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.

[SCIDVET]

Hello Berta, I remember you! Do you remember me?

I am thankful for your attention you are pretty clear on most of it, I will italicize your words and questions below:

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

Berta, the initial harm as in service, the first two surgeries immediately (week or months) after the injection.

The greatest harm is the comedy of errors by VA, such that unless I lied and admitted I had a less serious (original) disease (pinched disc) I cannot to this day get benefits for arachnoiditis (a five way worse permanent inoperable painful, incontinence, nerve stick in spinal cord to each other, unexpected WHAM no walk for 5 months for relaxing while standing up. Like that.

So it has been about 27 years for one thing, most clearly requested and recorded, in 1983- the exam even includes my statement about the stomach and mental problem of arachnoiditis- but then they decided it was personality disorder. Ten years later when I was able to again respond (by leaving Oregon to California they started clear record, and thigns slowly, then suddenly, changed- VA realized there is no personality disorder is ARACHNOIDITIS PAIN (at least).

Now VA NEVER EVER has to admit or correct itself- it just gives a few thousand more, a few months more retroactive TDIU. Currently we are getting the one solitary benefit for a year or so prior to July 1990.

After that will be the 23 through 30th (guessing) overturned decision in a row for same disability compensation (TDIU) Since 1983.

The crazy thing: There is mountain of paperwork everything is quite proven.

Next you said:

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

Remembering the brief my attorney said essentially "with this request here, (repeat three times for different events) and these exams here (same repeat) he repeats again and again

"Why was this vet not granted TDIU?"

But the fact is the VA NEVER EVER turns around! They just write check and say nothing. This way the case is never strengthened, I spend my life trying to prove a serious spinal cord disease.

Berta, it is hard to believe: I cannot go get treatment because if they reflexively deny (and THEY DO!) the doctor-student-caused disability, and treat as pinched disk, they will AGAIN make it worse and have proven so:

In 1994 they (VA) injected Depo Medrol (steroids)into spinal cord affected area. YOU NEVER DO THIS WITH ARACHNOIDITIS because it creates irritation and PERMANENT SCAR TISSUE>

I believe have shown clear the harm from not getting VA to accept the harm it does me, regardless of Military. I gave up on suing military before I got out.

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

Earlier effective date for TDIU prior to 1990. This has been, as stated, roughly the 23rd overturned decision since 1991 for this case favorable always to me. But this is no reason (evidently) for Fed or VA to give in and admit error. They have me in this "Time trap" for life without possibility of competent medical care.

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

Yep, one of the best I hear. Still, with him, with you, I get upset, not that clear, but KNOW MY CASE.

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.

This is good stuff Berta, because I believe I did NOT GET DUE PROCESS because (in 1983-6) the local VA failed to mail me decision to send to BVA with disagreement. There never was a final decision in this TDIU case even back in 1983.

The presumption of regularity (post office) is overcome as the Claim file shows they sent notices to response to some one else in Portland who lived on Stark Street.

Surely this fellow is cross referenceable and I did check this out, and found a real live vet (almost 15 YEARS AGO) still at that trailer park type place. But nobody cared then. Now he is probably dead. I still need basic health care accomodating treatment caused SCI/D

Sorry but you must see a snippet of one aspect, Berta, it is just so nutty to me to see it so clear (followed my claim and case and law whole adult life now! but am now old, not young 19 year old, and am losing mental faculty as is no surprise.

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

The claim was filed and ignored repeatedly over decades, we have stair-stepped back five steps from 1996- 1990 and going backwards over about 18 decisions overturned (approximately), All for TDIU back to 1983 there are written requests.

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.

This means if taken by itself we move forward to first exam by VA in 1983 or so. There are a avalanche of harms starting there to 1987. Presently the current attorney for the current one year back pay iteration is at CAVC. However there are 7 more years before 1990. It looks like I will win THAT Retroactive unemploment help for disability (TDIU) when I am...74.

So maybe will get all benefits by 74 years old a civilian could have got in the same year of injury or one extra- 20 years old.

That is a 54 year delay, Berta- can you imagine the insane spirits when they have been pushed like this:

"Tell us the disability we want to hear! Do it! Do it! If you dont, we will put you in time trap of eating garbage, starvation, making SCI problems worse permanent, and make treatment dangerous to get (except in California, where great SCI clinic is- but I have to SELL MY HOME and MOVE TO CALIFORNIA or put up with bozos that "Dont need any medical records, films or any data or introduction from your last VA".

