VBA (Veterans Board of Appeal) Site Map Click here to return to VBA Preface.

    Talk about injustice: No group has done more to protect American values and preserve democracy than the more than 25 million living veterans of the U.S. armed services. Yet as recently as a decade ago, military vets and their families were routinely shut out of the justice system when disagreements arose over the benefits to which they’re entitled.     - Excerpt from "Soldiers of Justice".
IN THE NEWS
IN THE NEWS In the News Soldier's Helmet

Click here to return to VBA Preface. Site Map Index
Thailand Veterans Roster     Thailand Exposure
This is by no means an official VA website.
You get honesty and things you can use here.

Legal Disclaimer Notice     Fair Use Notice     "Claims Fixers"     Claim Guidebooks
Franco Brand Bull
Superman Franco
If you do not see
the Superman logo,
you can not be sure
whether you have
genuine (Franco) bull.
Vietnam Facts
"Thailand Exposed"
HERBICIDE DRUMS .. THE ONES WITH THE STRIPES ON'EM
AIR BASE DEFENSE
- VEGETATION CONTROL
'CONNECTING THE DOTS'
VETERANS APPEAL COURT RULING
Arguement @ Herbicide Agents sprayed on Base Interior ( Online)
    and
disspelling the VARO Myth @ direct exposure         Under Secretary/Benefits & Senator Akaka - Latest Bad News!

MILIARY.COM BENEFITS GUIDE:  2009 EDITION The Military Advantage, 2009 Edition
(Paperback)   by Military.com
Naval Institute Press   (400 pages)


Reviews:   March 7, 2009

FIVE STARS RATING   Military.com, author of this fine guide, has released its 2009 Edition and for those that like to have a good resource containing a "A to Z Content" of information (in one place,) this is the guide for you.     Otherwise, you can do the "grunt work" on the internet and find just about everything in the guidebook free.     Only exception is the hard work the authors take annually to make it comprehensive and easy to follow.
  - Franco, your Advocate Host

FIVE STARS RATING   All of the content in the book is available "for free" from the government - either in publication form or online. The problem is there are very few books that offer a one-stop-resource of all the info. The above book is put out by MMOA - not a goverment organization. The reitred almanac is also a great single source put out by another private organization - not the goverment.

THREE STARS RATING   Most all information in the world today is free... if you're willing to put in the leg work for it. The writers put in the leg work to make all of the information you'd have to track down into one book. Do I think they should be paid for their effort, yes, they're not a non-profit.

As a vet am I up in arms over the fact someone wants to make a buck off of us? No... they're offering a *service* that you can *choose* to take advantage of... or *not*.

MILIARY.COM BENEFITS GUIDE:  2009 EDITION
MILIARY.COM BENEFITS GUIDE:  2009 EDITION
Dear Member,

Thank you for the great feedback from my first e-mail. We are going through your responses carefully and I will get back to you on the results and what we intend to do.

This week, we released the 2009 edition of the benefit guide, The Military Advantage: A Comprehensive Guide to Your Military and Veterans Benefits.

This must-have book offers advice, shortcuts and insider tips to help you understand and access all your benefits including:     New GI Bill, Military Pay, VA Loans, TRICARE, Military Discounts, Family Support, Transition Assistance, Professional Development, and more.

Your service to our nation has earned you excellent benefits and this guide will help you use them.

Get a copy on Amazon.com.     The Military Advantage is also available wherever books are sold.

Distinguished Military Website Thank you and I hope you continue to enjoy Military.com!

All the best,
Distinguished Military Website MILIARY.COM BENEFITS GUIDE:  2009 EDITION
T. L. McCreary, Rear Admiral U.S. Navy (ret)
President of Military.com

Legal Disclaimer:   as a member of Military.com, the above was taken from an announcement email received March 8, 2009 and published for your benefit as a military veteran.     Other information was provided by Amazon.com.     Franco has no business interest, or affiliation with either organization.

The Military Advantage, 2009 Edition is the most current and complete guide to military and veteran s benefits. Written by Chris Michel, founder of Military Advantage, the nation's largest military and veteran membership organization and backed by the resources of Military.com, The Military Advantage,2009 Edition is the most reliable benefits guide available for the over 30 million Americans who have answered the call to serve in the nation s military. These valuable benefits include billions of dollars in scholarships, educational benefits, VA home loans, thrift savings, life insurance, allowances, allotments, retirement pay, disability pay and military discounts. All too often the many benefits earned by the millions of Americans serving in uniform or retired from military service are overlooked or go unused. This book unlocks the availability of every benefit, allowing readers to make the most of the military experience whether they are active duty, veterans, military retirees, or family members. Straightforward in its approach, this fully up-to-date, easy-to-use guide is filled with insider tips, little-known benefits, shortcuts, and answers to frequently asked questions. For example, it is the first reference to offer a complete informational guide to all of the new educational benefits just authorized in the post-9/11 GI Bill and it reflects the very latest information on such topics as loans, health care, professional development, travel and lodging, training resources for spouses, and transition to civilian careers. Drawn from the resources of Military.com, the most trusted name in the military community, The Military Advantage, 2009 Edition is the one essential resource for everyone with military or veterans benefits. This reference guide is the newest edition of the most complete guide to making the most of the military experience whether one is on active duty, a veteran, a military retiree, or a family member.       ISBN-10: 159114499X     ISBN-13: 978-1591144991     Larger Photo

About the Author

Christopher P. Michel is founder and former chairman of Military.com and president of Affinity Labs. He holds an MBA from Harvard and was a P-3 navigator in the U.S. Navy and later worked in the Pentagon as aide to the chief of the Naval Reserve. He is the author of the previous editions of The Military Advantage. He lives in San Francisco.

