25 Year Long Service Connected Disability Denied After C/p Exam.

[ardodd]

This epic battle began 25 years ago when I was Discharged from USMC with a Medical Discharge for Bilateral Patello Femoral Syndrome in both knees. I filed when I got out in 1990, or so I thought I filed, according to the VA. I am not getting any help from VA on it at all. But I will move on and let that be my battle to prove.

All of this supposedly began in 1990, but it was not until 1999 when the VA said I filed a Claim. So I will just go from there, I supposedly submitted a Claim then. But in 1999 I was Denied my Claim for Disability and supposedly they sent me a letter telling me I was Denied. This was after signing the private hospital and doctor release forms. Of which to the knowledge of all these places they were never contacted.

So forward to 2010 when I Appealed that decision in 1990 stating they never Reviewed my Medical Records from the Military and from private hospitals and doctor's. Plus I signed the Release of Medical Records form again. And yet I was sent a Denial of Claim stating I had not provided any new material evidence. So in 2011 I Appealed that again and was told that after Review I had not provided new material evidence supporting my Claim. I was frustrated so I just dropped it and did my best to work until 2014 when I was struggling to keep employment and unable to perform daily task. And after being involved in automobile accident I tried in 2015 to go back and try to resolve this 25 year problem.

You may ask why are you know deciding to finally set down and try to resolve it?

Until now I did not understand all the laws and complications this process has. So after filing an Apeal for all the years I had been Denied and taking this matter to some Senior Board members in Washington,D.C for help and and guidance from the VBA. I was unclear of any of it. But my biggest Question has always been to the VA. First why was I not processed when I got out and was paid Severance for my Disbility. Second why have I been denied a C/P exam if they say I had no new material evidence if I signed the Forms for them to get the Medical Records. And the biggest clue for me was during this year when I filed an Appeal and was told that it would take between 2weeks to a,month for them to have my Service Medical Records scanned into the System.

Hello that is like handing me a Loaded Gun. Why would they need to send off to St. Louis for my Service Medical Records after Denying my Claim for over 25 years. I have been told by every VSO,RO and every VA rep that they have access to that file and it was used to Decide my Claim. Ok, if they had it then why did they need, more Importantly why did I send by email a scanned Certified copy of my Service Medical Records for them to use in my Claim this year. It was not until I sent them my certified copy did they let me have a C/P exam. And after 25 years do you honestly think that I would have the exact same symptoms and disabilities as I did 25 years ago. Why of course not, after all human,bodies and disabilities change.

But according to the C/P examiner in his Nurse Practioner wanting to play doctor said that my condition now was not what I was Discharged from the USMC for. And that what he diagnosed me for is not debilitating. Honestly where do they get these people from. He did not do a full exam,and his Non-Board Certified Orthopedic opinion is what 25 years of frustration has turned into. But I am Appealing this poponderous and unethical wisdom.

Sorry this so long but I felt it needed a merit of background, I have left out a lot of details to make it shorter. But my question is two things.

1) Did or does the VA have to grant or give a Veteran a C/P exam if they were Medically Discharged? This was in 1990

2) If the VA did not have to grant me exam even back in 1999,2010,2011 and it would of proved my Claim why would they still not give one and state I did not provide new material evidence even if I showed them records of not one but two arthroscopic knee surgeries as proof?

3) The biggest Question I have is how can the VA Board make any Decission without using my Service COnnected Medical Records and why would they not even acknowledge that I was Discharged from the Service with the Disability?

I would like to say that 2weeks ago I witnessed some VSO's shredding old folders from a filing cabinet. I asked what they were and they told me they were just old folders or files over 7 years old and they had to go. So I am,asking how is it that if someone like me wants to Appeal and old Denialxand might need the proof of the doctor's notes or something from it that was missing or not included. Why would they not scan and record all the information onto a CD or external type hard drive for cataloging. I am just asking has anyone known of this to happen and later the VA says,they never received anything. Kind of makes me wonder why the VA says they never got my 1990 Claim and says I did not try for Disability Compensation until 1999. What your thoughts on it?

