I'm So Depressed At This Crap!

[hollywoodnc]

WHY are you on Hadit.com? It's because you are either:

#1) DISGUSTED

#2) CONFUSED

#3) DEPRESSED

#4) ALL OF THE ABOVE

Well, welcome to the club!

I've been jerked around by this VA for so many years it's not funny! I am TRULY at my wits end with these people. This isn't the way WE are supposed to be treated. This is utter BULLSHIT!

What I am up against is the fact that my claims folder is in Roanoke, Va. These people here MUST be brain dead! I'm involved with THREE different claims, and have answered to each one of them as they requested, and for some strange reason, they AREN'T reading my replies??? My POA is stumped also! I am thoroughly convinced, that, these people at this RO are suffering from Attention Deficit Disorder! Even after I asked them to transfer my claim, they are STILL in possession of it & are STILL addressing the same issues. This is UNBEF*CKINLIEVABLE!!! I'm starting to bring up "Court Order" threats to force this transfer! Being an EX-employee, my folder is in "Lock File", making it impossible to move it anywhere!

As some of you are aware, I used to work at the Winston Salem, NC RO. During my tenure there, I injured my knee while at work. Management made my time there extremely difficult, by means of lies, attempts to force me to quit, creation of a bad work record, controverting my Workman's Comp claim, & finally terminating my employment, while under a doctors care no less.

The "games" that these retards have played was unreal!!! All I wanted was medical treatment for my knee.

Everytime I addressed a concern regarding a claim folders condition, I was told not to be concerned with that, and to just "Tape It"!!? Yes, I wanted to treat YOUR FOLDER, like it was MY OWN! That's how I expect mine to be treated. Instead, I was chastized for caring.

Ironically. these are the same people , who clearly violated my civil rights, that use LAWS to decide on Veterans claims! That case, including a claim to have a lying regional counsel associate DISBARRED, is still pending in Federal District Court! I am a Pro Se plaintiff, and I'm determined to WIN!

Why I'm posting here tonight...

Several thoughts have crossed my mind, and I want to act upon it. What I'm referring to is a CLASS ACTION LAWSUIT against the Veterans Administration!

Not long ago, while surfing the web, I ran across an organization which had brought up the topic of LAWSUIT, and do not remember where or who it was. I should have acted on it that day.

I therefore, present the idea to you today, in this post.

We, and I believe I speak for the majority of you, are ALL in the same boat. The VA is in complete disarray...

*The Health care is substandard...

*The Process of resolving a claimants issue(s) are DISORGANIZED...

*RO's are overfilled to capacity, and are ready to burst at the seams (folders are EVERYWHERE)...

*Veterans files are ON TOP of file cabinets (I do have PICTURES)...

*Folders are falling apart, thus files fall out and are lost...

*Your valuable documentation is sometimes lost (attached or inserted in wrong folder)...

*Folders end up missing...

*Claims folders (in cabinets) are crammed in the drawer so tight, that destruction of folder and documentation occurs when pulled OR filed...

*A lot of Veterans issues are OVERLOOKED, (especially those that are complex), due to adjudicators being FORCED to resolve so many issues, in so much time. If they don't meet the QUOTA, they are reprimanded (this stupid procedure leads to missed issues. If they meet the QUOTA, they{THE TEAM} receives a CASH BONUS per quarter and/or year! The quota system should be ABOLISHED, and MORE PEOPLE HIRED to expedite backlog)...

*A growing majority of Adjudicators do NOT use COVERS to let others know where YOUR claims folder is located...

*Some hospitals aren't fit for pigs to live in...

*Clinics are slow to set appointments...

*Doctors are assigned to Vets, that do not specialize in a Veterans ailments, thus causing the Veteran is forced to wait 6 more months+ for a more specialized doctor (if you want to call them that)...

*C+P exams are anything BUT favorable for Veterans...

*YOUR ELECTED OFFICIALS are voting for the cut of YOUR benefits, all due to a FAILED ADMINISTRATIONS policies...

These are just a FEW examples...

NOW...THE BOTTOM LINE...

I am a WHISTLEBLOWER, and I have reported: Gross Waste of Funds, Gross Mismanagement, & Abuse of Authority, to the President of the United States, my Senator & Congressman!

My claim of whistleblowing is now defunked due to the inability to obtain counsel, & the confusion that Regional Counsel (opposition) presented.