Terry Howell is the Managing Editor for Benefits for Military.com. A retired Coast Guard Chief Petty Officer, Terry used both traditional and non-traditional education methods to earn his Bachelor of Science degree in Management and Communication at Western Baptist College while on active duty. He is currently using his GI Bill benefits to pursue a MBA at Corban Graduate School.
 
Veterans Survival Guide Claim Denied, Appeals Veterans PTSD Handbook

Note:   we do not receive
book referral commissions
for these suggestions.
Amazon.com offers
special discounts
for group purchases.


(Click on bookcover
to go to Amazon.com
for more information.)


SP/6 Picchione -- your Veteran Advocate The Veteran's Survival Guide:   How to File and Collect on VA Claims
Second Edition (Paperback)
by John D. Roche (Author)

Veterans's PTSD Handbook:   How to File and Collect on Claims
for Post-Traumatic Stress Disorder (Paperback)
by John D. Roche (Author)

Claim Denied!:  How to Appeal a VA Denial of Benefits (Paperback)
by John D. Roche (Author)     Coming this November, 2008

THE VICTIMIZED SOLDIER WAITING FOR COMPENSATION

Understanding Veteran Benefits     VA Home Loans
Court Docket     Congress Legistlation     Major Links
Articles         Cover-Up Central     Excerpt Links
Official VA Site, articles, b.s., etc.
External Link References
Congressmen supporting Vets
"The performance of the United States
Department of Veterans Affairs
has contributed substantially
to our sense of national shame
,"

"[the] VA did not re-examine previous claims from veterans suffering from the ailment,
nor did it pay them retroactive benefits,"

Veterans Brotherhood
"We would hope that this litigation will now end, that our government will now respect the legal obligations it undertook in the consent decree some 16 years ago, that obstructionist bureaucratic opposition will now cease, and that our veterans will finally receive the benefits
to which they are morally and legally entitled,"

- Judge Stephen Reinhardt wrote in the court's opinion
(9th Circuit Court/San Franciso)     Society turns its back..

VARO/WACO-TEXAS MAKES ADMISSION
TO USE OF HERBICIDES IN THAILAND
@ USAF CHECO REPORT!


FOX GUARDING THE HENDHOUSE
Fox guarding the money ... err henhouse!

    Over the past three years that I have been fighting the V.A. for my disability benefits, I have learned a lot about the attitude, need for reform of the broken system and how congress has provided the authority and entrusted the benefits to our veterans by mistake.

    You can not expect an agency based on political appointments (and motivations) to serve the needs of those that served in our military (for all of us.)     It is called the "All-volunteer Army" because we have done away with the draft.     That may be so, but it still does not condone the actions and need to reform and terminate the management level of the existing V.A. agency.

    The V.A. refers to rulings made by the veterans appeal court as "opinions."     Yes, loosely put, they are the opinions of the judges ruling on a veteran's claim," but like the provisions in Title 38 U.S.C. legilated by our Congress, these interpretations of the law become a part of the existing law often referred to as "common law" or "policy."     V.A. policy should be modified based upon all rulings present and in appeal until such time that the ruling is reversed by the Federal District Court.     The behavior of the V.A. entrusted with our financial benefits is a national disgrace.     Selectively, usually those rulings with minimal impact, are followed, but others are unlawfully put on hold (without a formal motion filed with the same court that made the ruling.     Complete disgrace.

Franco Picchione   (702) 363-3290
Advocate for Veterans with special interest for Thailand veterans

For more on this (pitiful) shit, read Air Force Times recent article about "Crap in; crap out ...",
GAO report on VA Claim Backlog due to "inadequate training."     .. fire their sorry asses.

The American (Fighting) Soldier .. War brought to you by Bush .. back in D.C. The Spirit of the Soldier
is to live everyday
beyond the call of duty!

Our Creed
is to leave no one behind!

The Soldiers got it right, but their leaders and politicians
couldn't read a history book to save their b#%tt!
On the backs of those that served ..

Vietnam Era Veterans, * a lost generation of warriors ..
using images of soldiers today, a tribute to those before them ...
* Including Thailand veterans, and those with duty in many other posts in Asia. **
** Including offshore Navy personnel.


Duty, Honor & Country ...

"The V.A. is denying thousands of Vietnam Era vets their due ..
Give me back my health -- and, you can keep your stinkin money!"
- Franco (Advocate of Veterans' Justice)

CLICK HERE TO GO TO STINKIN MONEY AND DID YOU KNOW?
"Non sibi"
CLICK HERE TO GO TO STINKIN MONEY AND DID YOU KNOW?






MILITARY STOLEN VALOR
To report suspected fraud involving veterans benefits, other crimes
such as Stolen Valor, fraud, waste or mismanagement in the VA,
contact the Office of Inspector General Hotline
at 1(800) 488-8244
or email at vaoig.hotline@forum.va.gov
or write to VA OIG HOTLINE, PO Box 50410, Washington, DC 20091-0410.


Attention! -- GO HERE!
If you missed something .. a link .. a photo image
don't cry on my shoulder!
I had a guy call me, ie, "Sawadee, Kahp,"
said he was in my unit,
was sick now; needed some help,
and could I print out a few things for him
(and, of course, mail it to him (flat mail))
I said:   "Sure, in your dreams."
Who was this guy?   He eventually retired
from the army .. a first sergeant???

This guy needs some help .. in more than one way ...
 
