$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]

I will take your advice too Buck.

I feel I am limbo, and they are holding me there, intentionally and maliciously, and someone ought to go to jail here. I read about a vet ever now and then getting greedy and creating a scam to get over on the government and getting jail time for it, but the people at the VA are untouchable. They screwed my life over, and it’s almost a miracle I am still alive. I hate to sound like a baby, whining, but the DNA got screwed up, and it’s being buried and forgotten. 

If they can hide the facts in my case, it is 100 times easier to hide my kids issues, or grand kids. One granddaughter has Hip dysplacia and the other a heart issue, and they will lie and cheat any vulnerable vet or dependents they can. 

The Army initially hid my records because I’m Sure the dioxide levels showed what they feared so the cover up was priority and the secret maintained for over 30 years. They have my entitlement history dated in 1994,  and called me in 2014 to tell me they were awarding an increase in this and an increase in that, but I had never received one cent, ever. Someone using my name did though it appears. I think it was a rater in St Louis that is scamming the system. They had all the right ID info on me,  but the money went to someone else, but that’s a different story.

the point is that it’s so corrupt they themselves don’t even know what they do. I have the documentation showing the complaints, treatments, and diagnosis in the service records, but they say they are not there. I’m gonna write the OIG and let them know of fraud and abuse of power in their VA. Thanks Buck

victor ray

[Buck52]

I am not that failure with ''Shred -Gate '' back when the VA was destroying medical records...but I had heard here on hadit that some veterans records were shredded and destroyed.

Now I don't know what recourse a veteran has  to prove such an ordeal as that  if any?

but if you can't find your records  its the VA Duty to Assist to find them to adjuicate your claim   that is in part of the'' Due Process''

you have a DD 214  & Honorable Discharge...that's your prof for your military service and you should have some military records some where!!!

30 years is way to long for them to keep denying your claim based on no records..they should take your lay statement and the private medical records you do have  and opinion and diagnose from private Dr's.

   if a Dr can give you a rational of your military service condition as stating his/her opinion

  ''Its Likey as Not this Veterans condition /condition's is related to his military service, from what this Veteran state he did while in the military.  or something close to this.

[Buck52]

Also Victor Ray

you might go back and recheck some of the records that you had to help you with your 70%..reread those records  carefully you might find something in them to help connect what you need.

Have you got your C-FILE Recently?

[Victor Ray]

Buck.

They say I have all that they have, and sent them to me on a CD. BUT! They also withheld all of them from the first request on Feb 4, 1972 to spring of 2016/17. I filed over 20 FOIA’s in that period, and hand wrote many as well. I know they are lying, but it will take an attorney I guess, and hope he is not in their pocket, and sell me out like most of them do. The lawyer pockets a pay off and tells you, that you should take this deal or lose it all. So convenient and quick for him.

Since Dec 16 2015 I have received at least 2 letters saying they are withholding all information that if disclosed would fall under the Deliberative Process Privilege per FOIA Exemption 5, 

[5 U.S.C. §552 (b)(5)]         From: General Counsel (024)

Again on August 14, 2017  Exemption 5 [ 5 U.S.C. § 552 (b)(5)]

then on January 3, 2018 : In our previous correspondence dated August 14 2017, we incorrectly cited that we were withholding information that if disclosed would fall under FOIA Exemption 

5 [ 5 U.S.C. (b)(2) ].   Notice the (2) instead of (5).  They go on to say they gave me the CD and consider this appeal closed.

I don’t want to keep bugging you Buck, because it has to be seen by the right person, which is probably a lawyer. I just can’t get it in my head that they are such crooks, liars, and thieves. No wonder our country nearly fell under obama. Pure corruption from the president down through the VA. Pathetic.

thanks for the help though, it is greatly appreciated. I’m gonna send some paper letters off to our president, sec of VA, board of veterans appeals, right on down the line. Have a good day!

victor ray

 

[Buck52]

Roger that  Victor Ray

A lot of us have been through what your going though  but maybe not as long. its hell when they hold records or won't release them.. here is another way to help your claim  if you have not tried it?

Here are some examples of evidence that you may use to supplement or substitute your service treatment records:

Statements from service medical personnel.

Certified “buddy” statements or affidavits.

Accident and police reports.

Employment-related examination reports.

Letters written during service.

Photographs taken during service.

Pharmacy prescription records.

Insurance-related examination reports.

Medical evidence from civilian/private hospitals, clinics, and physicians that treated you during service or shortly after separation.

We will accept photocopies of any service treatment records that you may have in your possession. 

[Victor Ray]

Buck.

Thanks again, and yes, I have done most of this, but the hospitals and doctors only keep records from 5 to 10 years. I believe the documentation the VA is hiding concerns thousands and thousands of other vets, and they will do anything to keep it from the public. I had way too many issues and way too much evidence for this to be ignored and denied this long. They gave  No acknowledgement at all until 2015, and in 2017 I got enough hospital records to the prove Direct Service Connection that they denied and still do deny.

It isn’t about my disabilities in my opinion. I think it is about thousands of others having the same conditions or similar enough to guarantee a common problem with all Vietnam vets, and their offspring, and I believe the runaround I’ve received from the VA and DAV is extraordinarily weird.

I have 100% proof of Permanent defects acquired and beginning in Vietnam, Four medical officers signing the DA 3349 making me non deplorable to most of the world, the records of continuous deterioration except those being withheld, proof of a tropical disease, the concession that I was exposed to Agent Orange by the VA’s own disability board, proof of current disabilities now that began in Vietnam or while still on active duty. They have it all. All that they need, and told me so. 

It is just more runaround to drag it all out, intentionally delaying completion and save the interest that should be given to us. If they were hit with some heavy heavy damage awards, they would not drag these out for decades. Since I first tried to get my records I have had children, grand children and one great grandchild, cause it’s been 47 years on February 4th, and still getting screwed. They should have to explain to the world how this evidence has not qualified me for medical care ever since discharge in 1972 or medical evacuation from Vietnam in June 1971. Its a very dirty thing, and sends my blood pressure up everytime I talk about it. Thanks Buck. Take care!

victor ray