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The Saga of Terry Soles, A Widow ‘SPEAKS OUT’

vfc_new_logo_150by Barbie Perkins-Cooper

            As a writer and the proud wife of a Vietnam Veteran, I research information about the military, especially informative material to assist Veterans in their battles with the Veterans Administration.

 

Recently, I discovered the heartbreaking story of Denise and Terry Soles and their devastating experiences with V.A. medical benefits and care during the illness and eventual death of Terry Soles.

 

Denise Soles and I have a bit in common. My father died from esophageal cancer in 1999. Terry Soles was diagnosed with esophageal cancer in 1998. Denise is a feisty, determined woman who does not take no for an answer, and like me, she documents the actions of medical care along with the comments doctors express.

     

            Like Denise, I have watched how the V.A. treats our veterans. It is not a pretty picture. Each time I visit the V.A. hospital, I get angry when I see weak, physically challenged, and ill veterans sitting in the waiting rooms, many times all alone, anticipating hearing their name called. The lack of personal compassion and professional medical care irritates me.

           Each time I observe men and women sitting in wheel chairs, or using a walker or cane, sitting while watching HBO or some form of cable TV in the overhead monitors, other veterans waiting might flip through old, outdated magazines, waiting – like a herd of cattle anticipating the time when the pasture line will move and their name, or number, will be called.

            Once with my husband, we were waiting for three hours, just to meet with his endocrinologist. A few minutes after 5pm, the doctor he was waiting to see passed by us, carrying his blazer and a bag on his shoulder. My husband nodded and the doctor approached.

            He was leaving for the day, but could give us fifteen minutes of his time. How considerate! Perhaps others would kick and scream like a child, but Veterans are accustomed to this form of treatment. Standing, or sitting in line, like a herd of cattle awaiting their time… After all, the military taught them to wait. And wait. And wait. Cattle headed to pasture, troops headed to a war zone, veterans headed – to?terry soles

            Military families serve our country with pride, working together as teams to protect, defend, and serve the United States of America. While serving our country, troops are promised they will be taken care of by the ‘US of A’; unfortunately, that is not the case in the Twenty-first Century, nor has it been the case for many Veterans.

Repeatedly, veterans must battle an emotional war, just to get the benefits promised. Many of these veterans give up this battle, frustrated after waiting too many years, just to get the approval of what they were promised during combat battles, or their dedication to military service.

            Veterans were trained to work together in teams and not to make noise. For others, the widows and widowers, the battle continues while grieving over the loss of a loved one. Such is the case for Denise Soles and her family. 

            Terry Soles was a typical, all American kind of guy. Dependable, hard working and very devoted to his family. Terry was proud of his country, the United States flag, and what it represented, along with his military service. He served in the United States Navy as a jet mechanic in Rhode Island, during the Vietnam conflict. He was the first to serve others, but when it came time for him to seek help, after his military service, the United States, and the V.A. let him down. 

           Denise Soles was married to Terry Soles for 21 years. Together, they raised a family, living in Ohio where Terry worked in construction. In early 1998, life was good. Terry took pride in his work. He went the extra mile to make certain his customers were happy with his handiwork. A boisterous 6’ tall, weighing 228 pounds, Terry Soles was well respected in his community. In March 1998, everything changed, starting with Terry ill with severe stomach pain, fitful diarrhea, and a misdiagnosis of the flu. After several days of bed rest, a decision was made to see the doctor again. Diagnostic medical tests were completed.

          Anticipating an astronomical medical bill, without medical insurance, Terry decided to go to the V.A. Hospital. Thus began a nightmare that changed everything. Driving to Canton, Ohio for diagnostic testing at the V.A. clinic, Terry and Denise waited for a proper diagnosis. Little did they know these journeys for medical tests would result in six months of not knowing what was wrong with Terry. When it was determined that the tests were not extensive enough, they traveled to the Cleveland Ohio V.A. Hospital in September 1998. Whatever was wrong with Terry was still undiagnosed and could be growing. 

            The Louis Stokes Cleveland V.A. Medical Center appeared to be a friendly atmosphere with caring professionals who would care for Terry. After the testing was done, Terry and Denise were sent home. “We were told to go home and we would hear something within a few days,” she said. Driving for two hours to their home, the family tried to have a normal life. Denise went to work. Terry attempted to work, but it was difficult to focus on work while his health, the diagnostic tests, and the demands of his life were on his shoulders. 