COVER SHEET - FUTILE Major Links

USC     United States Code (Laws)
NOVA logo
Legal Terms         Pro-Bono Services

CFR     Code of Federal Regulations (VA)

Preface - [Veterans] Board of Appeal (VBA)

FOIA - Freedom of Information Act Offices

DOD     Air Force *     Army     Navy     Marines    

* AFDO (Air Force Declassification Office)
    Sara MacLeod, FOIA Clerk;   Linda Smith, Director
Agent Orange Drum and a Soldier
Table of Contents     Veterans Board of Appeal (VBA)

Case Studies     (BVA Rulings)

Filing your Claim     (Read me first)

      Outside Vietnam -   Presumptive Diseases   (Herbicide exposure)

Claim Supporting Documents   (Lessons Learned)

PRINT CHECO BASE DEFENSE IN THAILAND REPORT EXTRACT IN SUPPORT OF YOUR THAILAND VET DISABILITY CLAIM Thailand (Exposed   (Photo Evidence Sheets)

HERBICIDE PHOTOS TO KNOCK YOUR SOCKS OFF! Thailand Vets     .. for equal treatment         Agency in Contempt

Exposure to Herbicides in Thailand   (USAF CHECO Report)

DOD List Fax     Claim Denial   (Based on List)     VA AO Review Article

11 Oct 07 Phone Notification   The Confrontation   (with DOD contractor)

30 Mar 08 .. 6 months later .. VA E-Form   (Question)     Contact VA

11 Nov 07   Senator John Ensign's Assistance   R-NV     "It's time for arty!"

Affidavits for Intransit Via Vietnam in Support of Claims

Thailand Vets     .. plan for denial (and appeal)         Thailand Vets     .. Trilogy of Hypocrisy

It started with Asia and Guam, Okinawa, and Thailand   (Scratch that)

    Add:     CNews (Canada) Article 8/25/07 Military Test Spraying,   AP Press Update 7/24/07 .. Alaska,   Hawaii  (.. for North America, less uncovered in Panama,) and back to Asia with a joint letter from PACAF (8 Sep 66) uncovering Taiwan - Okinawa - Phillipines.     How many more (areas) -- just not declassified in govt documents yet?     Take JUSMAG/Thai Policy Memo declassified 3 Dec 07 -- after my last submission on my behalf by Senator John Ensign.     I mean, what is a disable veteran claimant supposed to do (or prove) when the government hides the facts?     Directive #J :   "Approval to conduct soil sterilization and/or defoliation operations on or around U.S. occupied installations"     [on] means "on the base" and [around] means "the perimeter."     Simple.   No rocket science there.     Will someone please explain that to the DOD/VA staffers???     Evidently, the memo directive approving such operations is written above the 4th grade level.     [U.S. occupied installations] means "where Thailand veterans were Classied Secret stationed."     DOD position on the "Use of Herbicides Outside Vietnam" doesn't understand.     See SAF letter to a Congressman, and the USAF CHECO Report (still classified "SECRET") that does not imply, but explicitly stated the use of herbicides there, ie, "U.S. occupied installations."

For more on the Thailand cover up, see Thailand (Exposed) for photo evidence as well as a summary of what we know from declassified govt documents.


Read First -   VARO/Reno Response

Thailand Vets     .. Chapter 2 -- USAF CHECO Report (Senator Ensign Initiative)


Priesman Claim - WACO TX RO ADMISSION @ USE OF HERBICIDES IN THAILAND

Atrocity of Justice *   .. over a year later and counting

* From DOD List on the "Use of Herbicides Outside Vietnam," and the Thailand placating entries for minor testing, quote:   "[in] remote areas of Thailand, and not near U.S. personnel"   [1964-65]
For more on this cover-up fiasco, see Thailand Veterans Mistreated.

Case Review (CHECO-based Claim)     District Congressman Rebuttal     Supporting Extract

Re-opened Claim (Denied SC) Olson, Mark

Direct Cause (Outside of Vietnam) vs. Presumptive Law Provisions (Vietnam, ie, tour or visit)

VA Guidelines:     What If I Was Exposed to an Herbicide Outside Vietnam?

Thailand Vets:   Army is a disgrace, ie, disclosure (of use of herbicides in Thailand)

Army .. SECRECY .. Blocking online library to public ...

"Army suggest discontinue counseling.."

Key U.S.C. Sections for Discovery

Concealing official military documents, reports, etc. that will assist claimants in providing evidence of the use of herbicides is a major fraud (upon the agency.)

U.S.C. TITLE 18 - PART I - CHAPTER 101 § 2701

§ 2701  Concealment, removal, or mutilation generally

U.S.C. TITLE 44 - CHAPTER 31 § 3106   (Obligations of Agency Secretary)
§ 3106  Unlawful removal, destruction of records


DOD plus VA equals Thailand Vet Denial

COVER SHEET - STUPID
Granted Ruling     .. BVA/WACO - Thailand

Granted Ruling     .. BVA/WASH DC - Thailand   (Pay Stub)

Granted Ruling   .. on testimony alone   Part 2 - Winston-Salem, NC

Granted Ruling     .. on testimony alone - Des Moines

Evidence of Service in Vietnam   .. stepping foot in       Mac Flights

Article on Leukemia veterans       Complete Judge's Opinion       VA Lawsuit (Lack of Care)

Diabetes contracted by vaccinations     Research on Navy Personnel
 
Your Rights to Appeal   VA Form 4107    Page 1     Page 2

WHAT TO DO NEXT .. RIGHTS OF APPEAL
ADDITIONAL EVIDENCE SUBMISSIONS

Class Action Lawsuits

Veterans For Common Sense and Veterans United For Truth, Inc.

