Va Ceases Benefits For Veteran Suffering Ailments Linked To Agent Orange

[carlie]

"VA ceases benefits for veteran suffering ailments linked to Agent Orange"

http://poststar.com/news/local/article_3a1107e2-8f27-11e0-a387-001cc4c03286.html

[Bigred122]

The file was too large let me shorten it and I'll post it.

Mz Gerbil, attached is the Presidents letter. I spent 3 hours earlier looking at FY2010 Report. I couldn't find the info and if anyone would have asked I would have probably ignored my pain in the neck and looked. But for you here is the link, Have fun!! My goat died today, please find someones elses to torment!! Mike

http://www.va.gov/budget/report/

PREZletter.pdf

[jbasser]

Bigred, who is MZ Gerbil? Did your Goat eat her, Did he get food poisining. I thought Goats had Iron Stomachs.

I am glad you posted this information as it has allowed me to view some of the workings and insdes of the OMB.

This letter adresses Fraud and waste and abuse. It also addresses contractors who overcharge or delay or do not meet time requirements. I know about this several months ago. We have a Member who is a retired contract official who may chime in.

As far as severing Service connection, we cal all point fingers at the VA for doing this, but The VA is based on Legal Criteria. So if the Vet was not boots on the ground or did not take liberty in the RVN then by law and not by the VA's ignorance, a cue was made on his decision thus forcing the VA to sever the service connection. This issue needs to be fixed from the top down. The VA's hands may be tied by law, I repeat. They will most likely be comong after these vets who received AO awards and did not have Boots on the ground. It is a sad sad situation but i bet the RO who did the severing wasnt very happy about it.

Anyway this letter was addresses last year on a topic and I think it was deleted because the member who posted it was very disrespectful to a moderator and wound up getting banned from Hadit.

BAsser

[Stretch]

http://poststar.com/news/local/article_6dfd0a20-8fda-11e0-a869-001cc4c03286.html

This is an additional report for today from the same source. John Rossi also has a part of this story.

[carlie]

http://poststar.com/...1cc4c03286.html

This is an additional report for today from the same source. John Rossi also has a part of this story.

John is a wonderful advocate and I wish Carol had also been mentioned

in the article.

Tomorrow will be part 3.

[Berta]

I will post any updates I get regarding the BWN vet and assured Carol and Sue Belanger I will help if they need me.Or if the vet's rep needs help.

What bothers me about the story yesterday was-this is not a case of trying to find evidence nor a disagreement over a disability- this is the same kind of crap I went through after BVA awarded my claim in 2009 and then I had to fight for almost a year to get my money- as the VARO refused to apply the specific regulation that said it was my money.

I was alone with an award and a regulation that never changed in decades and again had to do major battle with the VA.

I took the matter to the Regional Counsel (who had already cued the VA in a past decision I got ) yet he would take no responsibility over this regulation- trying to somehow suggest that it didn't apply to my claim.

I then went through a big broohaha with the OGC lawyers down in DC -

it was miserable because-

unlike the RO-who cant read -or wont read evidence-

========================================

edited this and just spoke to the reporter-regarding many other veteran issues- and sorry I might have gotten Sue Belanger's name wrong~!

She is mentioned in the VBM dedication page-

and is a Fabulous veteran's advocate

Sue Belanger

these lawyers knew full well what this regulation said

and tried to manipulate the reg and manipulate me as to what it said.

Finally some OGC honcho lawyer sent the RO the same reg I had sent them many times and ordered them to pay me.

I know what it is like to argue with VA over a regulation and or any established policy or directive,fast letter, etc from the VA-which in this case is a letter as a directive from the C & P in DC when Murphy took over for Bradley Mayes.

I know what it is like as well-when you get no support and no one will listen and apply the reg properly,hoping you will either die or go away in frustration.

This stuff is happening more then we know to disabled veterans that cannot fight over these directives and regulations themselves.

Due to their disabilities. That is discrimination as well as downright defiance of established VA case law on VA's part.

Edited June 6, 2011 by Berta

[carlie]

Something else I am questioning in the story is:

The claimant was rated SC at XX% and filed for an increase.

The VBA got the claim for increase and called a CUE on the grant of SC

due to no boots on ground - BWN and terminated SC.

I see the claimant as having 2 ways to prevail.

1) The letter, as a directive - by Murphy.

2) IMO the CUE was called and VBA says SC granted in error.

The claimant is still entitled to full notification of the proposed adverse action

(and their legal rights under due process of the adverse action)

to terminate/sever SC, thus allowing 60 days for rebuttal response from the claimant

as to why the adverse action should not be taken, also their right to a hearing on the issue.

During this 60 day period the claimant surely would have been able to submit a copy

of the letter from Murphy, referenced in this thread and the news article.

I have not read of this claimant being notified of any of the due process that was to be afforded.