Expedited Claims without cause?

[Victor Ray]

DAV told me there is no expediting claims anymore even for Vietnam Vets. Only terminally ill vets, homeless, or going to be homeless are expedited, so it took DAV 5 months to get my claim into the system because they trashed it the first time because they are a corrupt organization.

Mr. Edwards in St. Louis for DAV got Mr Stephen Kelly his 12 years of retro pay in one week without even filing a claim, the way I read it. Dan Knabe For DAV got Mike Franko’s claim “Expedited” after he had been denied once already, also got him service Connected, got his retro pay, and got him a job with DAV as well. There was no mention of homelessness, or illness besides ptsd and knee injury. 

Mr Kelly was just before me and Mr Franks was just after me and none of us fit the requirements except Mr Kelly and myself were Vietnam vets, and Mr. Kelly and Franko were Gulf War Vets, as best as I remember. I was permanently damaged by something affecting my entire internal body and skin(AO), and records hidden all my life. Edwards and Knabe got their clients records, scoured through them, and completed and closed the claim in one week. 

The VA is still withholding my records, I have used a VSO (now VFW) for the last four years, and still waiting. VFW told me it would be at least 3 or 4 years before the BVA gets to mine. Minimum 3 to 4 years, and I probably won’t even exist by then. 

This sounds like picking and choosing who is expedited, which is nepotism or being prejudiced against my claim. I filed in 1983 because the Army lied about my records in 1972 or I would have filed then. Total manipulation to keep me from Justice per Exemption 5 of FOIA. Any recourse? Is a malpractice suit the only recourse, unless they make it right with this last attempt? Thank you!

victor ray

[vetquest]

Sir,

I believe that peripheral neuropathy is also indicated with Dixon exposure.  Is there anyone who is sure about this?

Jeff

[Gastone]

The VA AO Presumptive list Peripheral Neuropathy has changed from Acute to Chronic about 2 or 3 years ago. The only problem for most vets thinking about filing a Claim is that the New Chronic criteria still requires the same Acute evidence criteria. The  Vet's PN symptoms had to present to a Ratable degree of 10% SC,  within the 1st 12 months after leaving the AO Exposure area or separation from Service.

An AO Vet's other recourse is to file the "Idiopathic" PN Claim on a Direct SC Basis rather than as an AO Presumptive. After the Vet has had the current  IPN DX Testing, ruling out all current "Medically accepted possible IPN Nexus," a direct Exposure to AO or other Dioxin could get the Vet to the "As Likely as Not" Jump Ball: Vet gets the Award decision.

As I recall, there are a couple AO PN BVA Remand Awards in 14 or 15, that was the direct result of an AP Presumptive Denial being reversed by Evidence supporting the "Direct" AO Nexus.

[vetquest]

I am sorry to hear about your situation.  I do not know why some cases are expedited and some are not.  I had my case trashed by the DAV in 1986, it took ten years for everyting to get corrected.  It is important to find a VSO that is willing to work for you and is not filling his time.  At this point I might ask you whether you have attempted to contact a lawyer who specializes in VA law.  I do not believe you can file a malpractice suit against a VSO.

I had two BVA appeals and each took ten years.  I hope that yours is cleaned up sooner.

[Victor Ray]

26 minutes ago, vetquest said:

I am sorry to hear about your situation.  I do not know why some cases are expedited and some are not.  I had my case trashed by the DAV in 1986, it took ten years for everyting to get corrected.  It is important to find a VSO that is willing to work for you and is not filling his time.  At this point I might ask you whether you have attempted to contact a lawyer who specializes in VA law.  I do not believe you can file a malpractice suit against a VSO.

I had two BVA appeals and each took ten years.  I hope that yours is cleaned up sooner.

Vetquest.

i didn’t explain my self very well, but I didn’t mean sue the VSO( all I wish I could), I meant sue the VA for malpractice in order to view my records. I have been denied access to them since Vietnam, and spent a month hospitalized in Vietnam and Japan with this skin disease, erratic heart rate, bone pain, abdominal pain, which developed into Migraines and coma. The coma came just a few months after being discharged, and I never did stabilize on duty. I think I had a stroke too, and the records are hiding peripheral neuropathy, Chloracne, and I am almost positive Al Amyloidosis.

