The Va Continues To Lie!

[retiredat44]

I sent this to my service officer to clear up some of the continuing lies, from the VA, in my claims:

I Steven *** have been trying to get this claim problem straightened out with the VA, since my first claims filed, since my first claims in the 1990's. There is either a misunderstanding, or the VA is a purposely refusing to acknowledge that I worked with and was sickened by all of the following chemicals on active duty.

Gasoline (Leaded), Jet-Fuel, Diesel Fuel, Trichloroethylene.

I worked as a Fuels Specialist, and worked with Gasoline (leaded), Jet-Fuel, Diesel Fuel daily. I was soaked in those chemicals daily. I was sickened by those chemicals, and the U.S.A.F. doctors determined they made me very sick. The command was notified, and I was removed from that job. I was placed in a new job, at a weather squadron, at Ramstein Air Base, Germany. My duty had no chemical exposure. After a few weeks I was told to report to a new job. I was again working with petroleum chemicals (Trichloroethylene), which were used to clean printing presses. I again became very sick. I had no choice but to leave the U.S.A.F. because I had lost all jobs due to illnesses from chemicals. (5 years active duty).

When I claimed for V.A. disability, I told the VA it was for all of the chemicals. Every decision the V.A. denies, they only deny Jet-Fuel related claims. They always fail to discuss all of the chemicals which made me sick. I told the V.A. so many times, I cannot count the times. At the DRO hearing (San Diego), I told them over and over about all of the chemicals. I told the DRO hearing that the other fuels were also a part of my every day contact, and that I was soaked in them every day. I was soaked in them from filling fuel tanks, with open and closed nozzles, distributing fuels, testing fuels, leaky valves, and more. My clothing and skin were soaked every day on active duty with these chemicals.

I was then again soaked with Trichloroethylene from cleaning printing presses, the injuring continued from exposure (Repro-graphics specialist).

The headaches, the extremely swollen skin and limbs. So swollen, that my limbs were bleeding from the skin unable to expand further.

I want this part of the record. I have made printed and oral statements to correct the record with V.A. claims, but every attempt has been ignored.

Please, finally make this part of the record. Add it to or find the records, if my earlier statement were destroyed, ignored, whatever. I am pleading for this to be done honestly and correctly, as this misunderstanding is from no-fault of my own, I am not a lawyer, and have no idea how to make sure these omissions by the V.A. can be corrected by any others way, except to make again one more statement, among many, about this huge problem with my claim not handled properly.

[retiredat44]

It is possible I won my case, but I cannot say for sure until all the paperwork is done, and that might be a while. I have seen evidence of a possible win lately. But no absolute proof. Since I have a terminal disease, and can never work, It should be P&T< not sure what else I should get, I will find out when the day comes. My problem is once in a while I am sent back to the hospital when I get to sick to stay home. The surgeons told me I will be back, they just could not ell me how long I have. The average life expectancy with others with the same disease was 8 years. I am on year 8.

[retiredat44]

On ‎6‎/‎1‎/‎2016 at 5:34 PM, ArNG11 said:

retireat44, heh, do you have your SMR's, in my civilian files the had the respirator fit tests, those also included the warnings about jet fuel.  You are still going to need and IMO though there is no way around that. If you find a doc that is willing to explore this let me know I'd love to talk with him.  

I'm waiting to see how the burn pits suit goes and really curious on the outcome.  However, I don't see much in success unless I have a doctor say the magic words.  Doesn't matter what studies and evidence you throw,  that nexus is one of THE most important parts to substantiate your claim and keep it alive.

btw, I was soaked in chemicals daily, skin and clothing and records in my active duty records... they kept leaving out most chemicals in their decisions... I could never get a reason why they never included al chemicals I was soaked in. I wish had all incidents documented as there are more that just these... but you would think these would be enough... like I said in my forum postings, in the last few days, I see evidence of my possible win after my BVA hearing. I just don't have a paper in m y hand saying so. I have the records. My problem is the medical records were hand written back then, plus I have so many they don't read them, and it's impossible to read boxes of records, where they can get them  on disc and do keyword searches, but they refused to read my records.

[retiredat44]

also since I was hospitalized not only several times on active duty but many years after for pancreas disease, and even though I was in the VA Hospital 6 months, they are suppose to pay $100 while hospitalized, buts since they considered not service connected they refused to pay. So, that screwed up effective dates, but my original claim for disease and injures goes back 20 years. So, let's see what happens.

[ArNG11]

Nice to read you posting again.  I hope things have been looking up.  It's amazing how much these agencies swear up and down that there was no danger, yet when the claims hit the high courts, the tune changes quite a bit.

I wish I was as paranoid then as I was later in life.  MSDS (material safety data sheets) explain the dangers all to well.  Pride,ignorance, opt tempo, young and stupid syndrome (I am calling that on myself) and false hope of being taken care of by your corresponding agency, well reality gives you a rude awaking when it bites.

I never got anywhere with the appeals on the Benzene claim.  I could not get any doctors to opine on such a controversial and lengthy fight.  The best I could do was appeal the decision but without a nexus I am dead in the water. No pun intended.

My only small hope, is in my class action lawsuit against KBR.  I say mine, I didn't start it, just part of it, but it includes hundreds of plaintiffs.  I just went along for the ride.  I joined with Motley & Rice.  The appeals should be coming up soon, but with the BS loop holes, there is no telling.  Of all things jurisdiction and a solid list of bases is a major hold up. 

Last e-mail I received from my law dog was the hearing was delayed until mid December of this year,   believe Dec 16th to be precise. Rice, has been getting sworn statements and testimony from higher ranked officials and subordinates and you know the common folk, the personnel that actually worked the dirty jobs.  I hope this year, the case gets some traction.

Edited June 6, 2016 by ArNG11
date info

[ArNG11]

6 hours ago, retiredat44 said:

also since I was hospitalized not only several times on active duty but many years after for pancreas disease, and even though I was in the VA Hospital 6 months, they are suppose to pay $100 while hospitalized, buts since they considered not service connected they refused to pay. So, that screwed up effective dates, but my original claim for disease and injures goes back 20 years. So, let's see what happens.

Heh I am really glad to see you posting. Did you have any luck with more specialists medical opinions?  I went through almost a dozen and I received no go's.  I didn't just try local either.  Most would be interested but none would commit.  I really despise that, but it is what it is.

[retiredat44]

I misspelled 100%, when hospitalized they were suppose to pay 100%  rating, but since I was still denied they didn't pay me full 100% so I don't know if they will retroactively..