Cue House Of Mirrors

[WYnWn]

Hi, (new here)

I was separated from service (USN) in 1979 with MEB ratings of 10% on each knee for injuries incurred while on active duty. Upon application at University of Northern Colorado for educational benefits, I was denied, assigned a new rating of 0% (Sheesh, then why did I have to get out?). There was no physical examination and the rater basically copied verbatim the Pre-Enlistment physical (only injury that had ever occurred was to right knee that was certified as fully healed and qualified for service) with no referrence or apparent consideration of medical records. During almost five years, my medical record documented new injuries to each knee.

During the same year (1979), I filed a letter of disagreement, but was told quite emphatically (my being female) that I needn't bother. I recently refiled under CUE regulations. The VA concurred on the CUE on the left, set the effective date as 1979, but stayed with the 0% rating, and despite clear evidence in med. records, denied the right knee as pre-existing despite injury dates and treatment info in record, concentrating to the exclusion of other info, on a single part of the total diagnosis. I appealed both. The next "decision" confirmed 'service related', restored 10% rating, not for the documented injuries, but for aggravation of a condition that never existed prior to injury, but changing the effective date to the date of the recent VA exam. This decision effectively takes away 31 years of denied eligability for benefits, while preserving the VA's right to be 'paid back' for their separation award of $6000 (apprx), so my "benefits" would not effectively begin until November of 2014.

No decision as of yet on re-injury of right knee appeal.

I am working with a VA rep, (Tx. Senator's Office not VA employed).

I would appreciate any suggestion, information that any of you can offer.

Thanks.

[WYnWn]

A friend sent me a cartoon once, with my name inked in underneath. It was a picture of a crane, mouth open, with the frog's head and arms still visible poking out of the bird's mouth. The frog had both hands firmly planted around the crane's neck. Along the top it said: Never Give Up. I believe it.

What happened with the 10% down to 0% was a lazy, or incompetent, or, (surely, I jest) malicious VA employee who probably laughed as he inked in stolen verbage from my pre-enlistment physical stating I'd had a satisfactory recovery from a 1973 surgery to my right knee and that I was qualified for service and presented it as his own words, representing such 1973 information to be valid in 1979, without the intervening years, four of which were problem free, and two frought with mulitple problems directly resulting from two injuries to the right knee while on active duty and documented in clinical records. The 10% down to 0% for the left knee was because of a fabricated condition that had never before existed, but somehow magically appeared just for the purpose of his denial of my claim. (This has been corrected with CUE, but then watered down to nothing again because they changed the effective date to 2011.......and we've accused them of not being efficient!) Never mind that no physical examination was conducted to support such erudite and clever decisions. (Ahhhhh, to live in magic land.) He literally copied the reasons qualifying me for service, and stated them as reasons for denial of the educational benefits I had applied for, simultaneously wiping out the MEB/PEB, medical record history, and all the years between 1973 and 1979. In one fell swoop the VA wiped out not only 20% disability, but, effectively, service connection as well.

When I was no longer required to walk from the parking area to the ferry or launch, then all the way across Ford Island to the sub. trg. ctr., having to stand all day to teach, and descend two levels of stairs as gravity took control of the coffee I consumed, and then reversing the trek to go home, I experienced a little bit of respite from previous complications. Unfortunately, it was short lived. When work demands increased, complications also increased, and have continued to do so for three decades. But, VA says my life didn't continue after 1979 because they have no evidence of it, and of course, they have no evidence because they severed the relationship. And now, here I am at their door, waving a black flag with shining skull and crossed bones, and growling, "Argggggggggggg".

Yes, I have noticed in this journey a frequent need to consult both medical and legal dictionaries, and realize I am not fluent in either language. And it is a language, that if you are not up to speed on, failure is likely lurking around the next corner, which is why I brought my question concerning legal representation to this forum.

Maybe I should start a little contest here to help me with my quest. Please answer the following questions:

My attorney is the best because_________________________________________________________.

And, please include contact information.

Thanks, I really do appreciate your input.

[Capt.]

Hello Wyn,,, I think that Bergman and Moore (877-838-2889)are doing very well here for our Vets and come highly recommneded. You also have some Vets here that have used Katrina Eagle(202-299-1070) and Ken Carpenter( 785-357-5251). My attorney is Jill Mitchell from Heard and Smith(800-584-3700) in San Antonio. I would feel comfortable with any of these. I hope some others will also give you some recommendations. I would also feel more comfortable having legal help now that you legally can with the law change in 2007. Thank you for your service and NEVER GIVE UP. God Bless, C.C.

[john999]

I just found out via my lawyer's assistant that my CUE was remanded back to the BVA from the Court due to the BVA using the wrong law in part of their decision to deny. I have to wait for details. They are playing ping pong with my claim. This is another good reason to hire a lawyer. If the BVA uses the wrong law to decide a case then you really need expert help since they are no experts.

[WYnWn]

I've sent out emails and left voice messages today. So, now it's Tag, You're It.

What does this move do to your time in limbo, John?

[john999]

I don't know. My lawyer is hoping that the BVA will have a change of heart since they have already been slapped on the wrist by the court.

[broncovet]

I agree with CC...he has listed some big name Vets attorneys. Ken Carpenter, and Katrina Eagle are very well known. You see Ken Carpenters cases all the time. Katrina is/was the president of NVLSP. B and M has a good reputation among Vets, too. Doug Rosinski won a 22 million dollar lawsuit for Vets.

I have emailed Jill Mitchell..if its the same one. She used to be in Cinci..she may have moved.

My experience is that you cant get those big names. They are so busy they may not even be taking cases. While there are thousands of social security law firms, its almost hard to find a Vet lawyer, unless you go out of state.

Being a Vet lawyer is not all that lucrative, so lots of law firms either do it pro bono, or dont do it at all. How would you like it to wait five years to get paid? Oh..yea, I forgot. Since you are a Vet, you are used to it. Vets are the only ones I know who will wait five years or more to get paid.