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

Earlier effective date. There are many examples of request for unemployment help and VA not following through for year or two before July 1990.

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.

Tangental. I believe it is Focal. Because am living proof of being on merry go round of VA Claim Processing- but am so unpopular (disease acceptance equates to acceptance of medical harm by VA and fed individuals and admin) the merry go round is MAGNIFIED. Therefore am good example of how bad the VA will fight to keep discriminating against a vet for life sentence. While murderers get three hot and a cot.

It really, truly turns my stomach to see what I have said, just like earlier, Berta, it is unfathomably ugly. Behind me are countless suicides and in future, countless more, and all of us (if you will) are together wasting HUNDREDS OF THOUSANDS OF MAN-YEARS. (If there are ten thousand of us, we all wait twenty years to life, that is 200,000 man years or more).

So THAT Is how evil this is, I best go, love you Berta for your selfless devotion and calm.

Mike

[Wings]

x

x

x

Dear Veteran, You are going to have to place some trust in your attorney, and do something else for awhile, that makes your life feel worthwhile --write that book! After reading your story this morning, I went out for a drive, and coming home had to pull to the side of the road and cry. Have Mercy. How many veterans have truley suffered for the Department of Veterans Affairs. We should not be punished or made to feel like beggers and losers and throw away garbage. I hear the love you have for your Country, it still coming through even after all the injustice you have seen, and that makes me care about you all the more. You have a right and a reason to feel the way you do. You are welcome here anytime, day or night, to share your experiences. This may help another veteran. I hear you, I belive your story, and we have your back. Semper Fidelis. ~Wings, USAF

[eeore1974]

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

Please DO accept the invitation, if you can physically manage the commitment.

I lost my tort claim because the government has unlimited resources. My attorney ran out of personal money to pursue. My Chemically Induced Adhesive Arachnoiditis was caused by multiple Pantopaque (oil based dye used in C.T. scans). The warning labels and the consent forms are there to protect the doctor, not the patient. You will never be told of the black box warnings till you make the discovery on your own, after the fact.

There is a world of knowledge of the pain of Arachnoiditis. For anyone needing to understand, here is a video of life with Arachnoiditis:

There are many who have tried to get the word out to the media. We are a growing group of Intractable Pain Patients of whom the medical field has turned it's back on. This is a rare disease, which is almost always Iatrogenic (by the "do no harm" guys") caused.

When I spoke to a PVA representative that was moving up the ladder into Washington D.C. about the many misdiagnosed patients. He told me "they are better off with a diagnoses of Spinal Multiple Sclerosis than Arachnoiditis. Because they get immediate benefits."

I personally received by disability by total loss of use of both legs. I fear that for most, they too will be suffering till they are found with the loss. Because I refuse to allow any more needles inserted near my spine, neither the SCI, nor the Pain Clinics have anything to offer for my pain. Once you have this diagnosis, you are better off becoming opiate dependent than to continue the pursuit of surgical intervention.

You are welcome to contact me, off forum, if you need more technical information related to Depo Medrol.

Good luck,

Jim

[luvHIM]

x

x

x

Dear Veteran, You are going to have to place some trust in your attorney, and do something else for awhile, that makes your life feel worthwhile --write that book! After reading your story this morning, I went out for a drive, and coming home had to pull to the side of the road and cry. Have Mercy. How many veterans have truley suffered for the Department of Veterans Affairs. We should not be punished or made to feel like beggers and losers and throw away garbage. I hear the love you have for your Country, it still coming through even after all the injustice you have seen, and that makes me care about you all the more. You have a right and a reason to feel the way you do. You are welcome here anytime, day or night, to share your experiences. This may help another veteran. I hear you, I belive your story, and we have your back. Semper Fidelis. ~Wings, USAF

Mike, I just want to jump on board here with Wings. I feel you and it makes my heart cry. But I also know that I can't give anymore of my life to the VARO...I just can't right now, anyway. I need to exhale and even though you have valid reasons to want to pursue...do you really want to spend what's left of your life dealing with the VARO? Would it really prove any points or strongly help another vet? I don't know...but if it is something that you sincerely feel led to do in this season of your life...then I say...PURSUE, but with God; because with HIM...all things are possible!

Edited May 17, 2009 by luvHIM

[SCIDVET]

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.

I wish to try to message all people here, I can see the thread grew, and got the "Love" and I do not wish to make others cry it is like... blowtorch on my icy life, makes me cry, inside.

