Veterans Issues

2ND BATTALION 94TH ARTILLERY

‘FLEXIBLE’

Generic Veterans issues E-mail posting

Here I will list again in order and try to indicate a date of posting.

4/19/2006

More on Peripheral Neuropathy

Hi to all,

This e-mail is posted at http://www.2ndbattalion94thartillery.com/Chas/morePN.htm

Discusses a 1st Cav Combat Veteran that was also duped by the VA published “less than truthful presumptions” on Peripheral Neuropathy (PN) as many of us Veterans have been taken in. I would like to think the VA also misled Congress but I reserve judgment on if they were actually duped or actually participated in "the duping" of our Veterans.

Thanks for sending that in Richard.

Kelley

4/22/2006

VVA Agent Orange Committee

Hi to all,

I wanted to wait until I was confirmed to announce this.

I just received a phone call from the VVA that I have been confirmed as a member of the Agent Orange Committee.

My first assignment is to address the issues with the NAS/IOM and what they are doing and "not doing." This will be presented to the NAS/IOM in a meeting with the VVA representatives.

It will be "my honor" to fight for this cause and all the Veterans who served in our Toxic Chemical War.

I hope you will support me in these tasks as you have always done. Any issues you think need to be addressed with the NAS/IOM PLEASE let me know your issues and any contact or answers you have received from this government contracted agency.

It is imperative that we address the issues with "data and facts."

Thanks to all and I am certainly excited to have a venue to fight for Veterans at last.

Let's hope for some positive outcomes from the work I will be doing and presenting.

Best to all,

Kelley

4/25/2006

VA REWRITING THE RULES on part 5

VA REWRITING THE RULES -- REDOING CFR 38 PART 5 -- THIS
IS REQUIRED READING AND THE VA WANTS YOUR COMMENTS

Please see the following link to review.

http://www.vawatchdog.org/old%20newsflashes%20APR%2006/newsflash04-01-2006-1.htm

I have not read the proposed changes but will do so along with you folks and comment later.

Best,

Kelley

4/26/2006

Disability Offset from Social Security or visa versa

Hi to all,

I posted some comments on this Disability Offset from Social Security or visa versa which ever is greater that is being considered. At this point, although I think the stonemason is getting ready to put this is granite myself.

http://www.2ndbattalion94thartillery.com/Chas/VAdisabilityoffset.htm

I will be out of home for the rest of the day until this evening.

However, tonight I will review the new changes to chapter 5 of 38 if not too tired. I will also be posting issues on that as I get time and energy.

My gut feel on some of this is as I glanced through it and you can call me crazy if you want. The VA is going to do away with "all presumptions." Just you wait Veterans.

You are going to have to prove your own case as toxic chemical associated and that is the reason for the clarifications on defining experts and lay experts.

Which stems from another legal case, which I will get into later.

Kelley

4/27/2006

Letter from one of our Khe Sanh Vets

Hi to all,

I thought this letter was direct and directly to the point from one of our Vietnam Khe Sanh Veterans.

I think it says it all and challenges the politicians as well as the power of the VA.

Posted at:

http://www.2ndbattalion94thartillery.com/Chas/combatveteran.htm

Kelley

04/27/06

This and that and website change.

Hi to all,

I posted a response from a 1st Cav Veteran's wife and I certainly think worth the read for all.

http://www.2ndbattalion94thartillery.com/Chas/wife'sresponse.htm

I have had several inquires recommending everyone take Doc Cahill's letter at:

http://www.2ndbattalion94thartillery.com/Chas/combatveteran.htm

Change the date, change his name to your name, change his senators and congressman to yours, and send the same letter in while adding anything you want to it also.

I did receive a response from another Khe Sanh Marine that contacted senator Bill Nelson's office in DC about the social security offset inquiry. His office knew nothing about it so the Marine faxed the article. Their response was that they would not accept this and fight any attempt to offset with much vigor.

I change the main website to add another link for postings and such. Maybe not as confusing and I will date when I can.

