Tuesday, September 8, 2015

 
CONGRESSMAN VELA TURNING A BLIND EYE TO VETERANS WHO ARE DYING AFTER BEING EXPOSED TO AGENT ORANGE.
 
CNN has verified many of my claims - claims which Congressman Vela refuses to accept. "[T]he inspector general also found VA staffers incorrectly marked unprocessed applications and may have deleted 10,000 or more records in the last five years..  I HAVE PROVEN TO CONGRESSMAN VELA THAT NOT ONCE, BUT TWICE, THE VA HAS DUMBED MY BROTHER'S AGENT ORANGE CLAIM TWICE
 
 
The VA years ago after his initial stroke gave my brother a 10% rating based on Agent Orange being the source of his stroke.  The Agent Orange is growing tumors on his brain which cause TIA's.  These are mini-strokes.  I have documents [MRI's] which show more and more TIA's over the years and the tumors growing which align with the TIA's.  The mini-strokes have left him bedridden.
 
This is an easy claim.  The VA has a specific form for increasing a rating for an already service connected disability.  There is no issue of pulling his medical records from his service days.  They have already done that.  The connection has already been made. He did two tours in Vietnam.  H served for 25 years.  Money is not a problem for him.  TRICARE pays for his nursing home.  He has more money than most 77 year olds in this county.  I am proud of my brother because her received his GED in the Army and did a better job preparing for retirement, than most college graduates.
 
The issue is care.  There is a new medication which shrinks the tumors.  Access to that medication at this time is limited.  I need him treated at the VA in Houston and this will not happen until we get the increase in his rating. 
 
He is suffering a horrible death for no reason.
 
I can no longer speak with Congressman Vela's inept staff - they keep on telling me it takes time to get my brother's medical records from the Army.  They cannot understand his claim has already been established as service connected.  They just cannot comprehend it.  They finally admitted they have no one on staff who understands VA claims or how they work.
 
I have the email from the Congressional liaison which clearly states that the veteran must undergo a physical where the guardian lives and not where the veteran lives, because the guardian's address is the Veterans official address.
 
To understand this the liaison is saying if the guardian lives in NY, but the veteran in California, the veteran must be transported to NY for his claim physical.  This is absurd, but Vela agrees with them.  This is not the law.
 
THE LAW IS THE VETERAN GETS HIS PHYSICAL IF NEEDED WHERE HE, NOT THE GUARDIAN LIVES
 
 
b.  Appropriate Examination Facility
An appropriate examination facility is a VA examination facility or contract examination provider, that can complete the examination(s) required by the specific claim.
 
Regional Offices (ROs) have the flexibility to request an examination from the VA Medical Center (VAMC) or designated contract provider closest to where the claimant lives or receives regular medical treatment.
References:  For more information on
·   requesting Veterans Health Administration (VHA) examinations in the geographic jurisdiction of another RO, see M21-1, Part III, Subpart iv, 3.A.1.d
·   jurisdiction for examinations of foreign resident beneficiaries, see M21-1, Part III, Subpart iv, 3.A.1.c
·   jurisdiction for examinations of reserve component participants in the Integrated Disability Evaluation System (IDES), see M21-1 Part III, Subpart I, 2.D.28.c
·   examinations of employees who work at an examining facility, see M21-1, Part III, subpart ii.1.C.5, and
·   examinations of VA-employee claimants, see M21-1 Part III, subpart iv, 3.B.1.b.

 
CONGRESSMAN VELA AND HIS STAFF HAVE MADE IT CLEAR - THE CONGRESSIONAL LIAISON DECIDES WHERE THE PHYSICAL IS DONE, AND NOT THE LAW
One must question, without his father's name would Congressman Vela ever made a nickel as a lawyer.
 
My brothers claim has been dumped twice now.  It does not exist.  My fax transmittal sheets mean nothing.  My letters from the VA accepting me as his representative mean nothing.  The endless phone calls wherein they asked me the password so they could speak with me mean nothing.  It is all gone.
 
My brother wants what is his,.so as his POA I can file the lawsuit pro se in his name.  The goal is hope that once the press sees the documents and Congressman Vela's contempt for veterans, they will take the story.  Short of the case being assigned to a judge who cares, no amount of evidence will force the Secretary of the Veterans Administration to do his job.
 
I know enough that the lawyers for the VA will invoke immunity even though all that is being asked is that my brother's claim be processed and the games end. Immunity does not apply.  But this will not matter. The Secretary of the VA's job is to obstruct and not to help veterans  Every time I complain the claim goes missing.
 
THIS IS ACCEPTABLE TO CONGRESSMAN VELA - IT IS NOT
 
Only because of  a whistleblower do we know the following.  My question is, why did President Obama not immediately relieve the Secretary of the VA of his job upon learning of this report from a whistleblower?
 
"The VA's inspector general found that out of about 800,000 records stalled in the agency's system for managing health care enrollment, there were more than 307,000 records that belonged to veterans who had died months or years in the past"
 
This is not about money.  There is enough money, but all 535 members of Congress refuse to end the use of VA budget money for veterans to subsidize the state medical schools.  If The VA would simply end the subsidizing of state medical schools with money intended for veterans, the crisis would end.  They are not going to do it.
 
CONGRESSMAN VELA VERIFIED LOCAL DOCTORS HAVE LODGED COMPLAINTS ABOUT NOT BEING PAID
 
It is in the millions owed to private doctors who have stopped providing services to veterans.  Congress went on their summer recess knowing the crisis was getting worse.  They left the VA without the funding.
 
If you believe Congress cares about veterans other than as pawns to get votes you are delusional. 

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