New And Improved

[Stretch]

There is no way that the Sec. of VA, can legally put a hold on AO Blue-Water Vet claims. The VA has resorted to new tactics in this AO Blue-Water Veteran claims.

This is my most recent letter, from the VA for information, that is holding-up and stalling my claims.

This was a request, from my Congressman Boozman, for information from the CNO (Chief of Naval Operations FOIA). Both Ships histories were sent over a year ago.

These ships histories were scanned into FOIA Fayetteville over a year ago.

I have personally copied and sent these ships histories over a year ago via snail mail also.

I will re-fax these ships histories from my congressman's office Tuesday 1/2/07.

Remember, that Veterans are not allowed to submit redundant information within their claims, if it is to the Veterans benefit.

Did somebody ask why Veteran's need lawyers?

[Guest allan]

Vike,

does the VA compensate Navy or Airforce Veterans, who have obtained illnesses as a direct result of occupational exposure to enviromental hazzards?

[Vike17]

Sure they do. However, I have never personally helped with such a claim, I have just done a few AO exposure claims; cancers and diabetes ect...

Veterans seem to think that just because they were exposed to such materials they have a valid claim. They must keep in mind that just the exposure in and of itself is not compensable by VA, just the residuals from disabilities stemming from such exposure are compensable.

Claims being granted and denied are viewable at the BVA and the Courts website. I typed in asbestos exposure at the Court's website and came up with 170 hits with 31 documents. The first two were Ashford -v-Brown and Roebuck -v- Nicholson. They both were pretty interesting readings.

The VA will grant service-connection for disability residuals suffered from occupation and enviromental hazards incurred while in the military. In order for VA to do this, they need to have proof of the exposure while on active duty and ultimately a diagnosed disability with know association to that exposure ie. the nexus.

Vike 17

Edited January 3, 2007 by Vike17

[john999]

Ultimately, it is the Congress who wants to limit what constitutes exposure to AO. Remember it is all about money. If the current people in congress and the white house can tip toe awar from billions of dollars in future compensation for sick AO vets they will do it. If our elected leaders really wanted AO vets to be compensated they would be. They could call on more testing and they could shape the results to compensate us. There is no truth or honor in politics just "who gets what and how much" And "What have you done for me lately".

[Stretch]

Vike,

I thank you for responding, and I know of your sincerity. Just the time involved for response shows me of you earnestness. Evidence is so over-whelming that is hard to put together. I have built a web site for this purpose. If I break it down into sections, I will do better. Please understand my pain causes irritation. I don't mean it, nor am I aloof though been accused of it before. Without this spell checker you would not even be able to read what I am writing.

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Lung Diseases caused by:

Asbestos Exposure:

The ships that I was on are on this list. USS Saratoga 1969-1970, USS Ranger 1970-1971.

http://www.mesothelioma-navy.com/navyships.asp

• emphysema
  
• chronic bronchitis/asthma.
  
• Diagnosed.... Va with COPD..
  
• Chronic Breathing treatments in SMR (about 8 times usually at Sea).
  
• Yes, all 6 of us worked on the flight-deck and were in the same squadron (2 dead-1 cancer..2 almost dead..2 heart and vascular disease). These were only Six that I poled and I am trying to help them, before they die. This has been going on progressively worse since our late 40's. Only one of us could stand up for the fight.
  
• Diagnose by 3 doctors with COPD/asthma/can't remember the other could be Restrictive Airway Disease
  
• NEC (same as mos) shows Feb 1968...6630 , May 15 1969 through Dec. 1969...6630 and secondary 6691 (AT and Plane Captain NEC). Then after Nixon got was pardon, by President Ford, back to July 1969, to cover up SHAD and his involvement. My NEC was rolled back to April 1969 with 0000 secondary 0000. I have the original copy, of the whited-out NEC, with the bleed-through of the original numbers, that my Congressman found. Submitted. Also have the change order from the Sec. of Navy changing this NEC; the officer that did it; that he did it in Dec 1969. submitted.
  
  
  AO... Presumptive disease, does not disclaim other Respiratory disease related to AO.
  • Numerous pictures of the AO clouds, around the ship, that we lived in for about a year.
    
  • Pictures of me standing by the intake duct of the A-7, we had to crawl down to clean the chemicals out of.
    
  • A picture of the outside of the intake duct of the VA-113 A-7, from the inside out.
    
  • Info on Ranch Hand 1970-1971
    
  • SMR of several growths that were cut off of my hands.
    
  • SMR of ganglion growths on my wrist. Gone now. My daughter has them now. I showed her how to smash your hand up against the wall and break it.
    