However the truth is the sharpest sword in existence. The secret is everyone thinks words are what are truths and they never ever are. ("I'll tell you a lie, I never lie" for example).

But when I reach across this isolation and time and life gap (I am not fun to be around, but harmless and smart and typical bachelor ignoramus) and someone really convinces me "they get it" then I feel more at peace.

The second big secret: Humans have parts of selves that is physical, that can be poisoned away, the brain. Truth will even heal that, not because is miracle, is a mechanical phenomenon.

But truth kills anything that hangs onto a lie.

So having said all the above "What is the higher calling- to use the sword or literally die (decades sooner) by holding the sword in peace (forgetting about it, as some of you aver so adroit!)

Thanks am avoiding desire to say a lot more. I got impression everyone understand am not a faker.

Here is bright light shining on my life: I am not supposed to work today, but even God will let a rule be bent:

"If you are listening or watching our astronauts are caught with a stripped screw. A mission, a Telescope, and advancemnt of science over that screw.

I worked on satellite and space shuttle (1990, rockwell, Castle) and knew decades before that there is only ONE WAY to save that project- To simultaneously unscrew, with gentle, steady, spring pressure under the opposite side of the panel the stripped screw holds.

I explain this to notify is not all pickles and dill. I am given by this awful recovery and permanent pushed-aside-life things most man will never bother to put together. Or take apart in this case.

See graphic shuold be what I sent to media and NASA and any email address in my stash. I have a helluva stash. I cannot say one because you will never believe it.

thanks,

Mike

shuttlescrew1.bmp

[SCIDVET]

If nothing else is accomplished is is a striking thing to hear someone has this same problem and the political effects of unpopular arachnoiditis (admitting is tantamount to promoting a lawsuit against FEd by FED. (they dont go for giving you evidence to convict them, is honest way of stupidity, treating vets as if felony suspects in many subtle ways.

Jim,

I welcome contact and comparing notes here or elsewhere. It is SO JUICY to have a Youtube bit like you showed. However it will crash me mentally to see it.

So how about you? what discoveries and advancements have you made others never dream as your Earth (body) was pushed so far away from Normal World that you have unique insights?

Do you notice which people it makes crazy and which recognize the truth when told?

Do you get the feeling it is easier increasingly to believe in God than Science? (when examined science is like medicine, the fine print says "Subject to change at any time, effects upon human body of this rule or drug may have unintended side effects"

Okay done rambling.

Music helps me, Jim, and learning to sing (Rock Band) was one thing I can do to get my heart rate up and this feeds the brain as it needs or gets depressed. (See chapter on "Pulling mentality up by bootstraps on daily basis, paragraph four, of "Mikes secret view of the Universe".

I thought I was done rambling......

Here is great song called "Normal World" see if it resonates with your deviation from it. http://www.youtube.com/watch?v=YaTL6VAr2RY

PS: I suddenly realize is going to be impossible to keep this all straight, thank you, person with radar concerns, the video was intended also for you- but cannot find you again.

Mike

Please DO accept the invitation, if you can physically manage the commitment.

I lost my tort claim because the government has unlimited resources. My attorney ran out of personal money to pursue. My Chemically Induced Adhesive Arachnoiditis was caused by multiple Pantopaque (oil based dye used in C.T. scans). The warning labels and the consent forms are there to protect the doctor, not the patient. You will never be told of the black box warnings till you make the discovery on your own, after the fact.

There is a world of knowledge of the pain of Arachnoiditis. For anyone needing to understand, here is a video of life with Arachnoiditis:

There are many who have tried to get the word out to the media. We are a growing group of Intractable Pain Patients of whom the medical field has turned it's back on. This is a rare disease, which is almost always Iatrogenic (by the "do no harm" guys") caused.

When I spoke to a PVA representative that was moving up the ladder into Washington D.C. about the many misdiagnosed patients. He told me "they are better off with a diagnoses of Spinal Multiple Sclerosis than Arachnoiditis. Because they get immediate benefits."

I personally received by disability by total loss of use of both legs. I fear that for most, they too will be suffering till they are found with the loss. Because I refuse to allow any more needles inserted near my spine, neither the SCI, nor the Pain Clinics have anything to offer for my pain. Once you have this diagnosis, you are better off becoming opiate dependent than to continue the pursuit of surgical intervention.

You are welcome to contact me, off forum, if you need more technical information related to Depo Medrol.

Good luck,

Jim