Vet-related Article Comments
Agent Orange Drum and a Soldier

"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.

PCS .. the Army way .. taxi service provided by the U.S. Air Force

SP/4 Picchione .. on the ground, MAC flight refueling on the way to Thailand "707 Freedom Bird"

SP/4 Picchione .. waiting for connection flight to Thailand from Vietnam/Ton Son Knut Enlisted Suite

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Other Citations

Remand *

"The principal question, given this change in the regulations, is whether the evidence shows he served or visited Vietnam in February 1974. If so, then the diagnosis of diabetes and a determination of the disease manifested at a 10 percent rate would entitle him to service connection for diabetes."

* Learn from ..

Phillipines

"2. The veteran had "service in Vietnam", as his plane stopped in Vietnam while en route from California to the Philippine Islands in March 1966."

The veteran has provided statements that on his flight from California to Thailand in March 1966, his plane landed in Vietnam and the doors of the plane were opened. Although the original travel documents submitted by the veteran do not reflect that his plane landed in Vietnam while en route to Thailand, one of the normal flight paths to Thailand from California included stops in the Philippine Islands and Vietnam. The Board finds the veteran's statements both competent and credible. Hence, the Board finds that the evidence is in equipoise on the question of whether the veteran had "service in Vietnam" as defined by regulation, and he is therefore entitled to the presumption that he was exposed to herbicide agents during service in 1966. See 38 U.S.C.A. § 5107(b) (West 2002); 38 C.F.R. §§ 3.307(a)(6)(iii), 3.313(a) (2003).

Other Granted Appeals

Peripheral Neuropathy (Lower Extremities)

Lung Cancer

Histiocytic Type Malignant Lymphoma

Diabetes Type II - Clark (TDY)

Diabetes Type II - Guam

Death

"A July 1995 lay statement, from L.D.S., indicated that the veteran had been stationed with L.D.S. at Ubon Royal Thai Air Force Base, Thailand, from 1971 through 1972. It was noted that they had flown together on AC-130 gunships and that they routinely flew multiple sorties in support of ground forces in South Vietnam during the North Vietnamese 1972 offensive. L.D.S. also recalled that they had landed in South Vietnam to rearm and refuel and that Ton Son Nhut Air Base, Saigon, had been their most frequent staging base."

NKP, Thailand
Immunoblastic Lymphoma

"Thus, having concluded that the veteran was exposed to herbicides while assigned to Nakhon Phamon from 1969 to 1970, not coincidentally concurrent with other entirely reasonable circumstances enumerated by the veteran, the Board finds that a doubt is thus raised which must be resolved in his favor, and in so doing, that service connection must be granted [for]"

RO Rebuttal
Deadline 16 Aug 07
.. come and gone.


Lesson One:   never write the V.A. with authority because they will stone-wall you every time; ignore the law, ie, above the law and in general,
cause you grief.

But, you've got to ask me first:
"Do I give a shit?"

Answer:   <bs> No.

When you are dealing with an agency that couldn't care less whether you die, get real sick, or in general, are poverty-stricten because of your service connection medical condition, wake up.

Snoopy Dog Franco


Trilogy of Hypocrisy



SP/6 Picchione -- your Veteran Advocate


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genuine (Franco) bull.
 
By Frank Picchione Email Frank with your Affidavit of intransit via Vietnam
Veterans Advocate Pro Bono Lady Justice marred by the V.A.





    Articles written about the various hardships veterans are suffering due to the V.A. policy of denying disability benefits are found in this section with the article comments.


Re:   Diabetic veteran battles VA for benefits
BY GEORGE PAWLACZYK
News-Democrat     August 27, 2007

COULTERVILLE --Charles Cassady, a former Marine machine-gunner in Vietnam, said that after 10 months of trying to get the Veterans Administration to make a final ruling on his disability claim, he has stopped believing federal officials.

"They just lie to you," he said.

The 58-year old Cassady's frustration was heightened on Thursday when he received a form letter from the VA's Chicago regional office, basically stating he was starting all over again and advising him to be patient.

