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MarkP

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I realize that the VA is pretty messed up and I'm trying to learn their methods, but I'm having a hard time trying to figure out their latest. I filed a series of claims with one being exposed to a chemical called, MALATHION. It's a pesticide. I have leukemia. The VA wanted me and my oncologist to explain the exposure to the "dioxin". I never called the chemical a "dioxin" and my oncologist told me that "Dioxin" is  a code word for Agent Orange. AO was never claimed. We answered the the VA but referenced the chemical by name, etc. Never as a dioxin. Now I go to eBenefits and the VA has written "AO - not a recognized condition". I never claimed "AO" (Agent Orange) and that reference it right out of the M21 Manual under Herbicide exposure. The chemical MALATHION is a pesticide/insecticide and not a herbicide. I never claimed I was exposed to a herbicide. Is this a normal practice? Is the VA just getting as close to what they "think" I'm claiming? Are they incompetent? Are they setting me up for an obvious denial of my claim? Are they making it easier to file a lawsuit with the obvious wrong categorization of my conditions and/or claim? It doesn't make sense to me. It's not accurate. Am I missing something here? Thanks in advance.

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2 hours ago, MarkP said:

? Are they incompetent?

Yes they are, but I think it is deliberate.

I just mailed a CUE claim and put right at the top of it that I am sending it to the Secretary as well, with a covert letter.

I have put this claim off because ,although I won my past issues- this one was denied (like all the others were at first)and it  really stressed me out and I did not want to deal with them anymore.

I feel 100% better that I got it in the mail today and added a history of my issues and they all reveal major incompetence.I dropped a dime on the VARO Director as well-

I went against my own advice here- to correct errors in anything they say or state IMMEDIATELY.

But I sure feel much better now that the CUE is filed .

I think you should file an IRIS complaint ASAP-

Go to www.va.gov, the main page, click on the Contact Us thing in the upper right and then click on Ask a question, this will cyou to IRIS-you will have to fill out some fields n the site but file this as a Complaint- (there is a complaint drop down box) and it will go directly to VA Central, and to your RO.

 

Tell them what you told us here. It might take a week or two to hear back- ask for an email reply- so they cant make something up on the phone.

2 hours ago, MarkP said:

. Am I missing something here?

Not at all. The VA is snafued and fubared up the ying yangs, but  luckily most claimants are not victimized by incompetence or maybe they don't even  know yet that VA made errors in their claims, to their detriment.

There are only 3 VA entities in my opinion, who know VA case law and can read:

The BVA , the CAVC ,and also the OGC.

The very fact that so many claims get awarded at the BVA level and/or are remanded to receive a RO  award that should have occurred in the first place, is proof that some employees at the ROs are illiterate, or have little knowledge of basic VA case law and regulations. This crap does not happen in a vacuum.

Twice the VA tried to get me to believe a regulation that does not even exist.

And the history of my issues I added to my CUE,  reveal deliberate attempts to withhold my evidence, not only

from a Posthumous C & P examiner, (1151 claim, but also from the General Counsel itself.(FTCA issue)

I am angry whenever I see the VA pulling that sort of crap. Dont let this go-

I  almost forgot- put the alphanumeric they use near the date after the Re: in your IRIS  complaint that appears in this letter:

". The VA wanted me and my oncologist to explain the exposure to the "dioxin". 

The alphanumeric holds the initials of the last VA idiot who handled your claim and sent that letter.

 

Edited by Berta

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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oppps I didnt mean covert- I meant cover letter---to the Sec.

actual covert is a good description of the VA's Deep State.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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