Links to review:

http://www.2ndbattalion94thartillery.com/Chas/Linkstoreview.htm

Generic Veteran data e-mail postings:

http://www.2ndbattalion94thartillery.com/Chas/GenericVeteranIssues.htm

Still trying to get that 38 chapter 5 in some form so I can really look at it. I have a bad feeling on some of the clarification of experts.

Have to get back on my own claim for a few days and hopefully provide some info to a Vets wife on her husband's case for stomach cancer of the adenocarcinoma type.

If anyone has any cases that have been approved at BVA level, it would save me some research time if you would send me the links. Thanks!

This is what burns me up. I get this from a Veterans wife, who the VA has just let go.

"I appreciate your help so much I have felt I was alone in this battle and I feel if this is service connected he deserves what is rightfully his."

I wonder how many more of our Veterans are too sick to fight now and the wife's, god bless them, trying to fight just get swept under the table with the VA BS.

I did post a link regarding Mr. Lee Ferrell and his run for congress in Georgia's second district against the incumbent Sanford Bishop.

http://www.2ndbattalion94thartillery.com/Chas/Lee.htm

He needs your support if you live in that area of Georgia to get on the ballot.

Best,

Kelley

4/29/2006

Guam BVA Decision!

Hi to all,

I just posted a new BVA decision on the awarding of coverage of diabetes associated to Agent Orange for Military Service "on Guam." Does not say presumption but awarded because of the Agent Orange dioxin facts regarding Guam exposures demonstrated by the Veteran.

It has been my experience that citing a previous award does not mean anything. Some of the fellows that probably have more experience than me say it becomes precedence. Maybe it depends on the local BVA and how they operate, I do not know.

I do know that when we cited a previous case for Brain Cancer to DC, DC came back, said that case was cited was in error, and at fault; not the more recent BVA rejection of the Brain Cancer claim.

I argued that the BVA was not a real legal court then if you could not cite previous BVA court decisions as precedence since that is the backbone of our entire constitutional legal system. To no avail, I might add.

http://www.2ndbattalion94thartillery.com/Chas/guambva.htm

Anyway for those Veterans that served on Guam probably would not be a bad idea to cite this claim.

Please pass this on to your respective Veterans.

Thanks to Michael for sending in this BVA case file.

Kelley

4/30/2006

Report on Veterans Issues and Bills.

I posted a report sent in that some of you may get and some may not.

I did highlight the ones that I think are important for most of us but we have a wide variety of situations in our group so I might have missed some that you may find important as a retiree or widow.

That link is located at:

http://www.2ndbattalion94thartillery.com/Chas/Veteransissuesbills.htm

We really need to watch this Social Security Issue also reported in this update.

Best,

Kelley

I posted some issues on why the VA out-sources our C & P exams and some of the alleged issues of impropriates in not only “contracts” but also “contact” after the C & P is complete between the VA and the supposedly “independent doctor” with published changes after the VA contact which changes the Veterans disability.

Not exactly what I would call cricket but we are after all dealing with the Veterans Administration and an “honorable Department of Veterans Affairs Secretary.”

By the way, I want to post again the link to Veterans Issues and you read again, what they found out how the secretary of the VA was lying about the VA statistics and why it was done; and everyone calls him “honorable.”

What in the hell is honorable about lying to the congress; the nations media as he spews his propaganda that they swallow hook, line, and sinker; and the entire nation of Veterans?

Probably be best for all of us if this VA Federal Agency anarchy went away and put the Veterans under the same rules of law as Social Security. Not this extension of the Executive Branch.

Well it looks like the review of social security offsets for our segment of society is going to happen as planned by the Government, all along in my opinion. When you want more money to pander to some other segment of society what is the first place our government looks? Yep. The Veterans of the Nation, their widows, and their children.

Three congressmen and one Senator have given the General Scott the OK to review the offset!

Read; and I have no idea how to fight this corruption in our own government against us.

This was the plan of this committee all along; I would bet a paycheck on it.

Kelley

Disability Commission Statements.