            When the phone rang, the doctor informed Denise that a small tumor was found in Terry’s esophagus. The doctor was apprehensive about telling Terry the news on the phone, so a medical appointment was scheduled. Driving back to Cleveland, the mood was silent. Meeting with the doctor, the prognosis of esophageal cancer was shared. Terry had a small, malignant tumor. Since the tumor was so small the medical doctors were not concerned, nevertheless, surgery was recommended.

 

            October 16, 1998 Terry had surgery that was a four-hour procedure. On this date, Terry weighed 173 pounds. Since March 1998 – seven months after the diarrhea started, he had lost 55 pounds. Removing 1/3 of his esophagus, and 1/3 of his stomach, Denise was told the surgery was a success and he was now cancer free.

            The V.A. doctors said he would be in Intensive Care for four days, moved to a regular hospital room, and when he was able to walk and eat a meal and the staples were removed, he would be dismissed. The doctors could not explain why he was suffering with the extreme diarrhea and stomach pain, but it was not related to the esophageal tumor. Additional testing would be required and chemotherapy or radiation therapy was not recommended since the malignant cancerous tumor had been removed. 

            Esophageal cancer is one of the fastest growing cancers in America and the survival rate is about five years. Most patients will require chemotherapy. This was not the case for Terry Soles. Esophageal cancer is a difficult cancer to detect. Many of the symptoms, such as coughing, difficulty swallowing (dysphagia), and indigestion are thought to be acid reflux. Diarrhea is not a symptom. Esophageal cancer may start as tightness in the throat or pain in the chest. Recurring hiccups, hoarseness, difficulty swallowing, or regurgitating food and weight loss, could be symptoms of cancer of the esophagus.

 

            The next several months are a blur of driving back and forth to Cleveland, appointments with medical doctors at the V.A. Hospital, admissions to the hospital and time Denise spent with Terry while hospitalized. Denise observed many issues of inadequate care during these hospital stays, including lab work lost, stool samples lost, and she began to question the professionalism and efficiency of the hospital setting.

           On other occasions, Denise became so frustrated, she decided to become the advocate for her husband’s medical care. She took notes, asked questions, and documented everything. She educated herself to the terminology of the V.A. professionals, along with the terms of ‘Risk Manager,’ ‘V.A. Property,’ and ‘Summary Letters’. These descriptions and documents would benefit her after Terry’s death.

 

            For two years, Terry was treated at V.A. hospitals, treated more like a pin cushion that a person. For two years, Terry had confidence in the V.A. hospitals and their care, expressing repeatedly to his wife, “I am a Veteran. They promised me they would be there for me.” As he weakened, he still believed while his body was tested, probed, and tested and probed repeatedly, like cattle headed to pasture, he would get better and the V.A. would ‘take care of him.’

  

QUALITY CARE – NOT EXACTLY

In October 2000, Terry’s weight had dropped to a skeletal frame of 70 pounds. A few of his V.A. doctors referred to his diagnosis as ‘psychosomatic,’ as described in a letter by a Risk Manager. Apparently the doctors were clueless to the fact that Terry had an unexplained weight lost of 158 pounds since March 1998. Quality of care – not exactly. Confident the V.A. would care for him properly, Terry visited with the V.A. doctors on October 5, 2000. According to Denise, the doctors were hopeful they could help Terry, and there were no signs of cancer. This was his last visit with V.A. doctors.

  

HIS FINAL BATTLE

On October 8, 2000, finding her husband lifeless in bed, his body and sheets soaking with perspiration, his body cold to the touch, Denise phoned 911 and the V.A. hospital. She had Terry transported to a hospital only 25 miles away. The V.A. hospital was aware of this and said it was ‘OK.’ Terry was extremely weak, incoherent of what was happening and he failed to recognize his son. Arriving at ER, Denise was questioned by the doctors as to the deteriorating condition of her husband. She explained that he had been receiving medical care at the V.A. Hospital and was under their care. More tests were performed. Denise was told to call all family members because Terry might not make it through the night.

 

Admitted to ICU, the weakened shell of Terry fought to survive. The prognosis of a total mass of cancer was discovered and nothing could be done for him. Terry was terminally ill and near death. He wanted to go home to die. His response to his children about the terminal diagnosis was shocking when he looked into his son’s eyes and said, “See. I am not crazy. There really was something wrong with me.” Placed in a wheelchair, Terry was discharged from the hospital. His last wishes were to be in the sunshine, and he had three final requests. One was to keep ‘Ole Red’ his 1990 red pickup truck.