I therefore, decided to persue this (evidence) in the EEOC case!

Anyway...

The VA is BROKE, DISORGANIZED & CORRUPT! This has been an ongoing problem for a while now. No matter how many of us complain, it DOES NOT IMPROVE. On the contrary, it IS worst!

So, where do we go from here? Congress, nor the Senate seems to give a rat's ass about the way this agency is in severe default. New appointees, PRETEND to care, but are only out to follow their budget.

So, what's left to do? My opinion??? An UPRISING is the only recourse that is left.

In the next few days/weeks, I'm going to obtain an address to receive mail. I don't think it would be a good idea to give my home address. A PO Box is more realistic for this.

WE, as Veterans, were promised assistance upon discharge from the Armed Forces. This crap that we are going through, will NOT be tolerated anymore.

I don't give a damn if you are Peacetime or Combat Veteran...a VETERAN IS A VETERAN...PERIOD!

Where I decide to have all this mail sent, my plan is, to announce it to the Media and PUBLICISE IT. In short, that's how the SH*TSTORM is going to be started. It doesn't stop there...that act is the WAKE UP call for other Veterans to address their concerns. That'll also alert the "Ambulance Chasers" to persue legal recourse.

Try calling an attorney on your own...you have a snowballs chance in hell of getting anywhere with these jackasses UNLESS you possess fistfulls of ca$h!

I'm not looking to bankrupt the VA. Just slap them back, like they have been slapping us.

ENOUGH, "IS" ENOUGH...I've "hadit"!

Just curious...Give me your input on this idea. Also spread the word to other Vet's!

Thanks!

Bruce M. McLaughlin

[hollywoodnc]

Hollywood,

I would be happy to help you in your EEOC case,I have done a few of these along with MSPB.

You are right when you say a Lawyer will not touch it unless you have a fistful of cash, and then you do most of the legwork to boot.

Hey "JR"...

I just received the response from the opposition, and GUESS WHAT??? They're filing a "Summary Judgment"!

(Oh...I'm soooo surprised!)

In it they are just saying the same thing that the original regional counsel had stated! They also included a couple of interesting "Tid Bits" accusing me of not conversing with a EEO Counselor when the discriminations first arised. The problem with that is that I wasn't aware of the actual violations UNTIL I was terminated!!!

That's just ONE bogus argument! Nice try though, Huh?!

They want ALL charges dropped! (hahahahaha) It's NOT going to happen!

Anyway, I got a lot to do.

Oh, one last note...

They introduced the Toyota v Williams case note...AGAIN! God almighty...Talk about comparing Apples to Oranges to argue what level of disability you are under, as is stipulated under the ADA.

This case note is STUPIDLY used, and in this case is irrelevant! How can I conceivably be considered as NOT being disabled under Toyota v Williams, when this case is involving someone's wrist (carpel tunnel)? How can this case relate to mine, involving the lower extremities?!

Anyway, got to go.

Take Care!

[JR Reihs]

Hollywood

The agency's are famous to use the Williams case as the Supreme Court realy put it to the disabled, in this ruling as it pertains to major life activities and limited claims to such, Never File Under ADA, always use Rehab Act.

You can continue with EEOC if you prefer but after 120 days of this you can file with the MSPB, Much faster, and you can still continue with the discrimination claim.

the agency is only blowing smoke with the summary judgement, as this is like the VA and computer generated letters......the agency is just trying to frustrate you in this, by making you file more resonces hoping that you will screw up.

[hollywoodnc]

Hollywood

The agency's are famous to use the Williams case as the Supreme Court realy put it to the disabled, in this ruling as it pertains to major life activities and limited claims to such, Never File Under ADA, always use Rehab Act.

You can continue with EEOC if you prefer but after 120 days of this you can file with the MSPB, Much faster, and you can still continue with the discrimination claim.

the agency is only blowing smoke with the summary judgement, as this is like the VA and computer generated letters......the agency is just trying to frustrate you in this, by making you file more resonces hoping that you will screw up.

Hello again "JR"!

Yeah, "Been there Done That"! I've been through 3 years of dealing with this crap!!! I've been questioned by...

ORM, OPM, EEOC, OFO, MSPB, OSC...!!! You name the agency, I probably have corresponded with them! I've learned more about the Gov't in the past three years...SHEEEEEEESH!!!!!!!!!!!!!!!!!!!!!!!!!