Some have asked if I have seen the response put out by the Disability Commission. The answer is yes and they still make no sense on this issue as to why they want to still go after any social security data.

Apparently, the pressure is getting to them so they seemed to have changed the pretense they are going after data based on offset instead it seems they are saying they want a common exam for VA and SSDI. Of course, that is BS, as most Social Security claims unless it is contested do not require an exam only doctor's verification and meeting the test requirements of the various paragraphs in the Blue book. This new rational seems to be just more propaganda as to why they want to compare Social Security data.

Anyway, the rationale they are using makes no sense for going after the data.

Again, all this requires is a law or mandate by congress that the agencies recognize each other; not some "VA management: of civilian earned benefits. Can you imagine that! I can and it is a scary thought.

The did change and delete the wording "offset." Now does that mean this data collection cannot still be used for that? NO NO

I posted my rebuttal to them at:

http://www.2ndbattalion94thartillery.com/Chas/Rebuttal.htm

If they want to argue the points, then bring them on. Instead, they limit any challenges to five minutes.

Kelley

Whether it will do any good or not, who knows.

I do know of one Veteran that is going to use it as a challenge.

Wish I had time and energy to do it for all our disorders that are being contested but since the DoD/VA can lie through its teeth along with the BVA and the totally biased government contracted NAS/IOM then it would a useless venture and waste of expenditures on my part.

More on the part of the NAS/IOM, which I had concluded was going to review presumptive disorders and this is a Veterans fight that is also coming. Count on it!

Including the reevaluation of the ratings, the VA uses per disorder.

If the contracted NAS/IOM is involved, chances are it will be anti-veteran and most of the issues are decided before the study commences as they play paddy cake with the VA.

More on that later and the NAS/IOM program manger's lie to a direct and pointed commissioners question while I was in attendance on Dec 6th.

Kelley

Response from Congressman Boucher

Hi to all,

I posted a congressional response to one of our Veterans by his congressman, Congressman Rick Boucher, from the ninth district of Virginia on this attempt by the GOP and Bush to take away even more Veterans' Benefits.

http://www.2ndbattalion94thartillery.com/Chas/congressresponse.htm

As Lieutenant Colonel Luke Fitzpatrick stated:

"It is not "land of the free and home of the brave." It is land of the free BECAUSE OF THE BRAVE"

I also posted a response to the IOM beginning its disability studies on behalf of the disability commission and the GOP/Bush White House.

http://www.2ndbattalion94thartillery.com/Chas/IOMbeginsstudies.htm

Best to all,

Kelley

I posted three links - two of which are in response to Jeff Schrade of the Senate VAC and one is on this bashing of Mr. William McLemore.

"The Honorable Harry N. Walters was elected President and Chief Executive Officer of Veterans Coalition; Inc. Walters is a former Administrator of Veterans Affairs during the Reagan Administration from 1983 to 1986."

I do not know Mr. Walters but frankly, in my opinion, anyone previously associated with the Department of Veterans Affairs or the old VA we do not need representing any Veterans in a fight with the congress; especially one that was under the Reagan/Bush Administration.

I had recommended this coalition action back before the last presidential elections strictly over the government lying, including the VA, about our toxic chemical issues, their terrible performance that in many ways just lets the Veteran die and his family just do without on purpose or by White House direction, and the Gulf War issues the government and once again the NAS/IOM were lying. I had sent the three biggies all the data they needed to challenge congress or the NAS/IOM and I got zero responses.

Therefore, it sounds like this disability commission was the preverbal last straw issue by our caring government.

Never thought I would live to see this uniting of these separate VSO's.

I would add that it seems that the Vietnam Veterans of America are not in this coalition. I am assuming because they are not a perpetual VSO. When the last one of us dies the VSO is, I would think ended.

Thanks to Rossie for sending that in.