Comments

When my husband returned from Vietnam, he needed pieces of shrapnel cut out of his back. The VA wrote to tell him his claim was denied because he couldn't prove it was service connected. The very next day he received a check to cover the doctor bill. Back then the left hand didn't know what the right hand was doing in the VA offices, and obviously that's still the case.

Posted by: Dena       8/27/2007 8:37 AM

Thats the one thing thats shames me about our wonderful USA...the medical care and well being of our service people ...active or retired...Why do these people who have laid thier lives down and survived be made to keep fighting even after they have retired or been discharged or been perminetly scarred or injured for the rest of thier lives...just for simple medical care...thats the LEAST we owe them... To have to fight again just to "stay alive" medically is cruel and heartless and just plain stupid...its bad enough affordable health care isnt available to the average person out here but to the men and woman who have fought and been perminetly injured or served our country it is just plain STUPID...service related or not our men and woman should never have to worry about health care for the rest of thier lives...and I say this even not having a retired or active service person in our countries service now...whats wrong with our government?...this is one HELL of a way to say thanks...alomost makes me ashamed to be from the USA

Posted by: BigMomma59       8/27/2007 9:49 AM

Anyone who serves in our military and is honorably discharged should receive the best health care that is available. And for FREE! It's the least we can do for these men and women who serve our country. I am less one grandfather (whom I never knew) and uncle because the VA gave them substandard healthcare and it lead to their deaths. My grandfather died from a botched surgery and my uncle died from a skin lesion that turned cancerous and was never treated properly. It would have been non-fatal had they removed and treated it early on. Instead they just let it go and it took his life. It's shameful the medical care our veterans receive.

Posted by: ANGRY AT THE VA!       8/27/2007 9:52 AM

I retired from the miltary after 21 years of service as an enlisted person. The government stolen my medical for life and now charge me for a scaled back medical plan. If I was an officer I could use the base clinic (we nolonger have hospitals on base). I siggest we get rid of some of the over paid Generals, stop remoldeling Officers QTRS and use the money for medical care for active duty and retired veterans.

Posted by: pissed off       8/27/2007 10:08 AM

As a Vietnam vet myself I think I have the right to comment on this. I am not sure how this all got started but the idea that military vets should receive money and free health care because someone gets sick years later and has failed to plan for their future baffles me. I have a friend that was in Nam for a year, like most of us, and has spent his lifetime not taking care of his body by eating everything in sight and now is a diabetic. He spent 10 years paying his own way and paying his own insurance then discovered he could receive a free handout from the government so he took advantage of it and retired early. Now he spends his days playing golf and eating at Hardys every morning with his friends and the poor American taxpayer keeps on working. If the guy failed to plan for the future and can't take care of himself he should be able to go on Welfare but call it that and not something he earned. I am not ashamed to be from the U.S. because an agency is trying to make sure they aren't wasting money.

Posted by: Still working to pay for those who won't       8/27/2007 10:30 AM

See Editorial Comments

I have been fighting for over 17 years to get what my husband was entitled to. They removed his military service from his Civil Service time which was the final blow. He died a few days later, he just couldn't take any more. As a survivor they have had me on a below poverty level income for all this time. I have asked them more than once when I am on the street and have lost everything what are they going to say gee I am sorry? He served in the military and he was entitled to have his military added to his Civil Service time. They destroy your life and your families life. The person in Costello's office that handles this military stuff doesn't do a very good job of pursuing your claims. When he died Casualty Affairs did nothing at Scott AFB, they told me I had to go to Ft Lenard Wood to get the paperwork filed. No one in this area would file anything or do anything. Of course since then I have found out that Scott AFB should have filed the paperwork, VA was no better, when he was alive or after he died, he had a disability and they refuse to recognize that the problem was worse and was a direct result of his military service. The only thing good about the whole thing is that he retired with a disability that they recognized and he did get paid for that,which stopped when he died, but they would not increase the percentage of his disability when he could not work any more. The whole bunch need to get their act together and quit playing with people's life. They are a disgrace.

Posted by:             8/27/2007 10:48 AM

You'd think the Feds would support any veteran of any war but it's all politics. They want us to fight "their" wars and then we pay the ultimate prices. Wait until this Bush War is over - the VA will be denying claims left and right.

