A difficult, but true story with a warning to Veterans. Fore-warned is forearmed.
Like many others, I enlisted in the military, to do my part. It never occurred to me, beforehand, that such as this story would occur.
I find most veterans are reluctant to discuss their ‘stressors’. After years of experience with VA hospitals, I don’t remember anyone ever telling me what happened to them. Those painful events are personal, private and burdensome.
I don’t want to discuss my ‘stressors’ either; suffice to say they occurred and I struggled with them for years, before I sought help at Fort Harrison, MT.
The process being what it is, I received many demands for information and ordered to numerous examinations. At the end of each communication, VA threatened to dismiss my claim, if I did not comply.
With each new demand I spent days or weeks struggling with my memories and flashbacks, trying to meet VA’s requirements of the moment. For those fortunate enough not to understand that struggle, hours and sometimes days are lost to thoughts and overwhelming states of mind. Staying on task is usually very difficult, if not impossible.
Each new brief submitted by VA was rife with errors. Often it required eight to ten pages to correct the critical errors made by VA’s claim of the “facts”. The true facts were in the record and the errors were always skewed to my disadvantage. VA’s inability to get it right has made for me some very dark years.
I submitted to numerous Compensation & Pension (C&P) examinations. The consensus was: “chronic & severe PTSD”. Unsatisfied with these diagnoses, VA requested some of the doctor’s change their diagnoses. These requests were illegal and fraudulent, they are also in the record, much to VA’s chagrin and I suspect that of the doctors involved.
Once the first examiners had reversed their diagnoses per request, VA set about having the record and examinations reviewed by numerous other doctors, who expanded on the fraudulent opinions with even more fraud. At one point an examiner stated I was not credible because I had “requested” so many C&P exams. Fortunately there was an honest physician that pointed out I had not requested the examinations, but had been ordered by VA to comply or have my claim dismissed.
After several years of treatment, a doctor recommended I seek representation by a service organization. Up to that point I had merely jumped through the hoops required by VA. I did not understand the process. In hindsight, a veteran should not need to understand the process or deal with a predatory VA. Their service should be honored by an honest and forthright Veterans Administration, as promised and as required by law.
Disabled American Veterans (DAV) was recommended to me and I made numerous efforts to enlist the help of DAV, only to be rejected by Mr. K.G. in his condescending manner. His reason… I had begun by talking with someone else. This seems absurd, but nonetheless true.
After seven years of submitting to VA’s process, my claim made it to the US Court of Appeals for Veterans Claims (CAVC), in 2006. I retained representation by B&M, a veteran’s law firm in Bethesda, MD. During that time, the Court decided I also needed to be represented by a service organization. My attorney informed me of this and asked whom I wanted to give Power of Attorney (POA), for my claim. I explained to the attorney that I had tried to enlist DAV’s help, but Mr. K.G. had refused to accept my POA.
The Court assigned DAV to my claim and my attorney and VA jointly agreed to remand the matter. My attorney told me remand was "the best I could hope for". Although in the end, the facts that won the Court’s reversal and my service connection were of record and in his possession, when he said remand was "the best I could hope for".
When I approached Mr. K.G., expecting help with the next step, he made it plain that he resented being assigned by the Court. He accused me of “some underhanded dealings” and said “Go home… don’t do anything… don’t call anybody, don’t write anybody… and don’t come back to this office”. I have not gone back and I will never forget his words.
Eight years later, my claim made it back to CAVC, with B&M representing me again. My attorneys began again saying remand was "the best I could hope for", but this time I refused, up front, to accept a remand and insisted they read my statements concerning VA’s fraudulent prosecution of my claim and seek reversal of VA’s denial of benefits.
With a small and insignificant exception, B&M’s brief to CAVC in 2014 was a reiteration of my statements. While I am grateful for B&M’s assistance and the Court’s reversal of VA’s denial, granting me service connection, I have to wonder why the facts were not viewed the first time, eight years prior. The facts used by CAVC in 2014 were present in the record in 2006 when my “best hope” was remand.
My attorneys were well paid for their service. With the Court’s reversal in hand, they correctly predicted that VA would “drag their feet and low-ball my rating”. Then they offered to prevent this continued injustice and see that the Court’s orders were carried out… for a 1/3 share… which was over 5 years of benefits. I declined their offer, believing that the Court’s orders must be carried out… period. Shouldn’t they? I’m beginning to wonder!
