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Showing results for tags 'exemption 5'.
I haven’t been here for a while, but to update, I am 100% P & T now, but the VA did not hardly pay any retro pay. My medical records are still being withheld per Exemption 5 [ 5 U.S.C. 552 (b)(5) ], and my medical treatment records were intentionally withheld for 51 years now. I have the records request form from January 1972 when the US Army told me they were lost intransit from Vietnam. This was absolutely false, and I finally got them in 2016, showing I had no reaction to Chloroquine, yet I had a skin disease they could not determine the cause of. I actually had malaria, and was hospitalized with a serious Lung infection from “Undetermined Organisms” eight months after Vietnam. My oldest son died at 47 years old, and was affected from Agent Orange or the malaria, or both as he was conceived while I was “Home Awaiting Orders” and still sick. The VA has lied to me ever since my Honorable Discharge in April 1972. I need an honest lawyer that will take my case which would go back to my April 1983 claim, almost 39 years of 100% retropay. I was denied, as well as my kids were denied all compensation & pension because I was still ill at discharge. I would have been medically discharged at 100% if the DOD/US Army would have allowed access to my records. I was intentionally deceived and compensation withheld since April 1972, but I did file in April 1983, but the VA ignored my Records Request, not even responding. I have that request form also from 1983. What attorney would anyone recommend as this is one of my last attempts at justice. There doesn’t seem to be any! I am 70 and not doing very well because of CAD 100%. I have been runaround since 2014 getting 100% in December 2020, but losing my son in December 2019. Can anyone recommend an attorney that will fight for the Veteran? I would appreciate and advice or recommendations. Thank you very much victor ray
A local Kansas City man is suing the VA for $35 million in a malpractice suit, in my words basically, he was treated for 10 years of being misdiagnosed for a mental condition that he didn’t actually have, and it cost him his pilots career. Anyone can google it for accurate details. I made medical treatment record requests while on active duty months before my discharge, but were told they were all lost in transit from Vietnam, when I was medivac’d out. What I did receive at discharge was Form DA 3349 showing P-3 permanent profile for permanent defects under “physical capacity and stamina”. I had what we call now, Chloracne, Porphyria Cutanea Tarda, Upper Respiratory Infections with undetermined organisms, Group A Streptococcus, vision problems with eye aches, Migraine Headaches, abnormal Liver and kidney issues with urinating blood, uncontrolled pruritus, insomnia, urticaria, rashes, unexplained fevers, heart palpatations, abdominal pain and cramps, severe bone pain, and on and on. I was stuck thousands of times by mosquitos, ate or almost ate some nasty uncooked/undercooked fish, besides drinking nasty water. I probably had Liver Flukes, Filariasis, or Malaria or all of them because I was in a coma most of a week a few months after discharge, and I never recovered from RVN Service. My treatment records NEVER WERE LOST, but they were withheld for 45 years, and 6/7 months still are, plus all of them from Japan, about 4 days of test results. The VA has withheld the missing documents and medical board proceedings per FOIA EXEMPTION 5 for a year or two, but now say they mistakenly spoke when said they were withholding them in the two or three reply’s from FOIA Requests. I still have not received the records I have requested, such as pay records, morning reports, and I am at the point that I actually may need an attorney. I am being reconsidered now, but I was deceived and had no evidence for a disability claim before I was discharged. Being naive and 21, and never doubting the integrity and honesty of the Army or VA, I couldn’t see how I would ever get a disability claim approved. I barely had proof that I was even in Vietnam, but now have proof of a 28 day straight stay in the infectious disease wards. SHOULD I TRUST THE VA TO MAKE THIS RIGHT, OR DO I CONTACT THE ATTORNEY HANDLING THE $35 Million dollar suit? Sorry for being long winded, but a little history makes it clearer. It’s going on four years with Line of Duty, and 100% Direct Service Evidence, but only recently given 70%, but denied 100% Service Connection that was due in June 1971.Thanks again. Victor Ray