  • Pictures of coast of VN
    
  • Diagnosed with the diseases of Chronic Emphysema/Chronic bronchitis/COPD/asthma...VA diagnosed 2 civilian Doctors diagnosis...Also diagnosed same AO registry.
    
  • Ships position (Longitude and Latitude) in the Gulf of Tonkin
    
  • Dates of being within the Gulf of Tonkin.
    
  • SMR Respiratory ailments treated. Frequent Tonsillitis, throat, 101 temps, and Octis Media treated.
    
  • Events, while in the Gulf (VSM and write-up evidence., etc.)
    
  • Accidents in the Gulf of Tonkin aboard ship with Pictures of VN in the background
    
  • No actual AO NEXUS as of yet. I do need a nexus here.
    
  • VA doctor says no diabetes. I said W/C says diabetes.. showed VA Doctor the diagnosis page. VA doctor says well, you are borderline diabetes. I hesitate to even add this to my claims at this time even though Presumptive.
    
    
    Project 112/SHAD This one will be held up at all cost (5000+ extra men). (Never had Blue-paper except for this one SHAD....Denials, SOC's, and SSOC's all white). I have only talked to one SHAD vet who had Blue. Nobody else knows what I am talking about. DoD, does a side step, DoD will not say NO to SHAD for a reason. Doris Lama (CNO-FOIA) told me, it shakes people up when you mention SHAD.
    • VA simply says that the DoD e-mailed them saying that these ships were not on the deployment link. If DoD, does not eat crow, this will cost Billions. If DoD does, eat crow, it is only going to cost them millions and humiliation. Congress knows that, this is not just going to go away.
      
    • Pictures of English corroboration on-board the USS Saratoga 8/69, they stayed for weeks. Nice pictures of British Phantoms with USS Saratoga actually painted on the sides of their A/C. submitted. Ships news paper showing the USS Saratoga British Phantoms with write-up. submitted
      
    • British Secret Docs (Now Declassified) of British involvement in this experiments at the time (Ports Down). Bet this upset somebody.
      
    • Was in the place of Vieques Island (Latitude and Longitude) in May 1969
      
    • Ships records of the location at the Place and time in Virgin Islands....Viques Island Puerto Rico during the test.
      
    • I witnessed with my own eyes the two Marine A4's which flew aboard with their tanks that they used on experiments. I touched the silver A-4 with my hands. Sure, I don't have an analysis of the actual chemicals, but it was a cheesy-white kind of material. Some of our squadron A/C had the cheesy-white material in the intake duct, that I had to clean out. For some reason this particular A/C became a cannibalized A/C (where they take parts off of it for other A/C).
      
    • Graphics description of the two A-4's that were aboard our ship May 1969 (Silver birds A-4's that I have never seen..Like sand-blasted) (Could be Deseret DTC 69-10) Our ship not listed, yet.
      
    • SMR....NSU (Chronic Non-Specific Urethritis 9 times after exposure starting early June 1969 through 1971)
      
    • Explanation that more than 300 men, were in the NSU line, after exposure. Many more men in line on other days 6/69
      
    • There was more than one event for these SHAD experiments. I became significantly ill at the time of exposure on one occasion. It is as if poisoned and not just me either. Smell like rotten apricots.
      
    • At least one man dead after exposure......Not recorded in ships logs....That I have sent proof of.
      
    • Urethral Scaring with Cyst removed diagnosed by Kaiser 1999 ...I think osteoscopy.. Doctor was confused he had never seen anything this.
      
    • Various cyst on right chest, back of left neck, and under right arm. remove by civilian and VA Doctors.
      
    • VA's own memorandum on the above conditions that I just happen to have.
      
    • Statement that DoD will not release my missing records, from July through Sept. 1969. This could be taken up soon, by congress (Thompson etc.) passed by Senate, so far.
      
    • Commends from ships Captain and also Squadron Commander. They should have of kissed us guinea pigs.
      
    • Plane Captain NEC Flight-Deck pay records from May 1969 on. Submitted after VA said there was no record of such. I kept them.
      
    • Plane-Captain school records. Aircraft equipment handling licenses (all) submitted. Tow Tractor, Generators, Huffer, trucks, and etc.
      
      
      Deviated Nasal Septum (0% SC-1986) Service assault, being push down a forty foot stair-way Corfu Greece.
      • SMR...Broken nose
        
      • SMR...Loss of 4 teeth, four other remove is service from the injury, and injuring 8 others. Dental SMR with Trauma, from the fall, submitted.
        
