Jump to content
VA Disability Community via Hadit.com

VA Disability Claims Articles

Ask Your VA Claims Question | Current Forum Posts Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users

  • homepage-banner-2024-2.png

  • donate-be-a-hero.png

  • 0

VA state General Counsel

Rate this question


Richard Ash

Question

Help! I am being told by Dennis Shepherd, General Counsel for the Kentucky VA that I may NOT contact either my local VA rep OR my Regional Admin. I have had 2 claims denied, ( First because they checked the Navy and they said I had not been exposed to ANY radiation, then the AIR FORCE said same ) I was ARMY 1973-79. 1 appeal denied with no reason given, and today my NOD was denied. Said they could find no record of my service in any of the armed forces. My DD214 shows every detail of where I was stationed and my MOS.

So my question is: Can the VA General Counsel stop me from talking to them or even emailing them? I came down with pancreatic cancer after being exposed to radiation from the HAWK Missile System.

 

Thank You,

 

Rick Ash

606-798-1218 Home

rickash@windstream.net 

 

Link to comment
Share on other sites

  • Answers 9
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

Recommended Posts

  • 0
  • HadIt.com Elder

I agree with broncovet

CHECK OUT THE NVLSP Attorney's   best bet in my opinion.

Link to comment
Share on other sites

  • 0

Shepherd  might also be working for the American Legion.

This is from a widow’s claim, She claimed the veteran’s death was due to radiation exposure at   the Hercules Missile Warhead site.

Although this was a 2012 Remand I assume the contact info below is still the same.

Remand in part:

 

“2.  Send a written request for a record of the Veteran's occupational exposure to radiation to the Commander, U.S. Army Medical Command, Attn: MCPO-SA, 2748 Worth Road, Suite 25, Ft. Sam Houston, TX 78234-6025.

 

5.  After completion of Action # 2, if a negative response is received, review the Veteran's Official Military Personnel File to see if it contains a DD-1141 and/or some other proof (such as the Veteran's wearing of film badges) of radiation exposure; make an official finding; and document the claims file accordingly.  Then, notify the appellant and her representative regarding this finding.

 

6.  After completion of steps 1, 2, and 5, if evidence of radiation exposure is found, get a dose estimate.”

 

http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp12/Files4/1230195.txt

 

This is why your Personnel file from the Military,as well as the SMRs might be critical to this claim.

"Said they could find no record of my service in any of the armed forces. "

I dont think the VARO tried to get those specific Army records from the above entities. I strongly suggest you contact them yourself.

Also you can request your service personnel and military records at the NARA web site -www.archives.gov

They are probably there still in the Archives  because VA asked for proof of service in the wrong branches of service.

If you can attach the decision (cover C file etc) we can tell if this raises to CUE (at first glance it does)and that may be an easier way to fix it......

 

 

 

 

 

 

Link to comment
Share on other sites

  • 0

I did some additional research on the Hawk Missile system. But rather than post it all I hope this vet returns to hadit because there is a big difference in ionizing radiation and non-ionizing radiation. Hawk used non iodizing radiation in their radar systems:

 38 C.F.R. § 3.311 only provides service connection for in-service ionizing radiation exposure, not non-ionizing radiation exposure.

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use