Disability decision letter

[koreankid]

How long have you been working for Veterans Affairs. Don't be jealous because the government proved my disabilities for me and you have to prove yours. you weren't exposed to 125 different chemicals like we were in Korea in the 50's. have you ever been exposed to ddt,and had it sprayed on your clothing to keep the snakes and vermin away from you, did you ever come in contact with jungle plants that were sprayed with chemicals so it would kill the plant life so you could see the enemy, did you ever drink water from a drum that had chemicals floating on top. Let me guess, you had hemorrhoids and were turned down for your disability claim.I am 80 years old and served my country over seas and the government took 60 years to finally compensate the men from Korea, and your champion VAC is trying to stop us from getting paid for what the chemicals did to us by doing everything illegal they can, but my nephew caught them.
By the way VAC has done Jack shit for anyone, The ombudsman has made everything happen for us.

 

[Teager]

Can I ask if the decision you recieved if it was in your favour at all?

 

[koreankid]

Yes they accepted 1 out of 6. The one they accepted was cut down hugely by not using all my medical documentation submitted as evidence, they used the oldest medical documents showing the condition in its earliest form and used the wrong disability tables to take all they could.
The other 5 that were accepted by the Canadian government as conditions that were a result of my military service in Korea found in the Australian Health Study 2005 were not accepted, and they did this by removing the Australian Health study 2005 from the VAC website and adjudicating as if it never existed. The same Health Study 2005 is found on the VRAB site and shows this is intentional as it has to be on both sites. Then you get people like bin RAT who most likely works for Veterans Affairs posing as a vet or soldier trying to disprove all the things a vet discovers and tries to bring forward to other vets and current cf soldiers. I spent most and part of the last 10 years in the hospital where my severe peripheral vascular disease had started gangrene on both feet and they were going to amputate both legs at the knee. This caused open bleading cysts on my legs and feet for many yaers. I was lucky new technology allowed for surgery and stenting. I now have my main blkood supply connected to my other leg to avoid amputation. All my conditions were accepted by parliament in the studies and we are to be compensated for our medical conditions from the chemical exposure, except that VAC staff want their performance bonuses and can't get them unless they do very serious things to adjudications, but thankfully my nephew is educated in some law and has discovered all of this.
So, no review until the adjudicator owns up in court to what she has done, then I will take this to adjudication if these documents don't turn out to be fraudulent as we suspect they are. I am no martyr but all the other vets and cf soldiers are happy someone has discovered this and is fighting on their behalf also. BinRAT is a fed and we have smoked out others on other sites as well, no vet or soldier is going to talk to a vet in that manner when he has discovered what VAC is doing. It's going to help others down the line and yes I'm paying for a private lawyer because I have discovered a system within VAC that I can't trust anyone assoc with the dept.

 

[the 48th regulator]

Yes they accepted 1 out of 6. The one they accepted was cut down hugely by not using all my medical documentation submitted as evidence, they used the oldest medical documents showing the condition in its earliest form and used the wrong disability tables to take all they could.
The other 5 that were accepted by the Canadian government as conditions that were a result of my military service in Korea found in the Australian Health Study 2005 were not accepted, and they did this by removing the Australian Health study 2005 from the VAC website and adjudicating as if it never existed. The same Health Study 2005 is found on the VRAB site and shows this is intentional as it has to be on both sites. Then you get people like bin RAT who most likely works for Veterans Affairs posing as a vet or soldier trying to disprove all the things a vet discovers and tries to bring forward to other vets and current cf soldiers. I spent most and part of the last 10 years in the hospital where my severe peripheral vascular disease had started gangrene on both feet and they were going to amputate both legs at the knee. This caused open bleading cysts on my legs and feet for many yaers. I was lucky new technology allowed for surgery and stenting. I now have my main blkood supply connected to my other leg to avoid amputation. All my conditions were accepted by parliament in the studies and we are to be compensated for our medical conditions from the chemical exposure, except that VAC staff want their performance bonuses and can't get them unless they do very serious things to adjudications, but thankfully my nephew is educated in some law and has discovered all of this.
So, no review until the adjudicator owns up in court to what she has done, then I will take this to adjudication if these documents don't turn out to be fraudulent as we suspect they are. I am no martyr but all the other vets and cf soldiers are happy someone has discovered this and is fighting on their behalf also. BinRAT is a fed and we have smoked out others on other sites as well, no vet or soldier is going to talk to a vet in that manner when he has discovered what VAC is doing. It's going to help others down the line and yes I'm paying for a private lawyer because I have discovered a system within VAC that I can't trust anyone assoc with the dept.