In a few days, it will be a year since the Court granted my service connection. To date, I have received a form letter from Fort Harrison, MT confirming receipt of my claim from CAVC and the Court’s decision, but nothing else. Not a word.
In the Court’s decision, the law requiring expedited handling is quoted and ordered. After months of nothing, I inquired about the required expediting only to be told they “only pay lip-service to that law”. Lip-service only… to the law? That’s outrageous.
About that time, a public relations person from B&M’s office contacted me, wanting to use my name & picture in their professional advertisements, because “reversals are rare”. I expressed my desire to remain private and again explained that their desire for 1/3 of my benefits was unwarranted.
The PR person stated maybe one of the attorneys could make a phone call on my behalf. That was many months ago and I have not heard from them again.
In desperation (I’m about to lose my home), I recently sought ‘un-official’ advice from another service organization, since DAV still refuses to assist me. The other organization found that CAVC’s decision has “not been entered into the computer”. The reason and remedy were unknown. Their advice: be patient. At this point, I have been patient for 16 years.
This other person sent a note to Mr. K.G. at DAV, about our conversation. A few days later, I received a call from DAV, the first since 2006. The woman that called was very smug and reminded me that DAV has my POA. I explained that Mr. K.G. refuses to assist me and I am about to lose my home, to which she said I’d “just have to wait”.
Why am I writing this? I hope it will find the eyes of someone that gives a damn about the law and injustice. And I hope veterans that find themselves in need of assistance will read this and not be hoodwinked as I have been, for years upon years.
Too… I wonder how CAVC Judge S. would feel about “lip-service” to the law and his order.
Sincerely,
Edited by Tbird �R�e�m�o�v�e�d� �p�e�r�s�o�n�a�l� �I�d�e�n�t�i�f�i�c�a�t�i�o�n� �I�n�f�o�r�m�a�t�i�o�n
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Deepwater sailor
A veteran's story... after service.
A difficult, but true story with a warning to Veterans. Fore-warned is forearmed.
Like many others, I enlisted in the military, to do my part. It never occurred to me, beforehand, that such as this story would occur.
I find most veterans are reluctant to discuss their ‘stressors’. After years of experience with VA hospitals, I don’t remember anyone ever telling me what happened to them. Those painful events are personal, private and burdensome.
I don’t want to discuss my ‘stressors’ either; suffice to say they occurred and I struggled with them for years, before I sought help at Fort Harrison, MT.
The process being what it is, I received many demands for information and ordered to numerous examinations. At the end of each communication, VA threatened to dismiss my claim, if I did not comply.
With each new demand I spent days or weeks struggling with my memories and flashbacks, trying to meet VA’s requirements of the moment. For those fortunate enough not to understand that struggle, hours and sometimes days are lost to thoughts and overwhelming states of mind. Staying on task is usually very difficult, if not impossible.
Each new brief submitted by VA was rife with errors. Often it required eight to ten pages to correct the critical errors made by VA’s claim of the “facts”. The true facts were in the record and the errors were always skewed to my disadvantage. VA’s inability to get it right has made for me some very dark years.
I submitted to numerous Compensation & Pension (C&P) examinations. The consensus was: “chronic & severe PTSD”. Unsatisfied with these diagnoses, VA requested some of the doctor’s change their diagnoses. These requests were illegal and fraudulent, they are also in the record, much to VA’s chagrin and I suspect that of the doctors involved.
Once the first examiners had reversed their diagnoses per request, VA set about having the record and examinations reviewed by numerous other doctors, who expanded on the fraudulent opinions with even more fraud. At one point an examiner stated I was not credible because I had “requested” so many C&P exams. Fortunately there was an honest physician that pointed out I had not requested the examinations, but had been ordered by VA to comply or have my claim dismissed.
After several years of treatment, a doctor recommended I seek representation by a service organization. Up to that point I had merely jumped through the hoops required by VA. I did not understand the process. In hindsight, a veteran should not need to understand the process or deal with a predatory VA. Their service should be honored by an honest and forthright Veterans Administration, as promised and as required by law.
Disabled American Veterans (DAV) was recommended to me and I made numerous efforts to enlist the help of DAV, only to be rejected by Mr. K.G. in his condescending manner. His reason… I had begun by talking with someone else. This seems absurd, but nonetheless true.
