VA Disability Comments





To:  Ray Wilbur, VA Benefits Commissioner, and all members of the Veterans Disability Commission.


Subject:  Personal comments of some of the subjects that were reviewed on the 15th and 16th of September, 2005.


Members of the Commission,


Some of the concerns posed by Commissioner Livingston were right “on point” with regard to Veterans Benefits and what the interpretation of these benefits were by our own so called “Fair Veterans’ Federal Agency.” 


As I presented to you on the 15th the Department of the Veterans Affairs (DVA) operating at the behest of the White House and not the nations’ veterans is in "direct conflict" with its own laws and the intentions of specific "congressional mandates."  A state of “conflict of interest” now exists between the “Veterans of the Nation” and the president and “his” Department of Veterans Affairs operating at his behest for politics and money.  This includes some members of congress who let this collaborative federal agency behavior continue with no real challenges.


One specific point that Commissioner Livingston seemed to be concerned about was the definition by the DVA of when a Veteran’s claim is ended.  According to the long-standing policy of the DVA when the Veteran dies prior to his claim approval, his claim is no longer valid.  Therefore, the ineptness of the DVA or possible directed stalling itself comes into play. 


It is debatable prior to our toxic chemical legacy if this was appropriate or not in the time line of history.  I would categorically state that it is no longer a “valid debatable position” by the DVA and again points to a “direct conflict of interest” operating at the behest of president after president to minimize the cost of an arrogant government and an arrogant Department of Defense made mistakes in our “toxic chemical legacy.”


The entire nation is aware, while they do not care much, of the dismal and purposeful poor performance by the DVA in getting anything adjudicated or completed.  My wife presented found evidence of BVA claims that had been sent up and down for years and then returned to the VA station and had not been touched for over five years as it lay on someone’s desk allowed to die on purpose; just as the Veteran was also allowed to die with no "earned" government support.  This was called a National Veterans Issue by the American Legion.  This is a “direct conflict of interest” on behalf of the government and the despicable actions of the DVA and I would add the unchallengeable Secretary himself who just ignores these findings of DVA stations sitting on claims for over five years because of the imposed quotas met by these stations as a measuring and performance tool.


At some point, outside of the corrupt DVA legal system, this becomes criminal with criminal intent on behalf of our nations government and its’ president.


While the previous definition of when a claim dies is antiquated and obsolete.   Once the majority of Vietnam Era Veterans at some point in time were exposed to toxic chemicals and allowed to die or become disabled with no government help or even government warning this requirement should have been null and void.


These are not the normal war wounds associated and once diagnosed the Veterans mortality is 6 months to 3 years.  There can no longer be this definition of when the Veterans die his claim is denied and ended.  Especially with the intentional dismal and very poor performance of the DVA to include experience with governmental agencies responsible for specifically analyzing and studying the effects of exposure to Agent Orange strongly hints at a discernible pattern, if not “outright governmental collaboration,” to deny compensation to Vietnam Veterans for disabilities associated with exposure to dioxin and any other toxic chemicals or combination of toxic chemicals.  This also includes the DVA and the Secretary of the DVA and its conflict of interest which was "known directed" as far back as the Reagan/Bush White House.


Therefore, this definition of no longer being a valid claim if it is not approved on the Veterans deathbed must be changed and made retroactive to the date of submittal.  This would null any and all of the DVA and presidents reasons for stalling and denying and then stalling even more.  Still not what is needed but at least more appropriate.


Example of just one conflict of interest that saves the government millions of dollars a year by this directed poor performance by the DVA.


My Battalion guys and my I Corps Marines are dying from “already associated toxic chemical disorders.”  Yet, the DVA cannot get any financial support to these Veterans and their family as they battle and fight the government caused cancer and all the hardships of financial loss that comes with it in less than eight months or longer on the Veterans death bed.  This is unacceptable and just despicable behavior.


The VA in Atlanta tells me that it takes 14 to 18 months to get an “already associated disorder" approved.  They made reference to the DVA in Virginia that was even longer.


