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Question

I have come to learn my medical evidence was withheld all my life due to "ANTICIPATION OF LITIGATION", from what I gather, and the VA used a couple FOIA EXCEPTIONS OR EXEMPTIONS in withholding them. I am asking why the VA would anticipate me suing them before I even got discharged? Just asking. Thanks

Victor Ray

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  • HadIt.com Elder

https://www.law.cornell.edu/cfr/text/38/3.816

check this link out for Presumption under the Nehmer Rule

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4 hours ago, Gastone said:

V, you're currently VA 70% SC and I have to believe some of that is Nam Vet "Boots OTG" AO Presumptive, correct? 

Did you apply for a Direct SC for the "Skin Condition" that got you hospitalized while in Nam? Was it Denied, and if so could you post a redacted pdf of the Denial Letter.

Over the past 30++ years, have you ever discussed with a VA Lawyer your problems getting your FOIA requested SMRs?

At some point, you had to have filed a VA FOIA for your complete C-File in paper form. Have you recently filed A VA FOIA for your VA E-File on a searchable CD. Have you found any evidence of an attempt to withhold your SMRs or discussion regarding "Anticipation of Litigation?"

I would think that from the VA's perspective, with every New SC or Pension Claim filed, there has to be a certain "Anticipation of litigation" automatically attached.

Semper Fi

Gastone,

yes, that is correct. Granted 70 after 3 reconsiderations, and boots on ground.

yes, I all pied for direct service connection. AO exposure was conceded, but it was not shown that the Herbicides caused any disabilities.

No, I have not talked to a lawyer at any length, or serious discussion.

Yes, I have filed 25 or so paper FOIAs, and requests before the FOIA existed. I have asked for the records worded in every way possible, but nothing is hard to understand when asked for all records and documents including all medical and treatment records, all military service records including all travel records, all finance and pay records, all medical board profeedings minutes or records, the Complete "C file", complete 201file.

Yes, I have several searchable CDs but none contain any treatment records from Vietnam, Japan, and some from USA. I have no idea how you would spot an attempt to withhold records. I know that when I went on sick call a record of should have been documented, and I do have letters from the NPRC THE vA has posession of those records I requested, then letters from the VA saying they don't have them. Repeated records from the NPRC saying that the VS does have them, then letters from the VA saying they were returned to the NPRC. I got a phone call from the NARA and they told me they had some treatment documents for me. About 32 medical documents from Vietnam showing tests for malaria, syphylis, other parasites, treatments every week with Chloroquine, abnormal liver labs, irratic heart rate from 60 to 90 gpm at rest, abdominal pain, right side pain, leg pain, swollen limbs, large wheals, mosquito bites, rashes, blisters on hands, neck, ear, from Vietnam showing 21 days inpatient then medivac'd to Japan for advanced testing, I could not. Be treated so airlifted to USA. I got "0" records from Japan.

i filed many times for my "Complete C-File" but never got it, but I have received  2 or 3 CDs and told many times I have all the records they have, then finally, I got 32 I didn't have, then another 4 I never had.

i understand what you say about new claims and anticipation of litigation. Like workmanship comp, except the VA does a line of duty. Al my records are "Line of Duty-Yes", so why were they withheld.

Jan 11, 1983 a blanket deferral for all Agent Orange claims went into effect. I filed April 4, 1983 and was denied the day before my records even left St. Louis headed to Nashville for my decision. I was denied several days before they even saw the documents. Would you say that was a reasonable thing to do considering I was evacuated due to a skin disease? That disease was just a visual show of internal damage and the Army knew it.

i'll see what they do. Thanks 

victor

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1 hour ago, Buck52 said:

Vic

Did the VA Award any of your S.C. Disability claims   with the A.O. Presumption Criteria?

 &They did concede that you were BOG RVN...To your present claims? or were your present claims cause from military duty from other country or USA? stateside?

