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Legal Help for Veterans

Posted by Trevor in under other on May 30th, 2006 | View Comments |

The Department of Veterans Affairs has a long history of providing less than stellar care and services to those men and women who have served our nation in the armed services.

The Washington Post reports today that members of Congress are attempting to tweak the morass of legal red tape that intimidates many veterans from ever asking for necessary help in the first place. My plain English one sentence synopsis of the article – the involved members of Congress are trying to make it easier for veterans to hire lawyers to represent them in cases involving the VA.

I doubt this will make much difference for most veterans with ongoing medical problems related to their service but I could be wrong.

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David H. Marshall

Is there any way to contact the 77 injured flight line personnel? There has been no response to the certain 135 decibel (dB) to 177 dB noise level injuries during an ongoing 18 years of letters to Congress and Veteran Service Organizations.

The 130 page USAF Project 7210 Technical Report (TR) 54-401 records the noise levels for 27 versions of 10 jet-engines in 1952 to 1956 U. S. Military service; see “contrails.iit.edu”, under its “search” use “TR 54-401". The flight line overall “very high noise levels” range from 135 dB (@ 6,144 X) to 177 dB (@ 815,583 X) vs. the ignored protection required by the 1948 Air Force Regulation (AFR) 160-3 at 95 dB and 59 X! This with this veteran’s in-hand documentation could help the 77, e.g., “Had some trouble with hearing while working on warm-up crew for F-86 D with very high noise levels.” The physician’s 29 Jan. 54 USAF Cadet Wing Commander washout statement. All flight line personnel at Tyndall AFB, Panama City, FLA. were unprotected and subjected to the “very high noise levels”. All worked well within a 50 feet radius and were injured in direct disobedience of the AFR 160-3 required protection. For F-86D personnel it is the then known certain J47-GE-1 jet-engine injury, i.e., TR pages 68-75, “Test Group 10, Date of the Tests: 1952, Test Numbers 62-64". This is an at 50 feet 158 dB noise level with an 87,381 sound pressure multiple (X). Fifteen (15) of the 77 were repeatedly exposed to a “warm-up crew” level of over 699,051 X at 176 dB! The AMA Family Medical Guide 3d edition, page 365 is the sound pressure multiple (X) source. Its 60 dB “Normal conversation” is the base line for the calculated “...sound pressure doubles with an increase of 6 decibels” 87,381 X to 699,051 X.

A 4 April 2008 Board of Veterans’ Appeals letter was an “unable to locate” their previously in-hand over one foot high stack of from 1952 evidence. Again provided were over 100 VA 8/2/95 “certified” copies of the veteran’s still in-hand proof that resulted in the Menieres disease and 100% unemployability awards. In reference to these award resulting resubmissions, a VA 10/16/08 letter noted “...because of insufficient or inaccurate information we cannot identify the proper record.” Part of the evidence was of the VA Boston Regional Office Rating Board’s 7/9/57 clear and unmistakable error claim of an awarded hearing loss only. Their 4/26/57 examining physician’s 4/3/58 submission of the before the 7/9/57 Board evidence that resulted in the still overlooked USAF SURGEON’S 6/25/58, “PERMANENTLY MEDICALLY DISQUALIFIED FOR MILITARY SERVICE”! A still in-hand yet again resubmitted, to date ignored proof of error!

The question is not if these 77 unprotected individuals were injured but how badly, e.g., this veteran’s over 699,051 X “warm-up crew” Menieres disease and 100% unemployability! Your help in making the 77 aware of the July 1956, Project 7210 Report’s then known but ignored 1948 AFR 160-3 consequences would be most appreciated. Thank you.

