Many people see VA Hospitals, saying Veterans have it made with free health care. Most all of the people saying this would be shocked that the Vets, would trade their VA medical card for your private insurance card, in a flash. The VA, also charges many Vets, a co-pay, will bill the insurance if a vet has or has been put on his wife's insurance and bill Medicare or Medicaid. Somehow with all these collections when viewing the VA, budget, doesn't seem to be a factor, the VA, says it's cost continues to skyrocket. Also, when viewing the VA, budget submission to Congress, the travel expenses are enormous, but; can't seem to decipher where that is either. One should understand the VA, Secretary, is a presidential cabinet officer. Therefore he has to travel with security and Secret Service protection, and a travel voucher. He is reimbursed per diem, exorbitant amount for meals and hotels. The government plane is on the taxpayers, and pilots and security. I assure you he does not stay at motel 6, or budget inn. The travel expenses alone for the Secretary and executive staff, Regional Directors from around the U. S, could adequately compensate and take care of Vets, by the 100's. If the Secretary and his executives are concerned they would in Washington, and fix the VA. They do release a lot of press releases if read you would think that the VA, runs smoothly, however; please don't be fooled, they are press releases, example; the VA, is going to hire an additional 1900 employees for mental health. Wow, that was six months ago, and looking daily at the Government website, USAjobs.com or .gov, there is NO postings. The good ole VA. This organization is a super classic propaganda machine as only a vet experiences. Many programs are announced, few get fully implemented. When traveling, the VA, secretary, visits VA hospitals, when he approaches and ask's how you are doing, have any problems, do you think he remembers 5 minut

Hero Veterans vs. the Veterans Administration

By Clint Dean

AuthorHouse

Copyright © 2012 Clint Dean
All right reserved.
ISBN: 978-1-4772-4406-7

Contents

Chapter One.......................1Chapter Two.......................7Chapter Three.....................12Chapter Four......................15Chapter Five......................19

Chapter One

Before I begin, I must first, include an understanding of the Veterans Administration(hereafter-VA), By Law, established by an Act Of Congress, and since 1933, when the VA, was established, Congress, has continually passed laws that prevent any outside review through the Courts, or Lawsuits against VA, decisions.

This leaves Veterans completely at the mercy of the VA. Its decisions are final. I personally feel this is no more than dictatorship, and a direct ACT, by Congress, to order into combat, our men and women to get wounded, loss of life and limbs, then when the Veteran, has served his/her purpose, when you apply for benefits and compensation, you become incumbent upon the mercy of The Veterans Administration. Please don't think because of the standards they establish and press release's they care. The VA does not!

Title 38 U.S.C. Sec. 211 (a) (1970), Congress expressed and re-emphasized "it's clear intent that the EXEMTION from judicial review ... BE INCLUSIVE!!

I wonder why. They use us Vets, for War, and then discard us as so much trash. The VA is the most BEAUCRATIC agency of the US Government. I have been in claims, Remands, US Court of Appeals for Veteran claims And the VA, does what it wants when it wants and how it desires, without fear of reprisal or review. This has and is ongoing for over 20 years, in my case.

The question thusly remains why Congress does, order you into Combat, then disregard your health and wellbeing. Interesting isn't it!!! The President of the United States, issues the order, but; congress authorizes and funds the war. I feel as though this was initially set into place when the VA, was initially created because Congress at that time enacted the law to protect the VA, from the Court's review. Many veterans have tried and many continue today, to sue the VA, and the VA, is a machine that can drive the ordinary person broke. It's very good at delays. Most Court decisions are denied, because of the Congressional Act, of NOT SUBJECT TO THE JUDICIAL REVIEW, provision established by Congress.

When you file a claim, you must claim the specific fact, the VA, will not tell you if you have a right to claim anything else. They won't volunteer any information. Rather than assist, get ready for the rule, law, facts, sub part a to appendix a, to subpart, it goes on and on. I found quite by accident several illnesses that I had, and by provisions and laws of the VA, were compensation issues. However; upon all the occasions the VA, has reviewed or supposedly reviewed my medical records, they never mentioned this. The Veteran Claims Assistance Act; states in part; it is the duty of the VA, to assist the veteran in perfecting a claim. Again, that is what I consider "propaganda on behalf of the VA". The numerous press releases sound good, but; rarely enacted. In May 2012, the VA issued a press release that it was hiring nationwide, 1900 people for the mental health clinics. That is yet to happen. Just another pretty picture. The VA, got caught in testimony before the Veterans committee on veteran affairs, the VA, downplayed the number of daily, monthly suicides of returning veterans, and when the 9th circuit court of appeals issued its decision in California, it cited numerous emails between VA, officials that they had in fact under-reported the numbers. In addition emails surfaced that with all the emphasis on mental health and post-traumatic stress syndrome, VA, sent several regional offices notice that they were APPROVING TOO MANY PTSD CLAIMS. Otherwise deny them so they stay in appeals for untold number of years. The veteran while on appeal cannot get care thru the VA, bringing another burden upon the veteran and the public health care system. Creating more reasons for the increase in the number of suicides. Besides, in the VA, if you are going to commit suicide, do it between 8am and 4pm, the VA, will not assist you after hours. This may be construed as an out of context statement, but; it's the truth.