[ardodd]

I do have more questions relating to my time as a Marine from October 06,1987 thru July 10,1990.

Question 1) Camp Lejuene Water Contamination Bill of 2011. Which states that this pertains to Marines that served from 1950's thru December 31,1987. I do want to ask is there a  extension to the rule? Meaning I have the symptoms as those during that time frame. And even noted by my VA Primary healthcare Doctor. The VA says that is the deadline date and that is it.

I found this online through the ATSDR site:

Quote

 It is important to note that in accordance with BUMEDINST 6240.3, Department of the Navy and United
States Marine Corps officials were knowingly poisoning their own people during the period of 30 October
1980 - 1 April 1988. Prior to 30 October 1980 this same directive had pre-emptive requirements that if had
they been followed, would have eliminated most of the human exposures that occurred after 1963.

http://tftptf.com/Misc/Timeline_Linked_March_2012.pdf

Which does bring into mind a cloud of doubt and how the Congress and VA are trying to limit the amount of Tort and Claims that can be limited to the whole picture.

 

And my second question is about Exposure to Asbestos" or "Asbestosis" which I was exposed to during my time when deployed in 1988 on the "LSD Spiegel Grove"

Which took 11 years to clean up before sinking off the coast of Florida. One of the most document Asbestos laid ships in Naval History.

I did have Claim for "Asbestosis" in my 2015 Claim. And the DRO decided that my MOS was not at risk for "Asbestos Exposure" and ignored my indications of serving time on board the "LSD Spiegel Grove" and the diagnosis of my Primary Care doctor.

But this is not funny and bothers me to this day. The United States Marine Corps forced me to sign a document stating I was not exposed to "Asbestos" while serving on board the "USS LSD Spiegel Grove"

[ardodd]

After reading more of above pdf file I come across these findings:

Quote

 May 11 1988 – ESE Confirmation Study Characterization Step Report for Hadnot Point Industrial Area.
(Cercla 258 & Cercla 48) Summary of findings:
1.Buildings 901,902,903,1202,1502, and 1601 appear to be the sources for the three contaminated areas at
the Hadnot Point Industrial Area.
2.Building 1100 was identified as former service station which conducted limited maintenance. During the time
of the NACIP study it was used as a printing plant. A 55 gallon drum of PCE was observed outside the
building. ESE was informed that the drum developed a leak and was allowed to leak onto the ground. ESE
recommended further monitoring of this area and the installation of a monitoring well.
3.Soil and Gas investigation confirmed the presence of TCE at these three sites and in limited quantities at
several other sites.
4.The potable water obtained for MCBCL is derived from a sand/limestone interval which is highly permeable.
Groundwater flow was generally towards the New River. The flow into the deep aquifer zone could not be
definitively established by the current data due to a scarcity of sampling points.
5.Two contaminated plumes of VOCs and petroleum hydrocarbons were found to exist. The northern plume
consists of 2 sources of contamination centered around building 901 (maintenance shop) and the Hadnot
Point Fuel Tank Farm. The data suggests that these two plumes have coalesced into one large plume of
contamination. The southern plume was centered around the maintenance facility associated with buildings
1601 and 1709. Voc contamination of the deep aquifer has not been established but is assumed to have
occurred due to the presence of contaminated supply wells adjacent to the Hadnot Point Industrial Area.
May 13 1988 – Letter from Commanding General MCBCL to Commandant Marine Corps regarding
groundwater contamination at Tarawa Terrace. Information concerning details of the contamination
forwarded to HQMC. (CLW 1716).
May 18 1988 – Letter from AC/S Facilities, Col. Dalzell to Preston Howard (North Carolina Division of
Environmental Management) regarding notice of release from underground fuel storage facilities at Hadnot
Point fuel farm. Col. Dalzell informs the State that engineers have located and defined a plume emanating
from MCBCL’s fuel farm at Hadnot Point. He further advises that the Commanding General has order the
farm closed and an interim fuel farm be established with all environmental precautions to prevent further
contamination. (CLW 1734).
May 18 1988 – Letter from Commanding General MCBCL to Commandant Marine Corps concerning
documented groundwater contamination at Hadnot Point fuel farm. The General makes the request to
expedite funding for the 05 Feb 87 MCON proposal to relocate the aging and leaking Hadnot Point fuel
farm. The General confirms that gasoline derivatives and other volatile organic compounds have been
found in the water supply aquifer and the deep water aquifer underneath the fuel farm. The General also
advises that inventory records indicate a continued loss of fuel into the ground and that a “positive and
swift action” will demonstrate their commitment to the environment to the various regulatory agencies
overseeing MCBCL. (CLW 1737).
May 24 1988 – Message from Commandant Marine Corps. HQMC advises all stations that they shall give
notice in accordance with SDWA concerning lead in the drinking water systems. Notice shall be given in
the form of newspaper articles and mailers in bills. (CLW 1714).
June 1988 – Camp Lejeune Military Reservation (Including MCAS New River) and ABC One Hour Cleaners are
both proposed for listing on the EPA’s National Priority List as a Superfund hazardous waste site under CERCLA.
(CLW 4976).
1.Ground water at the base is shallow (10ft) and subsurface formations are permeable (conditions that facilitate
movement of contaminants into ground water). An estimated 13,800 people obtain drinking water from
wells within 3 miles from site # 21. The nearest well was 1,400 feet away.
2.VOC contamination in the shallow and deep water aquifer.
June 1988 – MCAS New River Water Treatment study prepared by Hobbs, Upchurch and Associates. P.A.
The study recommends the installation of an ammonia feed system to treat the water used for MCAS.
The system will prevent the formation of TTHM and bring the air station within compliance of the
proposed 0.05 ppb standard. (CLW 6036).

