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    Civil Atty for VA SC claim

    I decided on trying to get a civil attorney to take on my SC case. I am going thru old active duty and VA records to help support my case. Maybe with the potential of VA benefits going all the way back to 1985, someone might consider taking my case??? (I am a bit of a pack-rat and save a lot of things, like official documents and letters)

    I had forgotten that I went thru a C & P exam(Tampa) & case way back in 1984/85 in Orlando Florida. The St. Petersburg Fla VA denied my case March 20 1985, saying that "your disabilities are not severe enough to prevent substantially gainful employment." Too bad employers did not share the VA's sentiment.

    The previous year I had qualified, and went thru all the many hoops & requirements (including medical) for a programmer training for the disabled in 1984. While I did not get selected for the 84/85 class year, a Voc-Rehab worker with the program encouraged me to try again the next year. I did and got accepted into the program for the 85/86 programmer training for the disabled class. I started the program but Fla Vocational Rehab pulled my finding soon after I started the program so I never got to complete the program.

    According to VocRehab & the Valencia Com. College/IBM corp. program I was qualified as sufficiently disabled, but not the VA?? I did get SSDI in 1987 dating back to 1985.

    I am so SICK of fighting the VA, I am getting a severe case of Battle Fatigue. On one hand I am ready to just give up fighting anything & everything, on the other hand I want to STICK it to the VA *&^%#$ BIGbig time!

    I do have a couple good VA doctors, (out of many not worth a ditch), but the system is BROKEN. THREE times I was sent for a wheel chair fitting (Oct, Nov & this Jan) and 3 times told I would at long last get one....(but they did not forget to BILL me for a Copays).

    Some deserving vets, simply considered a fall risk get scooters, lifts and even wheel chairs w/o my history of multiple surgeries & hospitalizations from...falling, go figure?

    I am tempted to just go down into the Ann Arbor VAMC basement, find a nice new w/c that is even a close fit and just roll out towing it behind my cheapo ebay special scooter, wonder if anyone would even notice?. ( they keep them down there wasting space , unsecured).

    I think fighting the VA's empty promises and LIES for 30 years is more than long enough! Lets revue just recent months; (otherwise the verbose post would never end)

    -1- Local physical Therapy, told ordered and approved, several times. Nope nada...NOTHING! A LIE??

    -2- P/T measured 3 times for manual wheel chair, all 3 times NO chair & refuse to return calls & email.) 3 LIEs?

    -3- P/T said my car suitable & would get a carrier &/or lift suitable for a VA issue Golden scooter. (also fine for my smaller eBay special GoGo). as usual, nothing but LIES?

    GOMER ready to call it quits or go down making it a federal case fighting, while taking on the VA machine.

    #2
    Gomer,

    Michigan has several excellent law schools. Have you considered approaching one of their legal aid clinics? The students are bright, creative, often favored by judges and typically well supervised by experts. Your case is sympathetic and if there is law to support you might benefit from being represented by a young idealist. (I'm thinking Ann Arbor, but there are other good ones.)

    I know nothing about your rights vs the VA. What I can tell you is that suing the government is different from suing an individual or corporation. If you hire a private attorney, on contingency or hourly, make sure they have the right kind of experience.

    Comment


      #3
      Yes, Michigan does have several good law schools. Cooley in Lansing, U of M in AA Wayne state (good law lib) in Detroit etc. None of them will take on much of anything that might have corruption involved, and one ever knows what can-o-worms one might unknowingly open here. Our current state AG is kinda the godfather with several family members in "the Original Tear Group", a heavily protected RICO operation well know within the ATF, DEA, FBI and other federal agencies. I am thinking OUT of state might be a better safer option for both any plaintiff and their attorney, More than one in-state attorney has fallen victim.

      A more relevant issue is, for any lawyer to take a VA case, must be admitted to practice in VA claims. Not just any qualified jurist doctorate idealist or otherwise with a P#, let alone a law student can represent a vet in any cases. Bottom line is the VA controls who can practice against them in their own arena.

      I did consider an in-state attorney. Even those that advertise as representing vets with the VA often have little if any experience. Another thing I found is some lawyers that CLAIM to rep vets actually only advise SOs who do the actual claim. That puts you back at the mercy of your service organization, and back to ground zero and WHY I am seeking a real attorney (junk yard dog) that actually directly represents vets in VA cases.

