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carlie

19 Veterans Sue Government Leaders For Failing To

Question

": Monday, October 1, 2012, 5:27 AM

19 veterans sue government leaders for failing to protect them against rape, sexual assaults

'Victims are put on trial and told they have asked to be raped,' San Mateo congresswoman charges

Lawyers for 19 veterans of the U.S. Army and Air Force filed a lawsuit in federal court in San Francisco yesterday alleging that top government officials failed to protect them against rape and sexual assaults while they were on active duty.

"The military system is inherently biased," said Rep. Jackie Speier, D-San Francisco/San Mateo, who attended the morning news conference announcing the suit at UC Hastings College of the Law at 200 McAllister St.

"Victims are put on trial and told they have asked to be raped," she said.

The victims bringing the suit, from a dozen states, allege that by failing to protect them from assaults, the defendants, including Secretary of Defense Leon Panetta, former Secretary of Defense Donald Rumsfeld and the secretaries of the U.S. Army and Navy, violated their constitutional rights to due process of law and equal protection.

Two of the plaintiffs, Daniele Hoffman and Kole Welsh, both Army veterans, became emotional during the news conference when they described their feelings as victims of rape while in the service.

"I've been alone and silenced, but I won't be silenced any more," said Hoffman, who had attempted suicide after she was sexually assaulted nine years ago while in the Illinois National Guard and then suffered "continually" from harassment while serving in Iraq from 2007 to 2008.

"Let me be clear -- the federal judiciary is actively condoning" the rapes of members of military, said Welsh, who claimed that Army officials avoided prosecuting a sergeant who was "raping other male soldiers in order to give them HIV."

Full Article : http://www.pleasantonweekly.com/news/show_story.php?id=10165

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the plaintiffs have a good mouthpiece with jackie speier. she has a background i dealing with rapes and atrocities as she was on the investigation team of the rev.jones cool aid party in ghiana and was severely injured trying to flee the country that last day.

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    • Enough has been said on this topic. This forum is not the proper forum for an attorney and former client to hash out their problems. Please take this offline
    • Peggy toll free 1000 last week, told me that, my claim or case BVA Granted is at the RO waiting on someone to sign off ,She said your in step 5 going into step 6 . That's good, right.?
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    • I took a look at your documents and am trying to interpret what happened. A summary of what happened would have helped, but I hope I am interpreting your intentions correctly:


      2003 asthma denied because they said you didn't have 'chronic' asthma diagnosis


      2018 Asthma/COPD granted 30% effective Feb 2015 based on FEV-1 of 60% and inhalational anti-inflamatory medication.

      "...granted SC for your asthma with COPD w/dypsnea because your STRs show you were diagnosed with asthma during your military service in 1995.


      First, check the date of your 2018 award letter. If it is WITHIN one year, file a notice of disagreement about the effective date. 

      If it is AFTER one year, that means your claim has became final. If you would like to try to get an earlier effective date, then CUE or new and material evidence are possible avenues. 

       

      I assume your 2003 denial was due to not finding "chronic" or continued symptoms noted per 38 CFR 3.303(b). In 2013, the Federal Circuit court (Walker v. Shinseki) changed they way they use the term "chronic" and requires the VA to use 3.303(a) for anything not listed under 3.307 and 3.309. You probably had a nexus and benefit of the doubt on your side when you won SC.

      It might be possible for you to CUE the effective date back to 2003 or earlier. You'll need to familiarize yourself with the restrictions of CUE. It has to be based on the evidence in the record and laws in effect at the time the decision was made. Avoid trying to argue on how they weighed a decision, but instead focus on the evidence/laws to prove they were not followed or the evidence was never considered. It's an uphill fight. I would start by recommending you look carefully at your service treatment records and locate every instance where you reported breathing issues, asthma diagnosis, or respiratory treatment (albuterol, steroids, etc...). CUE is not easy and it helps to do your homework before you file.

      Another option would be to file for an increased rating, but to do that you would need to meet the criteria for 60%. If you don't meet criteria for a 60% rating, just ensure you still meet the criteria for 30% (using daily inhaled steroid inhalers is adequate) because they are likely to deny your request for increase. You could attempt to request an earlier effective date that way.

       

      Does this help?
    • Thanks for that. So do you have a specific answer or experience with it bouncing between the two?
    • Tinnitus comes in two forms: subjective and objective. In subjective tinnitus, only the sufferer will hear the ringing in their own ears. In objective tinnitus, the sound can be heard by a doctor who is examining the ear canals. Objective tinnitus is extremely rare, while subjective tinnitus is by far the most common form of the disorder.

      The sounds of tinnitus may vary with the person experiencing it. Some will hear a ringing, while others will hear a buzzing. At times people may hear a chirping or whistling sound. These sounds may be constant or intermittent. They may also vary in volume and are generally more obtrusive when the sufferer is in a quiet environment. Many tinnitus sufferers find their symptoms are at their worst when they’re trying to fall asleep.

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