The other link is a march to be scheduled against this disingenuous Bush/GOP Disability Commission and already has the backing of rolling thunder or so it seems.

http://www.americans-working-together.com/american_veterans/id93.html

Here is a link that discusses:

GOVERNMENT/VA/NAS-IOM BIAS

http://www.2ndbattalion94thartillery.com/Chas/Veteransbiases.htm

Also a link to the Veterans Fourth of July which is political; so if you do not like politics then do not read it.

http://www.2ndbattalion94thartillery.com/Chas/VeteransFourth.htm

I thought I would be backing off some on my research and postings but after a trip to the DAV last week, since no one would return my calls, it was discovered the date for my BVA I have been waiting for over 2 years now has not even been put in queue.

I am waiting for an explanation for this now and the status of the claim and where in the hell it is since no one seems to know.

They did say the C & P results should be within 90 days on the other stuff which I found refreshing instead of the answer I was getting; which was 12 to 18 months.

Kelley

Some AO Updates

Hi to all,

Not a battalion updates but thought you might like to see these postings, which may be of interest on AO health issues.

One - is the presentation I will be giving to the Veterans Disability Commission in September. As I said at the reunion this will not be pretty now that I know what is going on. The first one - I gave them the benefit of the doubt of not being just some political agenda. I was wrong!

http://www.2ndbattalion94thartillery.com/Chas/2006DisabilityCommission.htm

Two - is the newly released study on DNA damages to our Vietnam Veterans.

New Zealand First defence spokesman Ron Mark said the new DNA test results were "a concern."

"Service personnel who were deployed to Vietnam were harmed. They were genetically, irreparably harmed and that has been passed on to their children and will forever be carried by their families,"…

Through my AO network, I was able to get a .pdf copy and have it posted.

http://www.2ndbattalion94thartillery.com/Chas/newzealanddnadamagereport.htm

I am also sending a written challenge on the widows and orphans gate issues that our guys that are dying from AO cancers and cannot possibly meet.

http://www.2ndbattalion94thartillery.com/Chas/VeteransVACChallengewidows.htm

I am also working on a written submitted challenge to the government on PN and have started that draft.

http://www.2ndbattalion94thartillery.com/Chas/VeteransVACChallengePN.htm

I then will take that one and start creating separate issues like I did for stomach cancers at:

http://www.2ndbattalion94thartillery.com/Chas/agentorangestomachcancer.htm

The stomach cancer is already in challenge so we shall see what comes back and then I will address those issues of denial as I know it will be.

Also a rebuttal to the NAS review of the EPA dioxin reassessment.

http://www.2ndbattalion94thartillery.com/Chas/NASrebuttal.htm

Best,

Kelley

Sue,

I would be the last to give up on these issues but as you say this whole thing is nothing but a government/VA legitimization process of what changes President Bush, the GOP, and the VA are going to make anyway. That is all it is - nothing more nothing less. Something the government/politicians can use as in "See, here is what the commission said." All political appointees with a political agenda.

This commission is not for the Veterans but purely political and as you said I was disappointed in my listening to our VSO's which roared like little kittens against this political machine.

The members on this commission and their names for the most part will go down in "Veteran History" as the "infamous commission members" that turned against the Nations Veterans. Moreover, we need to make sure that happens in our history so other Veterans after we are gone can learn from these nefarious deeds by our own government and our so called supportive politicians.

Your comment on the judges:

"So cozy and comfortable was the VA torturers at Boston, that 3 of the BVA judges came out of the shadows and stood at the back of the room and was phrased by Dennis McGinn as being there in a spirit of "caring". Yeah Right !!"

These judges are the most despicable human beings on the face of the earth and I would have called them on it about the time they were introduced.

How can anyone justify the same case being tried 10,000 times that are identical except for the names or branch of service is different. Do taxpayers like to pay these judges their outrageous salaries for doing the exact same case 10,000 times that can only have a yes or no answer and in fact the same outcomes for the exact same case are not always the same depending on where you live. That is not justice - that is nothing but government mandated budget control.

In any real legal system, the cases would be tried once and approved or disapproved 10,000 times based on precedence. Instead, we suffer the indignity and financial costs of years of denial and personal cost to our health and savings when we have case evidence that the identical case was already approved years before.

