"Delay and deny and hope that I die"
I've written a story, scheduled for publication Sunday, that examines some of the reasons why it often takes veterans years to obtain disability and pension benefits to which they're entitled. We look at the delays through the eyes of Butch Kirkman of Archdale, who served eight years on active duty with the Air Force and has spent four years, so far, seeking benefits.
Look for it at News-Record.com Sunday morning.
UPDATE: Story here.
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David H. Marshall jakegreenchappy@yahoo. com
AND 76 OTHERS?
Outlined is the USAF and VA from 1952 covering up acts on SEVENTY SEVEN (77) servicemen. These flight line personnel were identified by name and Air Force Serial Number to the Department of Veterans Affairs (VA) for treatment; LIST ATTACHED. They were subjected to the without protection THEN KNOWN certain injury of an at least flight line 87,381 sound pressure multiple (X) to a “warm-up crew” of over 699,051 X vs. the disobeyed required 1948 protection at a maximum of 59 X! Despite the since 1991 many letters to Congress, there has been no VA response on the 76 others. Given a past 50 years of not corrected performance, do not the 1994 U.S. Senate Rockefeller Report “IS MILITARY RESEARCH HAZARDOUS TO VETERANS' HEALTH? LESSONS SPANNING HALF A CENTURY” violations continue?
BACKGROUND.
The 1948 Air Force Regulation (AFR) 160-3 established “Precautionary Measures Against Noise Hazards” ordered that, “In this 1948 Medical Services regulation, overall exposures were never to exceed 95 dBA and were recommended to be kept below 85 dBA.” The 1948 “Noise Hazards” is a follow-on to the World War II V-51R provided hearing protection for anyone working in 90 dB or greater noise levels. The American Medical Association (AMA) “Sound and noise levels” table states that “SOUND PRESSURE DOUBLES WITH AN INCREASE OF 6 DECIBELS”. The AMA table in conjunction with the 1948 AFR 160-3, the USAF 1952 to 1956 Project 7210 and this veteran’s retained 1952 to 1956 USAF service records underlie the issue. A BVA letter records a 4 April 2008 lost evidence, “We are writing to you about your appeal pending before the Board of Veterans' Appeals (BVA or Board). According to our records, your claim file was received at the Board on January 28, 2006. However, despite extensive search efforts, we are currently unable to locate your file." An ongoing 17 years, over one (1) foot thick, now "unable to locate" compilation of from 1952 USAF, VA, Veteran Service Organizations, HMO and independent records. A 10/16/08 postmarked, undated letter from the VA Boston Office stated “...because of insufficient or inaccurate information we cannot identify the proper record.” This is the veteran’s from 4/4/08 to 11/7/08, five times submitted total of over 100 VA Hearing Officer’s 8/2/95 “certified” replacement copies. The BVA’s statement is in reference to the 7/9/57 Boston, MA. VA Rating Board’s Clear and Unmistakable Error (CUE), i.e., a from 3/26/04 Meniere’s Disease retroactive to 1956 claim.
“Had some trouble with hearing while working on warm-up crew for F-86 D with very high noise levels.” The physician’s statement in the veteran’s 29 Jan 54 USAF Cadet Wing Commander washout exam. The F-86 D was powered by the GE J47 jet-engine. The J47's operating range was the 1952 known Project 7210 “very high noise levels” of an at 50 foot radius, from 158 dB to 176 dB “noise levels” vs. the AFR 160-3 “never to exceed 95 dBA”! Starting from the AMA’s 60 dB “Normal conversation” level, this is a “sound pressure doubles with an increase of 6 decibels” of an unprotected 1952 to 1956 then known certain injury of from, a well within 50 foot radius, over 87,381 multiple (X) to an over 699,051 X! A Regulation disobeyed without protection 1948 maximum of 59 X. A USAF physician on 2/1/54 stated “it is unusual to find such a severe deafness”. Then the physician’s 7/29/54 and 7/21/55 ignored get him off the flight line memo and do not expose to “loud acoustic trauma”. The 5/21/56 Separation from Service recorded perfect hearing. CLEAR AND UNMISTAKABLE ERROR.
On 5/7/57 VA Boston Regional Office requested and then stamped as 6/3/57 received the veterans 6/25/52 to 5/21/56 service record. This was followed by the VA, Boston, MA, Regional Office (RO) Rating Board’s 7/9/57 awarded hearing loss only ERROR. This is proven by their 7/9/57 Rating Board’s attending physician’s evidence resultant USAF SURGEON’S 6/25/58, “PERMANENTLY MEDICALLY DISQUALIFIED FOR MILITARY SERVICE”! Despite repeated requests there has been no VA response to the “permanently medically disqualified”. Then its ‘must of been a mistake’ and very effective symptoms of Menieres Disease hiding six (6) months later 1/22/59 "HONORABLE DISCHARGE" WITH "RECOMMENDED FOR REENLISTMENT - YES". In 1965 VA medical personnel noted the veteran’s, “History - Exposure to jet noise and decompression concussion”, i.e., a well within the 50 foot radius of Project 7210 as an unprotected “warm-up crew” member of an over 699,051 X, at 176 dB, vs. a maximum allowed 59 X, at 95 dB.
“THE VETERANS SIGNS AND SYMPTOMS OF MENIERES DISEASE CLEARLY ARE DOCUMENTED IN HIS SERVICE RECORD" with the results of “A STRESS REACTION MAY PRECIPIRATE AN EPISODE OF SYMPTOMS (OF MENIERE’S DISEASE), AND CYCLES MAY REPEAT ENDLESSLY”. This is the VA Chief of Otolaryngology’s 9/15/99 statement regarding the since 1861 medically known disease.
“CERTIFIED” RECORD HIGHLIGHTS.
In 1991 acting on the “episode of symptoms” business failures and unemployment advice of HMO physicians the veteran went back to the VA. A 12/7/92 USAF letter stated that most of the veterans records had been destroyed in a 1973 National Personnel Records Center Fire. In the few surviving records received, all names had been censored by Congress’s 1974 Privacy Act. A 4/13/94 VA layman’s diverting it’s an all in the mind 699,051 X “perceptive type hearing loss”. A 10/5/94 VA Criminal Investigator noted that their 6/3/57 stamped received service records and resulting 1958 and 1959 documents could not be found. On 8/2/95 a VA Hearing Officer “certified” copies of the veteran’s 1952 to 1995 retained records as in the VA file. The “certified” 1952-1956 records are the 9/15/99 ones cited by the VA Chief of Otolaryngology. A 6/27/96 VA layman’s no “competent medical evidence”decision. On 3/26/04 the local RO awarded a Menieres disease retroactive to 8/11/94 disability. On 7/25/05 the VA rediscovered their 1991 misplaced original and stamped 6/3/57 received 1952-1956 USAF and then to-date Medical History. A VA 100% unemployability disability was awarded on 3/8/06 with its cited, “Social Security Administrative Law Judge determination concluded the veteran was entitled to disability benefits solely as a result of his service connected condition.” This is the 1/28/97 Law Judge’s early Social Security disability decision that recognized the 1952-1956 “certified” in-service Menieres disease records! Now the 4/4/08 BVA “we are currently unable to locate your file." with the 10/16/08 VA “cannot identify the proper record.”
AND THE ATTACHED SEVENTY SIX (76) OTHERS??
Posted on December 29, 2008 9:27 AM