 

His second request to Denise was for her to find someone who would be good to her and to move on with her life. His final, most compelling request was to fight the V.A. and to make them accountable for what they had allowed his family to tolerate. “Don’t give up,” he whispered. “Help other Veterans.” Before his death, Terry requested Denise to do all she could to help other veterans from experiencing this type of care. “Speak Out,” he said. Seven days later, on October 15, 2000, Terry lost his battle and died.

  

NO TIME TO GRIEVE

At a time when most people take the time to grieve over the loss of a loved one or spouse, Denise Soles was forced to take on a new mission. Never did she have the time to grieve because she had to keep the battle for benefits active. Death was a new battle and the fight of her life as she fought for widow’s benefits. She took it upon herself to file complaints, documenting the inappropriate care and lack of follow up with Terry’s medical diagnosis and care at the V.A Hospital.

 

She received Dependency and Indemnity Compensation, appropriately listed under the acronym of [DIC], based on the ‘inappropriate care with lack of follow up.’ For three years, she filed, complained, and made enough noise to get her widow’s benefits; however, there were stipulations that left her feeling betrayed. The benefits would continue until her death, or remarriage.

 

Knowing she had collected enough documentation to make her case, she sued the V.A. in Federal Court, and after fighting, an additional battle filled with five years of delays, she won her case concerning the medical neglect pertaining to ‘the inappropriate care with lack of follow up,’ for her deceased husband and Veteran Terry Soles. A gag order was attached to the settlement so she is limited to what she can reveal about the case and monetary settlement. When Later, the V.A. cancelled her DIC check they demanded her to send them $7000 in overpayment. For nine years, Denise continues the battle.

 

Denise tells this portion of her story best, “When I won the [FTC] Federal Torte Claim, the V.A. continued sending my DIC checks, from March 06 thru Sept 06. Each month I called the 1-800 # for the V.A. just to make certain I was getting this check correctly; and each month I was told ”Yes, the V.A. will discontinue it when and if they want to.” So in September 2006, I received DIC, and in September 2006, I got a letter stating I owed the V.A. the $7,000+ for overpayment of DIC benefits. The V.A. has taken my Dependency and Indemnity Compensation from me, calling it an ”offset”, until my share of my Federal Torte Claim is paid back to them in full.

 

I cannot understand how the V.A. feels they paid me anything for Terry’s death, and the V.A.’s admittance to their ”inappropriate care with lack of follow up,” when actually all they did was give me a lump sum of my DIC.  In all reality, they actually paid me nothing of the FTC for ”wrongful death”.  So my appeal with the V.A. is my ”offset” of the DIC, and also the ”overpayment” of my DIC, when in reality I did not create the debt, the V.A. created it by sending me the check each month.” While this may appear a bit confusing, Denise’s comments about her experiences are perfect examples of how the V.A. handles phone calls and issues. Consistency does not appear to exist within the V.A. system.

 

In 2004 Diane Sawyer and “Primetime” broadcast the story of Terry Soles. Scheduled to speak was V.A. Secretary Anthony Principi.  Unfortunately, on the scheduled date of the interview, Principi was sick and did not appear on the show.

 

When the discovery of hidden camera footage was made, revealing code violations and mismanagement, the interview with Principi was canceled. Deputy Undersecretary for Health Dr. Jonathan Perlin said the V.A. was a big system. “We take care of 7 million veterans, and sometimes, bad things happen.”

 

Bad things – like the lack of proper medical care for Terry Soles. The lack of medical treatment, and the lack of proper diagnosis. How many more veterans slip thru the cracks, herded like cattle to pasture, or elsewhere – is truly the question.

 

Now, Denise Soles fights government bureaucracy and officials, receiving little response if any. She remembers the words Terry whispered to her while he was at death’s door, “Speak Out. Don’t let this happen to another veteran.”

  

MOVING INTO THE TWENTY-FIRST CENTURY

Denise is determined to do all she can to help veterans and their families. Will the practice of herding the veterans, like cattle headed to pasture, or elsewhere continue? Exactly what will it take to make the officials, Congress, and the Legislators who make all the bills, approve the budgets and recognize the V.A. has a major problem. It appears that the V.A. would like the Veterans, their families and spouses, to walk softly into the night and not make any noise.

 

Perhaps that is where Denise Soles and I truly resemble our missions in life. I believe in the power of the media, freedom of speech, and shouting to the rooftops so my voice can be heard. Like Denise Soles I ask questions. Once when I was at the V.A. Hospital in Charleston, SC a doctor was a little too quick to write a prescription for my husband, instead of listening to his complaints. Furious, I stated firmly, “It appears the V.A. has a drug for everything, doesn’t it?” The doctor glared at me, snickered, and replied, “Pretty much.” She handed the prescription to my husband and left. So much for quality care.

