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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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9 hours ago, Buck52 said:

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

check this link out for Presumption under the Nehmer Rule

I wonder how this works when they manipulate every move for you, determining the outcome decades and decades before entered the service. This administration has written the rules and tested every one thousands of times in the past, and probably have a law someplace that can change any other law at any time for any reason. When the evidence is altered, or when it's manipulated, and when it's intentionally withheld, you are damned to their whims. You can only hope for an honest soul to do the right thing in spite of being hated for it, but they do exist. They will write your history and destiny the way they want, so I hope for vindication and correction, including my discharge from honorable to medical, because that is the way it should have been. Thanks Buck

PS. DAV resolved a 12 year old "CUE" in one week they proclaim. They had me for a year and a half and took from July 28 to the middle of November to get my claim filed into the system, and that only happened because I wrote the Missouri Veterans Commision. They bitched at me and told me not to ever call anyone but them again. They don't use the fax machine either because it creates another back up record they are responsible for. Paper through the mail is easily manipulated or lost if need be. You can file it, alter it, pick and choose which gets through, and what gets trashed. They wouldn't fax a few copies of a record for me even when I told them an employee was waiting at St. Louis for it. No, we'll tak care of it, they said. 

victor

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This sounds like this goes way beyond what DAV can do, so I agree with Buck.  "In anticipation of litigation" is kind of a red flag...what did they do to you that they would "anticipate" you sue them??  That is the question you need to answer.  

Have you sought an attorney on this?  Remember, VA benefits attorneys often accept cases on a "contingency" bases, if the attorney beleives you are due retro from VA.  

Importantly, if you win at the CAVC level, you can almost always get your attorney fees paid by EAJA.  

Get a NOVA attorney..a list is here:

https://vetadvocates.org/welcome/find-an-attorney/

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Like yourself, many of us here have formely used a VSO such as DAV, and I personally hired an attorney.  My attorney charges 20 percent of the retro, BUT, she has already won 6000 in attorney fees from EAJA, so I wont be paying any attorney fees unless she gets retro MORE than 30,000 dollars.  My attorney's name is Julie Glover, from GloverLuck in Dallas Texas.  

She will likely review your case for free and decide if she wants to represent you.  Attorneys often turn down Veterans from representation, sometimes because your case does not fit their expertise.  

If you are a Nehmer Vet, then NVLSP may well represent you gratis, because NVLSP won a "class action" against VA.  

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Broncovet,

i was medivaced out of Vietnam with a skin disease, spending a month as an inpatient at 5 different hospitals for conditions caused by an unknown source. We know now what it more likely than not was Agent Orange. I was just caught in the cover up that had been going on for well over a decade. I was denied because I said my conditions were due to herbicide exposure, that's it. The Denial happened because of SOP notes of 01/11/1983, Defer all Service Conncted claims before the evidence even left St. Louis. Actually the day before. Then denied again in another letter about 2 weeks later.

Me or the VFW never received any records or response. I wasn't surprised that much because I was told while still on duty they had been lost. I did exactly what they knew I would do, what most of us would do, and what most of us did do, and that was forget it or self destruct or both. When the U.S. Army tells you your documents from the other side of the earth were lost intransit fro Vietnam, you believe them when you are 19 and 20. I believed them. I thought that's why the doctors here couldn't understand how bad I was because they didn't have any documentation to go by, no history of my illness to help them understand. 

Was I suppose to assume they were lying about my records? The US Army hiding records? No way. They would put someone in the Brig before allowing anyone to mess with records right? Right??? I believed they lost my records, but I still knew Agent Orange was the problem.

Looking back, there is no doubt what happened. I asked about this just wondering if anyone else had ever dealt with FOIA REFUSALS. I'll see what happens in the near future, and if I believe they have made it right, like was promised. They have the authority to do anything they want, so I will see what they do, and may be pleased, I'm hoping.

victor

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