      I am researching, gathering and organizing old Navy, VA and related records with the goal of establishing grounds to re-open my claim going back to 1984/85 on the basis the VA misdiagnosed my MS etc.

      My feeling is, if I am going to have to battle the VA big time, I might as make it worthwhile. Plus decades of potential back benefits might better attract a lawyer.

      You can try to fight city hall or VA, you will not win, but one can sure give them a 7734 of a run for money!

      Gomer

      Comment


        #4
        You're clearly on top of this. Good luck.

        Comment


          #5
          Luck is not enough here. Skelatons in a higher up in an area that would be helpful to me would be FAR more valuable.

          One Lansing atty had his wife expire, another lawyer had her 11yr old step-son murdered by a drunk driver (w/help of a retired state cop) that does favors for dirty locals, to shut her up. An well meaning but not bar smart Ann Arbor atty who wrote in a truthful brief in a case regarding a judge who traded sex for judicial favors and took a 100k bribe plus a $1m credit line for judicial favors.

          Even county sheriffs are not immune. A So-Eastern sheriff is still in prison for not being dirty. He was convicted despite casino video proving he was not guilty and the woman lied.

          Michigan is a twisted state, but you find that in other states as well to some degree.

          I would rather write a federal brief than deal with the VA. I am so sick and tired of fighting battles, I NEED someone ELSE that I can feed the evidence to and fight the battle for me.

          I am also working on an abbreviated set of relevant Navy documentation w/outline for my VA MS doctor. I caught him in the hall last week at the AA VAMC and he is expecting it. I think I have a little better than 50/50 odds he will back me in my case. This is one of the things my Do-nothing PVA said they would do, but never did.

          If you want or NEED something done right, often ya just gotta do it yourself, even if you don't want to.

          Gomer ....Battle weary and ready to explode.

          Comment


            #6
            Gomer,

            Good luck with this. I do hope that you will be able to get S/C all the way back.
            Dennis

            The soul of a song will lift your spirits.

            Comment


              #7
              Thanks Sailor.......

              BUT..........

              The more I work on my case the more I think its nothing more than an exercise in stonewall futility. I have quite a bit of active duty documentation to back my claim, heck its THEIR records even.

              Health care at my VAMC is hit & miss at best (not unlike the Navy, if it don't bleed its ignored or you get GOMER'd by sick-bay). The more I look back, I still can not believe they eventually ran the testing for MS after decades of my complaining something else was wrong and actually got a slam dunk "long standing RRMS" Dx. (later reinforced with EVP, LP etc). I guess just getting a Dx that at long last connected the dots is a major accomplishment.

              I worked in avionics and had a couple bouts of color issues plus know diplopia which the Navy REFUSED to treat, no even prism glasses. Severe muscle cramps, left leg & knee problems were documented and dismissed.

              My Left hand problem was completely ignored as well as occasional falling for no known reason. imagine yourself on the flight line working on an aircraft and one hand cramps up into a useless uncontrollable claw. I was moved to hanger maint, then later to indoor I/M shop where it was always air conditioned (computers) for the remainder of my enlistment. Fewer problems & few sick call visits after that.

              My VAMC is a lot like the Navy. VA doc sends me to renal & urology (kidney function drop), both gave me the bums rush out EVERY TIME, then just over a week later at St Jo hospital in AA and an emergency procedure for exactly what the VA refused to even look into. Sent to P/T for manual w/c THREE times by VA doc... same-O same-O told OK'd but never happens. Told ordered local P/T was approved mid 2013.. nope never happened.

              I even wonder WHY I bother trying?

              Letters to senator.. no help.
              P/T said VA issue Golden scooter.. nothing, same with car carrier and lift NOTHING, not even a busted one for my old eBay special. I guess the late Dec 2013 ramp was only because they had an extra they needed to unload /spend before Dec 31.

              PVA does not even return a single call, ever. Another call to another VA help entity last week, told would get a call back.. as normal NOTHING! No even a call-back saying they could not help.

              At least the Patient advocate invited me into her office last time with a what can I NOT help you with today, and boasting how may vets she had NOT helped that morning. At least I knew the score before I entered and opened my mouth. At least some greet you, act and speak pleasant and then forget you were ever there before you even get out the door.