Koreanboy, and even typing that makes me laugh (I have a sick mind), I commend your fight and the bravado you have.  However, You sales presentation is a tad, how shall I say this, sounding like a snake oilsalesman.  You sound Kookie.  You are talking to people that have been around for a while, and know the system.  Then you get even more amusing when you start the personal attacks.  Talking about we, and this website.  I think you are out of order, and my spider senses are tingling with you.

Either way Francis, reign in the claws.  Binrat is a Government worker, CAF.  Who are you?

 

[koreankid]

This all coming from a young lad that quotes movies. i'll bet commando was your favorite.

 

[koreankid]

I probably served in Korea before you were part of the sperm flow

 

[George Wallace]

This all coming from a young lad that quotes movies. i'll bet commando was your favorite.

This is twice you have insulted members of this site.  Members who have been here much longer than you.  It has not gone unnoticed.



 

 

[MJP]

With such flippant and bang on witty remarks like the last few I am in shock how much trouble you seem to be having in dealing with the VAC.  Obviously with one as great as you they should be bending over backwards to assist in in anyway possible.  Clearly all the issues are on their end.

 

[BinRat55]

koreankid, I am affording you the benefit of the doubt - if you are truly a Canadian veteran from that era you do deserve my respect. You are ill and I hope you get the help you have earned through serving this great country.

Please stay on your meds... I am going to take the high road here and apologize for even starting this with you.

 

[Loachman]

I've just reviewed this entire thread, and a couple of people need to dial it down a little. None of this acrimony was necessary.

I've locked it for twenty-four hours until people calm down

If anybody has anything critical to say, they can PM me.

In the meantime, if anybody is willing and able to provide koreankid with the requested examples, please do so. It's certainly not going to harm anyone, and also may help someone.

 

[Loachman]

Unlocked, a little early.

Behave, play nicely, help each other.

 

[blackberet17]

koreankid:

The studies to which you refer are the fol:

1) Cancer Incidence Study 2003: Australian Veterans of the Korean War.

It is available here:

http://www.aihw.gov.au/publication-detail/?id=6442467537

2) Mortality Study 2003: Australian Veterans of the Korean War.

It is available here:

http://www.aihw.gov.au/publication-detail/?id=6442467527

3) Health Study 2005: Australian Veterans of the Korean War.

http://www.dva.gov.au/health-and-wellbeing/research-and-development/health-studies/health-study-2005-australian-veterans

Those are the three studies the Australian Institute of Health and Welfare has published to date in reference to Australian Veterans of the Korean War.

All three are listed – as hyperlinks back to the original creator and holder of the document - on the Veterans Review and Appeal Board (VRAB) web site for information purposes.

It is my regret to inform you there is no conspiracy involved in the links being removed from the Veterans Affairs Canada (VAC) web site. Those three documents are linked on the VRAB site, and are easily found on the Australian Government Department of Veterans’ Affairs (AGDVA) web site.

Furthermore, the three studies, as well as the AGDVA’s Statements of Principles and many other reputable medical journals and studies, were used to form the basis of VAC’s Entitlement Eligibility Guidelines.

The VAC web site contains a document which should be of interest to you, and can be found here:

http://www.veterans.gc.ca/eng/about-us/policy/document/1445

It is the Policy Document as related to the studies listed above. It outlines the guiding principles for the adjudication of disability benefit applications for conditions recognized under ALL three of the studies listed above.