Sounds like if you filled for a different claim/or increase and they come back and say  no records found...something is fishy going on.(because your already Service Connected at 70%

As for as different R.O. Adjudicating your claim  this can be a good thing or bad...good is that they find an R.O. That is not as busy as your Original R.O...& Hopefully Adjudicate your claim faster.

 The Bad thing is they do tend to lose records or just not request your  records to help them make a decision,  its so much easier for the rater to just deny  rather than try to request more information (request your records) (check out duty to assist) and also reason VA has been denying your claim  based on no records   that don't add up...since they have S.C. you already.

I recommend you seek a Certified VA Claim Rep  someone like Asknod to help you with this He is pretty sharp on VA Law and can get past the VA B.S.

Remember all us Vietnam Veterans were exposed to the A.O. When we got off the plane/ship and set foot on the ground  infantry or not.

So according to the VA own Criteria Were covered under the Nehmer Rules and the Presumption of the A.O.Act

Use your DD 214 for Boots on the Ground as  prof  

http://www.pa-coc.org/images/Council_Newsletters/Checklist_for_Agent_Orange.pdf

Buck,

yes, I am SC 70% as of last Nov. after 45 years, and boots on ground.the first time or 2 throw the proces, they said they didn't receive the documents I uploaded and sent to Janesville, WI. Intake Center! But it had been 6 months. DAV said the same thing. That's bull, and that's collusion right there. DAV screwed up everything, and I believe it was intentional. Theirvtone of voice was threatening if I talked to the VA employee again. She is assigned to me. When I call her she answers "Hello Victor" on the first or second ring. She is assigned to assist me personally.

my take is that the VA sees it screwed up in my case in 1971. I have a permanent profile, never recovered, but got by (or starve), and should have been medically retired, but I was only 19 years old, and they just couldn't see it because I had my limbs and could get around. My brain as bleeding, my lungs were severely damaged, my blood was clotting, skin was ate up, but I was too young to collect disability, I guess. ANY disability.

Yes, I assume they understand that the treatment records from the military hospitals would service connect me automatically, but then they ask for proof from my doctors that Dioxix is the culprit. 

Absolutely, it has been fishy from day one. Agent Orange was known about in the 50s as far as what it could do. In the mid and late 60s it was investigated and by early 1970 Congress called the VA out on it, knowing they were hiding the truth. A year later I was ate up over there and they said they had no clue, or it could be heat related, or nerve related, or chloroquine related, or all three but then none of them. I was in the Delta here guys were dropping like flies, so bad it affected military operations and was a big concern.

They are gathering evidence for reconsideration right now, and I hope they come to their senses, and I think they have so I am looking forward to it. I hope my ticker don't give out first.

Oh, I  Meant to say that my condition got worse after Vietnam. I think I had a stroke in the Army at 19, because two months after discharge I was in a comatose state for days, and had many ice baths at the local ER. I now have lesion or hypodensity and had a couple more strokes. I am disabled now.

victor

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  • HadIt.com Elder

Drop your DAV Rep send in a request they be revoked Immediately upon THE DATE getting your request to revoke them as your POA.

Hire a certified Experienced VA Rep.

As for as the presumption with A.O.  Claims

Do research or look up what condition you have and check it in comparison with what this bad ass Chemical can do to a person year years later   but also find the criteria that meets your condition caused /or related to A.O. (With you heart disease/ skin cancers)and any other condition that is related to A.O. or on the A.O. Presumption List.

Show this list to a Quailified Private Specialist  some timesWe Vietnam vets  will need to educate the Dr's so -to-speak on this type of claim  and its under presumption/Nehmer .

Fortunately  For IMO..a Specialist Dr will need to Opine this as likely as not caused/related to A.O.

 There are Specialist out there that are veteran friendly and will help/Call around until you find one  or google a specialist with A.O. Experience  that has help Veterans that were exposed...Just my opinion but a lot of your Adjudication problems was with the DAV.

