Shout Out To Hadits Va Legal Beagles!

[Bigred122]

I don't know why the VA makes everything so complex.In 2011 I asked from NPRC some records for my claim. Some medical records I received, none of my administration records, and was told that my Mental Health record had to be sent to a DR because of the sensitive nature within that record.( I assumed that someone must have read that file to make that conclusion) I jumped thru the hoops twice by furnishing them my Drs fax number.A month later I get this letter saying no record was found or exist.Along the same line, I listed a couple of mental issues I claimed for and received a letter back from RO that I was already denied in 01/1973 on a mental issue claim.I knew I filed on my knees, but don't remember any mental health issues. So I asked them for a copy of the denial.As of this date and 3 requests I still haven't received the information. I am looking at a DRO hearing this summer.Do I have any legal recoarse, with them stating that evidence exist and yet it either disappears or they just ignore my request.Is there any VA law precedent against them holding back or hiding evidence that is beneficial to my claims.I figure asking for information 3 times is enough of an effort on my behalf. OIG as done me no good in the past. 800 number is worthless.People I know say to go to an Org or VSO for help.But I don't see how either can make a difference any better than what I have already done.With the VA holding out on my medical problems,not willing to followup on testing for Leukemia.40 yrs of high WBC counts and many more signs of leukemia showing up on current tests.Enlarged spleen, growths on last part of thyroid, cysts on kidneys and they are trying to ignore my requests for testing. I checked out civilian cancer specialist and no way can I afford the testing. They seem to shy away with anything that can be related to AO. My last visit to dermatology confirmed that. I asked technican what does Chloracne look like. She said I don't know but you don't have it. Boy did that comment speak volumes.I thought there was cases where the VA withheld evidence, but I can't find them or how they were ajudicated.I don't know how much power these DROs have, if they will request from RO evidence I already asked for, or make a decision without it as if evidence never existed. Or penalize the RO and make a completely different decision on something not claimed for. My health issues already have a ticking clock on them. But now with this leukemia thing in play, I feel the hourglass has had some of the sand removed.So if any of you VA Law experts know of any cases I can look at on what to do it is much appreciated.I have finally found out how much shyte can be piled on to my brain before it tilts. Thank you for your help! Mike

[Capt.]

Hello BR,

First , I am sorry for you to have to go thru the VA mess that you have discribed. I do know that many folks here have to deal with many of the same problems , some on a larger magnitude and some on a smaller, but noone said this VA trip was going to be a Cruise ship experience.

I noticed in your comments that the VA is not taking into account anything to your Leukimia situation. I too am an AO leftover with Nuclear and other issues , NOT VIETNAM. Jerrel Cook and I are from the same fort. Without going into a long rant about this stuff , I do notice that the VA is trying to put you under the woodpile and forget about you , while the potential disease just marchs on. Please understand that my heart issue and now my lung issues is from the LACK OF STANDARD MEDICAL CARE at VA. You are heading down this path with them also. This is looking more like you will be facing a FTCA/Malpractice suit and a possible Section 1151. Just as I am.

If it were me I would try to concentrate on an IMO or several and start the record keeping of VA correspondance just like you said ...multiple folders. It seems they are ignoring your complaints so now is the time to write letters to the VA doctors and use the Patient Advocate with backup letters for evidence. Sending a notice in writing that you are concerned about these test and lab works revealing the disease will later be used for your Malpractice as well as your separate Claims process and issues. Also the only way to win , is probative evidence, thru records , tests , IMOs and getting thru the process. You and I have to push those issues as you know because the VA is not. You will have the battle of your claim going thru the process and the FTCA/Tort, Section 1151 issues also.

I agree 100% with your thinking on the VA and AO neglect. It is a well known tactic. The importance of you getting this documented could side step their failure to correspond with you at a Regional Office level thru the Malpractice and Section 1151 route. Though a long one and difficult one , I know that your timeline may be like mine......not real long for the health issues that haven befallen both of us, but it just has to be done. Whether you and I will live long enough to see it thru, I try to remember that you and I are at least seeing the evil that the VA PROCESS is and we know. Just think of all of the Veterans that do not know that they would really be like this and never figure this out on their own.