R. Edward Bates, Attorney at Law
A veteran of
in-the-trenches
pro bono work


1-800-545-4950
Local - (630) 255-2090
Naperville, Illinois

Claim Denied -
Contact us @ Appeal
No charge to veteran
Rating Adjudication


Concentrated Area of Expertise -
U.S. Court of Appeals
for Veterans Claims *
Washington, D.C.
* [After] Denial at Veterans Board of Appeal
P.O. Box 894   Naperville, IL 60566-0894
  2212 River Woods Dr   Naperville

 
Articles     Online Lawyer Resource
COVER SHEET - BULLSHIT
Legal Counsel     Veterans Board of Appeal (VBA)

"Soldiers of Justice"       Veterans' Articles and Comments

Official VA Help Line Report

Las Vegas Town Hall Meeting
  with VA OIF/OEF Panel
"Every Vet should be represented by a lawyer." - Franco

 
VA FOUND SHREDDING DISABILITY CLAIMS BY VAOIG Veterans cry foul about lost documents, and filed claims,
but the V.A. always denies it.     Who's right, or wrong???


VA Investigation report by NAUS 10/17/08     See also In the News update.


WAR BACK HOME:   SOME STILL FIGHTING
Vets can face hurdles securing the benefits they earned

January 11, 2009   Las Vegas Review Journal by Frank Geary


Nation Magazine How the VA abandons our vets
 
September 15, 2008 The Nation Edition

Veterans have an uphill battle...

The reason, he says, is that there's a "power disparity between the VA and the veterans who are seeking benefits from the VA."

Veterans are not allowed to meet with the ratings officer who decides their case. In fact, the VA guarantees all its raters complete anonymity; veterans are never told who is judging their claim. Without a face-to-face visit or telephone conversation, raters make their decisions based solely on military documents and medical records.

Legally, raters are required to accept doctors' diagnoses. But in practice, some don't.     As Jimenez learned, some raters substitute their own medical judgment, though they have no medical accreditation.


Quote Source:   Above Article   "How the VA abaondons our vets" Nation 9/15/2008
See also Authority Abuse in the matter of a VARO/St Petersburg claim, first denied, and then granted, miraculously.     Why?     Follow the link.

Betrayal (Continued)

Groups decry DoD ‘betrayal’ of vets   Army Times  August 29, 2008
 
Wounded Warriors
facing a battle on the homefront

"[your srapnel injuries] are not service connected."
Official VA notice letter physically has signature of signee cut out of paper; mailed.

The documentary reveals the "service" those that served gets when they come home a casualty of war and the dispicable 62-year old (excuse) disability rating system the VA uses.
Note:   the above wounded Marine received less than
100% disability rating initially.
Source:   CNN Documentary Nov 17, 2007, "Waging War against the VA"


The Oregonian Newspaper
'They're stalling me until I die'
John Atkins, who has late-stage leukemia, fights his last battle -- paperwork
In defense of the V.A.

At some point, Atkins enlisted the help of Sen. Smith to light a fire under the VA.

On March 14, Smith received a letter from Gerard F. Lorang, then-director of the VA regional office in Portland, about Atkins' claim. Noting that Atkins' cancer is terminal, Lorang told Smith that Atkins' claim would be expedited.

Lorang has since retired, and Atkins has yet to receive any money.



Senator Daniel Akaka

Bulletin:   Senator Akaka introduces legislation to amend the law on presumptive exposure during the Vietnam War in favor of the V.A. to affectively void this 9th Circuit and other Board of Veterans Appeal Court rulings favoring veterans, eg, Haas, affecting the disability rights of 832,000 vets (denied.)
    Pending Senate Floor vote (to be published in its entirety later.)
    Details     The V.A. couldn't win thru the courts, so they get a "friend" in Congress to legislate what they need to screw the vet.

For a Senator that is supposed to serve his constituents interest,
he sure has a funny way of doing it.
The main island of Oahu probably has more Navy personnel
than anywhere else in the United States and the world.

“Personality Disorder": A Deliberate Misdiagnosis To Avoid Veterans’ Health Care Costs!

And from VA Watchdog Hall of Shame,   "THE VA'S BIG LIE - PTSD IS CURABLE"
 
Excerpt Links

Wall of Shame   Hall of Shame     Images of Soldiering
Equality for those that served in the Navy offshore
Toxin Contamination of Groundwater Table

Preparing for Congressional Hearing

Haas Ruling     Vietnam Era Class Action

Ruling Background
    "It's all about the money!"


May 8, 2008 - Haas ruling overturned
  at District Court
  .. (politically) predictable.


January 16, 2009 Bulletin:   U.S. Supreme Court will not hear arguements in the Hass case.


Akaka Legislation v. Haas Court Ruling for Offshore Navy Personnel
- the "Bluewater Navy"


For detailed information on Mesothelioma and Veterans please see the resources at the Mesothelioma Cancer Center

Ribaudo Ruling     On Petition for Extraordinary Relief w/memorandum rescinded *

SP/4 Pat Tillman Ribaudo Order     On Petition plus VA Injunction
  and Appeals move forward w/Haas
    NVLSP Info

Stay Instructions     Distributed to all Regional Offices

VA Unlawful Stay     Distributed to all Regional Offices

* VA Unlawful Stay     Memorandum

SP/6 Picchione -- your Veteran Advocate   Government Cover Up's and the Scandals
  Okinawa 1998 BVA Ruling Cover-Up     Panama
  Anderson AFB/Guam Ruling     Alaska     Canada
  News Articles   Air Force Reports .. more cover up's

.. for every real war hero,
    there is at least 2 or 3 "wannabe's"   *
Florida wannabe
*   I didn't say he wasn't a vet.     .. just not a war hero.