I also referenced these other pdf files:

 http://www.tftptf.com/CERCLA/00258.pdf

http://www.tftptf.com/CERCLA/00048.pdf

Am I grasping for straws to prove that even after congress's mandate for deadline in 2011. I feel that they did not have enough background reports at that time to give a final date. Because there is more and more evidence coming in that proves the USMC and Navy both are still covering up evidence to this day. 

[ardodd]

Sometimes I tend to get so into what I am focusing that I lose contact with reality. And this is the case here again, as i have allowed my angers and frustrations guide me.

 

I apologize as this seems to be reasons why I can not find any Lawyer to represent me. And so far the VSO's have not jumped on the band wagon either.

 

We all know the old saying:

"Only a Fool would Represent Himself"

 

I guess in the middle of all this I am the fault for my claims being messed. And that the VA is 100% in their Decisions. So I guess it is time for me to just leave it alone and the VA keep their stinking greedy blood money.

[Lemuel]

Welcome to the bandwagon.  Had an attorney who did a partial good job but then left on my insistence to do the CAVC on all issues.  Tinnitus for 10% for 13 years caused her to jump ship.  only a $6,000.00 paycheck for her and auditing by the CAVC.

Don't expect an attorney for anything but a slam dunk.  None interested in precedent setting decisions.  It is all about the money for them.

Your case sound iffy because of the auto accident.  A post service aggravation of a service aggravated pre service injury.  And no big paycheck.

[ardodd]

10 minutes ago, Lemuel said:

Your case sound iffy because of the auto accident.  A post service aggravation of a service aggravated pre service injury.  And no big paycheck.

You lost me on that one @Lemuel

[ardodd]

Guess it is right to be questioned and told my life and claim are iffy at best. Thank you for all your help and helpful links for resources.

That is pretty much the way Hill & Ponton put it. They have too many high profile case's and a little petty 10% for 27 years case that more holes in it than a barrel shot with #3 buckshot does.

 

I have no doubt that Chisolm, Chisolm & Kilpatrick will be the same way. There is too much time involved with an Erroniuos Error claim, and with so many ways the VA makes sure to leave markers so it can not be turned around. I understand fully my Claim is just a crock of chit and a petty attempt to get benefits and compensation for ignorance.

Ignorance and stupidity is not a compensationable disability, it is only the direct result of lack of knowledge and understanding.

Sorry to of bothered everyone with my petty ignorance.