As far as members here helping you , I can only say that I have had some great help from the girls some of them specifically ,Carlie and Berta over the years , and especially Berta because of her own husbands AO issues and legal path that I also am on. Rod did not survive his AO heart attack and I did, and Berta took her loss and turned it into a help learning situation for me that I should expect extreme prejudice from the VA and their ridiculous tactics. Hoppy has also tried to help me and his wealth and knowledge in some areas are greatly appreciated and he has a servants heart as you and I and others know. John999 , Bronco, Deanbrt , Chuck, also have had information that have helped me along the way, and amazingly just at the right time when I needed it.

Jbasser is probably one of the best on claims protocol and procedure there is . He is especially good with chemical exposures , IMOs , Medical Records and Test, Labs , and Lung , Heart issues. He has become a great friend over the years and it was him that found the Pulmonary Hypertension in my records. The VA would not bring it up and without Hadit and his sharp eye , my PH would probably would have gone unnoticed. I also know that our own James Cripps is very familiar with Chloracne and will offer some insight with this. He is the first Continental US Veteran to win an AO award just 2 years ago.

What I am trying to say is, this site is made up of a lot of folks of different views , strengths , weaknesses and knowledge or lack of. I for one do not know how this thing works at Hadit. It is really amazing. I personally could not be where I am with my claims process without the early years and those here who have helped me. I could not list all of the folks that I wanted to but they know who they are and I am eternally grateful. I even heard about my lawyer here at Hadit thru one of the older post. I know that there are others out there just like you, Mike , that have not been reached with Hadit or the many here that want to help. You and I are fortunate in that we at least have found this and received some type of help and encouragement. Mike , your story is unique and your problems with the VA are also. Your experience with this issue will also help another Veteran that you and I do not know that is coming down that Veterans life. You may be the only one that can help them . Also , if I can try to help you with some thoughts and experience with AO or just to talk to another AO Vet and you are not comfortable with publically asking me here , please PM me . I really mean that.

It is a situation that is not fun for any Veteran, having to face the VA and this time wrenching PROCESS. But as any battle with the VA a veteran in order to prevail must .....NEVER GIVE UP. God Bless you Mike, C.C.

Edited October 27, 2012 by Capt.Contaminate

[Bigred122]

Hello BR,

First , I am sorry for you to have to go thru the VA mess that you have discribed. I do know that many folks here have to deal with many of the same problems , some on a larger magnitude and some on a smaller, but noone said this VA trip was going to be Cruise ship experience.

I noticed in your comments that the VA is not taking into account anything to your Leukimia situation. I too am an AO leftover with Nuclear and other issues , NOT VIETNAM. Jerrel Cook and I are from the same fort. Without going into a long rant about this stuff , I do notice that the VA is trying to put you under the woodpile and forget about you , while the potential disease just marchs on. Please understand that my heart issue and now my lung issues is from the LACK OF STANDARD MEDICAL CARE at VA. You are heading down this path with them also. This is looking more like you will be facing a FTCA/Malpractice suit and a possible Section 1151. Just as I am.

If it were me I would try to concentrate on an IMO or several and start the record keeping of VA correspondance just like you said ...multiple folders. It seems they are ignoring your complaints so now is the time to write letters to the VA doctors and use the Patient Advocate with backup letters for evidence. Sending a notice in writing that you are concerned about these test and lab works revealing the disease will later be used for your Malpractice as well as your separate Claims process and issues. Also the only way to win , is probative evidence, thru records , tests , IMOs and getting thru the process. You and I have to push those issues as you know because the VA is not. You will have the battle of your claim going thru the process and the FTCA/Tort, Section 1151 issues also.

I agree 100% with your thinking on the VA and AO neglect. It is a well known tactic. The importance of you getting this documented could side step their failure to correspond with you at a Regional Office level thru the Malpractice and Section 1151 route. Though a long one and difficult one , I know that your timeline may be like mine......not real long for the health issues that haven befallen both of us, but it just has to be done. Whether you and I will live long enough to see it thru, I try to remember that you and I are at least seeing the evil that the VA PROCESS is and we know. Just think of all of the Veterans that do not know that they would really be like this and never figure this out on their own.

As far as members here helping you , I can only say that I have had some great help from the girls some of them specifically ,Carlie and Berta over the years , and especially Berta because of her own husbands AO issues and legal path that I also am on. Rod did not survive his AO heart attack and I did, and Berta took her loss and turned it into a help learning situation for me that I should expect extreme prejudice from the VA and their ridiculous tactics. Hoppy has also tried to help me and his wealth and knowledge in some areas are greatly appreciated and he has a servants heart as you and I and others know. John999 , Bronco, Deanbrt , Chuck, also have had information that have helped me along the way, and amazingly just at the right time when I needed it.

