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

[broncovet]

My suggestion is you use the "teenager" method on VA.  (If you ask mom and she says no, ask Dad.  If you ask mom and dad, and they both say no, ask grandpa.  If all these say no, bring out the big guns and ask great grandma.)  The teenager method simply means you keep asking different employees until you find a sympathetic one who will help you.  

Always remember the VA is "not" a unified body.  Just because one person told you that you can not (advance on the docket), that does not mean another wont put it through.  Also keep in mind that you can not always trust what VSO's or VA employees tell you.  

Persistentce is always the thing that wins eventually.  You implied maybe you dont have that much time.  

Then use your computer, and your phone to call, email or write to anyone who will listen, especially the white house hotline.  

[Gastone]

Lawyer UP!

[Victor Ray]

10 hours ago, broncovet said:

My suggestion is you use the "teenager" method on VA.  (If you ask mom and she says no, ask Dad.  If you ask mom and dad, and they both say no, ask grandpa.  If all these say no, bring out the big guns and ask great grandma.)  The teenager method simply means you keep asking different employees until you find a sympathetic one who will help you.  

Always remember the VA is "not" a unified body.  Just because one person told you that you can not (advance on the docket), that does not mean another wont put it through.  Also keep in mind that you can not always trust what VSO's or VA employees tell you.  

Persistentce is always the thing that wins eventually.  You implied maybe you dont have that much time.  

Then use your computer, and your phone to call, email or write to anyone who will listen, especially the white house hotline.  

Broncovet.

Excellent advice. I tried, but not hard enough. I haven’t gone to the media, which I didn’t want to do, but depending on this last outcome, I may. They might just surprise me too, and make it right, but I don’t have hopes of that happening. I only tried the hotline once, and I don’t think the young man knew the VA was a part of our government. I will try again. Thank you Broncovet!

victor ray

[Navy04]

VR, Im sorry for all the health issues and bad experiences you have had all these years. I have actually had more success helping Vietnam Vets more then current war vets. I understand you say that the Govt lost your records. I myself have SC conditions from OIF/OEF that were not documented officially but I found the Doc and Medics that treated me over there to supply certified letters. Also in the first few years since your exit from Active Duty you have no physical evidence like MRIs, Cat Scans, X Rays, Etc. The VA can not challenge a Vet when there is Hardcore Physical Evidence placed in front of them. Now when a Vet states, I think this, I believe this, that will not work in the VA or SSDI people. I have been down that road with a few Vets as well. Many a Vets have had their records lost, such as in the St Louis Fire, but either had Private Medical notes, Treatment, or copies of their own Military Record. A good friend of mine died recently. He was a Korean and Vietnam Vet with Agent orange, Heart, COPD and Diabetic Issues and with other stuff. His records too were lost, but we contacted some old war buddies, which was very hard as most were deceased, and he also had active duty treatment notes, along with civilian Dr tests done shortly after discharge. With that alone we won the case and Retro back to 1968. Appeals do take years for most Vets, I currently am helping two Vets that have been on appeal since 2010-2011. Most definitely take 4-5 years minimum. As you stated only way to speed it up, if you are terminally ill or risk of homelessness. Thats just how it works for all the Vets, SSDI is the same as well. I hope that you can find some medical evidence from back then, or some body who is still living to provide a Lay statement. I truly wish you the best. God Bless and keep us posted.

[Victor Ray]

22 minutes ago, Navy04 said:

VR, Im sorry for all the health issues and bad experiences you have had all these years. I have actually had more success helping Vietnam Vets more then current war vets. I understand you say that the Govt lost your records. I myself have SC conditions from OIF/OEF that were not documented officially but I found the Doc and Medics that treated me over there to supply certified letters. Also in the first few years since your exit from Active Duty you have no physical evidence like MRIs, Cat Scans, X Rays, Etc. The VA can not challenge a Vet when there is Hardcore Physical Evidence placed in front of them. Now when a Vet states, I think this, I believe this, that will not work in the VA or SSDI people. I have been down that road with a few Vets as well. Many a Vets have had their records lost, such as in the St Louis Fire, but either had Private Medical notes, Treatment, or copies of their own Military Record. A good friend of mine died recently. He was a Korean and Vietnam Vet with Agent orange, Heart, COPD and Diabetic Issues and with other stuff. His records too were lost, but we contacted some old war buddies, which was very hard as most were deceased, and he also had active duty treatment notes, along with civilian Dr tests done shortly after discharge. With that alone we won the case and Retro back to 1968. Appeals do take years for most Vets, I currently am helping two Vets that have been on appeal since 2010-2011. Most definitely take 4-5 years minimum. As you stated only way to speed it up, if you are terminally ill or risk of homelessness. Thats just how it works for all the Vets, SSDI is the same as well. I hope that you can find some medical evidence from back then, or some body who is still living to provide a Lay statement. I truly wish you the best. God Bless and keep us posted.