The VA, also, does not have handouts or briefings to service members departing the service to help and assist in the claims process. You are on your own. Get ready!!!!!

Vets, getting out don't know to obtain copies of their personnel records, especially copies of their record of assignments and injuries treated while in service. Therefore when a vet first files his/her claim, it will take many months or more, to obtain from the records center. I f while in the military, you conducted subversive missions, and many did, and your records are sealed, you will never be able to receive medical treatment or benefits. I have personally helped and assisted a vet in the same condition along with a state vet representative, because the Vet was dying. To no Avail. He died. Dr. Gupta, CNN, helped a vet in the same situation, and had a hard time, but; on TV, got the VA, under-secretary to come get the Vets paperwork and get benefits. But; they would not allow them access to the VA building, on TV, they came downstairs and outside to get the papers and walked immediately back inside. Kind of, odd, but; it's just a vet.

In the newspapers, a May 2012, full appeals Court of the 9th CC of appeals, would not uphold the Revamp of the VA, said it was the duty of Congress, ha, good luck with that!!

Ref: Veterans for Common Sense VS Secretary of the VA, Shinseki, 05-07-12, No. 0816728. You can view online and read a lot about the VA.

When seeing a VA, Doctor, please always remember, should he make a definitive decision and tell you that you suffer from a specific disease, then that doctor, by diagnosis, gives you the right to file a claim. Do you think that will happen?? VA, doctors are trained to avoid that, I think, maybe, more test's etc., is what you will get more often than a specific diagnosis. Especially if it involves a listed disease that VA, associates with tropical diseases.

One should know that the 11 diseases associated and caused by Agent Orange, many are DEADLY, are not shared by the New England Medical journal. Your Doctor by any specialty does not know this. It is only the VA. So, go to VA.Gov, select the Dept. of Veteran affairs website and printout these and take to your doctor, so that he/she, when treating you is WELL aware of these diseases. Many diseases are linked and are Leukemia in various degrees' and forms, Cancers, diabetes, etc.

The blood test for Agent Orange exposure only the VA does. If you ask any lab tech they look thru their book, and all that I have ask, has found none. Your blood level containing DIOXEN IS IMPORTANT.

This Agent Orange shows no outside effects, it eats you from the inside out. Spreads very fast, and is a Killer.IT has a 30 to 50 year incubation period that it lays dormant. The VA, every couple years adds a new disease or two or three. Would really like to know what all it causes, but; just a few at a time, is all you get.

The disease from IRAQ and Afghanistan are just now after 10 years of the first Desert storm debacle, is just now being released. Many Desert storm Vets have been sick, but; when the VA, does not recognize a disease, it isn't happening, no matter how many soldiers, vets, get sick, too bad. Shame on the VA. But; after all it is a government agency and protected by Congress.

I know that with the release of this book, the VA, is going to send the FBI, Secret Service, Dept. of Justice, Iris, and anybody else, to find me, take all my benefits, leave me with no Service Connected benefits, but; hey, someone since 1933, needs to get it told. The VA, and Congress, needs to have their lower extremities expose for what they are, users and abusers. After all, this is America, land of the free, (except those involved with the VA) No other country that I know of treats their Vets like this. You are sent to war, get shot at, risk your life, hear those bullets whizzing by, knowing someone is trying to kill me, and when you survive or you become wounded, can't serve anymore, instead of being treated with respect and dignity, get discarded like trash, ignored, given the runaround, and lastly, NOT ACKNOWLEDGED!!

I have heard people say look at that VA hospital, those Vets have it made free medicine, Doctors etc. You should know that the vast majority of Vets, would gladly trade their VA card for your private insurance.