Anyway, you're RIGHT. The defense has used the Toyota Motor Mfg. -v- Williams defense to QUASH disability...HOWEVER, for any of you reading this consider something here...

Briefly stated, Toyota v Williams regards a woman who filed for Disability, for Carpel Tunnel Syndrome, and the attorney for the case stated that this Woman should not be considered as disabled, because it doesn't effect a (Key phrase here): "A MAJOR LIFE'S ACTIVITY"! Somehow, believe it or not, I agree.

A Major Life Activity, would be considered as the inability or difficulty in: Walking, Breathing, Seeing, Caring for one's self, Working, etc.

MY Argument and I stated this in my brief (and this involves my KNEE by the way)...

"I noticed that the defense is using the Toyota v Williams approach in attempting to discredit my disability issues here. I would like to address this by saying that, Toyota v Williams should not be used as a comparison to this case being that My Major Lifes Activity affected are my inability to WALK, not the inability to hold a frying pan! The difficulty of sitting on a toilet, has an effect on a 'Major Life's Activity'!" Yes, I wrote that in...Think about it. If you have difficulty bending your knee, how can you enjoy taking a dump!?

(hahahahaha).

I also stated that, at times, I couldn't even bend my knee to put on socks & shoes, scratch my foot, wash my foot, squat to pick something up, kneel, etc.

What I'm saying here is that the defenses argument is comparing my lower extremities to an upper extremity body part...Your knees support roughly 75-80% of your body weight. Your wrists don't. So, when the defense uses this case, in effect, it's just comparing 'Apples to Oranges.'

If ANYBODY suffers from a lower extremity problem (eg: Hips, Knees, Ankles, feet), this case cannot be used to compare. Hey, a wristband works wonders. What do you use for hip pain? A Girdle?

Now, I know why they're using it...to prove that I'm not as disabled as I claimed, yet, when you consider that OWCP pays you (While you're out), and uses "Lingo" on their forms depicting "Total Disability", then you can be considered as "Totally Disabled", at least temporarily!

It's funny, because in all this time, the RO has been stating that I wasn't considered as "Totally Disabled"...YET, I received a cover sheet, from the same RO that specifically states:

"10/22/02 Physicians Report--'Complainant totally disabled' 10/07/02-10/22/02"... &

"11/04/02 Physicians Report--Diagnosis of Plica Syndrome---RTW(Return to Work) 12/16/02;

total disability 11/01/02-12/15/02".

That, in itself tells the story. During those periods of disability, the management of this POS RO, had devised a "Bad Work Record", to warrant a termination. I did NOT receive ANY notification of intent to terminate which, is required under 5CFR 432.104 & 432.105! I was entitled to appeal any decision made by these PRICKS, & was suppose to receive a thirty day notice. They FAILED to do so. They also performed this fiasco WHILE I was out! I was also terminated DURING a VALID OWCP claim, and was in the process of receiving medical care (P/T)! It was a BAD MOVE on their part...!!! In short, they're SCREWED!

The DOJ is handling this case in Fed Court. The primary reason for this, is because the RO's counsel had submitted FALSE info & created fraudulent Affidavits to Administrative Law Judges! YES, she had been named as a defendent, & I'm recommending that she be DISBARRED for violating the "Model Code for Professional Conduct" Rule 8.4 "MISCONDUCT"! I do feel for the DOJ. They have a case that is very difficult to win.

I'm in the Summary Judgment stage, which is the deciding factor in any case. I DID pull out ALL the stops, & the "Big Guns" are now out! This case has so many issues, that now I have to drop the nitpicking issues. I am unable to fit it all on eighteen pages (double spaced)! They allow for twenty pages, but the two pages are for a cover sheet, & Certificate of Service. B)

My PRIMARY goal here is proving that the defense's argument (or reason for termination) is PRETEXTUAL.

I'm just hoping that I didn't miss anything...

Oh, BTW, I DID also list "Rehab Act 501", however my SC disability was not the factor here, and YES I had stupidly mentioned that in testimony. I can conceivably "Tie it in", because of my left leg condition, and it involved my atrophic leg (past hip problem). The only thing I mentioned was that my HIP (THR) wasn't the issue here...however, I didn't mention that I DO show & possess signs of atrophy!

Take Care!