AIR FORCE SERIAL NUMBERS (AFSN) ARE AVAILABLE FOR EACH OF THE LISTED 77 OTHER USAF PERSONNEL.
1952 - 1956 JET AIRCRAFT MECHANICS, AFSC 43131H AND 43151C.
NO. NAME. NO. NAME.
1. APPLEYARD, WILLIAM L. 40. HOWARD, ROY W.
2. BATES, JOE H. 41. HOWARTH, WALLACE R.
3. BAVIS, HARRY G. 42. HURLEY, DAVID W.
4. BERRY, DENNIE 43. IENSE, WILLIAM A.
5. BERSTRON, ELLERY D. 44. IRVIN, JAMES E.
6. BERTRAND, ROBERT E. 45. JANDRON, PAUL J.
7. BONASERA, JOSEPH E. 46. JONES, GLEN R.
8. BONE, J. E. 47. JONES JR, BOBBY
9. BRITTAIN, THOMAS W. 48. JUNG, WESLEY E.
10. BUMPUS, JOE E. 49. JUSTICE, HERMAN M.
11. CADRETTE, EUCLID J. 50. KEAN, RONALD B.
12. CARNEY, JOHN F. 51. KELLY, HAROLD R.
13. CLARK JR, CHESTER H. 52. KELLY JR, GERALD L.
14. CODORI, JOSEPH B. 53. LARKOWSKI, GERALD G.
15. COUNCIL JR, JAMES I. 54. LEWIS JR, FRANKLIN
16. CRISWELL, WILLIAM G. 55. LOCKIEY, REGINAID E.
17. DONALDSON, WILLIAM A. 56. LOGSDON, ELMO W.
18. DUESLER, JOHN H. 57. LONG, EARL T.
19. DUNBAR, LEROY W. 58. LOVE, JERRY K.
20. EWTON, JAMES E. 59. LYCAN, EDWARD S.
21. FLENING, JACK E. 60. MORGAN, WARNER L.
22. FRITZ, JOHN A. C. 61. MULLINS, JIMMY A.
23. GILAM, JAT T. 62. MURPHEY, TALMADGE G.
24. GOMES JR, MANUEL F. 63. MURRAY, WILLIE E.
25. GONES, LEAMON 64. MUSGRAVE PAUL I.
26. GORE, WILLIAM R. 65. OGBORN, GLENN
27. GREEN, LEVI D. 66. OTTLEY, FRANKLIN D.
28. GUILA, MIKE J. 67. RATHJEN. CHARLES
29. GUNSLAUS, DAVID W. 68. REID, BILLY G.
30. HANDLIN, JAMES F. 69. RICHARDSON, JAMES W.
31. HARDING, JERRY L. 70. SANDELL, PHILLIP R.
32. HARTER, JOHN E. 71. SEXTON, FRED B.
33. HENDON, JAMES 72. SHUMATE, RICHARD W.
34. HENDON, JAMES H. 73. VOLLENTINE, DONALD R.
35. HIGNUTT, JESSE L. 74. WALLER, GLENN R.
36. HILL, RAY S. 75. WHITE, SAMUEL L.
37. HINSON, BERT L. 76. WOOD, LEONARD F.
38. HIRSH, DONALD H. 77. ZIEGLER, CARL P.
39. HODGE, JAMES F.
rthorne

Currently I'm battling the VA and Security Disability. One could have a nervous breakdown putting up with all the crap they dish out.

I had a nervous breakdown in the Navy in 1968 and was issued a general under honorable discharge which became honorable after six months. I have another nervous breakdown in 1985, received shock treatments and fell from the hospital window and broke my feet and back.

Throughout that time I've tried to get disability benefits but the VA said I wasn't disabled enough. The VA also claims I had a pre-existing condition which doesn't qualify me for service connected benefits.

Currently Social Security has denied me disability benefits so I've appealed it. One has to be on life support to qualify in my opinion.

The Va has determined I'm a priority 5 and I've appealed it stating the VA aggravated my supposed pre-existing condition and I should be a 3. God only knows how that will come out.

Currently the American Legion is handling my pension claim. It doesn't look to promising considering one's views on that organization.

CURRENT STATUS: I walk with a can and have arthritis in my back and legs. because of the shock therapy i received I have severe memory lapses from time to time. The VA has given me medication for my emotional and physical disabilities.

I thought you would be interested in all the crap I'm going through fighting the VA and Social Security.

Rick Thorne