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Suing the VA multiple times

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Victor Ray

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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

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I have to say I never have seen or experienced anything like this, Veteran Victor Ray Has endured with the VA System. and its a total shame the VA System has Ignored him his due medical and in service records from Vietnam and his complete Military service Records and his Lay statements. and what evidence he has submitted to help him substantiate his claims.

He has tried everything we teach here on hadit  for his claims /records duty records morning reports special orders ect,,,ect,,,  duty to assist everything and with experienced Attorneys advise  & Senators alike congressmen...VA Secretary  ect,,,ect,,,  the whole 9 yards.

Only thing left is call President Trumps Private Line...I don't have this Number but he has one.  and its not the  Washington Hotline he has a Direct Line to his Office and his email.

Although the President him self made this comment and he should keep his promise to us

Create private White House veterans hotline

"I will create a private White House hotline – that is answered by a real person 24 hours a day – to make sure that no valid complaint about the VA ever falls through the cracks. I will instruct my staff that if a valid complaint is not acted upon, then the issue be brought directly to me, and I will pick up the phone and fix it myself, if need be."

Sources: 

Comments during the Veterans of Foreign Wars Convention in Charlotte, N.C

Subjects: Health Care, Veterans

 

 

Ms Berta probably has those# if the president has a private line?  which he should 

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VictorRay

     Your situation happens far too often.  I saw an article where the paper posted that it took a Veteran 10 years to get his benefits.   That really isnt that long, in VA time.  I applied in 2002, and the VARO failed to adjuticate TDIU, until 7 years later, when they called it "moot".  I finally got TDIU in 2017, 15 years and multiple multiple appeals later.  Of course they hornswaggled the effective date and SMC S, which is still in appeals now, 16 years after I applied.  

      This said, there are things we can do..and I learned the hard way.  

1.  Order your cfile, and make sure your evidence is complete, documenting your claim for increase.  If you are already SC, and just seeking an increase, you need to show your condition worsened since the time you had a c and p which awarded benefits.  If applicable, and you submitted "new and material evidence" to reopen, then make sure VA did that.  

2.  (Continue) to try to get at least one VA employee who is "on your side".  Be courteous to VA employees, and dont give them a reason to (futher) delay your claim.  

3.  If you have issues that were not adjuticated, claims that were not reopened (when you submitted n and m evidence, per 38 CFR 3.156), then first send them an IRIS email inquiring as to the status of the claim you reopend on (date you sent new evidence).  

4.  Lay the groundwork for a Writ of mandamus, but have a clear picture of what you need VA to do.  Example is that you need VARO to reopen your claim due to N and M evidence you submitted in 2004.  

5.  Dont keep attacking VA employees on what happened in the past, do be courteous, and ask them to help you.  Those that hurt you years ago, are probably long gone, and new people are trying to figure out what to do.  Dont get bitter, get better, and smarter.  

6.  If you qualify for an advance on the docket, ask for one, such as if you are homeless, over 75, in dire finacial straits such as your home being foreclosed on.  (I lost my home waiting on my benefits in 2006.) 

7.  Consider asking Alex (ask nod) to represent you.  You will have to pay him if he wins, but 80 percent of something is much better than 100 percent of nothing.  Make no mistake:  The GS8 reviewing your file has no authority to award you 100,000 plus in retro.  This will have to come from a BVA judge or CAVC.  Once you understand this, the idea is to get it in front of a BVA/CAVC judge as quickly as possible.  

8.  Consider filing an "intent to file a Writ of Mandamus", then a Writ.  Even tho my writ was denied, I got my full benefits (100 percent) within about 4 months of filing the Writ.   The key to "winning" a writ is to make the writ good enough that the judge requires the VARO "respond" to your allegations.  

 

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Buck

Thanks for the info and for staying in touch with me for so long. I do have one option left and that is the courts, and then that will be final I take it. I can’t get my records myself, and I can’t prove anything without them, so I have no choice but to sue for the records, then sue for the compensation and benefits that’s been withheld, and if the VA would have done the right thing, my kids would have been receiving medical through the VA and their own entitled monthly compensation because of my disabilities. This really has been a case where they have been waiting me out, and I am stroke prone now with such a high calcium score, and lucky to still be here. 

Nobody knows when their time is up, but it’s not right having to live feeling like the end is the next panic attack, or chest pain, or blood pressure hitting 230/110 again and again with all the other crap. It’s one thing to be concerned about your heart condition,  or blood pressure, or cancer metastasizing some other place, but to have this many for so long when they all started in Vietnam, never being given a believable reason for any of the conditions, and being denied access to all medical records smells of something very wrong. 

I cant put all the details here, but you can see in them how my conditions worsened, but me not having any reaction to the Chloroquine treatments, and after three weeks of treatments the “skin disease “ was actually clearing up. I was treated in the infectious disease ward in Chicago until I was sent “ HOME AWAITING ORDERS “, and I learned that that term is only used when a service member is to be medically separated or medically discharged. In my own opinion, I had malaria because of the coma from cerebral malaria one year after being hospitalized in Vietnam. I had a stroke on duty and suffered migraine headaches and have records of cerebral infarction and basal ganglia infarction with a 13cm x 5cm hypodensity.

the Army knew my heart was affected in Vietnam, but hid it all these years. They need to pay BIGTIME.

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Broncovet.

thank you for your advice, but I have done a lot of this and can’t handle it anymore. I had a Tropical Disease on top of any Agent Orange Exposure that affected my heart and every organ and body system. They knew this but withheld it from me, my doctors, and my family. They lied about my records while I was on duty. The P3 Permanent Profile was for my heart, my lungs, my brain, my liver, everything and I submitted current evidence as well as what the NARA would let me have, and their reply was “you did not complain in the service”. They also said “ you were not treated for and was not diagnosed for any condition while in the service”. They said so many lies it’s hard to be polite, so I will let lawyers do my talking as I would not be very happy, thinking this could be the schmuck that lied in the first place. “Undetermined Organisms “??? What the hell is that? “ “Unspecified Urticaria” ??? What would cause that? What affected my heart, lungs, all the other organs for years and years? 

I have a two foot high stack of records I am taking to some lawyers because the VA won’t talk to me straight. They assigned a lady to me to use up my life, hoping I would die before now, so 100k is peanuts. It would have meant something at one time but they have done me too dirty too long.  Please close this thread, and thank you very kindly for the help, but asknod probably wouldn’t want this mess. It’s going to take a team to fix this, and get the truth out. 

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Victor,

    The obvious (to me) answer to your dilema is to hire an attorney.  I just recently read the reason there are so many homeless Veterans is because the Veterans can not afford to hire an attorney.  You may not even have to pay for it, EAJA may pay for it.  

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Broncovet

Thank you. I think you are correct. We may take issue with the PTSD-Malaria connection as well. The VA says I wasn’t in a malaria endemic area, buy they are wrong. Thanks

victor ray

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