Fony NWQ killing vets

[Victor Ray]

I am in the NWQ and  have been since June 13 2016.  My claim just got pushed back to April 4, 2017 as a completion date and it could be longer.  How is it possible that the in NWQ is going to benefit any veteran or even the VA?  I have documented proof of the illnesses I have now that began in Vietnam but the Raters that view them cannot see what's in plain sight,  or they are just continuing the tradition of ignoring the facts,  in order to deny or at least delay benefits.  I don't have the luxury of waiting years for the VA to correct this situation and it is a clear and unmistakable error going back to 1971.  There is so many things wrong with the system that it cannot be fixed and it will screw around till way after I am dead before it ever gets any repairs.  Half of the employees should be fired and the other half trained because they do not know what they are doing.  I don't think they understand what evidence is,  or how hiding and destroying it affects the veteran and his dependents.  Many do not know what any medical terms mean at all and cannot relate them to the veterans disabilities.  How could my claim get pushed back an additional seven months when it's been sitting there for two years or more already and is cut and dry.  The VA completely screwed up in 1983 ( A clear and unmistakable error) and so did the Army in 1971 ( another clear in unmistakable error when I should have been discharged medically), and they don't want to admit it.  They would rather I die than to admit a mistake  and properly compensate me.  The VA was wrong, and they know it, but the upper level  management  lie to its employees to take some of the guilt away because they get paid well enough to let veterans die without it bothering them.  It's easy to mark claims incomplete and put them in a bin to sit for years and years while we veterans die waiting.  I saw where two of my claims were marked incomplete but the bedrooms employee I'm working with says they are not incomplete but I expect they will never be viewed in my lifetime.  I have never seen so many dishonest actions in my life from one organization,  And it's the people at the top that are ruining the system not the average employee.  The upper level administrators lie to it's subordinates without telling them the truth about where those claims go,  or how long of a wait,  or why they wait without being resolved.  They are doing the governments dirty work and don't even know they are letting people die,  or be denied the benefits they are fully entitled to. How long do we sit in this fony NWQ?  There probably isn't a time limit or a death limit as to how many will die before it's fixed, is there?  Isn't the in NWQ supposed to speed the process up?  It is a total failure or is purposely designed to kill more veterans.  It's not a mistake that we sit there for years on end but is a design to allow the veterans to die.  300,000 veterans died and no one even noticed.  That's how good the VA is at hiding and covering up our deaths and destruction.  Is there not anyone that can force the truth out of the VA's management?  No one is accountable for anything,  And 12 veterans day discover the truth.

[broncovet]

You need to do the following, in this order:

1. Email Robert McDonald and tell him:

a) you need an immediate decision as you have failing health

b) a Couple short sentences of MEDICAL EVIDENCE, with dates of exams, on how you deserve a higher rating (EED, higher percentage) etc..

c)  Dont give your opinion...remember they dont beleive anything we say, but show how their decision is in conflict with the regulations and your evidence.   Dont call VA crooks, even if/especailly when its true.  

2.  Get a lawyer.  Dont mess with VSO's.  Decide which heir (wife, son, etc) you want to be "substituted" as a claimant in the event you die before your claim is completed.  Our own Berta has won her late husbands benefits because VA killed him with poor medical practices.  

3. Continue on with more important things, hobbies, friends, grandchildren.  Make amends with everyone.  

 

[Victor Ray]

Thank you Broncovet.

I did email "Bob" once, but called him on several occasions. I don't believe he listens to those messages, and he never answers the call. 

I didn't want to get a lawyer, but may have to. When they get through with their fees and charges, the vet gets pennies on the dollar. Even claims agents are crooks and expensive which goes to prove "it's who you know", that can pull the right string to get it done. Such a corrupt government. 

I sincerely appreciate the guidance, and just so you know, I am working with a VA employee that seems sincere and like they are trying to help me expedite the process. She got my claim reopened immediately after the first low ball decision. She just told me she has put me in a hardship status, but I don't know if that is true, or just to make me feel good. I don't have a diagnosis yet as to what the hypodensity is,, but it can't be good, just not as bad, if you know what I mean.

I don't have any friends, but have family, but I don't tell anyone but my wife and the VA what is going on, and my wife will take over.

my guess is that 80% of all claims are artificially prolonged. 10 years to resolve a claim? Impossible. That can not happen, but yet it does, because we allow it. That is the only reason, we allow it. We allow veterans to get screwed to death, literally. How shameless this is. 

My claim from 1983 is reopened, as far as I know, and they were asking for new and material evidence. When I was with DAV I said well, the NEHMER ruling for one, should do well because it did not exist yet when I filed, but came into play afterwards. The VA would not release my treatment records fan an appeal. They still won't release many, and told me they would not release them, citing some FOIA Chap 5&6.

i was supposed to be separated from active duty after Vietnam, because of the lengthy recovery period (over 120 days), and my permanently defective conditions that are listed in the Regulations for "physical capacity and stamina". It's the heart, gastrointestinal system, respiratory system, endocrine, geneatory system, blood disease, etc. I had all that, defects in all that, and the Army documented it, issued it in my permanent health records, along with being non deployable to half the world.