I will direct your attention to the list below:

Illnesses/Medical Conditions Accepted by VAC as Associated with Service in Korea
2. VAC may grant disability benefit entitlement to Canadian Korean War Veterans, who served in Korea, for the types of conditions identified below:
a. Primary malignant neoplasms (including "in situ" neoplasms) of the following sites:
i. Primary malignant neoplasms of the head and neck - includes only the following sites:
• lip (excludes skin of the lip)
• tongue
• salivary glands
• gums
• mouth
• tonsils
• oropharynx
• nasopharynx; and
• hypopharynx
ii. Primary malignant neoplasms of the larynx
iii. Primary malignant neoplasms of the trachea
iv. Primary malignant neoplasms of the lung
v. Primary malignant neoplasms of the esophagus which includes:
• gastroesophageal junction
• squamous cell carcinoma of the cardia of the stomach
vi. Primary malignant neoplasms of the colon
vii. Primary malignant neoplasms of the rectum and anus (excludes skin of the anus)
viii. Primary malignant neoplasms of the prostate
ix. Malignant melanoma of the skin
b. Malignant melanomas of the following sites:
i. skin of the lip
ii. skin of the anus
c. Other General Medical Conditions:
i. Chronic obstructive lung disease (includes chronic bronchitis and emphysema)
ii. Ischemic heart disease
iii. Cerebrovascular disease

This list would have been used, in part and along with all of the other medical and service evidence in your file – of which you would have a copy through your Access to Information and Privacy Act request – to determine whether your claimed medical conditions are related to your service in Korea.

Following any determination of a link between your claimed medical conditions and your service in Korea, the resulting pensioned medical conditions would have been assessed by using the Table of Disabilities.

The Table of Disabilities is a legislated document, of which a copy can easily be found on the VAC web site, and is used in assessing the degree of disability resulting from medical conditions associated with military service, in war time and in peace time.

The Medical Impairment ratings are based on the symptoms presented due to a specific medical condition, and provide the basis for the percentage a Veteran or service member is then awarded. Korean War Veteran claims fall under the Pension Act, which means this percentage would equate to a monthly pension, based on the Disability Pension Rate Table for any given year. (2015: http://www.veterans.gc.ca/pdf/services/disability-pension/Disability-Pension-Rates-2015.pdf)

In other words, let us say your peripheral vascular disease (PVD) was found to be associated with your service in Korea, and you receive a full disability pension of five-fifths. The symptoms related to your PVD are then assessed against the concordant Table of Disabilities, and a percentage is then awarded. For the sake of argument, let us go with 25%. This would equate to a monthly pension of $665.94 for an unmarried pensioner.

I still fail to see how you feel VAC or DND “owes” you an amount IVO $750,000.00, considering the amounts prescribed by the Rate Table above. To my knowledge, no ex gratia payment has been approved by the Government of Canada for chemical exposure in Korea, such as is the case for Agent Orange exposure in the mid-50’s at CFB Gagetown – which amounted to $25,000.00.

I will not speak to your claims of a conspiracy regarding the adjudicator. While not knowing the specifics of what you may or may not hold in your hand, I have great difficulty believing such a situation exists in any form you or I may believe of reality.

I still strongly recommend you reach out to the lawyers at the Bureau of Pensions Advocates (BPA), for the reasons I have previously mentioned. BPA's mandate is to assist clients in the preparation of applications for review or for appeals and to arrange for them to be represented by an advocate at hearings before the Veterans Review and Appeal Board. They have the expertise to assist you with your concerns, as I have already mentioned. It would be to your benefit to request Departmental Reviews to the Department, and/or Reviews to VRAB, of any unfavourable decisions you have received regarding your pension applications, rather than expend time, energy and money (regardless of your “no object” statement - all wells run dry eventually), on what could be a fruitless endeavour.