Posted by:             8/27/2007 10:53 AM

I thought Republicans were supposed to be the patriotic supporters of our Veterans. I guess that's just more empty rhetoric that doesn't mean anything after the votes have been counted.

Posted by:             8/27/2007 10:55 AM

The VA's largesse for Type 2 diabetes is a whopping $225 a month, which is a 20% disability.

Posted by: anonymous       8/27/2007 11:23 AM

We were talking this stuff thirty years ago and they STILL aren't treating vets well. The only difference this time is, they are not being quite so hard on those of us who question these sad policies towards vets. Some still call us anti-war folks wussies for speaking out, but why shouldn't we point out the bad treatment of vets? Conservative war mongers are hypocrites. They don't care about vets. or they would use their political clout and wealth to end this crap for good. Get the right lawyer who can grease the right palms. I know a dude who spends his days watching porn, cruising rest stops for sex with men, and smoking/selling dope while his wife works. He applied for disability two years ago and has been denied...until he got a lawyer. He didn't even meet her until the hearing where they agreed he could be supported by taxpayers the rest of his life. They will pay retroactive from two years ago. The only thing that has changed is HE GOT A LAWYER WHO IS IN BED WITH THE JUDGE WHO GRANTS THE SS MONEY. The law firm told this guy he would get the disability pay. They told him down to the month when that would be, despite several turndowns. Now how did they know that? They know the game. This guy takes Viagra to swing with men and his wife and is healthy enough to build a camping deck and carry his gas tank to his boat on the dock, but he can't work to hear him tell it. He has pains, doncha know! We got him a job offer where he wouldn't even have any physical activity and he wouldn't take it. Now YOU pay while he sells dope, rides on his boat, and hooks up with guys for sex. And he isn't even a vet. he spent his younger years corrupting your kids with drugs and the cops know him as such. Best part is, he is now a rabid republican who denounces welfare and hates minoritites and democrats. Go figure! Get a lawyer who is as crooked as the fed authorities dude!

Posted by:             8/27/2007 11:41 AM

See Editorial Comments

I can certainly understand what your going through. I started my claim with the VA back in 1988 and didn't get my award letter till 1999.It was a long wait,and I was about to give up myself.Don't give up,fight this all the way,something will finally come through for you.I was also in vietnam with the 101st Airborne from 69-71 and did two tours in Korea.I later found out that "agent orange"was also used their and we didn't know about this till many years later.     I found out that writing congressmen and representitives for veterans seems to have more impact on helping with their claims than trying to resolve this on our own.I sure hope this issue will finally come to an end for you,you deserve to get all your entitled from the VA.

Posted by: tom wilson       8/27/2007 11:45 AM

It doesn't only happen to vets. My sister had diabetes and had to have her leg amputated. She still worked using a special chair for quite a while, but was denied SS benefits, even though she had heart issues, etc too. She helped others all her life and when she needed social secuirty help after paying into it for decades. she was DENIED BENEFITS. She passed away without ever being able to relax and let her treatments take effect without worrying about paying bills. This whole system in the US sucks! When I listen to my canadian and english pals talk, it strikes me our system hates taxpayers and plays them for suckers. Many other countries treat their citizens much better health care wise. Corruption abounds in this country's system of doling out the monies.

Posted by: Doggin' it for GB no more       8/27/2007 11:46 AM

People like Mr. Cassady would be able to get their payments if we would stop all the red tape. If you served in Viet Nam you should get treatment and disability payments for being their. We don't know the affects of Agent Orange over the long haul. It took me 5 years to get my military disability from the VA and I had it documented. It's a paper mill that has to stop.

Posted by: Dave       8/27/2007 12:01 PM

He needs to get ahold of a National Service Officer of the state that he lives in. Do not file the disability claim on his on directly to the VA but go thru a National Service Officer. It is not as hard as Veterans think, they are just not told how to go about the process. Let me know what state he lives in and I will help him contact the correct people to be of more help to him. My dad is a Korean War Vet and is a National Service Officer in the state of Ohio but each state is different. He can help me find the right person for you to contact. Please, I would like to help you!!!! email me at kpsdata2004@yahoo.com and tell me what state you live in and I will get the name and phone # of who to contact and get it right back to you.

