hypertension Guidance On Claims Involving Hypertension Based On Herbicide Exposure Fast Letter Is Being Rescinded (08-14).

[allan]

Hi to all,

My claim is not going to a lawyer as I thought.

{Before you read why I will putting out a link on once again; the VA and IOM have teamed up to deny another presumptive disorder.

Guidance on Claims Involving Hypertension Based on Herbicide Exposure fast letter is being rescinded (08-14).

I will put out an information link as soon as I can along with the VA study and others that says there is a connection to herbicides. I need to go back to the Ranch Hand transcripts as well and will take some time to review the ones I have.

Outside of VA, IOM has got to be the Veterans/Widows worst enemy. Congress has got to get to the bottom of these issues in telling us what process anyone involved in these issues is using; at least that much should be transparent so we can try and take some legal action at the constitutional level. Which should be a subject at every town hall meeting for any one running for congress that any Veteran/Spouse/Widow attends to demand some answers as to how and what is the process and how is it legal and meets the definition of legal matters in a court of law since basically that is what IOM is doing with no legal accountablity to the victims.

Unfortunately, for my family and I, I followed the DAV advice and submitted a Form 9 for a Board of Veterans Appeal Hearing. While I waited for five years to even get this hearing in January of 2007 the hearing itself was more of a kangaroo court played out script than not, between the DAV VSO and the judge herself. I had made the mistake of sending my presentation to the DAV VSO ahead of time thinking he would assist me.

I was not allowed to present a 20-minute chronological presentation/dissertation on the facts of VA denials and how they were wrong in accordance with their own rating sections cited as to cumulative effects along with other pertinent study data and pertinent information on PN, chronic fatigue, PN associated degenerating joints, PN associated wasting of tissue and atrophy along with a change in the support muscle for the bones, etc.

When the judge saw my disgust at this matter she even told me up front and personal, even though I has waited for five years thinking I would have a least some semblance of a chance at presenting a real case to a real person, “Mr. Kelley you do not have to be if you do not want to be.”

Anyway the lawyer I contacted indicated as long as the DC Appeals Management Center where my claim has been BVA remanded has not concluded or made a decision there is nothing anyone can do. Remember in the past we have found in American Legion Audits where these BVA remands sat for five years with no one looking or working them.

I cannot use a lawyer nor can I change Power of Attorney until the DC Appeals Management Center makes a decision, which seems to have no requirements for time to decision. Even though the Board of Veterans Appeal remand itself and law states the following:

“The claim must be afforded expeditious treatment. The law requires that all claims that are remanded by the Board of Veterans Appeals or by the United States Court of Appeals for Veterans Claims for additional development of other appropriate must be handled in an expeditious manner. See 38 USCA 5109B, §§ 7112 (West Supp. 2006).”

Now since I have been calling on my remand here are some of the answers I have gotten back:

Such as waiting on Social Security Information, all data is here and waiting for review, the claim is in the authorization cycle, the next call I was back to where I was on Oct 9, 2007 and in one case a worker indicated she could not tell what was going on with my claim at all it was so messed up and would have to ask for overtime to status the claim on the weekends and call me back. If she was not given overtime then she could not resolve the status. Of course none of that happened.

I have spent the last few days on the phone trying to find an end road around this deal and everyone I talked to say there is nothing that can be done until they finish the remand; if it takes ten years then there is still nothing that can be done. Nice touch on the part of our government and its legal system for Veterans/Widows.

Many indicated that filing out a form 9 is the last resort for a Veteran, which by the way the DAV never told me this and I thought they knew what was the best thing for me to do. I was never told I could challenge the rater with my cited sections of improper rating at the local VA IAW their own regulations in Title 38 Part 4 Schedule for rating disabilities Schedule of ratings—neurological conditions.

The bottom line…instead of the VA hamster wheel it looks like once you are in the DC appeals remand, you are now in the hamster wheel but the wheel may or may not move.

For those that go to the BVA it looks like the best thing that can happen is they deny you so at least you can find a lawyer to assist you back at the BVA.

Best,

Kelley

Gas prices getting you down? Search AOL Autos for fuel-efficient used cars.

[Berta]

Kelley is Jerrel Cook's guest tonight at SVR-

I am emailing Charles for a copy of the "fast letter"

This story broke some months ago in a story done by a Texas newspaper-

The story didnt seem to make sense to me-

The source was someone from the Texas Veterans Commission-

I did a lot of work to look into it-

if VA was really considering HBP as caused by AO not only would this be major news in the vets communities but it would cost the VA millions- and my AO claim as well as many vets claims could be awarded on this basis.

I learned from the TVC itself that someone had "embellished " the facts of this whole matter.

I asked the newspaper to clarify it-

the guy who did the story only had info from TVC and not the VA-

He said he would send me copy of what he had and never did-

I think this grew out of an IOM report that stated their was some association of AO to HBP-

that means nothing to the VA -they dont care what the IOM says-

at least in the case of HBP due to AO-the IOM report did absolutely nothing to cause the VA to amend 38 CFR and add HBP as presumptive.

Has anyone ever seen this fast letter?

Someone from the TVC said the VA was developing a way to handle HBP AO claims-

I have never seen anything to suggest that at all from the VA itself-

this news went through the veterans electronic community very fast and many vets at many sites thought they had a chance for an AO award due to HBP.

Believe me- when and if the VA puts HBP on the AO list-it will be big news and not only in a small Texas newspaper.

[allan]

They have fought every combat vet that served in country or sprayed the stuff, over every possible ilness associated with AO.

Their stand on any AO issues is to let them and their families "DIE". Even if this passes, they will hold the, let them die stand, with all AO claims any where else on the planet, except "in country" Vietnam.

It should be, "all" toxic exposures" of all branches of service are exposed anywhere, to include adverse reactions of vaccines.

The DOD is to busy giving out contracts to their chronies to care for Vets in this do nothing government. Maybe the next do nothing government will change the wording to deny it differntly, who knows.