              I do not know WHY I even try, often I don't know whether to give up or blow up?

              Gomer

              Comment


                #8
                Gomer,

                Have you considered moving to some place else to have your claim handled there? I know my brother just had some real great luck with his claim out in OR. He filed for S/C for PTSD and hearing lose. After the exams they increased his S/C for his shoulder by 20% without him asking for it. Got 10% for tinitus, and gave him 100% for PTSD. He was getting 20% for his shoulder before.

                It took me 5 years to get my PTSD S/C. I ended up getting $72K for that. With the number of years that have gone by for you MS I think you would end up getting around $500K. Maybe that will motivate you to get fighting for this.
                Dennis

                The soul of a song will lift your spirits.

                Comment


                  #9
                  I can not afford to move for 1 thing. I have been in this house for over 25 years so lots of stuff, one collects over time. 3 of my kids live in state, one is in ohio. Come summer we will probably go into default on our 2nd mtg, unless something breaks.

                  I tried to re-fi under make home affordable, they even demand I re-qualify for existing mortgage, but told I did not have enough income. I am, so far, up to date on my home... the big carpet-baggers.. oops I mean bankers. bankers could care less. Some even make money by calling loans, tossing owners out on the street, and profit by claiming a paper loss...go figure. That's wally st for you.

                  I have too many battles to keep fighting. I got another VA letter today, telling me I need to make an eye apt.
                  I do not think I can afford to make it due to co-pay. With all these co-pays for useless clinics I had a year or so ago, I need to limit VA medical care.

                  I agree it could be worth fighting for, but can I last that long????

                  Comment


                    #10
                    I hope you can find the right attorney to do the heavy lifting for you. Your record keeping will very likely be appreciated.

                    You have done a lot for people here. I hope you can find a way to fight and win.

                    Comment


                      #11
                      "I hope you can find the right attorney to do the heavy lifting for you. Your record keeping will very likely be appreciated"

                      All I can do for now is hope?

                      While I probably have more records than most, some Navy records are MIA and a few things I know I have somewhere...but where????????

                      Tomorrow I am going to deliver, in person, so it does NOT get lost, some supportive records to my MS doc at the VA. He is there only one day a week. I am asking him to review my records and would appreciate any support he may be able to offer after reviewing my records. I included 3 full double sided pages of copies of records etc and a organized item by item list/explanation/description of each.

                      Working on this is both therapeutic and irritating/frustrating. It's also a good warm-up gathering and organizing for an attorney. I scanned a lot of my records and print them 2 pages to a sheet. I even included Navy eval reports to show what kind of sailor I was as well as that I was moved from flight line, to hanger to indoor I/M (air conditioned for the computers) work where I continued the rest of my enlistment. The indoor A/C environment was good for me and fewer sick calls from then on.

                      Being something of a pack-rat helps, but also makes things sometimes harder to find. I am getting to like myself less and less with this mess. Somebody says the wrong thing (trigger) to me and I am likely to over react in a not so nice manner. I made several VA related calls last week....yep not a single response of any kind.

                      I have been a fighter most of my life now, but I am so sick of it I am about ready to give up. on one hand I want to fight (old habit) or just throw in the towel and call it quits.


                      Gomer

                      Comment


                        #12
                        You asked, 'all I can do for now is hope?'

                        You can speak with an attorney, to find out what your rights are under the law, and what the practical likelihood is that you would succeed.

                        If there is a realistic chance of winning, I would like to see you get some professional help and win.

                        I think you will have a better idea what you can do, if you have that conversation with an attorney.

                        A list of what happened on what dates will be needed if you move forward. Some of that information may be here in your conversations on this board.

                        Comment


                          #13
                          Gomer,

                          I was down to about 2 month left in my accounts to be able to pay my mortgage before I got my S/C. And that was only because I had borrowed $$ from my brother to keep me afloat. I was skipping a lot of my Meds and appointment as well just to keep going.

                          Once I got before the appeals judge I knew they couldn't keep up the denials any longer since she put in the order for the re-evaluations that they could not just put "in their opinion" any more but had to give valid medical reasons.

