Example...VA unchecked power and lawlessness
Received from one of our group in response.
Kelley:
I know someone, but don't know how to contact her. If you have anyone in your network that lives in California near Bakersfield/Tehachapi, please let them know; if they could do a direct contact that would be great. Mary Harrison is the widow of Gene Harrison, the Navy man who saved my life in 1968. Getting this news to her is important to me, as I owe her husband everything I've been able to do in the last 40 years.
My last info on her is that she lives in a place near Tehachapi called Stallion Springs. Since I found Gene after his death in 2005, I have lost contact, and now her email doesn't work. I'll try to dig up more info, but if you could put the word out to any folks you have near Bakersfield, I'd appreciate it. Tehachapi and Stallion Springs are on the highway up to the Naval Air Station in the high desert.
FYI, Gene (Harold Eugene Harrison) died of cancer. He spent over one year stripping asbestos from a Navy cruiser, and the VA turned him down for benefits because he was a smoker, even though his doctors told him his form of cancer was associated with asbestos exposure. Another example of how our Country treats its heroes.
Thanks, Buddy, and I'll keep digging to find more info.
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Now you would ask, how can you tell the difference in causation and is there away. Yes there seems to be not only a blood test thatis a pointer but also lung cell dna testing that is done to evaluate the cancer and that points towards asbestos causation - not smoking.
Yes, the Veterans doctors can state associated to asbestos and VA clerks and raters have the power to deny a Veteran service connection based on their lack of knowledge of medical facts and only knowing the two cause cancer.
In fact, it is more likely than not those that smoke may develop lung cancer…those exposed to asbestos in the form discussed will develop lung cancer.
The one assumption is did the Veterans doctor run the tests. I would assume so and it was positive otherwise the statements by any doctor to the positive association would not be in character. Especially since most doctors know in dealing with VA it will be question after question after question using up his time and his resources by some one not even medically qualified to ask the question.
The second assumption and not going out on limb would be the VA clerk/rater had no idea of what in the heck they were doing in their denial yet they are allowed to deny.
The Veteran is denied and now the widow is denied from what should be a clear case of ‘service connection.’ No different than in the civilian world where those exposed to the exact same material are covered.
The Vets case only has to reach a standard of at least as likely as not associated and thereby service connected.
VA not only pleasures themselves in the denial but the aggravation of the Veterans doctors letting them know up front; it is not a good idea to support a Veteran against us.
Example from Baylor University.
As one Baylor University doctor put it:
“This letter is to support your claim about Agent Orange. The U.S. Government and the VA have many documents about this situation and they know your claim has merit. The red tape and the smoke and mirrors are just to decrease payment or delay payment or both. I am sorry you are having so much trouble.
“Your autoimmune condition proven by biopsy and by response to treatments, has to have been caused or significantly aggravated by Agent Orange because Agent Orange and other chemicals like it have been proven to cause neuropathy, and in animal studies to produce autoimmune disease.
“Usually when I make a statement like this the VA will come back with a request for more letters and more documentation, but I think they need to be specific and not open ended and tell me how many human and animal studies published in the internationally recognized scientific literature they would require to pay your claim.
“Otherwise they will just keep asking and asking for more and more papers and documents and we will get no where and you will be frustrated and so will I.”
This example repeats itself thousands of times a day. The last two statements by this Baylor University Physician sums up the 'entire efforts' by the US Department of Veterans Affairs.
Monday, December 22, 2008
more of Kelleys thoughts