 

I believe in not taking no for an answer. My husband’s battle with the V.A. continues. His file has been “sitting on a desk in Washington since March 1998.” Each time he phones the V.A. he speaks to a different person and is required to explain the scenario over and over again – like cattle herded to pasture. No accountability. No responsibility, and no decisions are made.

 

Denise Soles believes passionately in her mission to SPEAK OUT. Widows and widowers, please unite with Denise to ‘make the V.A. accountable’ for what they allowed to happen to Terry Soles, and others. SPEAK OUT so America will recognize our V.A. needs to move into the Twenty-first Century and we need to care for our Veterans in an appropriate, effective manner.

 

PROMISES MADE

President Obama has said: “We have a sacred trust with those who wear the uniform of the United States of America, a commitment that begins with enlistment and must never end.” Let us hope these promises will take effect soon, before it is too late for our Veterans and their families.

 

On October 22, 2009 President Barack Obama signed the Veterans Health Care Budget Reform and Transparency Act into law. Supposedly, this law will be known as ‘advanced funding.’ Veterans, Widows and Widowers are hopeful this will move the V.A. into a more efficient, effective and professional mode. Our Veterans deserve better and so do the wives, family members and widows, widowers. Let us all unite to SPEAK OUT while shouting to the rooftops for the V.A. to stop treating our beloved as pin cushions, or herds of cattle headed to the unknown

 

 

Visit Denise Soles blog, http://veteranswidowsfight.blogstream.com/ for additional updates.


ABOUT THE AUTHOR: Barbie Perkins-Cooper is an awarding winning writer who loves the journey and exploration of travel and health. She is the proud wife of a Vietnam Veteran and works full-time as an editorial photojournalist. She has published numerous articles and photographs for regional, health and beauty and travel publications including the Travel Channel and Buick Magazine. She volunteers as a PR rep for non-profit organizations, including Veterans-for-Change, and she is the editor of Mail Call for Glenn L. Jeffers VFW. Barbie resides in Charleston, South Carolina with her husband, Phil and three precious pups. She is the author of Condition of Limbo and Career Diary of a Photographer. Visit her website www.barbieperkinscooper.com  

 

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21 Comments for “The Saga of Terry Soles, A Widow ‘SPEAKS OUT’”

  1. There is a press blackout on veterans claims fraud. Yes they press will have veteran of the year issue. then the VA will say so sorry, that was an rare break down. The press never looks into if thats true or not. The public has no idea to the width or depth of the problem. We veterans make it so easy to do that to us.
    We need one honest chrasmatic leader to stand up, organize us. We would gladly fund that person, and let us orginize like the blacks did and the gays.
    IF a group like gays who have had tremendos hurddels to climb over to get there issues herd could do it. I dont know why veterans cant do it. We need to build a new army.

    Terry

    • Jim Davis, Veterans-For-Change

      Terry,

      What you say about uniting is precisely what VFC has tried to do for the past three years.

      To unite veterans as one with one big voice to make the changes happen that are so desperately needed.

      The biggest problem, too many are afraid to speak out for fear of losing what they have already, unfounded as it is.

      But VFC welcomes all veterans, spouses, family and friends to join in the fight!

    • Dear Jim. Has veterans for change developed any stratigys and solutons for veterans other than being a group for change? What are they? For a veteran who uses’s your plans. how long do you predict it will take for a veteran to win there claim?

      You may have read my writtings regarding the unconstitutional congressional act from 1933 banning vets from having acess to the Fed Courts. Recently the appeals court even aggreed with me in the Cushman case that veterans comp claims are a property right protected by the constituton. Justice Douglas said. A unlawful law is no law at all and should be broken. Allowing acess to the Fed Courts. Violating unlawful laws is how the blacks got to sit on the front of bus and resturants. Vets have never been orginized or taught to think of such things. This is the biggest fear the VA has. Is some vet refusing to accept not being allowed to have there lawful right to have a seat in court and then doing something something about it. By god terrorist have more rights to fed courts than veterans. We allow this to happen to us.

