ptsd Up-date On Unusual Question

[Jim 501st]

I posted recently on my forged final exam. They forged everything concerning my hearing, vertigo and meniere's disease. Problem for them is they forgot to extract the originals.

I have the attached documents as well as another form-9,for UM, and meniere's, plus two other claims. The sad story is I should have been made aware of all the above at time of discharge, but they decided to change my documents rather than discharge me with the known service connected disabilities.

I ask again do I have a legal recourse to this fraud.

I was already 50% ptsd. on my recent decision I was awarded 30% hearing and 10% tinnitus which brings my total to 73% rounded off to 70%. I mistakenly posted before that my ptsd had been increased to 70%. My error it wasn't.

They denied my original claim for hearing and tinnitus without a C&P. Probably they looked at the forged document, when I hand carried both copies to the RO they gave me a C&P and the award.

I didn't notice the other forged documents concerning vertigo and meniere's until recently. I will be hand carrying everything again this week and I guaranteed someone will talk to me or my next post will be from the Huntington jail. If they want a war I'm the one. I have survived more than one ambush.

Pissed off Jim 501st

---------------- SS --------- Case number ------------- 17 May 2008

Please accept this letter as my official Notice of disagreement with your decision (SOC dated May 13, 2008) for Meniere’s disease (also claimed vertigo.)

• Service medical records showed that you were dizzy related to a urinary track infection and there was no record of vertigo or Meniere’s disease.
  
  
  I don’t think this record exists. I think a June 28, 1959 record was misread. It speaks of a possible Upper Respiratory infection, not a urinary track infection. (Attached)
  
  
  
  2. Records dated in 1980 mark the first reports of dizziness diagnosed as vertigo.
  
  
  
  I have attached a record of a physical done on 20 September1960, where under dizziness and fainting spells I checked YES
  
  
  
  3. A VA examiner reviewed the claims file and indicated that Meniere’s disease was not caused by nor a result of military service. The examiner indicated that the chronicity of disease was not indicated by the chronological evidence for review.
  
  
  
  I would like to prove that the evidence she examined was flawed. I have been through my medical records many times, and notice that there were three pages that were duplicates. (I requested and received these records from the Huntington RO.), so your copy should be the same. All three sets are on my final physical.
  
  
  
  I have labeled these four documents exhibits 1 through 4. I would like to point out that all four of these documents pertain to hearing and vertigo or meniere’s disease.
  
  
  
  
  • Notice that exhibit 1. was altered by adding another graft underneath the original and was signed by C McGinnis in block 79. In block 82 it is signed by officer or approving authority. (Name unreadable.) The second graft drawn in changed my hearing loss from a category 2 to a category 1 in block 76.
    
  • On exhibit 2 all information is the same except block 82 was whited out and copied. I think this proves that exhibit 1. was meant to be destroyed but was accidentally included.
    
  • On exhibit 3 and 4 I highlighted all the obvious differences. However there are two changes made in the two documents I want to point out.
    
  • Exhibit 3. in the block for car, train, sea, or air sickness I checked YES but it was X-ed out and checked no. I think someone at this point didn’t think it looked right and decided to create a new document, (hence document 4) If you turn this document over you will see it was signed by C. McGinnis.
    
  • Exhibit 4 notice under car, train, sea, or air sickness it is checked no but if you will turn this document over you will notice there is no signature. I think the signature and other stuff on this document was whited out and redone. I also think exhibit 3 was changed and meant to have been extracted from my records but left in accidentally.
    

  Page Two

  NOD-Meniere’s Disease

  Case Number ----------

  The lady that did the C&P for hearing disease admitted I had proof of severe Meniere’s disease ratable at 100%. I had service connected hearing loss and tinnitus which was necessary as one of the components, but she could not find in my service records that I had the two other things needed to establish MENIERE’S disease service connection. Those being dizziness and motion sickness.

  I am of the opinion that my service medical records had been altered on my release to insure that these could never be claimed but they made an error by leaving the original records intact.

  Thanks -------------------

[Bill (USAF Retired)]

I posted recently on my forged final exam. They forged everything concerning my hearing, vertigo and meniere's disease. Problem for them is they forgot to extract the originals.

I have the attached documents as well as another form-9,for UM, and meniere's, plus two other claims. The sad story is I should have been made aware of all the above at time of discharge, but they decided to change my documents rather than discharge me with the known service connected disabilities.

I ask again do I have a legal recourse to this fraud.

I was already 50% ptsd. on my recent decision I was awarded 30% hearing and 10% tinnitus which brings my total to 73% rounded off to 70%. I mistakenly posted before that my ptsd had been increased to 70%. My error it wasn't.

They denied my original claim for hearing and tinnitus without a C&P. Probably they looked at the forged document, when I hand carried both copies to the RO they gave me a C&P and the award.

I didn't notice the other forged documents concerning vertigo and meniere's until recently. I will be hand carrying everything again this week and I guaranteed someone will talk to me or my next post will be from the Huntington jail. If they want a war I'm the one. I have survived more than one ambush.

Jim,

I am sorry for your troubles, sir, but please remember -- two things are required in order to win a paper war:

1) Patience

2) Better paper.

Raising hell will make you feel good short term, but it will distract you from your long term objective. Especially if you're posting from jail, or just alienating people who will ultimately decide your fate.

You might have recourse in federal court for these issues, but they'll want to see that you've exhausted your administrative avenues first.

I respectfully suggest that you have someone review your case documents who is both VA-savvy and NOT emotionally involved with the outcome. I'm sure you're VA-savvy, but you could probably benefit from an unbiased review of your claim and supporting documentation. That will help you plot your next move.

v/r

Bill

[Berta]

I assume this was a recent denial and you can bring up these points in a NOD.

Bill is right that you need someone to go over your evidence carefully-

Forgery is a hard charge to prove-

It looks to me that the VARO-in your case-did what they have done to plenty of us and did not properly consider your evidence.

Have you asked for a DRO review or DRO hearing?

Anoher thing too- the VA doesnt have the ability to connect the dots-

Since they did appear to award you the 30% for hearing loss and tinnitus

"They denied my original claim for hearing and tinnitus without a C&P" that-

if it was a final VA and older unappealed decision -it could be basis of a CUE claim-

hard to say-

Also I suggest that you go over the VA rating schedule carefully as to how VA handles a rating of Meniere's when hearing loss has already been established.

http://www.va.gov/vetapp03/files/0309432.txt

This BVA decision shows how Menieres can be granted as a secondary condition due to hearing loss.

[Pete53]

If you are sure or pretty sure of forged records you should complain to the VA Inspector General. Or you can wait and see how your claim is handled from what you have already done and if not satisfied write the Inspector General with your problem.

I wish you good luck on getting your claim done correctly.

[jbasser]

Jim, I am sorry this has happened to you. It has happened to the best of us.

You should summarize the entire claim on a Statement in support of claim.

Each paragraph should be numbered and the evidence attached as each paragraph number.

Lay it straight to them.

Not considering evidence or mis stating evidence is common practice. That has made me become very straight forward in dealing with the VA.

I was straight to the point, Showed them the regs.

Personally I think these people think the average Vets are uneducated idiots.

Show them you know the ropes and dont let up. You will have success.

Pete, Berta, great advice here.

John