I used DAV but they were useless in helping me with my claims...I never revoked them but I just worked my claims my self and with help here on hadit almost 19 years ago...I too am a Nam vet  but so for I don't have any A.O. Conditions  if I do I don't know it.

I been placed in the VA  A.O. Regestry in 2000 ..but some other veterans say that's all B.S. ??... its suppose to help speed up a veterans A.O. Claim if /when he/she files a claim for it.

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VR, thanks for the get back. 2 B Continued, getting close to my rack time.

Semper Fi

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57 minutes ago, Buck52 said:

Drop your DAV Rep send in a request they be revoked Immediately upon THE DATE getting your request to revoke them as your POA.

Hire a certified Experienced VA Rep.

As for as the presumption with A.O.  Claims

Do research or look up what condition you have and check it in comparison with what this bad ass Chemical can do to a person year years later   but also find the criteria that meets your condition caused /or related to A.O. (With you heart disease/ skin cancers)and any other condition that is related to A.O. or on the A.O. Presumption List.

Show this list to a Quailified Private Specialist  some timesWe Vietnam vets  will need to educate the Dr's so -to-speak on this type of claim  and its under presumption/Nehmer .

Fortunately  For IMO..a Specialist Dr will need to Opine this as likely as not caused/related to A.O.

 There are Specialist out there that are veteran friendly and will help/Call around until you find one  or google a specialist with A.O. Experience  that has help Veterans that were exposed...Just my opinion but a lot of your Adjudication problems was with the DAV.

I used DAV but they were useless in helping me with my claims...I never revoked them but I just worked my claims my self and with help here on hadit almost 19 years ago...I too am a Nam vet  but so for I don't have any A.O. Conditions  if I do I don't know it.

I been placed in the VA  A.O. Regestry in 2000 ..but some other veterans say that's all B.S. ??... its suppose to help speed up a veterans A.O. Claim if /when he/she files a claim for it.

Buck.

thanks for the information, and I did revoke DAV's POA last year or late 2015. Besides lying to me, they intentionally screwed an appeal for the FOIA documents being requested. They were pissed and basically told the VA to remember that I revoked their POA and to end my reconsideration for increase. That's basically what they said, and you can see what you think. Within 2 days of me revoking their power over me, the VA had mailed my decision with "0" increase. Coincidence? No way.

DAV told the VA to screw me and they did. St. Louis VARO and DAV never seemed to get the records from the Intake Center in WI either. Coincidence?

i never had a skin condition until Vietnam, and it was their that the Army said I had it, then their hired or fee based dermatologist verified I still had it, and in 2014, or 15 I still was treated for it. The urticaria was never resolved and it is only a visual showing that internal damage is taking place anyway. 

I was a victim of a massive cover-up that lasted at least 30+ years, and by 1983, they knew and sent me a letter to be examined. You know how those registry exams go, especially when they are trying to build a case against it causing any issues. 

I never got a cause for the 708.9 because it is "unknown/unspecified". It wasn't VDRL(syphilis ot VD), or Malaria, or parasites, but it is presumed that if you set foot on their soil, you were exposed , even if you worked on a C-123 as late as 15 years later, you were exposed, but I was denied because to award C & P without a law suit would have set a president and opened the floodgates for claims. I was an actual documented case so the documents were hidden to keep it from being used in court. 

Maybe they expected "me" instead of NEHMER to file suit first and I should have, and would have if I thought I could get my records. I had been told they were lost, and the VA did not respond to my requests. It is an open and closed case, but I was just given a 21-4142 to sign to drag this out longer, and  I imagine it will still be months before it moves. The 4142 or 4142a gives them another year, in which I could die, and my family would be - you know- bent over. It is and has been a bad deal, with bad corrupt people in control. I will see what happens next, but they only consider their own interests. Four officers signed the permanent profile, and it was a skin disease, DAV did screw me over, and flexural atopic dermatitis is the same as atopic dermatitis, and it was conceded I was exposed, and it does do damage. Thanks Buck

Victor

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