[T]he government’s interest in veterans cases is not that it shall win, but rather that justice shall be done, that all veterans so entitled receive the benefits due to them.” Barrett v. Nicholson, 466 F.3d 1038, 1044 (Fed.Cir.2006)
16 March 2012
Giving Up My Agent Orange Claim - But with a Strategy
I have given up my Agent Orange disability claims today...but with a strategy. Today I had my C&P exam in Portland and thought it went well, with the nurse-practicioner having read through my file last night and ready with questions for me today. Good exam. My application has been in for a year now, and I was told on March 8 in our Washington DC meeting with Mr. James Sampsel of the Veterans Benefit Administration that it will "probably" be denied,regardless of all the Air Force, CDC, GSA, university or other documents that clearly support in my claim and the claims of my crew mates. So, on to a more public forum. Once denied on a Notice of Disagreement, I'll progress to the Board of Veterans Appeals where I will be able to have proper legal representation. My DAV VSO here in Portland has been great but there is nothing outside the Beltway which will get VA to change their pre-determined opinion, So on to the BVA and whatever follows.Hope I'm not shooting myself in the foot!
Unrelated: The nurse-pratitioner doing my C&P exam today was surprised that, 20 years after my injury, I still have yet to see a VA neurosurgeon or orthopedic surgeon for my injured neck or back. Hey...this is the VA. Virtually every single partitioner I have seen has been skillful, kind and caring, but get real...waiting three years to see a dentist isn't my idea of good dental care. Waiting six months to see an orthopedist for an unstable hip and new knees isn't anybody's idea of good medical care. No VA employee would accept this standard of care for themselves or their families. Oh, well...just venting a bit. I absolutely love my primary care, dental (when I can see them), audiology, optometry and the pharmacy services. My prostate cancer treatment has been top-notch.