Navy04.

Thank you for your reply, and let me explain a little better than I have previously. My records WERE NOT LOST. I was told they were when I tried to get them because I wanted to file some claims, if I could, before discharge. I posted the request letter. I got no medical records at discharge. I had no records at the second medical board, no PEBLO, no legal assistance, and no notice of it going to take place. I don’t need buddy statements to prove anything because I have medical treatment records from a month being hospitalized in Vietnam and Japan. It not a matter of having the proof, except for a few things, but it is a matter of the right person seeing any of the evidence.

it has been suggested twice that it is the VSR that prepares your evidence to be seen that is possibly the problem. The evidence may not get to the team it is supposed to for a proper rating. If the rater never sees the documentation, it means absolutely nothing is rated. If for some reason the VSR doesn’t like what you have said, or you personally, they trash your evidence, lose it or some of it, hide it or what ever, but it is not used.

I have some treatment records from Vietnam, but none for the treatment for the immediate six months after my return, or the tests results from Japan. I continuously deteriorated all the time on duty, but many records are missing. I have the P-3 profile issued in Vietnam for permanent defects in my “physical capacity and stamina “, but even that was ignored in 1983, when I first filed. Again, the VA ignored our (VFW and me) requests for medical records, and I was denied service connection in less than 90 days even with the Permanent DA3349 Profile. 

I think there may be an investigation coming into why my records were not viewed by the raters and I now realize just how corrupt the VSOs, VSRs really are. The corruption is deep, and the manipulation wide, but the VA does have some honest employees that have not been bought and are not owned by the VA, and eventually, this will get to those people if I live long enough. I may have to advertise for a lawyer that isn’t owned, but I didn’t want to go that route. 

I became disabled due to strokes, Agent Orange residuals, heart disease and others 8 years ago. I was taken off SSDI and put on regular SSInwhen I turned full retirement age. SS sent the the hospital for my records and approved it first time. The VA has finally given me some records and some service connection, but I should have been medically retired, bit I had kids, a permanent profile from Vietnam,  was non deployable on a world wide scale, was medically unfit to serve in certain areas because I had a blood disease, respiratory defects, gastrointestinal defects, endocrine defects, skin disease, liver issues, chronic abdominal and bone pain, Migraine headaches, Group A Streptococcus with Pharyngitis which became Rheumatic Fever, esophageal issues and it’s documented, so I don’t need anymore evidence. What I need is for the right people to look at what I do have, but it would be nice to have the X-rays of the stroke I had at 19 yrs old on duty. 

[Navy04]

Good to see more documentation and details to support your claim. I went over the documents in detail and they look good to go to me. I will start out by saying, and this is very important. Never, and I mean Never use the VFW or Local VSO to submit your claims. They do not nor will ever care about your claim as much as you, especially if they are butt hurt, cause you are sicker then them and can expect SC to be granted. I have submitted over 15 FDC claims since my Medical Retirement in 2013, with 90% of them being granted on my own. I did my own SSDI as well, which was granted in 7 weeks on the first try, which in Texas is darn near impossible. Do you have an Ebenefits Account and Login? Also have you documented in your Health History thru MyHealthEVet, it allows you to put whatever Medical Event took place and you can put the Dates, Even if it is 40 yrs back. My Last 4 FDCs thru Ebenefits have all been decided in less then 2 months, with no exams, due to me uploading all the needed evince thru the portal. Ok now to be Medically retired vs Separated with Severance, is you have to have a SC Condition that is at least 30% Disabling. If you were granted 30% or higher, then you should have been given the option of Severance Medical Discharge, or Retirement with no Severance. I turned down 80K, cause I wanted the Retirement and Benefits. Most Vets dont know that Medical Severance is almost as if the Vet never served, as there are hardly any benefits or money that comes with it, compared to a full retirement. What are you currently SC for?  What Conditions was your SSDI granted for? We are here to help you, and I will make sure that the Right People look at your medical Evidence, if you submit a claim via Ebenefits. Just blows my mind that the Damn Govt makes Vets fight for so long. Also do you have a copy of your Exit Medical Exam, that notes what your Medical Issues history is while Active, and along with your Medication History? From this day forward use the Good Folks on Hadit to help you submit your claims thru the Ebenefits route. I do not like to go thru the Appeal Process, as Vets tend to sit there for years. You might get a few more bucks in Retro if Granted, but I find that most of the Older Vets just dont have enough time left on earth to risk the wait. Of course that is what the Govt and VA wants is for Vets to give up. I have had atleast 10 conditions that were denied at first due to the VA Raters not looking at the Evidence. All I do is turn right around and open a new claim for the same condition, and darn near all were granted, even though all I did was submit the Exact Same Medical Evidence I had to begin with. Good luck and keep me posted. I dont know everything, wish I did, but I have learned alot thru the Years, and do my best to help well deserved Vets. God Bless