Suing the VA multiple times

[Victor Ray]

Can I sue the VA multiple times, like for each condition they have lied about and withheld evidence of existing, but denied knowledge of. Like knowing I had a Blood Disease but not admitting the parasites origin was malaria from Vietnam. That by not treating the Group A Streptococcus with Pharyngitis it turned into Scarlet or Rheumatic Fever causing many organs to be affected. Or the skin disease and acne was Agent Orange, not dry skin? Or the Migraine Headaches, stroke, and brain damage at 19/20 years old, were because of service in Vietnam causing carotid artery occlusion from rapid cell death? 

The VA has made this drag out, deceiving me my entire adult life by withholding all evidence, all medical treatment records, and all medical care. I have to assume to deprive vets the knowledge of others with their same conditions, and prevent them from filing any claims like it did me. PTSD in a lot of cases, if not most cases, is due to malaria or some other parasitic infestation causing rapid cell death and physical damage to most all organs, especially the brain.  This has all been a complete crock of crap, and I want to sue on individual events if I can, or will they all be lumped together? Then my kids will have their turn. It’s a mess of lies and deception and I thought the BVA would look at the evidence presented and it would be enough, but no. I have to sue to get those still being withheld for the immediate six months after my being medivac’d out.  All this was done to use up my life time it seems like, and with the Vietnamese people watching the claims, it feels it has to keep lying and covering up.

I guess I answered myself basically. Any good lawyer recommendations? A claims agent wouldn’t be able to handle this case. Thanks all

victor rayRay

[FormerMember]

<<<<<<<< A claims agent wouldn’t be able to handle this case. >>>>>>>>>>>

Ah ha ha ha ha ha ha ha. You simply have no conception of the power of a claims agent. I filed a Vet for SMC 5/15. I filed the NOD 7/05 after the 6/26 denial. I filed the VA 9 8/10. I had the hearing 9/18. I won loss of use of lower  extremities on 9/28. My attorney friends want to know how I did it. All agents are not created equal. 

Edited October 10, 2018 by asknod

[broncovet]

Well, there "are" teams (law teams) such as CCK, Hill and Ponton, etc.  And then there is Alex.  Make no mistake...these law firms or Alex dont need your business...they have plenty of clients and I happen to know all 3 of these I mentioned turned me down at least once for representation.  You could get turned down also because the sad fact is there are 25 million or so Vets, and maybe a couple hundred lawyers who represent them.  Choosing a representative is critical.  Even tho both Alex and I have been here a very long time, we have both used the services of an attorney and both of us have won awards through them.  

You can represent yourself, but, according to the BVA chairmans report, you alone wont get as good a results than if you hire a lawyer.  Lawyer represted claimants at the BVA are denied only about 10 percent of the time..the lowest of any of the VSO's.  

[FormerMember]

And now for something entirely different. I just filed my NOD for my greenhouse size today  along with my VAF 21-22a  from my VA representative (myself). I wonder how that will play out in VBMS.

[Buck52]

I wish you well with all this Victor...something has to surface buddy  just hang in there and take care of yourself  this will be solved and you will get what your over due.

Try sending a shot letter to the President him self  just let him know what the VA is doing holding your records for all these years and you need them to prove your claims  lying to you(obviously) and you need his help.

I think Victor Ray needs a little guidness and some good Advise on this & some support .

I know he is very frustrated, A Good Experienced Law Dog is what he needs  and to help him with both Barrels.

Question ?   If he wins This case and they go back past 20 years this will set him up for the 20 year rating protections CORRECT?

...What about the educational benefits for his family (children)   even if he don't make it ,And his Attorney wins,  This Win would help his family  on all benefits at 100% P&T for health care and school...(ChampVA Insurance  for the next 10 years  correct?

 Assuming he wins  to  include the P& T and any SMC's he would be entitled too.

If a Veteran has filed for all these type claims 20/35/40 something years ago and has NOD in the proper time limit , But was never Adjudicated and Finally Adjudicated on Reopen claims  he is still entitled to all Benefits that a 100% P&T Veteran is entitled to  Correct?

