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Found 8 results

  1. How do I get an IG investigation into why the VA Medical Division cannot produce the copies of OPTR that have been removed from my C&P file. At my BVA hearing, in response to the question of how to get the needed probative documents, the BVA Judge responded, "LOL, we can't even get them." The reason is itself very probably probative. Such as we were unwitting subjects in research and the researchers were too lazy to make the double original copies. West Los Angeles VA Medical Center had its Research Credential abruptly revoked in 1999. I suspect the documents I'm trying to get from 1990 and 1991 are involved. I either need the documents or the reason I can't get them. So far, even disputing the RBA at the CAVC has garnered neither and the Clerk has closed the dispute without getting his order to the Appellee filed. Something suspicious in the way I was treated by the Clerk and the VA attorney in the hearing on the subject. They claimed documents probative to the diagnosis of seizures were not relative to an increase in the TBI rating increase in appeal because there was a diagnosis of pseudo seizures. The reason the documents are needed is to prove the diagnosis of pseudo seizures is erroneous and that I was treated with a drug, Tegretol, that was expected to often make the type of seizures I have, Temporal Lobe atypical absence and complex partial seizures, worse, even often causing generalized (grand mall) seizures. PDR 1990 through the present. The warnings are more severe in the current PDR.
  2. I have never felt I had my late husbands complete medical records. I want to see things like why did his Simvastatin quit showing up on his medication list, the instructions, settings and how many hours to use his CPAP, why shouldn't he take benzo's and then he was. I asked for every page, every note, etc.. C file does not have any of his medical records in it. So, my question is, if I feel there is more information after many requests, should I use FOIA to ask for them? Thank you for your time. I would like to clarify that I have sent the proper forms (5X) to the facilities and gone through the Congress women. The Congress women had them call me and the facility told me that not all Doctors take notes, so there was nothing more to see.
  3. After the denial of my PTSD claim, I received a poorly written canned form letter, hap haphazardly pointing to all the reasons for the denial. Some of the reasons were used several times in the same letter, as if it had but cut and pasted from some master document of denial reasons. The letter contained numerous errors, eg; No sudden request duty assignment change, lay statements from family, service members, deterioration on work performance, behavioral changes, excessive leave, changes in your performance without explanation ...bla bla bla. Well, that's total BS, I provided detailed statements from my wife, father, mother, daughters and the Lt. Colonel of the unit I was assigned to during the assault, all detailing deterioration my work performance, behavioral changes, I provided documentation that I applied had for and was rejected a transfer to another unit, and also applied for and was approved for terminal leave. However, the letter did clearly state, "VA evidence shows a medical diagnosis of of PTSD, pursuant to the criteria in DSM-V." Anyway, I thought it may be helpful to get a hold of my C-File regarding the claim to review what was actually considered rather than what the denial form letter stated. I thought by doing so, this would allow me to better address those points and any other incorrect information in the original decision that could potentially be used in developing my appeal. I submitted the FOIA request about ten months ago, and it remains in the collection evidence stage with a completion estimated date of over a year. Interestingly, Ebenefits lists; "Requested Documents are Past Due". After contacting "Peggy, this is not actually the case and they were not missing anything regarding my FOIA request. Is it normal for this FOIA request process take so long? Thank you
  4. I have come to learn my medical evidence was withheld all my life due to "ANTICIPATION OF LITIGATION", from what I gather, and the VA used a couple FOIA EXCEPTIONS OR EXEMPTIONS in withholding them. I am asking why the VA would anticipate me suing them before I even got discharged? Just asking. Thanks Victor Ray
  5. Folks: The last time I did a FOIA (7 months ago), the entire disability process for me stopped for me at the Regional Office level. So, now I understand that there's only a couple of locations instead of the local RO that a Vet sends a FOIA to now. So, can someone now please educate me the best way or process to request a FOIA to get a digital copy of my entire C-File? I'm starting the process of doing my NOD now for my first claim and want to see what records were used to determine my claim service connections and also the denials. Anyway, I appreciate your help in advance....Rootbeer22
  6. Morning, Just wanted to let everyone know that after 9 months of submitting a FOIA request for a complete copy of my C&P file, my claim was closed yesterday since it was apparently processed. There was no movement on it up until this week when I decided to have my congressman submit a congressional inquiry on my behalf. I also emailed every organizational account at http://www.oprm.va.gov/contacts.aspx and notified the Department of Justice FOIA office at https://www.justice.gov/oip/contact-office. Not sure which one ended up pushing the VA to actually do their job, but my claim was closed a few days later. I really regret waiting this long to take action...should have notified all of them on the 31st day after the original submission. Bolt