Jbasser is probably one of the best on claims protocol and procedure there is . He is especially good with chemical exposures , IMOs , Medical Records and Test, Labs , and Lung , Heart issues. He has become a great friend over the years and it was him that found the Pulmonary Hypertension in my records. The VA would not bring it up and without Hadit and his sharp eye , my PH would probably gone unnoticed. I also know that our own James Cripps is very familiar with Chloracne and will offer some insight with this. He is the first Continental US Veteran to win an AO award just 2 years ago.

What I am trying to say is, this site is made up of a lot of folks of different views , strengths , weaknesses and knowledge or lack of. I for one do not know how this thing works at Hadit. It is really amazing. I personally could not be where I am with my claims process without the early years and those here who have helped me. I could not list all of the folks that I wanted to but they know who they are and I am eternally grateful. I even heard about my lawyer here at Hadit thru one of the older post. I know that there are others out there just like you, Mike , that have not been reached with Hadit or the many here that want to help. You and I are fortunate in that we at least have found this and received some type of help and encouragement. Mike , your story is unique and your problems with the VA are also. Your experience with this issue will also help another Veteran that you and I do not know that is coming down that Veterans life. You may be the only one that can help them . Also , if I can try to help you with some thoughts and experience with AO or just to talk to another AO Vet and you are not comfortable with publically asking me here , please PM me . I really mean that.

It is a situation that is not fun for any Veteran, having to face the VA and this time wrenching PROCESS. But as any battle with the VA a veteran in order to prevail must .....NEVER GIVE UP. God Bless you Mike, C.C.

Thank You for your much needed support letter! You are so very right that many can benefit from our Trials and Tribulations we have and are going thru if allowed to share them with others.Unfortunately my IMO on my 1151 Hep C claim came to me after my initial denial by the VA.It is from one of the Top Drs in this field and his opinions have been accepted at all the top levels.(Dr Cecil)He only does these for a selected few and if he believes in your claim he will write a excellent nexus for FREE!I live on SSD and can't afford the $9000 some Drs charge for IMOs. I have been bless to have another premier Dr that will be writing some more IMOs for me after my physical with him next week.I got his name from this site and have waited now for 3 months to get an appt with him. Because of being associated with the Gary Kimball/ Ed Crosby lawsuit against the VA,the VA has cutoff all mymedical visits with my primary. Thank God they have not cutoff my medications like they tried with Gary Kimball.Our case is now in the hands of the Ninth District Court and hopefully it will not have to go further.Veterans can still join the class action if they feel they have been wronged by the VA. Just Google Gary Kimball! Hoppy created my Avatar and knows much about skin disabilities caused by other problems and is well versed at VA Law from the 1000's of cases he has researched for the many as well as his own.Thank you again for your much needed well timed response. It would be a sad time in the Universe when Veterans start turning their backs on other Veterans. It has always been accepted truth, If you need someone to stand by your side,It will always be a Veteran! Non Veterans will never understand that type of loyalty. From the Marine who stands guard outside the dying boys room, to the soldier who carries the fallen across the race finish line, to the many who have disobeyed orders to run to a fellow American who is need of assistance. These things happen everyday by veterans who ask for nothing in return.Your support is much appreciated and your offer of pm contact will be used in the future! BigRed

[Bigred122]

As soon as Hoppy responds to my questions, I will not be returning to this website. Like it was said by admin, there is no democracy here.Further research yesterday uncovered some things that I do not wish to be associated with.So I will not post again till Hoppy answers my questions(if possible)and then I will post to Thank him.Since I am on moderation review before my post is allowed, too much drama to see if post will be approved or not! Thank You! BigRed

[Tbird]

As soon as Hoppy responds to my questions, I will not be returning to this website. Like it was said by admin, there is no democracy here.Further research yesterday uncovered some things that I do not wish to be associated with.So I will not post again till Hoppy answers my questions(if possible)and then I will post to Thank him.Since I am on moderation review before my post is allowed, too much drama to see if post will be approved or not! Thank You! BigRed

BigRed if you choose to leave that is your choice. Let me know if you want your account deleted.

[SpcDearman]

Something that I have to chime in on and I will mind my own business. I consistantly work with highly upset people and never agitate them due to it ALWAYS making even worse. I live my life by the following that I actually coined.

True success is not measured by monetary gains but by the amount of lives that you have positively impacted" - Terry A Dearman

Edited October 30, 2012 by SpcDearman