ptsd No Timeline After Cavc Reversal For Cue

[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 May 30, 2015 by Tbird
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[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.

And I just remembered a biggy ...the initial decision on my AO IHD claim.

They reversed that in mere weeks when I filed CUE via VACO as a complaint.

Some well paid federal RO claims idiot stated that since my husband had no evidence in his SMRs of IHD, they denied my AO presumptive claim.

Hell, these vets were kids in Vietnam, how many had evidence IHD in their SMRs." Probably none.

commander in my husband;'s unit ( USMC 65-66) was only 25 years old.. The other Marines were not even 21 yet.

After that IRIS the award came FAST - the 800# person was really confused...how could the same claim be denied and then awarded in a few weeks...they asked me...

Because I raised Hell was the answer I gave...

Edited May 28, 2015 by Berta

[Berta]

Update...I got the call from VACO......

The guy says they paid me what they owe me.

I have a decision that says they wont pay me.

I asked this Chief of whathave you,VACO who also had someone else listening in, who got the money he says they paid me...

he said to talk to Finance. He said it is on the PC that they awarded 100% P & T for the CVA...

I said I think you are looking at the 100% SC P & T PTSD award.

He did sort seem to know but I am not sure, that these are 2 separate issues....they are paid separately. My AO 2012 Nehmer decision proves that.

I told him I would proceed with other options because he was wasting my time.

And I am contacting the IG in minutes.

This is like the 'new DIC claim they opened for me'..last year ..a stall tactic to subvert the CUE....

I told the IG they would certainly have to award the new DIC claim but who would get the cash"

I already get one DIC check for 3 separate DIC awards.

Only one check is issued for DIC....a good way for a wannabee to get a DIC payment.....when I learned of the "new" DIC claim...via Peggy.... they never mentioned it at all to me by mail or anything...

After contacted the IG, last year , the VA took the DIC claim off the books.

This guy was reading from the same PC screen that Peggy uses.... and I told him, he was wasting my time and I hung up. He just emailed me again..

I was emailing him at the same time that I would contact the IG.

I need to perfect my writ and am fully prepared to appeal to a higher court if needed.

I am taking a few days off hadit to do that.

Edited May 28, 2015 by Berta

[Deepwater sailor]

Berta,

I am empathetic to your plight, though I don't know what most of those acronyms mean.

I take from your posts you were not fooled by asknod's tirade. I don’t understand why a “veteran” would become so viciously angry with another veteran for posting their troubles. It leads me to think “asknod” is not a veteran, but one of “them”, VA, BVA, etc.

He or she (I don't know which) writes with the same illogical, irrational rationale (redundancy intended) as the person at BVA who has caused me so much trouble over the years. So much so, I think there is a good chance, they are one in the same.

This person "asknod" responded to my post, in just a few hours, with details that only someone intimately familiar with my claim would know. Details that were settled many years ago and no longer relevant to my claim. Details NOT included in the CAVC decision.

It seems implausible that someone from Gig Harbor, Washington would be intimately familiar with my claim in Montana.

Otherwise, how this person acquired a docket number is a mystery to me.

I intend to see if the release of information violates any of the HIPA statutes. If so, he or she continues to tighten their noose and it is my intention to see that exercise completed.

You asked earlier about my reluctance to discuss my stressors. I was referring to public discussion. I have discussed them with my doctors, ad nauseam.

Asknod’s post was not unlike a kick in the gut. It was distracting, but as I am able I will pursue this matter to the end.

God willing, I will see the end of it.

[Tbird]

Deepwater sailor I do not agree with your comments about Asknod's response I think he laid it out like he saw it. If you do not want to read Asknod posts you can put him on your ignore list. I do not feel he attacked you but laid out the facts you stated with his responses. I definitely do not think anyone got into your personal files, bva, cavc all those decisions are available online with lawyers names, judges names, contentions and such. We are all volunteers here and we don't always agree but we will be civil to each other.

[Deepwater sailor]

Tbird,

Please re-read my comments on asknod & then the comments by asknod. He had information that he had no legitimate access to. You can't google obscure details from unpublished proceedings.

You suggest he called it as he saw it... so did I.

If you knew the TRUTH about his accusations, you would realize the TRUTH to my comments.

I'm not looking for a pi__ing contest here... my original hope was to draw attention to the mishandling of my claim and gain some honest help from someone, somewhere. I made real effort to eliminate emotion from my posts prior to this.

I'm actually surprised at your reaction. It's undeniable his comments were an attack and demeaning.

[Tbird]

ok deepwater sailor I understand you find his comments an attack and demeaning, please put him on your ignore list. Personally if I hire an attorney I follow their advice. As Asknod pointed out you might have a big lawsuit with proof of all your contentions and with proof it is probably worth pursuing.

But as Asknod stated the least little discrepancies in your account of events is something the VA will seize on to deny you.

If you have the evidence we all truly want you to win, you can believe or not.