$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

[Buck52]

5 hours ago, Victor Ray said:

''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''

Do you have all of this in writing?  telling you so over the phone is not evidence or by word of mouth , you should have orders and orders about what you just mention about the 4 officer's , morning reports  unit reports  ect,,ect,,  they can come back and say we don't know who told you this?  ect,,ect,, you need  confirmation in writing.  Letters or emails from anyone of those 4 officer's will be good...we never had emails back in 1971  so you would need to contact these officer's

As for as being exposed to A.O.  If you were boots on the ground in Vietnam  then yes you are considered to be exposed...some areas of Nam worse than others but the point is you were exposed to the Air in Vietnam. VA Uses the Presumption of a Condition caused /related to A.O.  OFF THE A.O. Presumption List.

your DD 214 Should have your Vietnam service on it and your CIB Ribbons Unit Awards ,Certifications ect,,,ect,, &  MOS and the location of your Vietnam unit you served with    this   DD-214 is a very Important document. 

About the only other Advise I can give you is contact someone like Alex Graham (Asknod)  or maybe an experienced VA Attorney  to help you with  this and your claim...I use to use the DAV but their a little on the lazy side and I ended up working my claim by myself  along with some great hadit members years ago.

We older Vietnam Veterans need to stick to gather  I am a 1969-71- Vietnam combat Veteran  as well As member Gastone 1968-69 I believe.

And broncovet too!

[Victor Ray]

Buck52.

many thanks to you, Broncovet, and all that listened to this broken record, lol.

I realize this is a very difficult case to help with, and I don’t think anyone can help except the courts, if it is possible to find an honest one. The VA knows exactly what they are doing and has known for 47 years. I’m convinced they have flagged names that pop up when requesting information, and we flagged individuals are directed to certain personnel when we do call. They have a successful system that has very few challengers, and no one they have to answer to so they will continue to do as they please. 

When the Department of Justice and FBI are corrupt at the very top, how does a piss ant fight back. The DVA have the evidence, the Liberal Rule, letters from siblings, current medical conditions, documented Line of Duty in Vietnam, the hospital records in Vietnam provided to them by the NARA Chief, and there is nothing more possible that could prove anything. Nothing is needed. It’s all been proven so it’s a wait and see how many reconsiderations, and how many completion dates they will keep pushing the date beck to. Time is on their side and will be here in 500 more years (probably), but I have days to a year, maybe two at best. 

They were sure I would be dead by now and rid them of any pain in the rear or liability, but I am here for my kids, grandkids, and because they have dishonored my word, and the truth. They are calling me a liar, and I will prove in court who the liar really is. I hate this and gave the government all my adult life to come clean and do the right thing, but those overseeing my case do not have it in them. If they don’t correct it this time, then the law will squeeze the truth out of them. I just hope to see it in my life. 

Please close this thread if you don’t mind. You have given all the advice anyone could possibly need and I appreciate all of it. I think because of the amount of retro benefits involved, and the exposure of more evidence in veterans favor of other unapproved contracted conditions in Vietnam Veterans, they balked, and again attempted to cover-it-up. Thanks Buck!

victor ray