                          I still have a couple of items under appeal (hopefully they will get me to 100%), but the DAV has been sitting on them for ages. Was told by the DAV that I would have to show that I was missing utility payemnts and the like before they would fast track my paperwork to get it back before the judge again. This is dispite that fact the Judge ordered things to be expidited.
                          Dennis

                          The soul of a song will lift your spirits.

                          Comment


                            #14
                            Sailor..... ten-a-c sounds a lot like wonderland, here.

                            Neither of my senators have done squat. My PVA has done almost nothing and even delayed my filling. As I see it, its largely a G.A.S. PEOPLE problem.

                            I have my old heavy St Vincent De Paul used special for use down-stairs (basement) where I spend a lot of time. Some parts are MIA and no cushion, so it not very comfortable, plus its a bit high for my short legs. Its been 2 months and no VA W/C so I do not expect the VA to come thru...as usual. Maybe I can find a really thin cushion, but then that will make it less friendly for my short legs.

                            Our AA VAMC DAV has a good reputation, but so far as I can find, only for helping vets that work there at/for the VAMC.

                            I dropped my letter w/supporting docs off to my VA MS doc today. Will he help??? Good question. Years ago, early in my working up my claim he said he thought my MS went back to my active duty. Now he has copies of Navy documentation of multiple MS type issues, in hand to make a factual support claim.

                            My VA nice MS doc has made several specialty clinic referrals. Urology & renal were a huge waste of time and MONEY. Another one I decided to not bother with. Got that issue taken care of locally. Last summer when I had a leg problem during his exam he asked, "how are you getting around at home?", but not so much as a single P/T or any other referral for anything.

                            It was my nicer GP that put in for the w/c evaluation with the useless P/T clinic last summer.

                            I did say, all I can do is hope, for a reason. No amount of common sense or rational logic can match the VA tactics; Example, the denial said there was no "proof" I have diplopia (I have had since I was 19), even though the VA is treating it, plus, its in their own records in black & white! How does anyone fight such twisted logic?

                            Gmer go figure?
                            .

                            Comment


                              #15
                              Gomer,

                              Yes TN is a lot like MI. It took almost 3 years before they scheduled me for any P&C exams.

                              For my knee the initial Dr. said in the report that my knee was S/C so they had me go to 2 more exams for my knee until they finally got a Dr. to say it wasn't S/C. So that was denied.

                              They did they same thing for my hearing but could never get a Dr to say it wasn't S/C, but they still denied it. My jod was Fire Control Tech and my sleeping quateres were right under the aft 5" guns. The judge immediately gave me S/C for this one.

                              When it came to my PTSD they only sent me for 1 exam. That Dr. said it was S/C (served in Vietnam) but they just ignored it and denied that as well on the grounds that I don't have a mood disorder since the Dr didn't specifically say I had a mood disorder. They converted my claim for PTSD to a claim for mood disorder.

                              When I finally got my hearing before the judge they didn't send her the records on my PTSD claim so she had to order a new exam. When I had that new exam the Dr. balsted the VA for not having already giving me the S/C and like the previous Dr said that due to my PTSD I am a hermit. I think the only reason they gave me the S/C was that they knew if the judge saw that report she would give me 100% on everything.

                              Maybe they have changed the rules there in MI like they did here. I use to get referrals from other doctors and nurses for PT and they like. Now it seems like they all have to come from my PC. OT felt I needed a scooter so instead of putting in a referral they send a message to my PC to have her put in the referral. But even then my PC didn't put in the referral. This was dispite falling in the exam room while seeing my PC. It wasn't until the S/W sent her a message to have her put in the referral that she actually did that.

                              My PC doesn't like to put in referrals for anything. It took 3 years to finally get a referral for my bladder control problems. I've been trying for 6 years to get a referral to the pain management clinic for my constant pain with still no luck. I also have a rash on my right leg and a constantly itching left ear that I can't get her to give me a referral for.

                              We use to be able to get our shrinks here to get things done. That is how I got into Neurology in the first place for my MS. But they changed the rules on that so they are no longer allowed to intercide on our behalves.

                              PS where did you get the flag for your scooter. I have been looking all over the place for one for mine with no luck.
                              Dennis

                              The soul of a song will lift your spirits.

                              Comment

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