Leave it to the State of Florida to jail a vet with serious insecurity issues.
 
Cover-Up Central     U.S. Veteran Dispatch Staff Report - November 1990 Issue

Operation Mist Drift     Project Pink Rose     Defoliants dumped on people ..

Chemical Company Employees     State Department Exonerates ..     Use of Chemicals in Vietnam

Advantages versus Disadvantages Discussed     Orange Aerosol Discovered

Study Canceled     Plants given cancer ..     Army Experiments with Deadly Defoliants

Rainbow Herbicides     Six to twenty-five times stronger     Makers knew of danger to humans

Concern over dioxins kept quiet ..     Air Force knew of health danger ..

Military downplays use of herbicides ..     Lab Tests on Animcals curtailed ..

    Vets begin developing health problems ..     EPA bans use of Agent Orange in U.S.

Class Action Suit Filed     Times Beach     AMA downplays dioxin danger

Studies contradictory and confusing     Lawsuit settled - Vets win, but lose ..

Test results continue to be mixed     White House Cover-Up     Study called a fraud

Montgomery holds up Agent Orange legislation     Bizarre Finding

House Committe says study flawed     Politics and Money more important ..

Some defy CDC Study     Brief History of Agent Orange     Government plays waiting game
 
Wall of Shame

R&R in Thailand for Vietnam Personnel       Mac Flight Data     .. sample sheet

Mac Flight Data Wanted     .. circumstantial evidence

Who is Franco     .. Michael Moore's skinny counter-part .. almost .. skinny

UNCLE SAM WANTS YOU! .. SPRAY ON - BRO ...
Official VA Site and other Official Records Sites

  Geographic Means Test (GMT) Income Thresholds Table Index

  News Reports         Other VA Links     .. on adjudication, etc.

Correcting Military Service Records and Discharges

DFAS Info     .. Finance Records *       Selecting a VSO     .. emphasis on competence

State Sponsored VSOs, eg, Nevada

How to Request Military Service Records or Prove Military Service

* Thailand Vets -- your pay voucher can prove you were in Vietnam
with "CZ" combat zone tax exempt annotation on the pay voucher
(for appropriate period, eg, January, 1968.)     "EM CZ JAN 68"

 
God bless our Troops External Link References

Washington Post Newspaper online


Larry Scott
VA Watchdog
Website
Under the Radar
Key Links

What promise to veterans?

Are widows/survivors forgotten?
Jim Strickland's Veterans Benefits Guide
Veterans Unemployability Benefits

Jim Strickland
Vet Advocate
Articles
Veterans Medical Malpractice Attorneys
Blue Water Navy Site
Update Log

National Veterans Legal Service Program
Attorney Fees     38 USC 5904     38 USC 5905

NOVA logo

UDM Project SALUTE
University of Detroit Mercy Law School
Pro-bono Legal Services available anywhere

AgentOrangeQuiltOfTears.com

RAO BI-MONTHLY BULLETINS       VA Healthcare System   (Report Card)

Lt. James "EMO" Tichacek, USN (Ret)
Director, Retiree Assistance Office
U.S. Embassy Warden & IRS VITA Baguio City RP
PSC 517 Box RCB, FPO AP 96517
U.S.A.: (951) 238-1246     Cell/Phillipines: 0915-361-3503     Email     Website           Member of
AL/AMVETS/DAV/FRA/NAUS/NCOA/MOAA/USDR/VFW/VVA/CG33/DD890/AD37
Capital Hearings dot-org by C-Span
Congressional Representatives     House Hearings

Groundwater contamination due to toxins/agent orange NVLSP Comments
on VA proposal to rescind "offshore duty rule"
as provided for in M21-1 Adjudication Manual
to a position unfavorable to claimants

Distilled Water Discussion -


  Potential pathway to exposure to dioxins   Continued   Footnotes   Example of Runoff

  Conclusion   What the U.S. Navy knew and didn’t [or wouldn’t!] tell us.

Congress Intent

  Intent as to 38 U.S.C. 1116     Intent as to AOA     Intent as to minutes exposed to herbicides

  Scientific Analysis lacking by VA     Egregious Conclusions


    Veterans Resources
Moveon dot-org

VETERANS ALERT DOT-COM

 
Court Docket   "Keeping them honest"

    In this section, you will find references to key court cases and/or excerpts in an attempt to "keeping them honest," ie, watchdog.

Soldiers of Justice Vietnam Era Class Action Denial:   Secretary Nicholson should be proud of himself.     He has managed to deny the entire class of Vietnam Veterans their rights to disability benefits with, first, an unlawful stay of the Haas ruling, and then finally an injunction which will indefinitely hold things up in the Federal District Court, or at least, until the 832,000 veterans affected die.     Click here.

    [How] is it known that these veterans could not be entitled to service connection based upon other theories?     There is simply no way to know the answers to all of these questions until such claims are adjudicated.

- Judge in Ribaudo Order 4/13/07

Survivor Lawsuit:   (Excerpt)   VA DUTY TO VETERANS' FAMILIES:   Army veteran Arvid Brown, while serving in Saudi Arabia during the Persian Gulf War in 1991, was bitten by sand flies and contracted the parasitic disease Leishmaniasis.     Sand fly bites are the most common vector by which this infectious disease is transmitted to humans.