[FormerMember]

A claim remains pending until there is sufficient evidence of record to show it was adjudicated in the first instance. But ... if you were homeless when they mailed out the  denial or the SOC, and you never "came back" until 2010, the claim remains pending and equitable tolling applies. I'm running one of them on appeal out of San Diego. I coached him on here back in 2012-16 and he won back to 2004 for 70% at the BVA on this scenario. We got it to 100% P&T with one phone call. We're NODing now for SMC S back to 2004. VA refused to accept my NOD back in May because...wait for it..... my client didn't file that NOD within one year of the "now" retro decision back to 04.  Absent a time travel machine, I'm not sure how to litigate this. These are the dipsticks you're dealing with. This is worse than trying to herd cats. Fortunately, I can just pick up the phone and fix it the moment I see it in VBMS. You guys can't. I wish for all the world you could.

What Victor Ray is dealing with is virtually the same thing. Somebody at the Puzzle Palace entered something wrong and it got perpetuated. You have to start  from the beginning and build to 2018 He needs someone to take this on who has VBMS access so the rep doesn't have to wait six months for the claims file. You open the doc and copy it. Done. Next. The down side is you have to guard your PIV card. No one else can use it under  penalty of law. Thus, I have to do it myself. If you don't have VBMS, you're blind. The representative is going to have to be savvy in old school Vietnam knowledge and sort this Gordian Knot out-not fk it up more than it  already is. I just did a "sort out" on a V Vet's c-file  who was right near my LZ Cork Vet on 1/18/1969 when the first mortar hit them@1125 Hrs.  I've been going on this off and on getting all the records since 2014. He's got Parkinsons bad and PTSD but never filed for them. He filed for a ton of retained mortar frags and other stuff but never got close to SMC S because... the VSO said there wasn't anything beyond 100%. All his buddies, and now my 1st LZ Cork client are 70% for PTSD. His VAMC CAPRI records show he's 30% for  "Generalized Anxiety Disorder"  or GAD. In 1970, GAD was PTSD or "nervous disorder". There was no PTSD. Nobody doing DSM-5 ratings nowadays even knows what GAD is. This is why you need to use professional IMOs. Unfortunately, we can't use the VA medical records "problems list" to prove he has GAD. It's an entry error. He has no dx for bent brain. No STRs. No evidence. So we build from scratch... with what we're dealt. 

And boy howdy do we build. Loss of use of lower extremities due to fall danger from Parkinson's is an "L". PTSD for 70% would bump him to L 1/2 under §3.350(f)(4). Ditto DM 2 @ 50% bumping him to N, ditto a few prostate cancer residuals for 40% + tinnitus for 10 bumps to N 1/2. Now, he also has a K so that's N 1/2 plus K.  That's $5,190.00 or thereabouts. 

 I pray someone comes along to help Victor Ray. I'm drowning in folks who are literally dying while I'm doing their claims. I've met most every guy I've repped because I do Travel Board Hearings. I like to help here because we need more folks to do this. I wish there were more like me who have that fire in the belly to litigate. It's a job just like anything else. I didn't go to college to learn this. The reward is seeing their faces when it's over and hugging them. The agony is going to their funerals. I try my damnest to leave no one behind. But....

If you do find an attorney, and you have your claims file from VA. I attach what we call a Chrono or a chronological "diary " that an attorney will need. If you do it for them ahead of time, I guarantee your chances of getting a good rep will increase dramatically. It's like a Rand McNally Road map for us. VA purposefully scrambles up a claims file . Why? Who knows. What they don't scramble up is your VBMS  e-file. That's why I copy theirs. It's all sorted out for me. I don't need that chrono. 

 

 

chrono example for use with your c-file.docx

Edited October 11, 2018 by asknod

[Buck52]

Thanks Alex , we all know your great helping veterans and you love it.. and good at what you do...I appreciate your time coming here on hadit  and the Hadit podcast radio shows with John & Jerrel  your post & advise helps a lot of veterans.

I was thinking that member ''GeekySquid ''Would make a good claims agent once he is certified....he picks up things very fast and remembers them(court cases) CFR's VA Law,,,,and is very intelligent.  I believe he is currently working his claims.