  7. Hello! I am a grey hair. 50 now, and have not heard reville in over 25 years. Though I ambulate with forearm brace crutches, I will forever hold my head even with the horizon. I am in my heart a Marine, and I love my country. I cant bear the brunt if battle now, but I do share the pain of my companions in the suicide prevention groups, and PTSD groups that I attend. Contrary to cultural myth, Marines do cry. And they need to be embraced fresh back from war. They need to know that hopelessness can fade. I need to know that too. But I do not use hope as an excuse to avoid the duty I swore to do - uphold and defend the Constitution against enemies, both foreign and domestic. This vow I hold above all else, except my God. But to be honest, I had strayed from my beliefs, in my grief, guilt and shame that define the disease of PTSD for this Marine. My life changed in the suicide prevention groups at VHA. I am growing, and it began when a very young seargent, discharged, held me tight in his arms, crying, and told me he came to those meetings to see me. I do not know why. I rarely say much, but I listen close. I have been ravaged by this disease. I have gained then dropped 200 pounds, I am recovering from a two fifths of liquor per day alcoholism (4 years and counting, one day at a time), I live alone because inevitably every single friendship breaks down at some point. I have PTSD, I am a man, and I was brutally beaten and raped so many years ago by calendar, but nearly nightly memories of brutal treatment. I was raised fo believe that a gay man was a sick man. I believed for decades that I was a sick man as a result. After that first attack, a Major grilled me about who did it to me. "Sir! This Marine cannot remember, Sir!" Shouting with veins popping out, he screamed, "Bullshit!!! You WILL tell me befire you keave my sight!!!" "SIR,!! THIS MARINE CANNOT REMEMBER, SIR!!!" I stood tall. I believed in my heart that it was my fault. I had a disease, I was told, and i was not ever going to rat out another Marine. I have come to believe that this is not the truth. My heart beats fierce in my chest, and the warrior can still summon the battle cry. I have gone Marathons on crutches. I have achieved Flight Instructor status, I am generous with the dual,oensions I get (SSDI and VBA), and my goal is to die penniless, in favor of charity. I give all that I can and am proud that my bank accounts go to zero each month from charity. This too is how I serve my country. I pay forward the the gift if being able to say, "I am a United States Marine, and I am a good and strong man." My country is very generous to me. My new battle cry is simple; No fear, No shame. This works for me. Lastly, I have a big time beef with VHA, who branded me a Violent Patient after their clinic manager was served with a Restraining Order to stop further abuse, naming me as the protected person. 4 days later, all medications, therapy groups, and care providers were terminated. The PRF letter I got stated flatly the reason for it was the RO that had been served. I went to the press. The ensuing bizarre and completely documented series of abuses that resulted from that Circuit Court RO, was said by the reporter team to be the most convoluted and extensive abuse of authority they had ever encounter. 2 years later, 19 interviews with me, 17 FOIA requests, 5 letters from VHA to my congressman, Peter Defazio from VHA, six seperate and bizzarre letters of PRF (commonly known as getting "red flagged") from 4 different Chiefs of Staff, and seven recorded conversation with VHA officials calling me at home....has all gone down. (Oregon Law on recording your own calls is very clear and is clearly legal. Do not do this without checking a local attorney) It is all documented and the story will break soon. I have audio, and multiple dicuments. I am ready to share them all. Online. I am not afraid of these people any more. We got em by the short and curlies, and there is no bunker that they can hide in deep enough to avoid this thing. The Oregon State Police said I had documented and reported a crime of a magnitude they had not encountered before. They told me to be very patient as these investigations can take years to complete. They urged me not to make this public until they were ready to spring this on the perps, hoping not to alert them. But IT IS TIME. I can post, and if acceptable to this site. I can post not only documentation and audio that will leave your jaw agape, but tell you precisely how this Marine honored his oath in a law abiding and correct, though painful fashion. I defend the Constitution, and my tools begin with that sacred document. I honor my brothers, and the personal price I have paid for standing up is complete discontinuation of all my meds and doctors. Nonetheless, i will use the tools secured to us in our Constitution to stand up to the tyranny that is VHA. I will show you how, if you want. It isnt easy. It wont be simple. You are facung a phalanx of attornies and corrrupt official. Nope. It is not simple. It is not easy. But this Marine will not crutch away from the fight, nor my oath. My pension is likely their next target. I accept that consequence, as I knew I would lose my medical care, and the enormous pain just keeps the fire lit. I am a United States Marine. I decided to take the shotgun from my temple, and made a choice to "do" and not "die". Anyone can make that choice. I did. No shame. No fear. By the way...Howdy and Semper Fi!
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