tdiu Help Me Clarify The Harm To Me By Fed, So I Can Stop The Harm.

[SCIDVET]

Fellow Citizens,

The harm to me is so great and so proved. I am spine cord disabled, inoperable, 90% and yet P&T.

The harm is: It took a lifetime to get it done.

To make this clear: "How useful are disability unemploment benefits decades late OR MORE?

People, I love my country, am not poor but hobbled by what little I have. If I got rid of home, could spend money at Mayo Clinic, as such great work REALLY was done by VA doctors and Military of keeping track of what happened when (and SO DID I).

As decades past, the brain trauma from injection of metrizamide into spinal cord and brain for Xray starts to clear.(accidentally mixed ten times too strong, it appears and or defective batch in 1980, inservice)/

However, because I cannot sue (feres doctrine) military, I was explained to to turn to VA IMMEDIATELY before getting out and accepting DD214. I did so and indicated request in 1981.

Let me take it from the top as 48 year old man no punches pulled AND NOTHING I SAY IS WITHOUT WRITTEN OR XRAY OR OBVIOUS UNQUESTIONABLE PROOF:

1) Minor back herniated disc. 1979.

2) injection of metrizamide causes Spinal cord disease Arachnoiditis. This makes inoperable!!! for LIFE>

3) Doctors operate to get to the disc that was the original problem that was not that bad.

4) Doctors operate incorrectly do not say so but miss and instead operate over the injection site- ironic- as the surgeon describes the harm- and is far far from he original injury (as he admits the next day in writing). They clearly describe the harm and adhesions.

5) I get very upset, having to tell Military Doctors what is wrong. How do I Know? Because am mechanic, electrician, can tell nothing had changed with the original back problem-but pain med also factor.

6) Navy trades me home and to another Army hospital they operate and record the harm from the arachnoiditis- NOT THE HERNIATED DISC- because they were halfway between the two (disc and injection).

Summary: Mild back problem. Injection making inoperable. Two operations anyway, they faithfully record what happened as they "Tried to dissect the nerves apart from each other"

Aside: What is really going on here is clear to any thinking person and I will not say it because I have no need to hurt your love for your own country. If you see it....Keep to yourself. Is too awful to ever say.

So why I write today:

I am 27 years into attempt to get minimal benefits, and have been working backwards in time since I got TDIU in late nineties. So far have worked back one year for every three years of waiting.

Now we at highest court (court of appeals, I think) and for first time have attorney, and paid, and I thank all USA and heaven for a little help past my brain injury from that injected chemical in 1980.

You see, I am broken man. I have reassembled self and it is not pretty but it is pretty powerful to be able to see "The king has no clothes" (government is transparent to me now, in every way I can imagine) except for this:

So the decades have passed, VA has committed so many heinous, harmful permanent, physical harms to me (incontinence, impotence, then made me fight about getting THOSE benefits! HEINOUS.

Now I have real citizen attorney whom I have written about how this current decision coming up will be about the 30th VA decision of my life that has always been overturned in my favor

FOR THE SAME xxxxxxx DISABILITY AND BENEFIT- TDIU.

So now, we at the highest court. My attorney gets a little quieter when I point out what is going on if the highest court just gives the benefit and that is all- I STILL HAVE TO FIGHT THE VA FOR LIFE>

Why: Doctors have no need to recognize the actual disability (never have) because that is not the RATING. The rating says "herniated disc" (and dont believe the crap about VA not using that info- I have had (in this case, perhaps number 22 success overturn on same xxxxxxx claim) I have had a decision overturned because the IDIOT at VA CITED MY VA DISABILITY CARD as proof of how disabled I was!

It is just so stupendously clear and evil and ignorant and HARMFUL TO THE UNITED STATES OF AMERICA AND CITIZEN.

WHy? Try this: Make the meanest toughest coolest fighting machine imaginable- A Marine- and then xxxx with his spinal cord and pretend you didnt. Then hand him into society, with a wink wink, nudge nudge, to the PORTLAND VA which immediately and for a decade makes the most beautiful recording (claim file) of error after error after error compounding error. Like not sending me notices, mixing me with other peoples claim file (and others having files in mine) and also: Refusing to put two and two together.

Example:

I come in for first VA physical. They say "How are you MR M----?" I see the trap (at 20 or so years old) and say tough: "I'll Live." (a true statement). The written view of that by VA is "Veteran feels the back problem is something he can live with".

