$35 million VA Lawsuit against the VA

[Victor Ray]

A local Kansas City man is suing the VA for $35 million in a malpractice suit, in my words basically, he was treated for 10 years of being misdiagnosed for a mental condition that he didn’t actually have, and it cost him his pilots career. Anyone can google it for accurate details. 

I made medical treatment record requests while on active duty months before my discharge, but were told they were all lost in transit from Vietnam, when I was medivac’d out. What I did receive at discharge was Form DA 3349 showing P-3 permanent profile for permanent defects under “physical capacity and stamina”. I had what we call now, Chloracne, Porphyria Cutanea Tarda, Upper Respiratory Infections with undetermined organisms, Group A Streptococcus, vision problems with eye aches, Migraine Headaches, abnormal Liver and kidney issues with urinating blood, uncontrolled pruritus, insomnia, urticaria, rashes, unexplained fevers, heart palpatations, abdominal pain and cramps, severe bone pain, and on and on.

I was stuck thousands of times by mosquitos, ate or almost ate some nasty uncooked/undercooked fish, besides drinking nasty water. I probably had Liver Flukes, Filariasis, or Malaria or all of them because I was in a coma most of a week a few months after discharge, and I never recovered from RVN Service.

My treatment records NEVER WERE LOST, but they were withheld for 45 years, and 6/7 months still are, plus all of them from Japan, about 4 days of test results. The VA has withheld the missing documents and medical board proceedings per FOIA EXEMPTION 5 for a year or two, but now say they mistakenly  spoke when said they were withholding them in the two or three reply’s from FOIA Requests. I still have not received the records I have requested, such as pay records, morning reports, and I am at the point that I actually may need an attorney. I am being reconsidered now, but I was deceived and had no evidence for a disability claim before I was discharged. Being naive and 21, and never doubting the integrity and honesty of the Army or VA, I couldn’t see how I would ever get a disability claim approved. I barely had proof that I was even in Vietnam, but now have proof of a 28 day straight stay in the infectious disease wards. SHOULD I TRUST THE VA TO MAKE THIS RIGHT, OR DO I CONTACT THE ATTORNEY HANDLING THE $35 Million dollar suit? Sorry for being long winded, but a little history makes it clearer. It’s going on four years with Line of Duty, and 100% Direct Service Evidence, but only recently given 70%, but  denied 100% Service Connection that was due in June 1971.Thanks again. 

Victor Ray

[Victor Ray]

Berta.

i’m sure the FOIA are good things when they work. I’ve sent about 20-30 and a year or two, I finally got some medical records, enough to prove my case, but the raters or those gathering the information hid it from them, but they say there is no record of it and it didn’t occur in the service, but I have the proof in my hand. How can a rater do that, just flat out lie? How can they get away with that, and why would they even try, if they have the proof in their hands. Did my assistant destroy my evidence? Did the lady assisting me for the VA hide the evidence? It’s St. Louis, so .

thanks Berta, I will see what happens this week, before I do anything, even a FOIA Request.

[Buck52]

VictoryRay

Try calling Ft Knox Ky for more of your records they may have some of yours?

they keep older military records that have been stored at a VAMC for  years.

My reason for telling you this I contacted NRPC in St Louis about 5 years ago or so.....I was trying to find some of my STR's Service Records from the RVN from 1969...After trying everything under the sun to locate my records  any and all records was my request.

I had used another VAMC after I was discharged other than the one I use now,where I use to live , and my now present VAMC I was checking  my records from them and  in a D'rs report  they mention I was diagnose for depression From my older VAMC   20 25 YEARS LATER..OK since this Dr read a medical report from my old VAMC.

  I contacted them they didn't have any records only a few  but not all of them , the Records Manager mention that  after 7 years of non VA Medical care at this VAMC,  they send off my records to an undisclosed locations for record retirement/storage, she din't know where?

I called the clerk back at NRPC in St Louis...he told me to contact Ft Knox  Ky and ask for Records management center..I called the RMC in Ft Knox and ask them if I had any and all records on me  STR'S or any of my military records at all no matter what records you may have on me I would like copy's of every record you have.

We'll unfortunate for me after giving him my SS# Which is also my service # through out my military Active Service...he type it in the computer and nothing came back...so I was out of luck ..but you might try calling them!

  obvious  Knox Is where they store older veterans records...if your in the system and they have some of your records   they will get you copies.

I was not lucky on that chase but maybe you will be?

 

[Victor Ray]

Berta,

I see my reconsideration just got put back to March-May 2018. I have been lied to for the last three years I guess, and am still the dumb naive trusting fool I was in 1971. Maybe this will finally get through to my thick skull, that the VA is here to screw the militaries survivors. I'm going to write some folks while the VA starts the gathering of evidence all over again for the 6th or 7th time, and I wondered why some VSO's say there is no "reconsidersation", lol. They are right. It's just a myth, used to delay any claim payments and I did not think the VA was that dirty, but they are indeed the lowest. Scandal after scandal, fear and intimidation. They are the scumbags I have hadit with. 

Thanks for everything

Victor Ray

[Victor Ray]

9 hours ago, Buck52 said:

VictoryRay

Try calling Ft Knox Ky for more of your records they may have some of yours?

they keep older military records that have been stored at a VAMC for  years.

My reason for telling you this I contacted NRPC in St Louis about 5 years ago or so.....I was trying to find some of my STR's Service Records from the RVN from 1969...After trying everything under the sun to locate my records  any and all records was my request.

I had used another VAMC after I was discharged other than the one I use now,where I use to live , and my now present VAMC I was checking  my records from them and  in a D'rs report  they mention I was diagnose for depression From my older VAMC   20 25 YEARS LATER..OK since this Dr read a medical report from my old VAMC.