Let me summarize: 


After stalling for 40 years on associating anything much with these toxic chemicals, stalling led by the Department of Veterans Affairs I might add.  While hundreds of thousands of our nations warriors died with no compensation or any medical warning from direct wounds incurred by our own arrogant Department of Defense and then we finally have some admission of associated cancers after denial after denial using nothing but government collaboration.


The DVA cannot put a DD–214 in a folder showing service in Vietnam, include a copy of the already associated disorders, include a copy of the diagnosis (when the Veteran may very well be laying in a VA hospital), stamp it approved, and get it over to dispersement and get the Veteran the financial support that he earned (not an entitlement) prior to his death 8 months later.  Anyone reading this understand this dismal DVA performance outside of directed government stalling.


I would think a sophomore in High School could do this job, no offense to the sophomore.


Yet, this simple task takes 14 to 18 months while the veteran dies or worries about losing his home and how is family is going to survive as he dies from associated government caused cancers.  Disgusting to say the least.


I would think we must conclude you have a bunch of DVA workers sitting around with their thumb up were the sun does not shine or the processes are intentionally set up that way for the sole purpose of denying legitimate and justifiable death and disablement claims on behalf of the wonderful caring president(s) and our caring congress.


So there are at least two conflicts of interests documented.


One issue that was not brought up, another conflict of interest, was the Veterans’ spouse and minor children supplement.  Here again we have an obsolete and archaic legal system set up that the DVA refuses to change.


This is a survivor’s benefit that is only awarded if the Veterans survive his disability for almost a decade.  This is not possible when you are talking about toxic chemical caused cancers that are end stage within six months to three years.  Of course, this is a conflict of interest also and even more despicable actions on the part of the president(s), the congress, and this adversarial federal agency.


I think it is plainly becoming obvious that our “commanders and chiefs” from Johnson on to the present President have not acted with “honor nor integrity” when it comes to the men and women Veterans these commanders sent into combat.  They turned their backs on the very men and women who did not question them and did what they were supposed to do.  It is too bad that our government does not have the same form of integrity and character.


More on the questions in an additional letter at what most Veterans would consider nothing but common sense issues you discussed in the September review.


However  in my opinion some of these are going to happen no matter what is said or who says it.  It is a VA ruse "legitimization processes only" backed up by the GOP, Congressman Buyer, and the present president.


This all began when Congressman Smith (New Jersey) was removed from the VAC by a GOP coup in the house.  In addition, the DOD wants many changes from men like Dr. David Chu who made the ridiculous statement, “that because of the cost of “Veterans Benefits” the nation could no longer defend itself.”


Dr. Chu said nothing about caring for over 11 million illegals or the fact the nation over the last 40 years has gone to more and more social programs (welfare) to keep the politicians elected.


On the other hand, that food stamps in 1996 were at 15 billion dollars and in 2006 it is over 30 billion, doubling cost every ten years.


At this point with the exception of a few congressmen that have at least voiced their concern about this despicable government treatment of our nations Vietnam Veterans and of more recent the Gulf War One Veterans, I do not know how any Veteran or Veterans family member can vote for the present members of the house.  It is certainly too bad that many of these so called honorable congressmen run unopposed.


Let me close this letter with a little known fact regarding our toxic chemical legacy.


Prior to the end of WW2, it was considered spraying some of these toxic chemicals on the rice crops in Japan thereby starving the Japanese people into surrender.  The president decided that without the known ramifications of possible toxic chemical crimes against humanity this proposal was denied and no toxic chemical events took place.


Instead, our government dropped two atomic bombs.



Charles Kelley

DMZ 67-68


E-mail posted link notification to the following:


House Veterans Affairs Committee 

Law firm of Morrison and Foerster

AO Group


Khe Sanh Members

101st Airborne


My Battalion Members


Vets for Justice


Congressman Smith (New Jersey)

Congressman Evans

Congressman Sanders

Congressman Shays