Concealment Of Evidence By The Government

[Stretch]

I never discussed EED with the VA. The VA says that my claim first started in 1986. Actually it started in 1972, but my formal claim came in 1983. Could be that they are violating Zeleznek, and that an EED could be resonable.

In Zeleznik v. United States, 770 F.2d 20, 23 (3d Cir. 1985), the court noted in dictum:

"When the government actively conceals its own wrongdoing by misrepresentation, there

may well be equitable reasons for tolling the statute of limitations.

[Josephine]

My denial, for back injury claim decision, stated that there was no injuries in SMR (decision 1986).

On the same paper, dental decision in the second paragraph it says that I had severe head trauma injury shearing off several teeth and a broken nose and lip. This injury was detailed in my SMR medical and dental records.

The VA witnessed it's own withholding of evidence in the same decision on another claim.

(I have always had VA dental.)

If I would have been granted the Back injury Claim, in 1983-1986, I would have had an EED of 1971.

It sounds exactly what the VA did to me. The VA knew what they were doing to me every step of the way. I finally caught them and called them on it.

Betty

[john999]

What date did you file an informal claim for benefits? If you wrote the VA and told them you wanted to make a claim for an injury that should the date or original claim. Is there something in your records that would trigger an inferred claim they ignored? For instance, if there is something in your records that says you cannot work because of your disability then that should trigger a IU claim.

[Stretch]

John,

I am already 100% T&P (Hadit), with the VA, but I need for these injuries to be connected. The neurologist at the VA said that I would need the operation, in my neck, and suggested that I need operation at L4-L5 through L5-S1. I have the MRI's, x-rays, cat scans, and VA neurologist statements (several lengthy analysis) that injuries were caused by trauma that had to have happened in service. The C1-C5 damage was with the same injury. Injuries are in SMR and were sworn to by service buddy in affidavits.

Here I will show you one slice of MRI in my right neck C1 through C7 visible.

The spinal cord is actually touching the bone, and you can see how one of the Cervical Vertebrae punchered another. This gives paralysis in my right arm most of the time. VA played it off as probable bursitis years ago 1971-1984. When I sliced my left hand half-way off in 2001, I thought it was the end of my life, until I found Hadit. A machinist with no workable hands is like a computer with no mouse or input device.

This is what happened. Fall was about 40'. Artist concept.

I wasn't a Lawyer/Doctor in the 1980's, so I did not understand process nor was I capable of understanding it. I was represented by the DAV. DAV did not call me one time through out my claim. I did not even know what a NOD was until Hadit.

New information and old information does not change what was and is. The claim was reopened because the VA failed in its diagnosis and process.

I will win. I may need Doctors IMO, for Nexus, from Dr. Bash.

Back claim has been through RO, BVA, and now AMC.

Ask away that is how we learn, and the questions may lead to answers that weren't considered