BPA can be reached, toll-free, at 1-877-228-2250.



Edit: Edited to clean up some abbreviation use, and added the phone number.

 

[Loachman]

Thank-you, blackberet17.

 

[konda]

I appreciate the time you have put in to show the information, however we have all that already. My uncle isn't on meds and needs no meds as he is mentally stable as can be. And it is appreciated that someone finally said they respect his service. My own father and 2 uncles served in ww2 with the loyal Eddies and this veterans own 2 brothers unfortunately had to land on the beaches of Normandy. We have a proud military background as most of you do also.
As for the Australian Korean war veterans studies, we know there are 3 studies and if you look on VAC website, only 2 are listed, and the reason my uncle and the rest of the family is pissed is because the 3rd study that is missing on this site also has the medical conditions that are approved are missing as well and aren't listed.So now a veteran has to fight for something that he was to be paid for already and chances are he'll expire before all the reviews and appeals, most likely what VAC wants. I guess my uncles way of thinking would be, If he discovered a booby trap or mine while walking, should he alert the guy behind him of this. If a veteran discovered something with VAC should he tell the next veteran what he has discovered. It really is the same thing. I have found documentation from other veterans that proves all the missing information on VAC site for medical coverage for the 3rd study is covered. So why should the next veteran come along and not be compensated because the information is not available on the VAC site. Not all veterans have people to help them. As for the medical testing that was to be ordered by his doctor, the doctor was to order 5 tests which means all the results would come back to that doctor and be accessible to my uncle. What happened is in his medical files we ordered months after the tests, no requisitions for the tests were found, no test results from the labs were found. We were told by the sister clinic that a doctor who my uncle never ever seen ordered a test but no record of the requisition existed when we went to view his files or test results existed except for the results the doctor transcribed from the test we can't get. In all 12 doctors were involved from the information we were able to obtain. One doctor that my uncle never ever seen was found to be a wcb doctor who transcribed a test that no one can get the results of the real test. You all may have had help from VAC and that is great, but I can assure you my uncle has had none as I have had to resort to audio recording phone calls to get them to tell the truth. I spent 2 months emailing VAC to get them to verify these decision documents and they will not respond. I got his ATIP documents that show emails between the workers and them stating"what are we going to do? we can't answer him online" This was reference to the emails that the adjudication was fraudulent. I am a very well educated person and I am of sound mind also, and no, I don't need meds either, if VAC won't even verify their own signed documents and don't have any copies of the signature on file my uncle simply is going to take the adjudicator to court to verify her signature and decision documents. That is not harming anyone, can you imagine if the documents were fraudulent what would this do for others in the same boat. Imagine if it was you that was helped because some old kook from a different era kept on fighting and never quit like he was told in Korea. I am sure happy my dad,uncles, and others in ww2 never quit, their sacrifices gave us pretty good lifes.  Should the veteran and his family let the next vet step on the landmine, or should the vet yell out "Look what I found"and help his buddy coming behind him? I had to quit my job a year ago to take care of my 85 year old mom with her medical problems and also moved my uncle in with me to take care of him so he didn't have to go to a home, I think it's a small sacrifice for both their services as seniors and a veteran. I am very glad and proud that the KOOKY old veteran has taught me to never give up also very sad to see an old veteran patronized like he is an idiot. we have had 3 lawyers review all the stuff we have found VAC doing and they are all of the same conclusion that major sh$t is going on inside of VAC. If we are right in what the documents are telling us and we prove this I hope an apology will come from a couple of people because they may be in the same boat when they get older!!! It's alright if no one wants to show their decision letter the Adjudicator will prove this all in court for him anyways.
Again thank you Blackberet17, loachman, and others- helping each other should be the prime reason for the site
He is owed money for the lump sum award not a monthly pension. they just don't want to pay, that is why there are over 15 mistakes in his adjudication.To make these mistakes, the right to procedural fairness,and the legislation and policy of fair adjudication were not given to the veteran and I am very curious myself to see the outcome of the adjudicator taking responsibility for this or not. Other wise, what is the reason for having these policies and legislation if they are not followed by the adjudicator. I am pretty sure if the adjudicator says the documents are hers and the signature is hers she is going to know she's getting sued. But the main thing is will the adjudicator do this again to the next vet if sued the first time.

