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

[Victor Ray]

Navy04.

thanks for the input and advice. I am basically doing it all on my own since DAV lied to me on several occasions as well as putting my claim into the trash for almost 5 months before I caught it. I filed in July and in November was not even in the system. 

I now have the VFW, who I originally used in 1983. My records are good, the claims are good, but I got caught in the wrong place wrong time. The Army was completely lost or knew exactly what was wrong, but used the Chloroquine Rule to get me out of their care to not look like my conditions was over their heads. 

I was never granted anything in the service except a P-3 Permanent Profile on DA3349. I was well over 30% and I would say 100%, but never told about disability, never given legal advice, no representation, nor PEBLO, no notice of any Board of any kind until in front of it. I was told several things to intimidate me and it worked.

i suffered severe migraines after Vietnam which eventually led to convulsions/seizures, violent vomiting, extreme fever over 106, and many ice baths in the ERoom, making me comatose for almost a week. I kept the bed full of puke and pee that week, and this was a couple months after my discharge. I believe these migraines caused a stroke while I was still on Active Duty, because I felt the snap in the brain, and that moment is when they began. I believe that’s why the VA won’t release the evidence for the immediate 6 months after my return. 

I have been going down hill ever since Vietnam with periods of almost normal ness, but it never lasted very long. One thing after another after another because my immune system was trashed. I retired because I was too weak to do my job and six months later I had a stroke, it was a bad one with god recovery over time, but I have been totally disabled and on SSDI for the last eight years. I had another stroke 2 years ago and have dead white brain matter and am 100% blocked in my left carotid artery, lung opacities, enlarged prostate, GERD, tennitis, esophagus problems, too much to go into, but I finally am at 80%. GERD, tinnitus, esophagus issues 10%, CAD 30%, PTSD 50%. The PTSD is actually the brain damage from Dioxin in my opinion. 

They are working on my claim as we speak. In a month or so I will know what I need to do, and am hoping they make this right. I will give them the benefit of the doubt, that they never gave me, and if that doesn’t work, you will see it on the news. I will keep you posted, and thanks for the information.

victor ray

[jfrei]

Not sure if you tried contacting your state senators office they have a VA rep you explain your situation and then if they deem they submit a congressional inquiry which usually gets the ball moving where ever it’s at....

[Victor Ray]

16 hours ago, jfrei said:

Not sure if you tried contacting your state senators office they have a VA rep you explain your situation and then if they deem they submit a congressional inquiry which usually gets the ball moving where ever it’s at....

Jfrei.

Finally, things are starting to move. I asked for an advancement on the BVA Docket, stating the reasons, and they found good and sufficient cause to grant my wish. I hope to see resolution before  long, as it has been decades of withheld evidence. I am anxious for that day.

To answer you, Yes, I did contact a number of Congressional people, but they could do nothing in my particular case. They probably could in 95% of all other cases, but mine is pretty unique. Thank you for the input though, but finally I have hope for vindication.

victor ray

[Victor Ray]

On 4/19/2018 at 10:09 AM, Navy04 said:

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

Navy04.

I just wanted to say thanks to you, and everyone here for the advice and support, and give a little update. I have been increased to 90%, GERD 10%, Tinnitis, 10%, Esophagus 10%, CAD 30%, PTSD 70%. That’s what I have right now. I have another exam coming at the end of the month, and am hoping for vindication. 

I was disabled due to strokes, 100% blocked inoperable carotid artery, a couple brain infractions, broken tailbone, weakness in limbs, vision issues. I was granted SSDI the first time too, but my cardiologist must be on DAV’s payroll, saying I could play football, full round of golf, mountain climbing, jogging for several miles. I called his office and told them what I thought of him because anyone could tell he was a liar, which I have found in many doctors cases. I thought it was mostly lawyers and judges that did the lying, but doctors take the cake, unless they are just inept.

the bottom line is things are looking up. I hope I live to enjoy a little vindication, but I can’t do hardly anything, and at times can’t walk 100 ft., and can’t be in the sun but briefly, so it’s depressing not to be able to mow the lawn, climb stairs well, hand wash the car, or do anything that really takes much effort, and I think things are worse than I know.

yes, I do have a copy of my medical exam, and it’s noted that I had chronic cough and wheezing, and was hospitalized in the Army for it being systemic, and cause “undetermined “. My hearing had a profile of 2 and more testing needed. I had to mark everything as good, in order to be discharged, and when I was told my records were lost, I gave up and marked things as good, to get out and get reputable medical care. I was ill the whole time after Vietnam wit periods of almost normal ness, but it never lasted.