Email Posted by: kim       8/27/2007 1:39 PM

Comments of Daughter

HI i am amie cassady i am charles cassady daughter he been fight forever to receive the va comp but it seem like the dont we are in the process of losing our house and both vechiles he cant sleep he cant eat he cry all the time so please some body help thank you

Posted by: amie cassady       8/27/2007 2:35 PM

the veterans need to get off the butts and do something quick about helping our veteran and our soldiers now so please do something

Posted by: veteran wife       8/27/2007 2:37 PM

Just because you served in a war in the distant past doesn't mean that I owe you a living or insuranse. Get off your butt and take care of your own problems by getting a decent job. I am tired of you dead beats always expecting a hand out!

Posted by: Ex GI       8/27/2007 7:27 PM

If you think it's hard to get help through the VA as a veteran, try being the minor dependant of a deceased retired veteran. Both of my children have been waiting on approval to get dependency and indemnity compensation. The VA doesn't want to talk to me, they want to talk with my severe hearing impaired minor child. So how can a handicapped minor child stand up and help themselves against the VA.

Posted by: tired of having to fight for the dependent's rights       8/27/2007 7:43 PM

Disability benefits are impossible. I served for four plus years in the Navy and i have loss my teeth, gall bladder poisoned my body and my health overall is sad and my mental state is destroyed. Can't get a good job because I wasn't able to work for five years now. My mom, bless her heart has protected, provided and prayed for me now for these five years. I've applied over seven years ago and still trying. God help we veterans... we've served and now we are forgotten. IN GOD MY FAMILY TRUST... in our government affairs there is doubt but hope keeps us believing our country will be okay and remember us who protected and gave freely for what our government says it is. FREE and RICH.

My mom is not rich, she has given all and now she suffers, when she should be enjoying her late years.

Posted by: Robert L. Compton       8/27/2007 8:55 PM

This is a sad story but I doubt $225 dollars per month is going to do much for these people. It may help some but does his daughter or wife work? The VA actually offers very good medical benifits to the veterans who go there. My father has had a knee replacement in St. Louis and they did a wonderful job. However, you have to go by the rules and show up when you have an appointment and wait in lines...but it is free.

Also there are many risk factors to type II diabetes. In a perfect world everyone would have free healthare. However, the sad realities of this world are that you have to work and if you can't work to support you self there are very few free lunches. It sounds like these people were not in a very good financial positon to begin with but I hope he gets the medical treatments and monthly pension that he is entitlted to.

Posted by: James       8/27/2007 9:34 PM

Reply to "EX GI" I guess you're not aware that type 2 diabetes is officially recognized by the U.S. Government as a side effect from Agent Orange exposure. By the way, "EX GI", the correct spelling is insurance - not insuranse. So I suggest you take a course in spelling-101 and leave us Viet Nam "deadbeats" alone. At least we can spell. I doubt you were ever in service, a real "EX GI" would never stick his own foot in his mouth as far as you have.

Posted by: Bill Watson       8/27/2007 10:19 PM

I sure hope Mr Cassady is letting the VFW, DAV, Am Legion, or Dept. of Illinois Veteran Affairs handle his claim. They know their business. If Mr Cassady is handling his own claim, he's in for a long, aggravating battle.

Posted by: Voice of Experience       8/27/2007 10:28 PM

I have type II diabetes, service connected, Agent Orange. I refiled the claim for increase, diabetes is agressive with age (72). The VA has told me all the stories I have already heard. My suprise was with a VSO representative. He did not see a problem with the VA loosing my records and all the other things we have heard. He said this happens in all other organizations so why get upset with the VA. The VSO Rep. is suppose to be an advocate for the Veteran, this rep is working for the VA.This is serious, the VSO rep. is retired military. What was his performance like in the military? My military did not tolerate ineffiency. What Next?

Posted by: BJSHORT36       8/28/2007 1:18 PM

I am a Nam vet diagnosed with Type II diabetes in 1996. My condition includes neuoprathy (numbness) in all extremetries. I filed for 100% disability in April 2006 and was given that status in October 2006. The process for me was relatively painless. I think the reason I had such a positive experience was because I went to the Local DAV chapter for assistance. My couselor was a disabled vet himself and had worked in the VA for over 20 Years. His reputation was that he knew exactly the right words to put on the papers that the VA likes to hear. I am very grateful for the aid given to me by the DAV. I have become a life member of the DAV. I would encourage any vet w/ health issues to seek counsel w/ the DAV, VFW, American legion, et al. rather than trying DIY. I hope my advice helps and encourages Mr.Cassady as well as any other deserving war vet.

