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Was Young And Dumb But Finally Caught On

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63SIERRA

Question

I have been trying to get what is deserved, for compensation from the va. I would like some opinions on a claim submitted in 1995. A brief description of the claim is I was working under a truck, and an object like a bolt, or rock, or something fell in my eye, and abrasioned cornea was the result. I went on sick call, got ointment and a patch, and wore it abt a week. since the abrasion, I have had several occasions of dry eye, and given eye drops. I learned that 10 percent compensation is appropriate for residuals of corneal abrasion. I plan to file a CUE claim, back to 1995 based on this denial letter. Plz pay close attention to the very first line. They acknowledge in SERVICE medical records, indicated I had suffered a corneal abrasion, then they changed the subject, and distracted to my other, eye, then finally at the end of the denial , stated my injury was not service connected. THE FIRST SENTENCE THE TYPED SAID IT HAPPENED IN SERVICE. !!

Here it is.

Service medical records from March 1990 thru aug 1995 reveal a one time irritation of your left eye. when you had a dust particle enter your eye while working under a vehicle. ( for the record, the rater said it was a dust particle, my medical record states it was an object. rater decided to use particle, to make it sound like a minor injury).

Your eye was irrigated well.The eye exam showed a corneal abrasion with use of an antibiotic and eye patch for 24 hrs.

there were no further complaints of the left eye.

There are no medical records showing an eye disability since discharge. In recent Va outpatient records on sept of 2004 you were found to have a retinal detachment in the right eye. The acute injury of the left eye in service is not related to the current diagnosis of the right eye. (see how the rater tries to distract from the subject at hand), ?

Service connection may be granted for a disability which began in military service or was caused by some event or experience in service.

Service connection for eye condition is denied since this condition neither occurred in nor was caused by service.

I filed for my left eye, not my right, why they even mentioned my right eye, is ridiculous to me. My right eye was injured before I ever joined the service.

Edited by 63SIERRA
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  • In Memoriam

In 1984, I put in a claim for an injury to my right 4 costal juntion in my ribs. It was marked, in my service records, and I was given a injection of cortizone directly between the ribs . The pain was very intense and was a result of loading 500 lb. bombs. The inflamation was gone immediately after the injection but would return many times over the following years. It takes many months for the pain to go away because doctors do not treat this injury this way now.

The C&P doctor poked me in the 6 costal junction, very hard, and he asked if that hurt. I said yes. That was the only question that the doctor had asked me. When I got a copy of my service records in early 1990's I found that the doctor had written that the pain was not at the 4 costal junction, as written in the Service Medical Records, but that the pain was at the 6 costal junction. I was denied because I did not understand what was going on.

Sometimes it is not our mistake. It is manufactured negative evidence.

Stretch

Just readin the mail

 

Excerpt from the 'Declaration of Independence'

 

We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which, would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity

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the government never has played fair. think of this for instance. how many hundreds of thousands of people pay into the SS system, and never collect a cent, because they die first. why isnt thier pension passed to thier heirs, why does the government get to keep that money? it has to add up to billions of dollars.

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  • HadIt.com Elder

I think the VA cheated me out of thousands in compensation and convinced me for years that IMO's were useless because they ignored my original IMO back in 1973 and got away with it. I filed a CUE back in 2006 and I hope to get some of that money back. None of my VSO's over the years ever looked at my C-File or noticed how the VA had screwed up my original claim. I never even got appeal rights back in 1973, and yet that does not reach level of CUE either. Where else would such a denial of basic rights to appeal be hidden from a person in a legal system?

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if my VSO doesnt get his poop in a group real soon, im going to chit can him, and get an lawyer, or go it alone. everything ive already won was my doing anyway. All they done was submit papers that I know of. and when you ask them something, they give very politician type answers., like " the evidence will speak for itself" yada , yada. Something esle that peed me off, was my local chapter got shut down for 30 days, why I dont know, when I called headquarters, they seemed very " who gives rats ass" attitude. My gripe is hey, alot of things are time sensitive when dealing with VA, so if the local chapter of DAV is shut down, and I cant get help what good does it do me?

I sometimes wonder id the DAV and other organizations, were not intentionally put in place by our government to act as a buffer.

Just think,, if every veteran with a legit claim, went and got a lawyer to sue the govt. The govt would need millions upon millions to defend itself. With VSO , the veteran thinks he is in great hands, and puts his trust. The govt is happy because alot of legal issues never even develop. How is it that the DAV gets a space inside the va building, //?? can I go rent a desk in there? I bet not. Just the fact that DAV bargains with the VA is suspect to me, .. you dont need to bargain when your right, and carry a big stick. You bargain when your in cahoots, or have a little stick.

Edited by 63SIERRA
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Social Security is considered an insurance. So you aren't guaranteed that you will get back what you paid in. You are guaranteed that you will will receive payments when you are retired or disabled (under their regulations) and that your dependents will receive benefits if you become disabled or die.

the government never has played fair. think of this for instance. how many hundreds of thousands of people pay into the SS system, and never collect a cent, because they die first. why isnt thier pension passed to thier heirs, why does the government get to keep that money? it has to add up to billions of dollars.

Think Outside the Box!
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