Example: Same examination. I could not be examined for anything but herniated disc (but they did mention the other problems I reported (symptoms of arachnoiditis- stomach, mental, etc) so I had a choice in a VA physical:

1) Lie like hell and get benefits *(herniated disc not that bad, in reality)(arachnoiditis BAD but doesnt have same symptoms!)

2) Tell the truth and be essentially rejected not by decision and notice, but by a comedy of errors that spans a state (oregon) and half a decade at least.

I chose number Two, Pat, and xxxx LYING.

Lying is so awful and my religion does in fact dictate not to.

SO here is what I ask:

1) Does anyone dare try to summarize so that the anger and confusion of the above documentary is taken out and the sad true hateful thing can be made clear to my attorney

2) Does anyone have any idea what my rights are to speak with own attorney. Yes! I ranted to him (one email at a time, one subject, like cutting a diamond perfect case)/ I understand and it is my fault being a little cloudy of thought. Why: It is self destructive for a man to admit his own disease. It rubs his nose in it for life (the VA claim system that never says yes, but always gives ground with a few year delay in eacy denial, denial, small grant, denial chain that leads (over a lifetime of claim processing) into:

The very most well documented case of discrimination (intent is not mentioned by me) ever seen by the USA.

You think maybe Agent Orange and Atomic vets had it worse legally? They did not have proof!

The current system is in bad shape when I can show proof and work and get NOWHERE FOR MY WHOLE LIFE except money payment decades late that is worth a tiny fraction of its original value, and further, is only a little bit as useful as when I was FRIGGING STARVING AND FREEZING AND GETTING ARRESTED FOR BEING IN A DAMNED CLOTHING DONATION BOX IN SUB ZERO WEATHER/

Is there anyone that can read this that can help me overcome this terrbile terrible thing wihout taking Fox's ability to make the USA look really, really, really bad (waterboarding has NOTHING on torturing a vet for LIFE to keep him from treatment that will help him get treatment and healing and YES compensation.

I cant write any more am gonna throw up./

LOVE YOU ALL AND AMERICA. I DONT QUIT YOU SHOULD HAVE KILLED ME.

AM ALSO SMART ENOUGH NOT TO ACT OUT PHYSICALLY.

How many God Loved persons made THAT mistake already that are like me? (ALL OF THEM)

I owe it to them and you and Constitution to FIGHT THIS>

How am I gonna get my attorney to pay attention to my wants in this?

A few grand is nothing (the back pay retro we currently fight for) but saving a Country and a Life is something I AM HIGHLY MOTIVATE LIKE A NUCLEAR FIRE TO SAVE

If you (VA and FED) cannot deal with it- we need to replace the lot of you. As is provided in Constitution.

I am sorry people I cannot read this it destroy my soul Submitted without edit.

[Pete53]

Your not alone and many Veterans were delayed earned benefits not only from the time they separated but after they applied. In my SMR's was a report written that should have me separated with medical benefits but was never shown to me nor explained either so I did not even apply till 21 years later and had to wait another 5 years to get the benefits I had earned 26 years prior.

Thinking about this and some of the hardships endured makes me get nutty so the best thing for me is to accept that I have the benefits and some security left to me now.

My suggestion to you is to let it go and make the best of what you have. Really nothing else we can do.

Pete

[SCIDVET]

Your not alone and many Veterans were delayed earned benefits not only from the time they separated but after they applied. In my SMR's was a report written that should have me separated with medical benefits but was never shown to me nor explained either so I did not even apply till 21 years later and had to wait another 5 years to get the benefits I had earned 26 years prior.

Thinking about this and some of the hardships endured makes me get nutty so the best thing for me is to accept that I have the benefits and some security left to me now.

My suggestion to you is to let it go and make the best of what you have. Really nothing else we can do.

Pete

Pete,

Thank you.

We COULD fight.

Mike aka SemperFi aka SCIDvet

[SCIDVET]

Your not alone and many Veterans were delayed earned benefits not only from the time they separated but after they applied. In my SMR's was a report written that should have me separated with medical benefits but was never shown to me nor explained either so I did not even apply till 21 years later and had to wait another 5 years to get the benefits I had earned 26 years prior.

Thinking about this and some of the hardships endured makes me get nutty so the best thing for me is to accept that I have the benefits and some security left to me now.

My suggestion to you is to let it go and make the best of what you have. Really nothing else we can do.

