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

[Navy04]

Great News bud, Very happy for you. Glad to see a Good Vet made his way thru the Maze of what is known as the VA Claims process. I truly wish you the best, and as you stated the VA ROs are screwing a lot of the Older Vets as they are hoping they all die without Disability Pay. I know that sounds Harsh, but IMHO it is true. I have helped too Many Vets that Easily should have been Granted SC and Pension. God Bless and good luck

[Navy04]

Thats y I dont like the Appeals process, in my experience have hardly seen it go a Vet's way. I have had over 15 FDCs in the last 5 years, and only had a few claims that went over the 3-5 mths time frame, start to finish. As long as good documented evidence is used, the FDC claims and  Now with the option to Request Quick Decision thru Ebenefits makes the process alot faster then when I started in 2012.

[Victor Ray]

17 hours ago, Navy04 said:

Thats y I dont like the Appeals process, in my experience have hardly seen it go a Vet's way. I have had over 15 FDCs in the last 5 years, and only had a few claims that went over the 3-5 mths time frame, start to finish. As long as good documented evidence is used, the FDC claims and  Now with the option to Request Quick Decision thru Ebenefits makes the process alot faster then when I started in 2012.

 

17 hours ago, Navy04 said:

Thats y I dont like the Appeals process, in my experience have hardly seen it go a Vet's way. I have had over 15 FDCs in the last 5 years, and only had a few claims that went over the 3-5 mths time frame, start to finish. As long as good documented evidence is used, the FDC claims and  Now with the option to Request Quick Decision thru Ebenefits makes the process alot faster then when I started in 2012.

Navy04,

I don’t like it either, and didn’t want it, but for now I am at their mercy. I believe they realize that this was a case of terrible judgement and wrong doing, beginning at my return and medical documents being rewritten at that time with false information. One document is laughable, and others are missing form numbers, signatures, dates, so I am hoping for simple honest resolution. They have used Executive Privilege from 1971 to present, and I didn’t want this ridiculous injustice to drag out any longer, but I want to believe the VA is attempting to make this right. It has been really ugly so far, and total redemption is in order from the VA.

I was told they are going to work my appeals and current claims all together, so that has things looking up for me finally. It’s really depressing knowing they intentionally withheld my records and all benefits, while admitting exposure to A.O. and while staring at the DA3349, but ignoring the P-3 Permanent Profile for defects in my “ physical capacity and stamina “. 

For 47 years to present the door to the evidence has been locked. I couldn’t even file a claim while not knowing the diagnosis for any of my conditions. Were the migraines were from a TBI, Malaria Encephalitis or other Tropical Disease, or Dioxin. 

I wish I had your good fortune and been given my records, but no FOIA Request will ever get my records. They have been held in “ anticipation of litigation “, but I was never even told that. My records have been kept top secret it appears, and I no longer have that clearance. It has always been a one way effort all my adult life, but I think finally someone listened, and for what it’s worth, I am going to try and enjoy what I have been left. Thank you Navy04.

Victor Ray