I must state at this juncture that not all VA employees are bad. Only 10% try, 5% care, the rest, will treat you indignantly, talk down to you, insult you, the two most flagrant instances are you will be greeted with a negative attitude, and the feeling of why bother me. If you get mad at all this treatment on a daily basis, and raise your voice, the VA, police has a goon squad that will run thru the hallways, grab the Vet, and put him out of the facility. They can have an attitude to the Vet, but; hey, if you develop one, you're out the door. They do protect each other. The waits, delays, and scorn you receive are supposed to be taken in stride. Most VA, employees forget, it's the Vet that creates their job, but; is treated as the Vet, is a pain in the butt. Truly so. I have been experiencing this for 20 plus years, and it never stops. Ranting about the delays, the endless hours of waiting, personal conversations, trying to talk to someone, while they keep looking away to view their mobile phone or electronic booklet, is enough to make you boil over, but; one must suck it up, it will never end. If you should ever have the time and occasion to go to a VA Medical Center, get a coke or cup of coffee, and sit out on the patio. Observe the number of people walking from building to building, meeting and talking endlessly, it's not business. After 10 or 20 minutes, you will begin to see the same people walking back, in 10 minutes or so here they come again for a long walk. At my medical center, the same 4 ladies, I watch while having lunch, they walk out to the same building, come back, and in 5 minutes or so, here they go again, this goes on longer than I have time to observe. I attempted to get a question answered, I finally ask the clerk, if she could speak to me direct, by putting her electronic tablet down, she got an attitude, and then her supervisor came out and sounded me off very direct. This is not an isolated happening, most all employees monitor their electronic devices right by their computer or work station. The VA, has many relatives and friends of friends working at each facility, and don't think there is stern supervision. My term for not all, but; the vast majority, is the Veteran, is last, and I'm on paid vacation all the time. I apologize, but; unless you spend time at the VA, you just can't imagine, it always seems, feels, and observing, there is no urgency, a lack of self-drive, and no one to instill that work ethic.

I will begin this paragraph, by saying, here is the starting point where the VA, puts Veterans behind the eight ball for 1 to 5 years, on their initial claim for service connection. It's the dreaded Compensation and Pension Exam. This is well-designed Rouge, a farce, and a set-up.

After a Veteran files a claim for Service Connected Disability, because of war related wounds, the regional Office will order what is called a comp/pen evaluation. These doctors (in most cases a Nurse Practitioner), that doesn't on average work in a unit that see's veterans on a daily appointment schedule. Now, we begin the set-up! No matter what outside Doctor, or VA, doctor is treating you for, medical tests, etc.; most all C/P. examiners will tell you answer yes/no to their questions. Do not elaborate on any question. They watch you're every move, getting on the table, walking in the door, everything. (I was ordered into a wheelchair, but; on a recent c/p, exam, the examiner did not annotate that I was confined to a wheelchair-HOW CONVENIENT!) They will give you a complete exam on the exterior, they might order an x-ray or specific test, they only test your movements, do not look inside you. Agent Orange and Gulf War diseases are from the inside. From this exam and not taking into account what your VA Doctor is treating you for, remembers that doctor, is your primary Care, and has tested you for many things, not the c/p doctor. Wait 2 or 3 days, go to the records release, and request a copy of your c/p exam. I ask you not read it till you get home and sit down. Otherwise you may have an accident from being severely ticked off.

Here is my happening, and I have had many of these, even to achieve the level of 100% service connected. I'm in a VA, doctors 'office and he orders me permanently to a wheelchair-manual. I have diabetic neuropathy to lower extremities, insulin diabetic, 5 shots a day, don't feel cuts or scrapes, four valve heart bypass, six stents, 100% arthritic, one-half my right lung missing from cancer, all agent orange related, no gallbladder. The C/P exam stated and I have Agent Orange infection and many more diseases ... I had both lungs no evidence of lung removal, my diabetes was under control, I had all body parts, heart didn't show signs of distress, I had all nerve sensory sensations and feelings, no mention of wheelchair and the doctor said I was fully capable of full time work. Ha, would you hire me-NO. I will begin in chapter two to explain why this happens, the end result of how this impacts you, and the long arduous paperwork WAR begins. I do hope you read on! This is a result of the dreaded comp and pen exam. These are doctors and nurse PR actioners that don't normally work in direct patient care. Wonder why??? This doctor had to call x-ray and get them to recheck the film, sure enough they had me mixed up, and when they put my film on her screen, it presented a different picture but; didn't change her recommendation. I was fully capable of performing daily work with no restrictions. No employer will hire someone who has to check his blood sugar 6 times a day. Take 5 injections daily. Constantly having to drink fluids, because of diabetes, go to the bathroom, every 15 to 30 minutes, have to eat on a schedule of every 2 hours, has to take shots in his spine every 3 months just to be able to move around, do you really think any employer would hire me??? I think the very thought is more than ludicrous. But; this is the VA, in action. Now your claim will be denied and you will have to appeal, now wait for 1 to 3 years. The VA, would be best served to eliminate the comp and Penn, rely on what your VA, doctor has SAID ABOUT YOU, AFTER ALL HE HAS ORDERED YOUR TESTS AND EXAMINED YOU, KNOWS ABOUT YOU. That makes sense doesn't it??? Or, it's a government bureaucratic bundled mess, created to delay. I leave that to personal judgment, I think you know my answer,

