Mike Harper – VA Claim# C28 131 501 6-16-2003
PO Box 4620
Kailua Kona, HI 96745
The year was 1965, I was a 20 year old boy drafted into the Army. After completing boot camp, I was injured. My knee caps were crushed beyond repair on 12-29-1965. I was discharged from the Army, and sent to a VA hospital in Livermore CA, where they removed one of my knee caps. The other knee cap was removed in Martinez VA hospital, subsequent to the 1st surgery. I was denied rehabilitation, disability, and other help from the Veterans Administration. I spent the next 30 years as a cripple with no assistance from the Veterans Administration even though I begged and pleaded for help, year after year after year ; Because they said that my injuries happened prior to my being drafted into the service, and I was left on my own to survive all those years. The doctors I talk with inform me that my injuries will never get better. My injuries are degenerative and will worsen as I get older. The Veterans Administration has finally accepted the responsibility of my crushed knee caps, as being “service connected”.They also confirm the fact that the injuries occurred on 12-29-1965.
The VA will only give me an effective date of June 3, 1991.
The VA will not accept responsibility for the injuries that I sustained from frequent falls during the past 35 years; the VA states that they are non service connected.
I am hereby formally requesting assistance, for my on-going battle to get my effective date set back to 1972, which is when I first began my fight for benefits with the Veteran’s Administration. I have irrefutable documentation, all through my file, which shows clear and unmistakable errors, in my case made by the VA. The following are points and questions that I have and have been asking, and have yet to get any real answers. I have been denied physical therapy, which could have helped me overcome some of the trouble that I experience; only now it’s too late to do anything, but try to be comfortable. I have been denied even the simplest things, such as crutches or a cane, or even pain medication, which again would have helped me all these years, and made my life a bit easier. It is too late to undo the damage that was done from 35 years of repeated-injuring falls. I would like to know why they removed my kneecaps, and then didn’t put anything back to replace them. I would like to know when someone is going to take my undeniable evidence, and do what is right, and award me my earlier effective date!
I was
granted service connection on my injuries. The VA stated that it was not an
aggravated injury. There are mounds of proof, throughout my file – which
shows I was in VA hospitals being worked on much sooner than 1991. The VA Hospital staff made sure that I never
stayed more than 20 days at a time, so I would not get any compensation, which
is probably the most concrete evidence that I have that can prove that I was
disabled prior to June 3, 1991. More evidence is that the Social Security
Administration deemed me 100% disabled in
1976 because of my injuries. The Board
of Veterans Appeals remand dated 09-08-1997, says to “disregard the finality of
the 1984 decision and look at both OLD and NEW evidence”. Who will do that? Every person we speak to agrees that the VA
is wrong in their evaluation. The
evidence is blatantly obvious! (See Doc. #1)
1. On a 10/20/2000 decision:
The document states that I was denied because my high school coach’s statement was not as credible as my statements, however, the draft board’s team of Doctors evaluated me and decided that there was nothing wrong with my knees whatsoever, and stamped me fit and inducted for service. Would not their word about my medical condition have more credibility than my word, because they are medical Doctors and would know better than either the coach or myself? (See Doc. #2)
The RO that made this decision had stated to me that he was not going to decide on this matter, that he didn’t understand the remand. Jacqui Miller, my caretaker, was sworn in at this meeting and witnessed it. The Decision Officer changed his mind and decided against my case. We are unable to get anyone to explain his reasoning. Please explain to me his reasoning in terms that make sense to the common man. The error that was explained in the above paragraph, which was made in the Decisions Officer’s decision, needs clarification.
2. If the Board of Veterans Appeals, in Washington DC, previously thought my case should have a remand, and the Decision Officer does not follow the directions of the remand, does the BVA then have the authority to make a judgment in my case? Can the VBA award me my earlier effective date, or do they require the VA to look at my case again, on the state level? Is there anyone else that has the authority to make decisions in cases that seem to run past the 30 year fight mark? Should there be a system set up to handle these cases expediently? If there are other organizations that deal with people that are to receive benefits, and those people can begin to receive their benefits with in days of walking into that office, than there is no reason that our Veterans Administration can not work in the same way. There is no justice making Veterans wait sometimes years before getting benefits, or die waiting for their benefits. If one knows there are benefits that they are eligible for, they should inform that Veteran, so the Veteran does not wait years until they accidentally stumble upon it.
3. I have documented incurable stomach problems, that have been granted service connected due to anti-inflammatory medications given to me by the VA doctors. I receive 0% disability for that, which is a slap in my face as I sit up at nights, unable to sleep for any length of time.
I am told that the VA is above the law, and my own experiences make me feel that this is entirely true. Everyone tells me that there is help for the Veterans, where is my help?? A second mailing to other potential help is being compiled, once finished it can be seen at http://www.veteranshelp.com.
Sincerely,
Mike Harper - – VA Claim# C28 131 501
Enclosures: Doc#1, Doc#2, Information and Privacy Act Form
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CC: President Bush, Vice President Dick Chaney, First Lady Laura Bush, Chairman Arlen Specter, Senator Ben Nighthorse Campbell, Senator Jim Bunning, Senator John Ensign, Senator Lisa Murkowski, Charlie Yonts C/O Senator Bob Grahm, Senator Jay Rockefeller, Senator Akaka, Senator Patty Murry, Senator Zen Miller, Senator Ben Nelson, Senator James M. Jeffords, The Honorable Larry Craig, Veterans Administration, Board of Veterans Appeals, Veterans Benefits Administration, Special Assistant to the Secretary for Veterans Service Organizations Liaison, General Counsel, Governor Linda Lingle, Congressman Ed Case, Senator Dan Inouye, Karen Iwamoto - West Hawaii Today, Mr. Bill O’Reilly – Fox News