      • SMR...Broken swollen lip Service Dental records Dental Trauma
        
      • SMR...Unconscious
        
      • Unconscious off and on for about 2 weeks.
        
      • SMR poor rating for this month. I just wasn't all there.
        
      • Original civilian doctor, who did surgery 1975-Nasal, because of VA logjam IMO (2) 2004 (1) 2005 COPD/Asthma nasal septum related to service injury of falling 2004 injuring nose etc. exacerbating the three other conditions (COPD).
        
      • 5 buddy statements, who were there, stating that this injury occurred, Mike was never the same. Submitted 2003.
        
      • Statement of X-wife stating that I had black eyes and face upon returning from Viet Nam. Also not the same person anymore. Submitted 2003. Divorced after 4 years. PTSD
        
      • Service exit physical said that I am dentally qualified Type III Class I. (have no-idea) Rated dental in 1986? I have had VA dental since 1972, but don't remember a rating.
        
      • Pictures of before service and after showing injuries. [numerous)
        

      --------------------------------------------------------------

      Back Injury:

      [*]SMR show sickbay recorded fall trauma, and dental recorded fall trauma.

      [*]Buddy statements as to two injuries, nature, and relationship to me aboard ship in the squadron.

      [*]A pictorial history starting at about 14 years old, to current, show after-service scoliosis of more than 12 degrees after injury and not before service or within 1 year while in service. Is not Juvenile Scoliosis.

      [*]VA Neuro diagnosed Spinal stenosis with Lateral narrowing of disc L4-L5, L5-S1, budging disc.

      [*]Degenerative Lumbar diagnosed, by VA Neuro, happened years ago from an injury (taking meds now)

      [*]Some thoracic area (around 10-11) deformed from the scoliosis. Some Cervical deformed from the degeneration. Probably what causes the headaches and pain in shoulders. This was all diagnosed by VA neuro, confirmed by Xray,CAT, and MRI.

      [*]VA Denial 1986 of this Service Back injury VARO was sent to VARO Little Rock. (This did not go to CAVC) I didn't stand a chance, because I was mentally ill. No Lawyer back then and the VA could say anything they wanted without Vets Court....

      [*]1986 VA Denials said that I had trauma, from a accidental fall down stair-case (SMR), for nasal septum 0%, but that for the back claim, there was not indication anywhere within SMR that show an accident or fall. ?

      [*]Seen chiropractor from 1972 through 1995, letter from doctor submitted.

      [*]Saw VA doctor in early 1970's, he said that I was too young to have a back problem. They kept me baffled, because of my mental conditions.

      ----------------------------------------------------------------

      Mental:

      PTSD and Depression

      [*]Taking PTSD meds (Several to include Prozac and Quat. now)

      [*]Gaf 43 consistent for about 3 years

      [*]PTSD Licensed Social Worker diagnosis Gaf 43 more likely.

      [*]VA Psychiatrist gave med, diagnosis, and Gaf 43 also.

      [*]Went to Cognitive Behavior Classes Gaf 43.

      [*]PTSD classes series.

      [*]Set up for several that I don't even know what they are, classes. (Anger, pain maybe both)

      [*]Submitted Buddy statements notarized affidavit's with all the stuff, relationship in squadron etc.; report of behavior change after the fall; another assault in Vietnam, deaths, and etc.

      [*]Numerous info on death guys I saw. One should have been me.

      [*]Doctors scripts for depression (for several years Valium-couldn't take this fog stopped 1975). I live here, in pain.

      [*]VA statements saying I am a chronic drunk, sent numerous statements say no drink or drug since 1975. With the Exception of VA meds given now.

      [*]Treated for Depression all along the pass and constant treatment from 2001 to present

      [*]Psychologist letter explaining the depression -- Rule out PTSD

      [*]X-Wife statement......I just didn't like this one, but sent it anyway.

      [*]Many people from 1973 through present, letters of observations submitted.

      [*]Much more, but I dig further now. Lets go to hearing

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      Hearing and tinnitus:

      [*]VA audiology lab says 6 frequencies over 35 Db both ears.

      [*]Ringing in ears from noise of service aircraft both ears. I couldn't stand it in the 1970's, between this ringing and the Dreams I did attempt.

      [*]VA denial says Moderate hearing loss both ears.

      [*]I have repeated ear problems over the years treated with civilian docs. Kaiser

      [*]Statement of family about the problems involved with my hearing loss.

      [*]Proof of working with Jets, for 3 straight years, continuously launch and recovery.