    Upon discharge from active duty, Mr. Brown of Flint was treated at Michigan VA hospitals for service related symptoms on over 50 visits.     The VA never looked for Leishmaniasis as a cause of his symptoms, ignoring his service and medical history.

    He was finally diagnosed by a private physician in Michigan with Leishmaniasis in 1998.     His wife was infected with Leishmaniasis because no one ever diagnosed Brown's and told him of the infectious nature of this disease and its ability to be transmitted by sexual activity.     Mrs. Brown gave birth to two children both of whom were infected with Leishmaniasis in the womb.

    As she struggled to care for her husband and look after two young children with cerebral palsy, her own health rapidly deteriorated. She died at home of cancer.

    His wife and children sued the VA under the Federal Torts Claim Act in SEP 04 because they were infected with Leishmaniasis.     The Government sought to have the case dismissed claiming that the VA owed no duty to the Veteran's family.     The family claimed that VA doctors committed malpractice in not diagnosing Leishmaniasis and failing to warn the wife that the disease could be transmitted to her and the children.

    Judge John Corbett O'Meara of the United States District Court, Eastern District of Michigan, denied the Government's Motion for Judgment on the Pleadings which claimed that the Government owed no duty to the family of a Veteran in an Order dated 18 JUN 07.     The Court, relying on Michigan law, concluded that VA doctors do owe family members a duty to warn of risk when patients present with symptoms of a disease that is well known to be contagious.     A duty of reasonable care may arise on the part of the Government.     The case against the VA will continue and the parties have agreed to try the issues of liability in the fall of 2007.

[Source: Detroit News Paul Egan article 19 Jun 07 ++]


World War II Disgrace:   (Excerpt)   FILIPINO VET INEQUITIES UPDATE:   The Senate Committee on Veterans' Affairs on 27 JUN approved legislation authored by U.S. Senator Daniel. K. Inouye that corrects a wrongful action committed against Filipino veterans of World War II, and provides them with fair and equitable treatment.     Under Senator Inouye's provisions that are part of the Veterans' Benefits Enhancement Act of 2007, Filipino veterans of World War II would be officially restored to full veterans status, making them eligible for VA benefits and healthcare services that had been denied to them.

Here are the highlights of the Filipino equity provisions:

- Restores full veterans status to Filipino veterans of World War II who lost this status under the Rescission Acts of 1946. This ends a long-standing injustice, and fulfills our nation's promises to those who served.
- Pays Filipino veterans of World War II who suffer from disabilities incurred or aggravated by military service with service-connected compensation at the full rate, regardless of where they live.
- Permits Filipino veterans of World War II and survivors residing in the United States to receive pensions and death pensions paid at the same rate and under the same conditions as U.S. veterans.
- Provides Filipino veterans of World War II residing outside of the United States a special pension and death pension paid at a lower flat rate which does not require documentation of income, assets, and medical expenses.

    The legislation has Filipino veterans and survivors residing outside of the United States being paid at a lower rate because pension benefits are not paid for disabilities related to military service.     They are paid to help improve the quality of life for wartime veterans and survivors with very low incomes.     Also, virtually all elderly Filipino veterans of World War II are expected to have income and assets - which if counted under U.S. rules - would make them eligible for pensions.

    Therefore, by establishing a special pension program that is simpler and less costly to administer, these veterans will not have their income and assets counted or medical expenses deducted in determining eligibility for the flat rate pension.     Another reason for the lower flat rate for Filipino veterans and survivors living outside of the United States: the wartime pension program requires monitoring and verification of income, assets, and medical expenses of pensioners.

    Income is verified in the United States through data matches with the Social Security Administration and the Internal Revenue Service.     These kinds of systems are not available in the Philippines.     The bill S.0057 now advances to the Senate floor for debate and vote.

[Source: Senator Daniel Inouye Press Release 29 Jun 07 ++]



Iraqi Veterans v. V.A.

Surprise!   Surprise!

Veterans of the conflicts today
have the same kind of issues with the V.A.
as we Vietnam Era Veterans do!   Click on Lawsuit for details.
Class-action Lawsuit for Iraqi Veterans

 
Congress Legislation

    And senators may go even further. Larry E. Craig (R-Idaho) is pushing a bill that would allow vets with service-connected disabilities to be treated anywhere they want, not just at VA hospitals.     -   Hope for a Veterans Windfall Above All Hopes

House Legislation   Contact   Email       Senate   Contact

Congressman Bart Stupak, D-MI, introduces legislation
    for "home delivery" of casualties of war ..


It seems the DOD is not set up to provide war zone to local airport service for our dead.
    Families have to drive, sometimes hours and long distances, to pick up the body of their loved one killed in the war for final resting place.     I guess our leaders haven't worked out the kinks in the logistics and find the issue more complex than you can spell "Haliburton."     This comes under the category of "What you don't know, can hurt you!"     This is as big a nation disgrace as the waiting period of up to six months to have a military funeral at Arlington National Cemetary with full honors.     Flag Bill

Spokane, Washington Congresswoman Press Release
Press Release     "Emergency-Room Roulette"     Veteran Dies After VA Staff Calls 9-1-1

Spokane VAMC -   More families say VA center refused to help in emergencies   Photo

Letters to the editor
"VA all that it can be"

In response to the letter from Mr. Bob Simmons regarding the death of Clinton L "Foxx" Fuller and the VA Hospital ("VA resources stretched," Oct. 11):

Mr. Simmons comments on the "free care" Mr. Fuller received at the VA hospital. Any man who fought in World War II, Korea and Vietnam paid for every checkup, shot, pill and any other care he received with his courage, blood, sweat and tears many times over. I know from experience that the VA tries to do the best they can with what they have. But every soldier, sailor and airman who receives care from the VA does not get it without sacrifice.
Soldier's Helmet
Jim Arnold
Spokane Valley

SpokesmanReview.com   Friday, October 13, 2006         See also Seattle Times

Veterans
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If you do not see
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you can not be sure
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This is by no means an official VA website.     You get honesty and things you can use here.