Posted by:             8/28/2007 4:45 PM

Since I am in the same age group I know a lot of people that served in Vietnam and those that didn't. The one thing I see no matter if you were there or not, the people that took care of themselves and ate right and excercised over the years are ok and the ones that didn't are sick. The ones that saved money are retired and the ones that didn't are looking for a handout to retire early. I bet many of these people would be in the same condition if they hadn't been in the military.

Posted by: No free rides       8/28/2007 4:48 PM

I am a Nam vet diagnosed with Type II diabetes in 1996. My condition includes neuoprathy (numbness) in all extremetries. I filed for 100% disability in April 2006 and was given that status in October 2006. The process for me was relatively painless. I think the reason I had such a positive experience was because I went to the Local DAV chapter for assistance. My couselor was a disabled vet himself and had worked in the VA for over 20 Years. His reputation was that he knew exactly the right words to put on the papers that the VA likes to hear. I am very grateful for the aid given to me by the DAV. I have become a life member of the DAV. I would encourage any vet w/ health issues to seek counsel w/ the DAV, VFW, American legion, et al. rather than trying DIY. I hope my advice helps and encourages Mr.Cassady as well as any other deserving war vet.

Posted by: thomas Glotfelty       8/28/2007 4:49 PM
 
The V.A. does not care about Vietnam era veterans and if you doubt this observation, please visit my advocacy site for volumes on same.

####shop-las-vegas.com/VBA

Frank Picchione
Veterans Advocate
Las Vegas

Posted by: Frank Picchione       8/28/2007 10:12 PM

I would like to give a rebuttal to our friend's comments regarding hand-outs and free lunches.

First of all, if you have a service connected disability which makes it difficult for you to maintain a standard of living and apply for VA disability benefits years after the fact due to same, it is reasonable to expect the government to pick up the tab.

I would love to play golf and enjoy my senior years, but due to my exposure to toxins in S.E.A., that is only wishful thinking.

I won't go as far as to say that our friend is arrogant because he is healthy. No. He is just ignorant of the medical complications that many suffer from because they served their country and are truly victims.

Now, if you still believe that these people that become diabetic or cancers and die are free loaders, I can't help you. God be with you. You are one of the lucky ones.

And, for your fat friend that has diabetes, it sounds like you doubt the connection to his military service and due to his own indiscretions. You may be right. You may be right.

Frank Picchione
Veterans Advocate - Las Vegas
####shop-las-vegas.com/VBA

Posted by: Frank Picchione       8/28/2007 10:52 PM

Advice


In one of the comments was a reference to a disability rating of 20% for diabetes.     This should be considered a low ball rating where 100% to those that do daily multiple injections of insulin.     In other words, know your rights and understand the rating system after your disability for service connection has been granted.

See Part 4 of 38 U.S.C. SCHEDULE FOR RATING DISABILITIES--Table of Contents

CFR 38 Part 4 Section 119 Rating Schedules


Mr. Cassady, by all accounts, served in Vietnam; therefore, the application of presumptive exposure to herbicides would apply and diabetes (type 2) is considered a result of such exposure.     Why the V.A. wanted to make a "federal case" out of his claim; wait until he has financial ruin, does not make any sense.

The next issue brought up in the article is an old position the agency attempted to claim: the diabetes was not type 2, but type 1.     The only problem with this argument is that such a medical condition would be found in his military service medical records (SMR.) Type 1 diabetics require insulin injections from birth as their pancreas organ never functioned properly.     This determination for Mr. Cassady would also be easy to resolve and again, it does not make any sense why the V.A. chose to deny or delay award of disability benefits for his type 2 diabetes.

This is obvious an abuse of authority and discretion.     The only other explanation is incompetence and unfortunately, this aspect must be considered seriously.     It isn't the same thing as the "left hand doesn't know what the right hand is doing."     It is staffing that is incompetent.