      [*]The audiologist said I will see you next year.

      [*]VARO's denial was nothing like the read-out audiologist gave me.

      [*]Numerous Pictures of working around AC flight-deck and on land. Sitting on them, in them, and around them.

      There are other claims, but I can not remember the questions, that I am answering. PN is related to the borderline diabetes, till I get a real doctor. You know that I will be going for more IMO Nexus, very soon.

      Right now the file is about 50 pounds, and if the VA wants 100 pounds more, I will give it to them.

      I know that this is confusing for the VA. An attorney would help, as I am swimming even now. I should have been dead years ago, but my bone butt, 6'4" 160 pounds is going to fight the fight and live till I win. The one of us who is in the best condition has been 100% SC for years. I know what happened to him. It was terrible.

[Vike17]

From the looks of things in your last post, without reading any of the actual rating decisions, SOC's, SSOC's, and any BVA Remand, it appears you're missuing the nexus with your claims.

You said you have "emphysema, chronic bronchitis/asthma, COPD and possible Restrictive Airway Disease. For the most part all of these are seperate disabilities/condition, all of which has something to do with the lungs. What was the actual diagnoses of the " Chronic Breathing treatments" in your SMR's. Regardless if it was actually diagnosed while you were in the Navy or not, it looks like the nexus between all of your breathing problems/lung conditions and the exposure to asbestos is missing. The three doctors that have treated you need to write an IMO connecting the dots.

As far as your AO presumptive claims, you even stated that you don't have the nexus yet. Without having the nexus and the decision of Haas -v- Nicholson hanging in the balance, the VA has no choice but to render a denial.

Regarding the disabilities from exposure to any chemicals ect... from the SHAD/Project 112 experiments, it appears you have claimed Urethritis and some type of skin condition (cyst on neck, chest, and arm). Again it looks lke the nexus between the exposure and those conditions are missing. It would be interesting to read any SOC's and SSOC's regarding the 9 treatments of Urethritis and what was said about them. At any rate I would guess the over all nexus is missing.

Your service-connected septum at 0% would be rated I believe on the amount of "obstruction of the nasal passage." Did you claim the loss of teeth as being service-connected? Did you make a claim for residuals of the concussion. Maybe you suffered some type of chronic brain syndrome due to being knocked unconscious? Maybe that is the root of your mental problems! You'll need to see a Neurologist to see if this is the case! If I'm not mistaken, one can only be rated for asthma or COPD, not both. So claiming both of them would only result in the more severe of the tow be rated. Having said all of this, it still looks like the VA still needs a nexus between all of this. You only mention a doctor in 1975 that made some sort of connection between the deviated septum and COPD and asthma. Take a look a the SOC's and SSOC's for the exact answer.

In reference to your back injury, it seems unclear whether you had aninjury prior to the service, as you stated you provided VA a history since your were 14 of having a good back , but since service of having 12 degrees of curvature (I assume this was measured according to the 'Cobb' criteria) of the spine. However, then you mention of having thoracic problems at 10-11. I don't know if you mean this as happeneing at that age, or are you referencing this as degrees of curvature also???? At any rate, if the VA did miss the entry in your SMR's about the back injury, it still looks like you're still missing a nexus as to the post service treatments and the inservice back injury and will need an IMO. have that VA Neurologist make a determination as to the origins of your back injury. He did state it was from "years ago." Also, if you can locate that VA doctor from the early 1970's that stated you were too youngto be having back problems, he might be able to assist you.

Your PTSD and depression seems to also be missing the nexus to your service. Did you specifically claim PTSD. If so, was the VA able to verify your claimed stressor? Did the Social worker and VA shrink connect your current PTSD to your in-service stressor? You may need another shrink's assesment of your PTSD since one shrink ruled it out. You may be better off claiming Depression instead of PTSD. Then you would only have to show manifestation of depressive symptoms during active duty with continued treatment, instead of a verified stressor with an actual disagnosis of PTSD. Does this make sense? If you claimed PTSD then I would be willing to bet, if the VA verified your stressor, that the link between your curreent diagnosis and that stressor is missing. It's hard to tell though wothout looking at your C-file.

The hearing loss and Tinnitus appears also to be missing the link to your service. Va has acknowledged thatyou have moderate hearing loss, but there isn't anything linking it to your exposure to jet engine noises. All of the other stuff you stated is purely subjective to the VA. They need evidence from an Audiologist to award service-connection.

I hope this helps you in some way!

Vike 17

[Stretch]

I have printed out your questions, and will answer as soon as I can. Meanwhile am will be working on Nexus.