 
Attention! -- GO HERE!
For the record .. Vietnam Facts
.. that the V.A. will approve of
(- in defense of their fraudulent claims issue)

    The V.A. has long held that "wannabee's" come out of the "woodwork" in claims of being a Vietnam vet.     I had no idea that it was of epidemic proportion.     In fact, you probably know someone that claims that they "served in Vietnam" one or twenty tours ...

    First, let's take a look at some census stats and then all those outrageous myths (and then you wonder why courts do not allow hearsay.)     BTW, as a Thailand vet, I am not a Vietnam vet -- I served in SEA during the era of the (Vietnam) war; received the VSM, etc. which won't buy me a cup of coffee in the missionary line -- any fool can get that (Vietnam or otherwise, ie, draft-dodger Cheney and "decorated" air national guard pilot Bush.)

VIETNAM CENSUS STATS:  

~ 1,713,823 of those who served in Vietnam were still alive as of AUG 95 census figures.

~ In the AUG 95 census 9,492,958 Americans falsely claimed to have served in-country.

~ As of the August, 2000 Census, the surviving U.S. Vietnam Veteran population estimate is: 1,002,511. If this loss of 711,000 between '95 and '00 is accurate it equates to 390 deaths per day.

~ During this Census count, the number of Americans falsely claiming to have served in-country is: 13,853,027. By this census, four out of five who claim to be Vietnam vets are not.

~ The Department of Defense Vietnam War Service Index officially provided by The War Library originally reported with errors that 2,709,918 U.S. military personnel as having served in-country. Corrections and confirmations to this errored index resulted in the addition of 358 U.S. military personnel confirmed to have served in Vietnam but not originally listed by the Department of Defense. (All names are currently on file and accessible 24/7/365).

~ Atrocities: Americans who deliberately killed civilians received prison sentences while Communists who did so received commendations. From 1957 to 1973, the National Liberation Front assassinated 36,725 Vietnamese and abducted another 58,499. The death squads focused on leaders at the village level and on anyone who improved the lives of the peasants such as medical personnel, social workers, and school teachers per the Nixon Presidential Papers.

[Source:   NM e-Veterans News 9 Jan 06 - Research
accredited to Capt. Marshal Hanson, U.S.N.R (Ret.) & Statistical Source Capt. Scott Beaton;
RAO Bulletin April 15, 2008]

VIETNAM COMMON MYTHS:

Myth: Common Belief is that most Vietnam veterans were drafted. Fact: 2/3 of the men who served in Vietnam were volunteers. 2/3 of the men who served in WW II were drafted. Approximately 70% of those killed in Vietnam were volunteers.

Myth: The media have reported that suicides among Vietnam veterans range from 50,000 to 100,000 - 6 to 11 times the non-Vietnam veteran population. Fact: Mortality studies show that 9,000 is a better estimate. The CDC Vietnam Experience Study Mortality Assessment showed that during the first 5 years after discharge, deaths from suicide were 1.7 times more likely among Vietnam veterans than non-Vietnam veterans. After that initial post-service period the rate of suicides is less.

Myth: Common belief is that a disproportionate number of blacks were killed in the Vietnam War. Fact: 86% of the men who died in Vietnam were Caucasians, 12.5% were black, 1.2% were other races. Black fatality figures were proportional to the number of blacks in the U.S. population at the time and slightly lower than the proportion of blacks in the Army at the close of the war.

Myth: Common belief is that the war was fought largely by the poor and uneducated. Fact: Servicemen who went to Vietnam from well-to-do areas had a slightly elevated risk of dying because they were more likely to be pilots or infantry officers. Vietnam Veterans were the best educated forces our nation had ever sent into combat. 79% had a high school education or better.

Myth: The Common belief in the U.S. is that the domino theory was proved false. Fact: The domino theory was accurate. The ASEAN (Association of Southeast Asian Nations) countries, Philippines, Indonesia, Malaysia, Singapore and Thailand stayed free of Communism because of the U.S. commitment to Vietnam. The Indonesians threw the Soviets out in 1966 because of America's commitment in Vietnam. Without that commitment, Communism would have swept all the way to the Malacca Straits that is south of Singapore and of great strategic importance to the free world. The Vietnam War was the turning point for Communism.

Myth: The common belief is that the fighting in Vietnam was not as intense as in World War II. Fact: The average infantryman in the South Pacific during World War II saw about 40 days of combat in four years. The average infantryman in Vietnam saw about 240 days of combat in one year thanks to the mobility of the helicopter. One out of every 10 Americans who served in Vietnam was a casualty. 58,148 were killed and 304,000 wounded out of 2.7 million who served. Although the percent that died is similar to other wars, amputations or crippling wounds were 300% higher than in World War II ....75,000 Vietnam veterans are severely disabled. MEDEVAC helicopters flew nearly 500,000 missions. Over 900,000 patients were airlifted (nearly half were American). The average time lapse between wounding to hospitalization was less than one hour. As a result, less than one percent of all Americans wounded, who survived the first 24 hours, died.