Pete

Pete,

I could accept invitation to tell USA the story on national TV but that has long felt very embarassing for all concerned.

I have a book of untold misery and "whodunit" (but you know it is ignorance, sounds like(

Also could just start new website and start collecting ugly provable stories then print the website send to President of that time period when I actually accomplish suchlike.

Thanks, Pete, keep em coming!

Mike

[SCIDVET]

Pete,

We could have one hell of a class action suit if you say I am not alone.

How many do you think are here on the Hadit.com website? Thousand? Ten?

I think it is reasonable I would get (only referring to what is just not what I would demand) 50,000,000 dollars (fifty million) to ensure I could get all necessary med care for life and engage a staff to retrain brain and body.

YOu think that is a lot, 50 mil? Half taxes, 25, half attorney, 25, takes ten years, take thirty percent off for inflation, about 12 million after any added "Lifetime Bonus Tax" is invoked and lost.

FYI. Just because I have not sued does not mean I have no case, but I wish to help ALL VETS and by signing non-disclosure, I feel it would be cheezy thing to do to other vets who died by depression, pill, inacceptance, poverty, hate, anger, jail, VA Claim System, malpractice, and (what 7 more).

]

I think I have great legal case- but really, money is not really worth pursuing ten twenty years down the road- that is the entire point today!

See the time-trap better, Pete, and please be forward and candid, I am not here to get angry but learn how it looks to others. Frankly the last thing I expected in Hadit was "take what you can get" so am intrigued.

It seems like you say "It does not matter how much evidence you have, when you presented it, the VA is known to ever slip away and dont bother other greater men have wasted decades, move on?"

Mike

[Berta]

The VA has dealt with some class action suits over the years-

There is the famous Nehmer Agent Orange class action (which I am now member of myself as of 4-29-09) and in 1991 numerous disabled Puerto Rican veterans found that the VA had deliberately discriminated against them regarding their VA claims (so unconscionable it is difficult to even think about this case without getting angry) and the VVA lawyers (Vietnam Veterans of America) won a settlement on their behalf in class action case.

As I recall there are 2 class action veterans cases that might still be pending and unfortunately Paul Sullivan and Gordon Erspamer-many of you know who these lawyers are regarding the class action they filed on behalf of OIE OEF veterans in SF District court- had this case dismissed by judge due to jurisdictional issues- forget exactly how that went-and any appeal status-

I consider these two lawyers the finest veterans Class Action attorneys around-but there are more-

Still the Feres Doctrine is a controlling factor in your case and yet Feres as well is being challengded all the time-

I do not foresee however that the Military will ever be liable for inservice malpractice- as the Military is not a democracy and civil laws do not apply-

If Feres is overturned (and their is always movement to do this by various entities)an enourmous bag of worms would open and cost the gov money.

The US CAVC is not the highest court- it is a court that determines if a BVA decision is erroneous as to interpretation of VA case law.

If the BVA decision is flawed to the veteran's detriment the US CAVC can remand the claim.

If the CAVC does not remand or overturn the BVA decision the vet can file appeal in a Federal District COurt.

With 100% now- what is the basis for the CAVC appeal you have?

I am assume that you do mean you have a lawyer who is repping you at the CAVC level.

The sole function of the CAVC is to check for prejudicial errors in the BVA decision and to see if you received ypur proper rights under the VCAA.

The court only uses the established record.No new evidence can be sent to the court.

I helped a new CAVC lawyer recently.

I saw 2 critical errors the BVA had made in their decision which were the only basis he could use for his brief.

I told him the best thing he could expect was a remand which could then open the way for some new evidence.

Luckily he got the remand on these errors.

This might be all your lawyer can expect-

Also the EED for retro is the date the claim was filed-for most of all VA claims.

Unless you filed a claim for same condition within one year after your discharge, your EED will be the date you filed the initial claim.

I dont understand what the basis of your CAVC case is.

Your lawyer is limited to the Rules and Practices of CAVC and cannot include in his/her brief to the CAVC any new information that is tangential to what the BVA decision was about.

[Berta]

PS I forgot to mention the Data Theft Class action which VA has recently settled and also NVLSP has filed a class action suit recently on behalf of OIE OEF veterans-

if you google Veterans class action-you might find a class action veteran's suit that you could join- depending on the nature of how you were harmed or injured.

Personally I feel probably 99% of us here should be in a class action suit against the VA for their incompetence in the ludicrous VA claims process.