Cue Or Fraud

[capted]

My DRO hearing claim was denied for presumptive illness of PC due to no records that I was in Vietnam.

Five notarized buddy letters from fellow aviators attesting that I was in Vietnam were listed as evidence in the SOC.

My VA advocate and I discussed these letters in the presence of the DRO for 13 pages of the transcript of the hearing.

In the SOC REASONS AND BASES:

The DRO purposely ignored by buddy letters in the REASONS AND BASES section.

I had hard evidence that my squadron (VP-42) was deployed to Iwaukuni, Japan and sent

detachments to Vietnam. I had hard proof that I was a Naval Aviator member of VP-42 at

the time VP-42 was sending detachments to Vietnam. Combined with the credible lay evidence

of 5 Naval Officers the decision should have been in my favor.

The DRO stated "There is no basis in the available evidence of record to establish service connection for prostate cancer".

The buddy letters were listed as evidence and discussed.

She did not refute the letters (available evidence) in the REASONS AND BASES, she purposely ignored them.

Is this a mistake in clear and unmistakeable evidence or fraud?

Should I sue?

Why should I have to wait two years or more for a VBA?

[capted]

"I had hard proof that I was a Naval Aviator member of VP-42 at

the time VP-42 was sending detachments to Vietnam."

What proof do you have that you were in the detachment sent to Vietnam?

None

I have a deployment list of VP-42 squadrons that were based at Sangley Point Phillipines and deployed to Vietnam, by dates and by by destination.

Where did you detach from?

Sangley Point

What type of aircraft were you on when detached?

P-2V Sp-2e5

Where did you land- Tan Sun Nhut or at Cam Rahn Bay?

Tan Son Nhut

What was the approximate date and year date you were detached to Vietnam?

September 1964

There were very limited windows of detachments of Squadron VP-42 to Vietnam during the war.

The last deployment to Vietnam by date and time span in Vietnam might be crucial to your claim.

If you can give me a year and if not a month- even a rough guess as to whether it was before or after the monsoons that year-that might help me find more info.

Philip is right:

"You stated "she purposely ignored them" but you also state they were discussed. What exactly were her comments??? Were they discussed or ignored??? If they were ignored she would need to discuss or make a statement as to why she felt they had no probative value. When they ignored some of my evidence they stated that the statements weren't sworn, or attested to, so they held little probative value. Please let us know."

Power of Attorney: "Do you have any other questions with regards to Vietnam service, Mrs. Noto"? DRO: "No, you explained that very well." The DRO had negative comments and questions about the buddy letters. Buddy letters attested and were notarized.

A buddy statement has to be an eye witness account that describes the details of an event or can place a Veteran somewhere and should come from a member of the same unit who would have first hand knowledge of the event or,in your case, some prove of your being in Vietnam.In my opinion it should always be notarized and the buddy should give contact info and give their full MOS and unit description.

They covered time, place and were credible.

Do you have your 201 file?

Or your SRB?

Only thing I have is DD-214 with Vietnam Service Medal noted.

Did the decision make any reference to JSRRC?

Can you cover the personal stuff and scan and attach the Reasons and bases here?

Yes, I will send it tomorrow.

[Berta]

Thanks for the info-I thought the date could be an issue with the VA.

There were detachments of VP 42 from Sept 3,1964 to Sept 18 1964 to Tan Son Nhut.

This still doesn't prove you were in Vietnam so it would be good if we see why the VA questioned the buddy statements.

I am assuming these were from members of your squadron who also were part of the detachment in Sept 1964?

[Philip Rogers]

I am not a naval aviator but from what I understand each aircraft had a log and it included flight info and who was aboard. You should be able to get tha info and probably get it online. I believe at the point where you submitted "buddy statements" it became the VA's duty to disprove those statements. It sounds like you had credible evidence of your service in VN. jmo

pr

[john999]

I don't see any place where the VA mentions your buddy statements that place you in Vietnam. Can you scan the buddy letters for us? I think the VA is really using a meat ax on AO claims. If Vietnam is not stamped all over your records they don't want to admit RVN service because of AO liability. They would let a thousand RVN vets die rather than service connect a single one.

[Philip Rogers]

capted - please delete your posted decision and re-scan and post it without the personal info, such as name SSN, claim number, etc on present. This is for your protection.

pr

[Pete53]

Capted

Your post with the personal information has been removed. Please delete the personal info as PR mentioned and repoxt. You can mask sensitive information with X'x instead of the actual numbers or letters.

Good Luck