. I am an ex-army and sometimes civilian photographer, though I never did a whole lot of photography after my discharge from the army, but that's another story, and my photo portfolio is mostly in hibernation. This computer that I write my stuff on is an old, worn down thing, and it barely runs well enough to stay on the Internet long enough at a stretch to research and email info about these written articles of mine.I do the best that I can with what I have to work with, so I hope that you will 'take this ball and run with it'.I am sending as many emails as I can about these VAMC articles to politicians, media outlets, Veterans Service Organizations, community groups, barber shops, etc. that are near the VAMCs on the list. My writings and email efforts may not change much. I'm up against what is basically a done deal.But, if I can help ensure fair veterans medical care compensation for the loss of our beloved, beautiful VA properties, then I have done something besides sit here watching TV all day while stewing in my U.S. Government issued disappointment and anger; all the time wondering why I didn't live-fast-die-young-and-leave a good lookin' corpse--like some of us were advised to do way back when. I feel like the guy who defended himself from an armed robber by beating a reasonable amount of crap outa the criminal and then had to pay the robber's medical expenses and give the robber money for insult and injury that the violent nature of the crime warranted, because the crime victim had no witnesses to back him up.You may be able to help me make more of a difference though. Make up and circulate petitions. Write to congress. Write local elected officials; they will say that it is a federal problem at first, but explain to them what any VA land developing will mean to your local infrastructure, school populations, traffic patterns, tax rates, etc., etc.. Attack it from that direction.Collect stories from local vets and their families about how the VAMC helped them and whether or not it is in the right place for their reasonable convenience. Share that information with your local media.Have town hall meetings that are set up so that you can get your views heard with significant enough power that stands up to the VA's and land developer's massive powers.If the VA property in your area should be developed into housing, try and make sure that the profits from them are spent on veterans medical care. Make the developers compensate for the inconveniences to your community that they will swear is only necessary for the veterans own good.Think of things to do about it that I could never conceive of doing. And pray.There is very little chance that any one person, or even a massive portion of the American population, can do something to stop the government from doing what it wants to.The United States Government has a long, well documented history of forgetting exactly who keeps this country free.In 1932, World War One Veterans tried to get the government to give them promised war bonus money before they died and while they and their families were starving in the Great Depression. They camped out in Washington, D.C., along with some of their destitute family members, and protested for months. They were called the Bonus Army.Eventually, U.S Army officers Douglas MacArthur and George S. Patton went into the Bonus Army's encampment with fresh regular army troops and whupped the tar out of the same men whom they had led into muddy, bloody hell on earth in Europe during 1917-18, and then burned the camp. Some of those poor fellows' impoverished family members were injured in the tear gas laced, brutal attack.Web search "Bonus Army" and see for yourself.It was because of the Bonus Army's actions that the GI Bill for higher education benefits, and housing and business loans was written into law in 1944. The government was afraid that returning World War Two American Warriors would be disenchanted with the same crappy lives that they had led before the war and take over the government. But don't start an armed revolution, that just tends to make a bad situation worse.To quote my good friend Tom G., who did two combat tours in Vietnam and then spent even more time than that later, during the past twenty years, in a half a dozen VA hospitals, "The government doesn't give anything to veterans out of the goodness of its heart."In the movie Born On The Fourth Of July, there are scenes that accurately depict the rat infested, miserable condition that some VAMCs were in back during the Vietnam War. But, that aspect of VA health care system inadequacies has changed.Today, VA hospitals have very high ratings in the medical world. The VAMC system is jammed packed with patients, not all vets who want in can get in. A short while back, the Baltimore VAMC put a one year moratorium on accepting new patients, when thousands of Bethlehem Steel retirees had their pensions pilfered and their earned lifetime civilian medical coverage confiscated. Though today's VAMCs are crowded, vets often receive top notch treatment there.We need more modern VA medical facilities. For the first time in our history, we have the quality of health care that veterans earned. We do not have the quantity that we need and earned.Building new medical centers on VAMC properties using a fair dispensation of tax dollars is what I say should be done. One time a fellow hospitalized vet, who was dying of cancer, and I were sitting on the shore of the Chesapeake Bay/Patapsco River commenting on how sweet it was to have Ft. Howard VAMC located where we could go outside in our hospital pajamas and get some fresh air in safety and privacy during our traumatic medical experience. He looked at me and said, "Ya know why they put this VA here? Up where I come from in Pennsylvania VA hospitals are all way up on a hill somewhere or back in where there aren't too many people around. The government put us in out of the way places because people don't like to see how ####ed up some vets are when they come back after wars."I don't know. Ft. Howard was an old, obsolete army fort and was easily turned into a VAMC at the beginning of WW II. It was way out in the sticks at the time though.Now some VAMCs are in developing, sometimes crowded, prime real estate markets. The powers that be want to make money off of them.They say that they will use that money for improving veterans health care.I say that I doubt that us veterans will get a fair enough share of that money to actually improve our VA health care services or to reasonably compensate us for the loss of the healing, safe, peaceful privacy and beauty of VAMCs like the Ft. Howard, Maryland and Livermore, California locations. If the lease money from housing developments built on former VA hospital grounds improves health care for veterans, then I will eat my words in front of the Washington, D.C. Veterans Administration Regional Office at lunch time. David Robert Crews 2727 Liberty Pkwy Dundalk, Maryland 21222 ursusdave@yahoo.com http://magic-city-news.com/article_5560.shtml