Myth: Kim Phuc, the little nine year old Vietnamese girl running naked from the napalm strike near Trang Bang on 8 June 1972 was burned by Americans bombing Trang Bang. Fact: No American had involvement in this incident near Trang Bang that burned Phan Thi Kim Phuc. The planes doing the bombing near the village were VNAF (Vietnam Air Force) and were being flown by Vietnamese pilots in support of South Vietnamese troops on the ground. The Vietnamese pilot who dropped the napalm in error is currently living in the United States. Even the AP photographer, Nick Ut, who took the picture, was Vietnamese. The incident in the photo took place on the second day of a three day battle between the North Vietnamese Army (NVA) who occupied the village of Trang Bang and the ARVN (Army of the Republic of Vietnam) who were trying to force the NVA out of the village. Reports in the news media that an American commander ordered the air strike are incorrect. There were no Americans involved in any capacity. The Commanding General of TRAC at that time said Americans had nothing to do with controlling VNAF.

Myth: The United States lost the war in Vietnam. Fact: The American military was not defeated in Vietnam. The American military did not lose a battle of any consequence. From a military standpoint, it was almost an unprecedented performance. General Westmoreland said the war was a major military defeat for the VC and NVA. The United States did not lose the war in Vietnam, the South Vietnamese did.

[Source: NM e-Veterans News 9 Jan 06 - Research RAO Bulletin April 15, 2008]

And, for anyone reading this that falls into that (illustrious) category of "Wanna be's"

-- shame on you.     After 40 years, you still haven't got anything more to your credits than claiming you served in Vietnam [fill in the blank for # of tours.]

Franco Picchione - Thailand Vet
U.S. Army 16 Nov 66 - 17 May 77   SP/6 (Specialist Sixth Claas)
SEA/Thailand 17 Jan 68 - 10 Jan 70; Hawaii Army Natl Guard (1978)

Buk Frank, Your Veteran Advocate Korat '68 @ 21
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VA INFO FOR HOMELESS VETERANS

"All gave some ..
some gave it all." The Purple Heart

USARSUPTHAI
Notice:   command patch
may be worn as
"Combat Unit"
on Class A Uniforms U.S. Army Support, Thailand (USARSUPTHAI) Command Unit Patch
USARSUPTHAI
U.S. Army Support,
Thailand

Effective 1 October 1992,
AR 670-1,
Ch. 28, Para. 17, b (3) authorized
service members stationed
in Thailand,
Laos or Cambodia to wear
the distinctive unit insignia
on the right sleeve of
their military uniform
(combat patch).
Source:   519th Tiger Pawz

Award Authority
for VSM/VCM in Thailand
AR 600-8-22,
Ch. 9, Para 19

Vietnam Service Medal
The Vietnam Service Medal
Date Criteria

Vietnam Campaign Medal
Republic of Vietnam Campaign Medal
Eligibility

Meritorious
Unit Citation
Cross of Gallantry
Republic of Vietnam Campaign Medal Republic of Vietnam Meritorious Unit Citation Medal (Cross of Gallantry MACV/Army Units
same dates
VSM
Other Services
check your regs

Armed Forces
Expeditionary
Service
Medal
The Armed Forces Expeditionary (Service) Medal
AFEM History

Vietnam
01 Jul 58 - 03 Jul 65
(AFEM earned for Vietnam service prior to 04 Jul 65 may be exchanged for Vietnam Service Medal (VSM), but may not revert back to AFEM)

Laos
19 Apr 61 - 07 Oct 62

Cambodia
29 Mar 73 - 15 Aug 73

Thailand
29 Mar 73 - 15 Aug 73
(Only in 'Direct Support' of Cambodia)

Operation
EAGLE PULL
[Cambodia]
11-13 Apr 1975

Operation
FREQUENT WIND
[Evacuation of Saigon]
29-30 Apr 1975

Source


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to serve ..

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Only

Counselors
can only offer
free advice
based upon
experience. Vietnam Veterans Against War - V.A. Claim Counseling Intro Vietnam Veterans
Against War

Ray Parrish
USAF 72-75
(Counseling)

Important Tip

Medical opinions are crucial to winning claims.   In NSC claims, you can submit medical reports from doctors seen for your Social Security disability claim and vice versa.   Congress has ruled that service connection must be granted for certain problems if there is proof that the symptoms showed up within a specified period of time * (usually one year) after your discharge.   It doesn't matter how long it takes for the doctors to confirm a diagnosis.   When trying to prove service connection for other conditions,   be sure to tell the doctor that they don't have to be 100% certain that the problem is service connected, only 51% sure. Veterans are given the “benefit of the doubt” if the doctor thinks that the condition “is as likely as not” to have been caused by or present during military service.

* AO/Diabetes Mellitus
has no time limit
associated with onset
and
is presumptive
condition(s)
for Vietnam Veterans

On Medical Records,
Physician Opinions,
and Service-Connected
plus Secondary Conditions **

See V.A. CFRs

§ 3.304,   3.305,   3.306
§ 3.307,   3.309
and § 3.310 **
Vietnam Service - § 3.313 Physicals - § 3.326

More on CFRs

See USC Authority

Presumptions
Sound Condition -
§ 1111
Disease Relations -
§ 1112
Service Connection -
§ 1116
and
§ 1153 - Aggravation

§ 5107 Benefit of Doubt

38 U.S.C. § 5109
Independent
Medical Opinions


C.F.R. 38 § 3.326
(Physical) Examinations


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(Physical) Examinations


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