 

[blackberet17]

konda and koreakid:

I can try to assist and provide you with the information readily available to me. Which is what I have attempted to do above.

While I do not speak for anyone working in IT or Communications or Web stuff at VAC, I highly doubt there was any conspiracy or malicious intent in the link (because that's all it ever was, if I remember correctly, a link to the study back on the AGDVA's web site) being removed from the VAC web site.

I have provided links to the three studies to which you refer. Which can also be found on VRAB's web site. The "fact" only two of the studies are available on VAC's web site is insignificant at best. All three of the studies are readily available to anyone with an internet connection and the ability to type the search words into a search engine of their choosing, or by following the links I provided above.

. . . the reason my uncle and the rest of the family is pissed is because the 3rd study that is missing on this site also has the medical conditions that are approved are missing as well and aren't listed. . . .

If you scroll up, the list is there, provided as a direct quote from the Policy Document in question. And it is readily available by searching on the VAC web site.

Again: I strongly suggest you contact the Bureau of Pensions Advocates. I believe I speak for more than one person here as we read your posts: I have grave concerns your private lawyer(s) are not directing your inquiries correctly, and are confusing the matter: if you are dissatisfied with the decisions you have received from the Department of Veterans Affairs regarding your pension applications for medical conditions associated with or related to your military service, you should be taking them to the Bureau or - if you lack the trust in those folks - a Royal Canadian Legion Service Officer.

 

[konda]

Thank you, but it is very significant that the information is not on the VAC site, because the previous versions and archived documents are also missing. you talk about anyone with an internet connection, we are talking about many old veterans that rely and believe what is on the VAC site.My  uncle was fortunate enough to have me find the info on line, however, maybe all the information should be removed from the VAC site for all veterans so no one can find what they need. then VAC wouldn't have to pay anyone. I want to go work for VAC so I can get my performance bonus. The VAC site is there for a reason, and there can be no reason some veterans get all the info they need and others don't. There should be no reason VAC should be telling veterans that they are not eligible for pension awards when they are. if they would have treated my uncle fairly and helped him he would have quietly went on his way, now everything we have found is going online and I'm sure will cost millions more for the other vets that see this info. The issue he went on here wasn't for the medical conditions and what was awarded, it was about the VALIDITY of the Decision letter itself. We don't need pension lawyers for this. A private lawyer will prove if the documents are valid. If they aren't valid and are fraudulent like we all suspect, then there won't be a reason for a review will there, just a fraud investigation by the RCMP and a new fair adjudication.
To Bin Rat, I thank you for the respect shown later to my uncle, didn't care for the remarks about the meds, but whatever, the world goes around. To the other fella that thinks my uncle is Kooky, if you seen what we and the lawyers have for documents, audio recordings and VAC inter- office emails you wouldn't be saying that, I can assure you. To Blackberet17 the medical conditions you show seem to have been altered by VAC. Look on the bottom where it says Other General Medical Conditions. It is supposed to read Arteriosclerosis (which includes cerebrovascular disease and peripheral vascular disease) I have lots documents from latter 2000's that prove this. Maybe someone wants to see the signed document by a pension officer that was given to a doctor to release medical documents to VAC without having permission from the veteran. They still don't have this permission. Even a  doctor tried to get my uncle to sign a covered document with only the signature space provided and my uncle refused. Definitely no conspiracy here. I would like to thank all people reading this for your service to this country and hope you all are respected when you are  old frail veterans by your next generation. This old veteran didn't come on here to look for glory, he found that when he had his birth certificate backdated by his mother and went to Korea at 17 so he could be like his 2 big brothers at Normandy. Kooky Konda out.