I filed in 1983 because of the skin issues, not even realizing the chest pains or anything else was In anyway was related to Dioxin. The VA never did not respond to the VFW’s request for my records, and I have filed 20-30 FOIAs over the years. 2 years ago, I got some of the records finally. It shows being medivac’d to Japan for more testing after 21 days already in the hospital in Vietnam. They said I was number 5 with this condition, but had no clue what caused it, and could not treat it. 

My real problem has been getting any medical records. Seven months immediately following my return are withheld, and they told me they would not release them because they fall under the “Deliberative Process Privilege “. 

I wont be here in 10 years. The VA manipulated my access to evidence. That alone should be a crime. My esophagus malfunction may be related to my swallowing problems I had on duty, or heart problems related to improper treatment of Group A Streptococcus with Pharyngitis never getting antibiotics and having it for months, or the unidentifiable organism in my lungs may be related to the COPD ISSUES now. It’s hard to file properly when they won’t treat you, or let you see the records where you were treated. The VA didn’t service connect me in 1983 intentionally so records would not be created and kept as evidence by civilian providers. That’s a very dirty shameless act by the VA, and I hope they redeem themselves. Thanks for your information and input vetquest. I really appreciate it.

victor Ray

[Victor Ray]

2 hours ago, Gastone said:

The VA AO Presumptive list Peripheral Neuropathy has changed from Acute to Chronic about 2 or 3 years ago. The only problem for most vets thinking about filing a Claim is that the New Chronic criteria still requires the same Acute evidence criteria. The  Vet's PN symptoms had to present to a Ratable degree of 10% SC,  within the 1st 12 months after leaving the AO Exposure area or separation from Service.

An AO Vet's other recourse is to file the "Idiopathic" PN Claim on a Direct SC Basis rather than as an AO Presumptive. After the Vet has had the current  IPN DX Testing, ruling out all current "Medically accepted possible IPN Nexus," a direct Exposure to AO or other Dioxin could get the Vet to the "As Likely as Not" Jump Ball: Vet gets the Award decision.

As I recall, there are a couple AO PN BVA Remand Awards in 14 or 15, that was the direct result of an AP Presumptive Denial being reversed by Evidence supporting the "Direct" AO Nexus.

Gastone.

i should be directly service Connected. I complained while  on duty and some months after being medivac’d out of Vietnam. The VA refuses to release the records for the immediate seven months after my return. They would call it something else though and not PN. They called the Chloracne around my eyes and neck a “papular rash”, the swollen limbs and large wheals and extreme pruritus was a skin disease, and chronic Upper Respiratory Infections was systemic and undetermined organism. I had Group A Streptococcus for months, swallowing problems, and every symptom of connective tissue disease, which may have affected my lungs. 

This is all documented while on duty, but I have been put off all my life, only getting some treatment records two years ago. They are withholding the results from Japan and seven months after my return. Well, I will see what they do now, and go from there. thank you all.

I am editing this because I forgot to add, that I am still treated for PN, as well as degenerative disk disease, stenosis. They was considering testosterone therapy, but the cardiologist said no, because The heart couldn’t handle it. I am 100% blocked in my left carotid artery, and have been maybe since the Army days. The migraines began after several months back from Vietnam and led to comaright after discharge. I was a genuine example I guess. In Japan, they said I was number 5 to have this condition and we were all sent back to the states, but don’t know of each other’s identity. They are looking at this again, so they may make it right, but I don’t know. Thanks Gastone and all.

victor Ray

Edited April 14, 2018 by Victor Ray
Added information

[Gastone]

Do you have the Private or VA PN Clinician Notes discussing ongoing Symptoms and treatment for the period immediately after discharge to present? You do have a VMC DX of Bi-lateral PN, correct?

Those conditions you address above, have you seen any of them in any Medical Literature directly related to any form of Chronic Idiopathic Peripheral Neuropathy? When was your 1st EMG and PN Associated Bloodwork performed, Private or VA? How were the Test Results interpreted by the VA or Private Board Certified Neurologist? Any DX opinion as to possible Nexus?