  22. Your SO doesn't understand FTCA-it is not part of his training- I think his advise is poor. If a vet has a Sec 1151 condition and dies from it-his spouse can get DIC-IF it contributes to or causes his/her death only IF--- I have a good friend -he believes his Sec 1151 100% will cause his death and she will get DIC. If he gets hit by a truck , or shot by some hunter, and dies due to any accident ,she will not get DIC. An FTCA would put money in the bank =to cover the potential lack of DIC in the future for his spouse. He refused to file FTCA too when we sent in the 1151 claim-then he changed his mind, but refused to pursue it- I got him 100% Sec 1151 in 3-4 months after the claim was filed. I laid it out briefly to VA and the medical evidence was obvious- He had a Section 1151 admission of malpractice award letter yet - did not pursue the FTCA- (I was stunned at his reluctance) The he got 50% for PTSD -a large retro and spent $8,000 in 2 weeks on a vacation- This is why he told me recently -he ddnt want a lump sum- both he and his wife spend fast. Point to all this- each individual situation is different- The United States of America-when they settle with you- will make no admission of the charges-FTCA- They do have the charges and the investigative results at VACO but that is FOIA matter- took me years to get the investigative info.It was horrible. so- an FTCA award without the Sec 1151 award- will make it more difficult in some ways- if you died-for DIC purposes-also without the actual VA records in VACO and OGC-your wife will have proof of a settlement for something but they do not admit to anything in the settlement papers. No proof of why you got it-unless she digs into records under the FOIA. As the VBM says a lawyer is the best bet on FTCA- they can also advise on estate planning if you succeed. The VBM- about $125.00 from NVLSP has a lot of info too- but - many have done this themselves and succeeded. without lawyers. Unfortunately the web is silent on these matters-the VA does not document on the web FTCA cases. They do document at BVA when the VARO messes up 1151 awards from FTCA offsets. CAVC too. My SO at the time and 20 NY lawyers told me I would not succeed. I succeeded by myself. I asked the OGC for my attorney fees too- I represented myself- (he almost choked at that one-then they made an internal error and I had a VARO flashback on that "error" part so I asked for one thousand dollars a day additionally for each day the error remained unresolved.) Men and women while this all occurred a man was on TV -he had filed a discrimination suit under the EEOC -he felt he could prove his employer used his race as means of termination. No lawyer would help him-he went everywhere-finally he got disgusted and with the time he had, now unemployed -he studied the USDC rules of practice and sued the company himself. He won and is very comfortable today because someone used his race against him. Whoever he is- he inspired me. Believe in yourself and in your FTCA claim and if the evidence is in the med recs- you can sue them yourself and win.
  23. Interesting- I read somewhere- forget where- maybe the VBM- that a claim that is so obviously valid and service connectable will NOT require a VCAA to be sent if they begin working on the claim to adjudicate it. I never got anything like this- a real VCAA letter- 6 claims , 3 filed three years ago- but still I am fighting on the claims anyhow- so that doesn't make sense-but I would think that a newly returning serviceperson with obvious war trauma-Iraq or Afganistan- would NOT receive a VCAA letter-they can file their claim while in the hospital-dont have to be discharged first. What I got on my CUE claim recently said nothing about the VCAA- I just remembered- The VARO sent me a letter about a month ago saying that a VCAA letter would come on my CUE but that it was in "immediate developmental stage" the recent letter didn't say anything about VCAA- they asked for any additional evidence-which I had and I sent- they also made 6 statements about the legal points of CUE- They did not ask for response on that but I responded to each statement- I clearly defined the regs they broke, how they did it, and why it altered the outcome of a 1997 decision. The same stuff that was in my CUE. ?????? I mentioned they did not say which CUE so I covered both of them and sent them back copy of their letter- with corrections on it too. If this goes to the BVA I what the BVA to know how they screwed up in the very first steps they are taking to adjudicate this claim.
  24. PS -the knees -10% each- is this a bilateral rating? and the depression- Is the PTSD claim separate from this- and is the depression due to PTSD? Which is quite logical- You conditions here can be all potentially higher ratings - If you weren't working presently I would say send them the TDIU form-in a heartbeat- Maybe you should send it anyhow- I am anxious to see what Jay and dancamnt and Walter add to this -about the TDIU form- another question -the arthritis- 2 10% bilateral- and then 30% shoulder- does the arthrtis affect your knees or your sholder- or both!
  25. "I am losing my job and will not be working by years end so maybe it will be a mute issue by then. but maybe not." No- this would be significant to your claim- if you cannot work due to SC disability- Mark- in the last decision they sent you- how did they consider you for SMC- is there anything there about considering you but denying you for Special Monthly Compensation? I will print off your post -and get back to you on line here- The PTSD issue is deferred- I see- meaning that has not been decided yet- so that is in progress---- lots here to think about- I will certainly look over this real good- Does the sleep apnea cause you to be drowsy at work and unable to concentrate? And the meds- do they know the affect of your meds on you yet? the side affects? Berta
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