 

[PMedMoe]

I have a file on my desk right now, with four decisions in it, from May 2014 to July 2015. Three of the decisions (all in 2015) are preceded by a cover letter, containing a basic explanation of the decision itself. There is no signature block on the cover letter. Attached to each of the three cover letters are the decisions themselves (Departmental Review, Assessment Decision, and Official Decision). Each of the actual decisions has a signature block at the end. Neither is on a separate page from the remainder of the text of the decision, and each page is numbered at the top.

This is basically what mine is like except that my cover letter has a signature.  The cover letter is three pages, all numbered with the payment officer's signature and the decision letter is also three numbered pages with the signature of the benefits adjudicator.  These two items were attached together and I also received the Disability Worksheet (single page) which is also signed by the payment officer.

 

[konda]

Thanks MOE, I kind of don't understand, but maybe you can walk me through it. I was sent one by email from Bin Rat, and it really helped as I am discovering things that haven't been sent to my uncle and how Bin Rats and my uncles have been manipulated to have a signature block on the end by itself and not part of the decision letter. Is there any way you could copy this and black out all your personal info so I could view it. Trust me it is very important or I wouldn't be asking- what we find different about the letters compared to ours. We are taking the adjudicator to court shortly.
Bin Rat put his on google drive so I can't copy it, but I can view it and you wouldn't believe the things that have helped me so far.If you can't that's ok too. I will settle for your explanations. I will need to ask you specific things about each page if you don't mind answering a lot of questions. Please let me know. your only the 2nd person who has offered to help out of 1200 views so I will take what I can get and appreciate it.
Thank You-Konda

 

[the 48th regulator]

Thanks MOE, I kind of don't understand, but maybe you can walk me through it. I was sent one by email from Bin Rat, and it really helped as I am discovering things that haven't been sent to my uncle and how Bin Rats and my uncles have been manipulated to have a signature block on the end by itself and not part of the decision letter. Is there any way you could copy this and black out all your personal info so I could view it. Trust me it is very important or I wouldn't be asking- what we find different about the letters compared to ours. We are taking the adjudicator to court shortly.
Bin Rat put his on google drive so I can't copy it, but I can view it and you wouldn't believe the things that have helped me so far.If you can't that's ok too. I will settle for your explanations. I will need to ask you specific things about each page if you don't mind answering a lot of questions. Please let me know. your only the 2nd person who has offered to help out of 1200 views so I will take what I can get and appreciate it.
Thank You-Konda

Can I ask you to stop begging the masses to stroke both of your uncle, and your egos.  We get it, he served, and he was hurt.

Some of us have been too, don't see you helping us, or priaising us either.

 

[konda]

You are certainly entitled to your statement and opinion and I respect that.  No one is begging and if someone wanting to help someone wishes to, I think that is what its all about isn't it. I was contacted by someone on the forum and it was their choice to contact me and if they wish not to answer that is also their choice. I will not engage in my opinion of your comments as I would be very rude and ignorant by doing this. I do appreciate your feedback though and also appreciate that you took the time and interest in posting. If there is any other way I can help anyone please ask. This post is about information on a decision letter, if you want to discuss something else, I would be happy to visit your post to discuss it.
I would also like to point out that you are incorrect in stating we are not trying to help anyone. Look on the main page and you will see Koreankid left some information on VAC/SISIP tips trying to help others. I am also a Business Administrator and if anyone can use my knowledge please direct them to me, I would have no problem trying to help them the best I can. I am sure you just missed koreankids attempt to help others on Teagers post before you left your post here, that's ok, everyone makes mistakes. You have also have not read through this post very well as the information is not only for my uncle, it most likely will help others as well. Loachman also agrees earlier in the post. Maybe you had a bad day and I am helping you right now to vent. That's not a problem I will help anyone I can.I believe in paying it forward. I am just trying to help a veteran, and the only thing important is that we can help others with the information. Is there anything else I can help you with? Please Advise.