The thing is, what has made this so difficult, is that I was and still am denied access to most of my medical records. 20 to 30 FOIAs did very little, but I did get some of them showing hospitalized in Vietnam 21days before Evacuation to Japan for more tests, then to U.S.A., for a total of 28 days straight the first time. The results from the tests done in Japan and for the six months following my return are still withheld to this day. The only reason given for me being medivac’d was “urticaria due to Chloroquine ingestion, which was totally false and I have the doctors own words in writing proving it. I forgot to say too that I wouldn’t have wanted severance pay either, because I had 3 dependents and insurance has always been an absolute necessity, and I had documented ongoing conditions myself, and V.A. benefits meant everything. TOO BAD they were all deprived of me and my dependents, because tomorrow, May 18 1971, will be 47 years to the day that I entered the 3Rd Field Hospital in Vietnam and my life was altered forever, and not for the better. 

I don’t have the time left either and they probably know that, so the VA may become nicer since they kicked me in the teeth all my life, lied to me for decades, withheld the evidence for 47 years so far, and never ever gave me any benefit of doubt, even with the evidence written in black and white on paper. 

No, I do not have the medication history and anything I do get, if anything, would now be hard to believe it’s true and correct. I submitted copies of medical records the V.A. or NPRC  gave me, and the V.A. said they looked tampered with or altered. That is exactly what I had been telling “them”. I felt all along that they were manipulated, altered, missing form numbers, signatures missing, parts of the scan missing, and some information totally made up. 

DAV just expedited a guy’s claim that denied his PTSD CLAIM ONCE ALREADY, but DAV in a matter of days got it expedited, and got all his retropay (Gulf War), plus other claims, and got him a job with DAV sitting right beside his VSO that expedited his claim! It’s featured in DAV’s newest magazine. DAV threw my claim in the trash the first time. DAV is corrupt, and probably everyone of the VSOs are as well. Sorry for rambling on,  and I appreciate everything you said. I believe they are working my appeals and requests for increase all together. I don’t think I am as well as I think, and they know it. Thank you very kindly Navy04

Victor Ray

[Berta]

Victor-this is SUBERB NEWS!!!!!!!!!!!!!!!!!!!!!!!!

I know you do want total vindication but the best thing you said ( along with the award info) is

"the bottom line is things are looking up." That is great !

You got 30% for the CAD- under AO I assume-

and mentioned strokes and TIAs ( brain infarctions) and that might well be secondary to the CAD- but I am not a doctor-yet if a real doctor can say that ,with a full medfical rationale -following the IMO criteria here at hadit- they would probably award secondary on the strokes.

"I have another exam coming at the end of the month, and am hoping for vindication. "

What is that C & P for?

We have had here over the past 21 years ,veterans from time to time, who understand how great a need can be for "vindication". I know how it feels too , as the widow of a SC vet!

 

 

 

[Victor Ray]

1 hour ago, Berta said:

Victor-this is SUBERB NEWS!!!!!!!!!!!!!!!!!!!!!!!!

I know you do want total vindication but the best thing you said ( along with the award info) is

"the bottom line is things are looking up." That is great !

You got 30% for the CAD- under AO I assume-

and mentioned strokes and TIAs ( brain infarctions) and that might well be secondary to the CAD- but I am not a doctor-yet if a real doctor can say that ,with a full medfical rationale -following the IMO criteria here at hadit- they would probably award secondary on the strokes.

"I have another exam coming at the end of the month, and am hoping for vindication. "

What is that C & P for?

We have had here over the past 21 years ,veterans from time to time, who understand how great a need can be for "vindication". I know how it feels too , as the widow of a SC vet!

 

 

 

Berta.

The claim was for Al Amyloidosis and I have all the symptoms, which started in Vietnam and continued to develop all the remainder of my time on active duty, and afterwards. The swelling was not normal for a 19 year old healthy guy, and I think the Army knew my chemistry had been altered, and thus, the reason for all my medical records being withheld all my adult life. I still can’t get them and may never get them, because FOIA Requests alone won’t recover any records at all.

Yes, the 30% is for Agent Orange, as far as I know. I complained in the service, but couldn’t believe I was having chest pains at 19/20 yrs old. I also complained of feeling I was getting shocked, and pins and needles, and after going through puberty once already, started it again.

I felt the pop in my brain and knew my entire being had changed at that moment, and believe that’s when the migraines started. I have old dead white brain matter now, and believe it showed on X-rays as a stroke. 

My calcium score is off the charts too, and was 958 four years ago, and eight years ago had total artery occlusion that’s inoperable, but having 24 polyps removed so far, enlarged prostate, benign and malignant skin cancers removed, I do hope for vindication. 

The P-3 Profile issued in Vietnam was for permanent defects in my “physical capacity and stamina”, which basically involves every organ and body process, and I think the mistakes were caught by the more skilled raters at the BVA.

I think my whole claim including appeals is being worked together, and may not need a doctors opinion for the strokes and TIAs being secondary to CAD. I think they have all the evidence they need for everything. I am hoping for total vindication.

thank you for great advice, and the encouragement too Berta. You ALL are great!

victor Ray