To someone that is not a veteran, the frustrations of the VA, system dealt with, is so stressful, it makes combat seem as though you were on a vacation. I mean this literally. With the advent of computer age, electronic communication, one would think the VA, would be in tune with present day society. They being except, have no cause to be efficient. When you have to appeal, your records have to be sent to the board of veteran appeals. My records are 11 folders, huge and thick. So thru the mail it goes, received in Washington, D.C. Then they have to go thru special post office screening, then after about 2 or 3 weeks will finally arrive at the board. Should as the majority of time, your case be remanded back to your regional office, back thru the mail it goes. However, the VA, created this ingenious new glitch, call THE APPEALS MANAGEMENT CENTER. The veterans service groups and all I have spoken with in preparation of this book, will state that this is the utmost in delay tactic put in place. It is another area that stacks up veteran claims, and again 1 to 4 years waiting. This agency is supposed to gather and expedite your remand. A go between of the appeals board and regional office. When you get stuck at this agency. You are sunk. I last year received and split decision. I had two issues on appeal. One part was decided against an entity of the VA, and another part was remanded to the appeals management center for further development. Meanwhile, since the VA, is not automated, while my records are at the appeals mgmt. agency, nothing can be done on the other part of my remand at the regional office, because my records are stuck at the appeals agency. So, part is lying around, I have had one letter from the appeals agency in 14 months. I would like to have both working at the same time. But; since the VA, still works with pencil and paper, not automated, both are lying dormant. Meanwhile my health and compensation for wounds from 50 years ago, are lying around, going nowhere. Great job VA!!!

Since the VA, is and has four separate entities whom do not share information, it seems evident that automation is not a goal or objective of this disorganized agency. Automating would make them more efficient. Why do they not automate?? Perhaps Congress protects them, and they don't have a care in the world. We have fought their war, so who cares now. And that is the main attitude of veterans. It is clear and evident the VA has no concern.

Chapter Two

he Comp/pen continuance. When you get home and read, first you must copy and send a NOD, (Notice of Disagreement to the regional Office), if not they will accept the Doctor's recommendations. All that I stated in the end of chapter 1, the doctor said I could perform daily work and routine.

This is the procedure to which the VA, puts you behind the eight ball. From now on you are continuously disagreeing and attempting to overcome the decision of the Doctor. This is difficult to accomplish. Your claim will more than likely be denied, and the appeal to the Board of Veterans appeals begins. This is time consuming, long drawn out. First file another NOD, wait months for a Statement of the case, type out your objections, document and use C.F.R. title 18, in your response. These two volumes are the VA, laws, rules and procedures. Have a copy of everything from the Va, and your civilian doctor, as well as what happened to you in service. Most Veterans as well as this author, does not trust the VA, when they are working, they see a civilian doctor. Always get a copy and ask the doctor to write you his findings and diagnosis, VA, will consider these. Keep a copy of your notice of disagreement and response to your statement of the case. The Regional Office will instruct you to send to them and a copy they will send of the appeal paper to fill out. Please, I say this from EXPERIENCE<< they will only send to board of veteran appeals, what they feel is pertinent. You, keep a copy, and send the appeal notice and your NOD, plus your response to the statement of the case to the Board. Most likely the Board will rule that there was a procedural error by the Regional Office, and remand it for further development. The Regional Office likes to get rid of case files, and an appeal is right down their alley, you did them a favor. The board will send it to the appeals management center, and get ready because you will be in for a 2 to 3 year delay here. Everyone wants the Appeals mgmt. center to go away, but; it is a delay tactic, intentionally created by the VA. I'm not saying this out of bitterness, it is fact. The Disabled American Vets, American Legion, and many more Service Organizations, will state the same, I'm not the first.

(Continues...)

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