After seven years of submitting to VA’s process, my claim made it to the US Court of Appeals for Veterans Claims (CAVC), in 2006. I retained representation by B&M, a veteran’s law firm in Bethesda, MD. During that time, the Court decided I also needed to be represented by a service organization. My attorney informed me of this and asked whom I wanted to give Power of Attorney (POA), for my claim. I explained to the attorney that I had tried to enlist DAV’s help, but Mr. K.G. had refused to accept my POA.
The Court assigned DAV to my claim and my attorney and VA jointly agreed to remand the matter. My attorney told me remand was "the best I could hope for". Although in the end, the facts that won the Court’s reversal and my service connection were of record and in his possession, when he said remand was "the best I could hope for".
When I approached Mr. K.G., expecting help with the next step, he made it plain that he resented being assigned by the Court. He accused me of “some underhanded dealings” and said “Go home… don’t do anything… don’t call anybody, don’t write anybody… and don’t come back to this office”. I have not gone back and I will never forget his words.
Eight years later, my claim made it back to CAVC, with B&M representing me again. My attorneys began again saying remand was "the best I could hope for", but this time I refused, up front, to accept a remand and insisted they read my statements concerning VA’s fraudulent prosecution of my claim and seek reversal of VA’s denial of benefits.
With a small and insignificant exception, B&M’s brief to CAVC in 2014 was a reiteration of my statements. While I am grateful for B&M’s assistance and the Court’s reversal of VA’s denial, granting me service connection, I have to wonder why the facts were not viewed the first time, eight years prior. The facts used by CAVC in 2014 were present in the record in 2006 when my “best hope” was remand.
My attorneys were well paid for their service. With the Court’s reversal in hand, they correctly predicted that VA would “drag their feet and low-ball my rating”. Then they offered to prevent this continued injustice and see that the Court’s orders were carried out… for a 1/3 share… which was over 5 years of benefits. I declined their offer, believing that the Court’s orders must be carried out… period. Shouldn’t they? I’m beginning to wonder!
In a few days, it will be a year since the Court granted my service connection. To date, I have received a form letter from Fort Harrison, MT confirming receipt of my claim from CAVC and the Court’s decision, but nothing else. Not a word.
In the Court’s decision, the law requiring expedited handling is quoted and ordered. After months of nothing, I inquired about the required expediting only to be told they “only pay lip-service to that law”. Lip-service only… to the law? That’s outrageous.
About that time, a public relations person from B&M’s office contacted me, wanting to use my name & picture in their professional advertisements, because “reversals are rare”. I expressed my desire to remain private and again explained that their desire for 1/3 of my benefits was unwarranted.
The PR person stated maybe one of the attorneys could make a phone call on my behalf. That was many months ago and I have not heard from them again.
In desperation (I’m about to lose my home), I recently sought ‘un-official’ advice from another service organization, since DAV still refuses to assist me. The other organization found that CAVC’s decision has “not been entered into the computer”. The reason and remedy were unknown. Their advice: be patient. At this point, I have been patient for 16 years.
This other person sent a note to Mr. K.G. at DAV, about our conversation. A few days later, I received a call from DAV, the first since 2006. The woman that called was very smug and reminded me that DAV has my POA. I explained that Mr. K.G. refuses to assist me and I am about to lose my home, to which she said I’d “just have to wait”.
Why am I writing this? I hope it will find the eyes of someone that gives a damn about the law and injustice. And I hope veterans that find themselves in need of assistance will read this and not be hoodwinked as I have been, for years upon years.
Too… I wonder how CAVC Judge S. would feel about “lip-service” to the law and his order.
Sincerely,
Edited by Tbird�R�e�m�o�v�e�d� �p�e�r�s�o�n�a�l� �I�d�e�n�t�i�f�i�c�a�t�i�o�n� �I�n�f�o�r�m�a�t�i�o�n
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FormerMember
Dear Joseph, Wowser. There's so much wrong with this, I'm not sure where to begin. <<<At the end of each communication, VA threatened to dismiss my claim, if I did not comply.>>&g
Berta
forgot to add, my testimony to the H VAC is also part of my writ evidence. I might even include what they tried to pull on my daughter. VA EDU is an oxymoron sometimes. Fixed in a few weeks.
Berta
I just read the CAVC case and Totally agree with Alex. If a claimant comes to us with a story of their problems with a decision, but is not willing to scan (covering C file, name, address first)
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