BVA judges Introduced as "Caring" you say - Horse Manure!

Anyway, I want to go to DC but I am afraid I can no longer justify the expense on a limited fixed income for this commission and its political operatives.

Until the Veterans of this nation make the politicians accountable for this disgusting government behavior against the most noble of all of our segments of society nothing will be done. In addition, they will stop using the K Y Jelly to make sure you feel the pain.

I will be at the Atlanta Commission meeting for whatever that is worth.

Since there will only be three there -would you please forward this e-mail to those commissioners you are in touch with.

My 5 minute presentation is located at:

http://www.2ndbattalion94thartillery.com/Chas/2006DisabilityCommission.htm

Best,

Kelley

Atlanta Veterans Disability Commission Meeting

Hi to all,

Here is a link to the commission meeting we attended Tuesday night.

http://www.2ndbattalion94thartillery.com/Chas/2006DisabilityCommissionAtlanta.htm

Also has a couple of links for the AO plaque in DC for those interested.

Thanks for those that responded to my questions on the wall issue.

Best,

Kelley

I have been AWOL this past week.

Hi to all,

Obviously, I have been AWOL for the past week.

Glenda, her sister, and I had to take off for Ohio with her mother having a heart attack. Two stints added and she is doing much better now but of course the anxiety and trip was a drain on us all. All is well and she is back to her firebrand self or at least getting back on the top shelf.

Therefore, it will be a few days or more before I can get caught up on the events of what has been going on.

I posted a very important link at:
http://www.2ndbattalion94thartillery.com/Chas/Dr.Camacho.htm

This documents a proposed book by Dr. Paul R. Camacho and Praeger Press on the Department of Veterans Affairs.

Below that posting is my response to Dr. Camacho. I look forward to his response.

Certainly I was delinquent in not pointing out also a chapter must be created to document the VA's VACEH the biased role they have played- then the role the NAS/IOM has played in this government/VA charade knowingly or unknowingly.

I am still editing the response to Commissioner Grady and his false IOM/VA assumptions and should finish that up by tomorrow. Been getting some technique tips from Richard. I will address the issue of diabetes and a response to the Senate VAC shortly also.

I wanted to pass on - I have had NO reply to the officially submitted by US Mail Challenge on the "widows and orphans challenge" on the definition of cancer rules versus the rules on physical war wounds which are obviously not the same yet the VA rules are the same.

As soon as we recover from the expense of the trip and all I will do the official Peripheral Neuropathy Challenge. Since it is about 40 pages, it will get expensive.

If we get no word back on that challenge either from the House or Senate VAC's then I would suggest once again it is a total waste of time, effort, and money on a congress that will not address the issues and is still not listening.

Another interesting event may have taken place after the Atlanta Disability meeting, which I will try and get status on tomorrow and some chronological events of what happened. I think this should require some government explanations "IF" the events unfolded as they seemed.

Of course, with Veterans, there will be no government explanation as to the why.

Best,

Kelley

09-16-06

Veterans Right to Know Act HR 4259

I posted a link to this proposed House Report and Act.

http://www.2ndbattalion94thartillery.com/Chas/VeteransRighttoKnow.htm

I also find it disgusting considering all the Congressional and White House propaganda how they support Veterans - that Veterans even need such an Act.

Simply mind-boggling to me.

Kelley

To the Disability Commission ATTN: Commissioner Grady.

To whoever is in charge of getting E-mails to the Commissioners, please expedite a copy of this link to Commissioner Grady.

http://www.2ndbattalion94thartillery.com/Chas/IOMGrady1.htm

He had asked for this data in Atlanta, unfortunately a family medical emergency prevented me from getting this to him in a timely manner.

Thanks in Advance,

Charles Kelley
DMZ 67-68

Hi to all,

After the posting on the Disability Commission and some of VA's Dr. Brown statements, many have asked what is it VA/IOM is trying to do.

Some possible answers and some obvious disparities are posted at:

http://www.2ndbattalion94thartillery.com/Chas/PresumptiveExplanation.htm

Kelley