  I contacted them they didn't have any records only a few  but not all of them , the Records Manager mention that  after 7 years of non VA Medical care at this VAMC,  they send off my records to an undisclosed locations for record retirement/storage, she din't know where?

I called the clerk back at NRPC in St Louis...he told me to contact Ft Knox  Ky and ask for Records management center..I called the RMC in Ft Knox and ask them if I had any and all records on me  STR'S or any of my military records at all no matter what records you may have on me I would like copy's of every record you have.

We'll unfortunate for me after giving him my SS# Which is also my service # through out my military Active Service...he type it in the computer and nothing came back...so I was out of luck ..but you might try calling them!

  obvious  Knox Is where they store older veterans records...if your in the system and they have some of your records   they will get you copies.

I was not lucky on that chase but maybe you will be?

 

Thank you Buck.

I will try to get in contact with them Monday, and hope for a little luck myself. Yesterday I was at preparation for decision and had been setting there for a month or something like that. I had been checking daily as I was told to do by the lady assisting me, and she told me they had everything they needed and was just waiting for a rater to rate it. Today, I went back to “gathering of evidence “ and new completion or suspense date of March to the end of May. The old date was January 15 to February 10. Everytime I get to the decision time, it goes back to the beginning. 

This is about the 4th or 5th reconsideration and I don’t think there is such a thing as reconsideration. I think it is a VA term that’s made up in order to drag out any completion and hope the vet dies before completion. They are all liars, deceitful, manipulative, and hid my records all of my adult life, and I don’t believe a word they say, none of them, not one, even Secretary Shulkin. I wouldn’t believe any of them even if they were in my face.

the secretary of the Army in 1971 was a liar and a cheat as well and can go to he*l for all I care. HADIT is exactly how I feel about the slime in the swamp, and I hope they get what they deserve, right up the wazoo. I’m sick of the disgusting slime heading the VA, the VBA, the Board of Appeals, and all the crooks that feed them. They are all cheats and lying POS. 

Thanks for everything and kick the gutless shameless pukes in the teeth for me. They are no good.

victor ray

[Buck52]

Roger that victor

I see your rated 70%,  so they have some records on you, if you been denied on this claim what was their reason and bases for the denial?

(you might have already put that in your post?) I'll go back and read.

 

Well hopefully this time they do something but we can't count on it

 if they keep giving you the run around  request they RTC (Rate the claim)

if its not in remand and they have everything they need to rate , then  they should rate and not leave you in limbo.(unfortunately that's the VA favorite thing)

Sometimes  a request to your congressman will help...I never had to go that far  but some veterans here on hadit was successful , you might try calling the the White House hotline...I am not sure of the number  but its here on hadit  some where. Unless you have  called  these yahoos already?

I finally got my record's I needed from NRPC  St Louis from a  Records Manager Clerk ,actually what I needed was in my C-File  and it was on a C.D.  Made it so much easier to read and find things on the C.D.

I hope you get your decision soon.

It's one of the hardest things to do in life is wait on the VA .

  Just Hang There.

Edited January 27, 2018 by Buck52

[Victor Ray]

Buck.

yes, now at 70%, 50-PTSD, 30-CAD. 50+30=70%.

IU—-Remains denied because the evidence does not show that you are unable to secure or follow a substantially gainful occupation as a result of service connected disabilities. I have been totally disabled due to Stroke w/cerebral infarction, 100% blocked anterior carotid artery, calcium score over 1000, atherosclerosis, claudication in legs, broken coccyx, fibromyalgia, arthritis to name a few since 2009.

Blood Disease-Denied since this condition neither occurred in nor was caused by service. Your service treatment records do not contain complaints, treatment, or diagnosis for this condition. The evidence does not show a current diagnosed disability. I was hospitalized a month in Vietnam, Japan, USA  infectious disease wards. Six  months after my return I was rehospitalized with an Upper Respiratory Infection that was acutely, diffuse, with undetermined organism. At Discharge-Lungs/Respiratory was marked as ongoing illness with chronic cough and wheezing. I take Plavix as a blood thinner/anto-coagulation medication. P-3 profile on DA3349 including blood disease.

Migraine Headaches—claim for service connection is considered reopened. However, the evidence continues to show this condition was not incurred in or aggravated by military service. In June 1971 I was sent “Home Awaiting Orders”, then ordered back to Duty. The medical board proceedings and all medical records of inpatient, outpatient, lab work, X-rays, dr’s reports of any kind disappeared until January 10, 1972, when I was rehospitalized. DoD or VA removed that period of about 6/7 months because of evidence of stroke, migraine headache, malaria, or high Dioxin levels. I had Chloracne and Porphyria Cutanea Tarda, and Peripheral Neropathy among others. They word it in a way that the actual coded medical term is avoided. 

Prostate pain-SC is denied because prostate pain is not considered a disabling condition. This was obviously a female rater, because the closest pain imaginable is trying to work while she is giving birth to breeched baby, but the birthing is not as bad. I was 20 years old, not 90.

Atelectasis, chronic causing respiratory/COPD lingual remains and bilateral lower lobe opacity—-Denied since this condition neither occurred in nor was caused by service. Your service treatment records do not contain complaints, treatment, or diagnosis for this condition. As I stated above, I was hospitalized for a systemic Upper Respiratory Infection, and little over a month later ordered to stay in quarters after testing positive for Group A Streptococcus with Pharyngitis and was discharged a few months later while still ill with it. Carrying that Group A for 2-4 weeks it becomes rheumatic and I have rheumatoid arthritis.The bones ache.

Ive developed benign and malignant cancers, sun light sensitivity, really really thin alligator skin, 24 abdominal tumors so far, enlarged prostate, another stroke in right basal ganglia, and a brain hypodensity(dead white brain matter) 13x5mm, fatty liver, on and on.