Many veterans have been satisfied to receive medical care and treatment and forego their rights to disability compensation.     Like myself, Mr. Cassady seemed to wait, considering that the process would not take very long, and then the unpleasant surprise; ruin financially when he could no longer maintain a standard of living and the V.A. did nothing, but look the other way.

Granted, by the comments to this article above, there may be veterans that take advantage of the system and what you may feel is "living the life of Riley."     Only problem is for everyone that is a fraud, there is probably a hundred being wrongfully denied disability compensation today.     In fact, the Secretary Nicholson has obtained from the Court an injunction (stay) of processing any S.E.A. claim based upon award of the Vietnam Service Medal (VSM) pending appeal of a landmark court ruling over a year ago, Haas v. Nicholson (16 Aug 06.)

***   Secretary Nicholson said in his court papers that the potential claim impact may be some 832,000 (veterans.)     Is that right?     The judges awarding the injunction did not think so and reluctantly approved the agency motion.     The V.A. uses the power of the court to deny benefits unjustly to claimants, ie, due process of the law.     Right now, my appeal has been unlawfully put on hold because of the agency "errors."     For Contempt of Court details per Ribaudo ruling 1/9/07.

We are denied proper legal counsel (a lawyer,) from the get-go.     You can get a lawyer once your claim has been denied and adjudicated and be placed in a long backlog of court appeals and while you are waiting, the V.A. is normally not subject to any sanctions nor penalties and interest that you, as a taxpayer, would be with the I.R.S. if you were late.     We can thank Congress for that.     We can thank Congress for creating a vacuum once the claimant dies and the next of kin or widow has to refile for survivor benefits (forget the retroactive pay accumulated, that's gone.)

re:   DIC   (Dependent and Indemity Compensation)     Reference

Speak to a lawyer.     Find out what the law says about legal custody issues and your rights to speak on their behalf.     If you can not, a lawyer can (and should) represent them in their best interest.

And, to the wife of the veteran who needed pieces of shrapnel cut out of his back, what makes you think that the V.A. had a simple administrative error of "not knowing what the other hand was doing?"     No.     Somebody recognized that the injury of shrapnel, in and of itself, is a combat type injury and burden of proof considerations would be ridiculous.     After all, the V.A. doesn't want to look incompetent .. even though, they are.

Like Kim was saying, get yourself a National Service Officer/Veterans Service Officer with one of the fine VSO organizations such as DAV, American Legion, AMVETS, etc. and never file the claim yourself.     It really isn't so much the wording of the claim, but knowing what to include.     I am about to get a lawyer to finish what my VSO can not.

Bush preparing to ask Congress for another $50 billion for the war in Iraq

Evidently, this administration hasn't gotten used to a system of "pay as you go" and just wants to build a larger deficit for generations to come (without taxes.)     The DOD budget for 2008 is already mounting to over half a trillion dollars, but this V.A. can not find a few billion dollars to properly take care of its veterans.     See Washington Post article.     Does this mean the "yes man" report from the commanders in the field are going to report the surge is working and Iraq is a better and more friendly place to live?

    *** .. 832,000 veterans (affected) .. brings rise to many questions.

re:   How many claims will be decided before Haas is finally decided?     How many veterans suffer from a [presumptive] disease?     How is it known that these veterans could not be entitled to service connection based upon other theories?

"I agree with the majority's conclusion that the risk of irreparable harm to the Secretary (or absence thereof) weighs against granting the Secretary's motion for a stay. In short, I do not believe that the Secretary's expenditure of resources constitutes irreparable harm. VA's resources are limited only by congressional appropriations."

- SCHOELEN, Judge     Ribaudo order 4/13/07


Claim Denied
V.A. denies that first-time claims are automatically denied
.. oh really.     Story

"We're unbiased arbitrators of the law with regard to veterans' rights and also to taxpayer interest."

Now, that's genuine (political) bullshit!   - Franco


UNITED WE CONQUER - ALONE WE ARE DENIED
Remember ..
  "United we can conquer"
      "Divided we are denied.."

    Your support now will help bring Goliath to his knees.     Allowed to go unchecked, (intimidating,) we all lose.