Welcome to Veterans Voices — a blog that highlights stories about the men and women who serve our country, including active duty military and veteran. The blog is crafted by by award-winning writer Ken Olsen, author of Lasting Valor and frequent contributor to The American Legion Magazine and other magazines.
Veterans Voices- Post-Traumatic Stress and a Traumatic Brain Injury strain a marriage
- When doing everything right isn’t enough: A Marine’s suicide shows that even the unlikeliest veteran can fall through the cracks.
- The War Within: The battle against post-traumatic stress
- Brown Water Update: VA updates list of Vietnam Navy ships exposed to Agent Orange
- The War Within: Special Report on Post Traumatic Stress featured on WERE 1490 AM
- Brown Water Bungle: Paperwork error excluded hundreds of Vietnam Navy veterans from receiving Agent Orange benefits
- Toxic Legacy: A brief history of Agent Orange in Vietnam
- Broken System: Despite 30-year battle, federal court victory, Vietnam veteran’s disability claim remains unresolved
- Still Adrift: Congressional inaction sinks hope that ailing Vietnam Navy veterans will regain Agent Orange benefits
- Frank Buckles, last surviving U.S. World War I veteran, dies at age 110
The VA contends that Service Medical Records (SMR’S ) are not relevant to claims becuase they are for periods that are not covered by the law becuase they cover periods preceding the eligibility period. This newest twist is covered in Vet. App. No. 08-4333, Frederick L. Payne, Appealant, v. Eric K. Shinseki, Secretary of Veterans Affairs, Appellee. The VA states that evidence developed after separation is the legal evidence of record. If the VA decides not to address a issue covered by the service medical records then there will be no medical evidence of record after separation becuase the VA failed in its duty to provide a complete medical examination of all identified and unidentified medical conditions during the compensation and pension process.
This is exactly what the DVA is argueing in this particular case, becuase they failed to address issues during the initial examination and then failed to adjudicate the claim because of a failure to issue a Supplemental Statement of Case (SSOC) due to irregulartiy in mailing. The DVA mailed the SSOC to the wrong address, and now take the position that the claims of the veteran are unwarrented becuase of a lack of evidence.
I would certainly like the opportunity to discuss this again.
Does the proposed legislation resolve this issue?
A Update on case 08-4333 Payne vs. Shinseki, it appears the United States Court of Appeals for Veterans Claims agreed with the Veteran and vacated the Department of Veteran Affairs December 2008 deicsion and remanded the case back to the Lincoln regional Office for further development to include all service medical records.which the Court held to be the most relevant medical evidense in the file at the time of medical retirement. 19 years of fighting by the VA wiped out by the Court, and now it starts over again, hopefully it does not take another 19 years (Could be dead by then)
I’d like to invite you to take a look at “‘Like’ it for TIME” (LIFT). LIFT is a grassroots effort to get TIME Magazine to consider the military family as its 2011 Person of the Year.
Rudy Giuliani was chosen for Person of the Year following the September 11 attacks because he “embodied what was really most important, what we learned about ourselves, which was that we could recover,” a TIME editor explained.
The military family embodies what is most important, what we learned about ourselves, after a decade of war and multiple deployments: undeniable resilience and dogged support through year after year of painful, and sometimes permanent, family separations.
With the kind of attention this campaign is trying to generate, the military family will become a topic of conversation among the general public, people will take a greater interest in their experience, that interest will lead to a desire for more education, and that education will lead to awareness and – finally – empathy.
Empathy is needed if there’s ever to be change.
Thank you for what you’re doing. There are other stories that ar e untold, those of family members. I and active duty and veteran family members feel that their stories are worth telling and listening too.
I sorry but I need your help,I don’t know where to go how can I get the results from a VA complain that I set forth on the 23 of May this year? I was at the VA hospital in Long Beach try to get medical help for tingling sensation physical pain in my arms, shoulders and neck. I was not treated or given any medical treatment or advice. But I was peper spray in the eyes, faces and arms. I was also jailed at the Long Beach City Jail. After being release I went to Kaiser emergency and they gave me a shoot of morphine.