BIG win for AO Thailand Veteran

[Berta]

"REVERSES the March 22, 2019, Board decision to the extent that is denied service connection for diabetes mellitus and erectile dysfunction and REMANDS the matter for the Board to grant those benefits. With respect to hypertension, the Court SETS ASIDE the decision and REMANDS the matter for further proceedings consistent with this decision. DATED: June 18, 2020"

https://efiling.uscourts.cavc.gov/cmecf/servlet/TransportRoom?servlet=CaseSummary.jsp&caseNum=19-2822&incOrigDkt=Y&incDktEntries=Y

This case had been previously remanded due to the RO's Failure to comply with BVA remand instructions.

In part the C & P examiner failed to discuss or consider the 2006 NAS  findings regarding the : "sufficient" link between AO and hypertension---*** see below

( This is a good point to use if the VA denies your claim for HBP due to AO with no other known etiology. Use as a CUE or as a NOD.)

The BVA failed to apply the provisions of M21-1 for Thailand veterans as to their proximity to the perimeter.

I knew our member  Kurt Priessman very well and we discussed AO and Thailand a lot. And did many radio shows on it, maybe at another station, then hadit podcast long ago....We have the Thailand directive solely due to his absolute determination to prove that AO was used in Thailand and that certain Thailand vets, by virtue of their MOS, were exposed to it on the base perimeter.

Kurt died last year and his wife does get DIC. It is so upsetting to me to see that the BVA did not properly address this claim in the first instance, but Kurt's work and the Thailand directive ( available under a hadit search) will live in INFAMY  and Kurt's work has helped this vet ,  and others I am sure -even after Kurt's untimely demise last year to AO heart disease.

*** (This regards the accrued claim I have pending on my dead husband's AO HBP,  and also the report is here with some AO HBP awards and many remands regarding the NAS ( IOM/NAM) study.

Have Any of you filed for AO Hypertension with the report????

As you can tell from my past articleshere  on the report here and this CAVC decision- there are no regulations for AO HBP(HTN) but I feel I made a very strong medical argument on this to Secretary Wilkie and I expect him to provide a decision and regulation on it, as a new AO presumptive.

If he does not decide it to be a new presumptive,  and goes against the report , I will sure raise some Hell! Legal hell that is.....

 

 

 

Edited June 22, 2020 by Berta

[jamescripps2]

Wow, I did not know that Kurt had passed! We worked together on AO issues for Congressman Bob Filner and spoke on the phone many times.

I was trying to win my CONUS claim, at the same time as Kurt was trying to make his case for a Thailand win. Kurt's win proceeded my CONUS win by only a few months.

[Berta]

I was devastated to hear of Kurt' death- I wanted to call his widow yesterday to tell her of your post and how his work lives on, to help veterans!---but I was too sad----- today I might call her......we have lost many members here James....Stretch, Test Vet, Carlie....possible more.....

Stretch- by the way - his wife contacted a lawyer when me and Jerrel Cook advised her to because we are sure Mike Sasser ( Stretch) was one of the deaths that idiot pathologist in Fayetteville AR caused ( He is in prison now)

She did contact the lawyer yet decided not to file under FTCA as she already gets DIC.

I am fighting over an OGC precedent decision, whereby the VA must pay "All" comp to a survivor who succeeds in DIC by direct SC as well as by FTCA/ 1151. It is explained here under search for OGC 08-97.

It was the "Intent" of Congress, per the OGC Pres Op not to deprive any veteran or their survivor, of both an 1151/FTCA payment in addition to a receipt of VA comp based on any other theory of entitlement.

I would have to explain that to her here on hadit- I dont do emails or phone calls on claims issues,why it was important for her to at least file 1151 if not both FTCA and 1151  but Jerrol said she seemed reluctant to even talk about Mike's untimely death....and she does not know how to use a computer.

Section 1151 issues are part of the 'deep state' nature of VA claims.

what I mean is ( and the BVA confirmed this to me in email) that in their annual report, any money paid out for 1151 compensation to a vet or DIC to a survivor under 1151 DIC, is absorbed into the general compensation totals,in their annual reports to congress.

That means, much FTCA settlement awards are found on Google searches but 1151 awards are not-and not even in the BVA's annual reportto Congress.

Also BVA 1151awards are at their site but NO ONE knows of the RO level 1151 awards.

That also means neither the GAO Nor the Taxpaying public, nor Congress knows how many vets or their survivors VA has paid out due to VA negligence and  malpractice.

I have a Bill with the H VAC that is not moving at all----but that would change that fact-

1151 awards are not  reported at all to the NPDB- and VA is negligent in reporting FTCA awards to NPDB as well.

Through NPDB ( National Practitioners Data Bank) this info is available on discipline doctor in just about every state's web site or separate link.

And anyone can check to see if their doctors have been disciplined in any way for proven negligence.

I have been working on this issue for decades.

Even Dr Bash agreed with me that this is all true but I have been unable to get it resolved.

My VA AOWP complaint did produced a bill in the Senate about it--S 221 -but I had to rewrite the bill and send it via Priority mail to all of the sponsors---they said "certain" providers would fall under the Bill-

the hell with that word " certain" -----Every VA medical person should fall under it, but by now I am sure you know that VA "providers" do not necessarily work for the VA and cannot be sued under FTCA.They are federal contractors 

I think VA wants all new medical hires to be "Providers" s fed contractors (with QTC, LHI, VES)-that way no vet or their survivor can ever sue VA under FTCA again. FTCA costs them MANY MILLIONs every year in settlements.

That would leave just 1151 awards- and ,if my bills don't get passed, that means No one, Congress, the public, and even the VA will ever have accountability over 1151 doctors, nurses etc, and VA will have no way of knowing how much VA malpractice is still costing the Nation's taxpayers .......worse yet- those negligent medical people will continue to treat and potentially harm or kill veterans.

I was victimized by all of above-none of the doctors who caused my husband;s death were ever reported properly to the NPDB.

One was sent back to some sort of medical school for additional training and yet was apparently was let go by the VA after that or moved to a different VAMC like the other doctors were.

 

 

 

 

 

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Edited June 23, 2020 by Berta