I was sent "HOME AWAITING ORDERS", and while there, I got orders to PCS to Alabama, 800 miles away. I should have had a PEB locally to determine if I was fit for duty, because I was found unfit in Vietnam. I did not receive a board until traveling to Alabama, and never did receive the "recovery period" that was ordered, "over 120 days". I was put back on duty about 35 days later, still ill. They discovered I had over 6 months active duty, and being well over 30% permanently defective, would have meant full retirement with full pay, with full health care, and all other benefits the military can offer. It screwed me out of all of that, and when I filed in 1983 they would not give me nor the VFW access to my treatments in Vietnam or for 7 months afterwards. I did get some treatment records this year from Vietnam showing the chloracne, swollen legs, arms, ears hands, rash on almost all of the body, large wheals on the back and trunk, abdominal pain and cramps,  bone pain requiring pain medication, itching skin, right side pain in liver, blistered hands, neck, ears, mosquito bites, fevers, irregular heartbeat swinging very low to very high, flexural atopic dermatitis, and some are missing, showing urinating blood, diarrhea. Just shows the cramps and pain. I have the documents showing all of this

The documents seem to mean nothing as evidence to The St. Louis VARO and DAV because they have both had them for 2 years. I was evacuated out of Vietnam after 3 weeks to Japan for more tests on my way to USA. Those results are missing too. I could go on and on, but the bottom line is that the VA has withheld all my medical records, all treatment records, effectively preventing me all my life from proving my case. Just a week ago I got 2 documents showing LD (Line of Duty) Upper Respiritory Infection and confined to quarters for 24 hours, with the organism or virus, accute, diffuse, and unknown. I had all these illnesses but they were strange and unknown to the doctors, but are documented yet denied. The 1983 fee based exam showed spotted lungs and atopic dermatitis. The Report left out the spotted lungs and past URIs. The VA says I didn't have any condition related to conditions I had in the service, but I have the Atopic Dermatitis still, and it is documents as a problem on May 26 1971, at the 24th Evacuation Hospital, Long Binh, Vietnam. The VA gas had all that since at least June 1983

[Victor Ray]

5 hours ago, broncovet said:

You need to do the following, in this order:

1. Email Robert McDonald and tell him:

a) you need an immediate decision as you have failing health

b) a Couple short sentences of MEDICAL EVIDENCE, with dates of exams, on how you deserve a higher rating (EED, higher percentage) etc..

c)  Dont give your opinion...remember they dont beleive anything we say, but show how their decision is in conflict with the regulations and your evidence.   Dont call VA crooks, even if/especailly when its true.  

2.  Get a lawyer.  Dont mess with VSO's.  Decide which heir (wife, son, etc) you want to be "substituted" as a claimant in the event you die before your claim is completed.  Our own Berta has won her late husbands benefits because VA killed him with poor medical practices.  

3. Continue on with more important things, hobbies, friends, grandchildren.  Make amends with everyone.  

 

This is what I received. DAV made sure the VA remembered and considered that I dumped their power over me, so punish me by not changing a thing. The VA obeyed its superiors.

[broncovet]

Its a common misconception about lawyers, Victor.  Hiring a lawyer, in reference to VA, is "no risk" to the Veteran.  

Here is why:

    YOu have obviously tried other means to get your benefits.  Not that its your fault, but it has so far been unproductive, to the extent you desire.  So, doing the same thing again, and expecting a different result is unlikely to work.  

    When you hire an lawyer experienced in representing Vet claimants, remember, that the EAJA fees will often cover all or a part of the fees paid to the lawyer.    Some lawyers will even accept cases ENTIRELY on EAJA fees, that is, at no cost to the Veteran.    They dont accept ALL cases, they have to think you will have a good chance of winning, and will only know that if they can see your records.  

   So, lets say you do hire a lawyer, and lets be an optimist and say the lawyer wins your case.  It still costs you nothing if they lose.  Before they charge you a nickel, the EAJA fees will be deducted from any fees you have to pay.  

So, let's say the EAJA fees are not enough, and the lawyer wants more, this time, from you.  Well the lawyer has to petition the court to approve fees over and above EAJA fees, and the lawyer will have to explain why the EAJA fees were not enough.  Only when/if the lawyer succeds there, will you have to pay a nickel.    Frankly, its likely you wont pay anything, even if you win, and if you do have to pay, you will pay much less after EAJA fees which are deducted from anything you have to pay.

    The law prohibits the lawyer from collecting BOTH EAJA fees and from the Veteran, except to the extent that the lawyer has more time invested than EAJA fees will pay.

 However, even if your lawyer did succeed in collecting 20% OVER AND ABOVE EAJA fees (unlikely) then 80% of something is still more than 100% of nothing.    

Edited September 18, 2016 by broncovet