      Terry.-

    • Jim Davis, Veterans-For-Change

      Terry,
      Veterans-For-Change (VFC) is a pro-active advocacy group comprised of veterans, spouses, and widows who all are seeking the same thing.
      Better benefits, facilities, care, treatment and rights.
      To insure the claims process is expedited, more computerized and less human intervention, less errors, and open to all veterans without limitation.
      Check out the home page for the group on yahoo and read the mission statement: http://groups.yahoo.com/group/VETERANS-FOR-CHANGE

      Additionally our webmaster is in the process now of setting up our own website, so keep a look out for this too: http://www.veterans-for-change.com

      We need more veterans, spouses, widows, family and friends to help in the cause and we’re growing a little more each day!

      The more people we have in each state, the better our voices are heard, even with the die hard politicians who for the most part don’t seen to give a crap about veterans!

      One big thing to remember, we voted them into office, we sure can take them out!

      Veterans might only make up 8-9% of the voting population, but that 8-9% and sure make or break an election or re-election!

      Check out their track records because in 2010 about 50%+ of the Senators are up for re-election and about 30% of the Congressmen are up for re-election.

      If they have a poor track records for veterans, well come election time will be your opportunity to really make your voice heard and vote them out of office!

  2. First, get the most important documentation together in coherent form. Reporters get crazy stopries every hour of the day, so they won’t spend much time going through background until they’ve decided to do the story.

    Then, send a one-page summary — hardcopy, with photocopies of the documentation — to several major magazines and TV shows — even Faux Spews, if you can stomach it. Forget the “exclusion” BS. Your purpose is to slap as many people as possible in the face with it.

    Put together a three-to-five minute presentation, and go to political town halls. Take your own bullhorn if necessary.

    The courts are rigged against you, especially after eight years of appointees being made on basis of whether they were “loyal enough bushies.”

    Public opinion is where you make your stand, because the public decides who gets elected next year that can overhaul the VA from the top down.

    And we’ll get more doctors and nurses when more kids who really want to become caregivers can afford to go to college instead of being forced to flip burgers to pay the rent. Let’s have a stimulus package for RNs.

    • Jim Davis, Veterans-For-Change

      Die Hard:
      Mrs. Soles did take this to the media a while back and a segment was aired on CNN.
      After that they chose not to follow-up even though they had been contacted.
      Once this story was completed, a press release was also sent out to some 6400 media contacts nationwide, and the hope is that they will see this, read the press release and actually want to do a follow up story.
      I’ve also copied the release of the story and faxed to both Senator Gillibrand and to Senator Schumer’s offices late last night in the additional hopes more media coverage will light a fire under their staffers butt’s to actually accomplish something good!

  3. Jim Davis, Veterans-For-Change

    I urge every reader to please write to the two Senators and demand they help this widow resolve the injustice and reverse the retaliation of the VA against Mrs. Soles.
    Schumer, Charles E. – (D – NY)
    Class III

    313 HART SENATE OFFICE BUILDING WASHINGTON DC 20510

    (202) 224-6542

    Web Form: schumer.senate.gov/new_website/contact.cfm

    Gillibrand, Kirsten E. – (D – NY)
    Class I

    478 RUSSELL SENATE OFFICE BUILDING WASHINGTON DC 20510

    (202) 224-4451

    Web Form: gillibrand.senate.gov/contact/

  4. The VA Medical situation maybe neither desirable nor adequate in some areas but NOT the San Diego VA Hospital, La Jolla and the North County VA local offices, particularly the Escondido Med Office which is by far the most professional organized and accommodating and professional medical staff and facilities where I have been treated.
    The VA Hospital, La Jolla, cares for unbelievable large number of patients continuously and does so expeditiously and professionally as well as in a friendly and personal manner.
    My experience only includes Heart Disease requiring open heart surgery and malignant cancer both of which were taken care of in such a manner I almost did not want to leave the Hospital.
    If you want to find a Model Hospital to duplicate I strongly suggest you visit the San Diego VA Hospital in La Jolla, CA and/or the Escondido Med Office.
    Compare them to any private office and there many in the area.
    The problem areas posted are the exception not the norm per my experience.

    • Jim Davis, Veterans-For-Change

      James:

      I’ truly glad to hear you received such good care in San Diego, I just wish it were the same nationwide.

      Over the past year I’ve had various veterans, and widows write to me and tell me of truly horrible experiences with the VA system, hospitals, and doctors.

      From Long Beach California, Seattle Washington, Bethesda Maryland, Walter Reed, just to name a few.

      I’ve had and read stories where VAMC directors redirected funds to open up a bio contamination unit for an illness the United States has never seen and took those funds from the operating budget for their Emergency Rooms and caused the death of not one but two veterans.

      From amputation of a limb there was nothing wrong, the surgery was an error. To cutting an artery in error and causing even more damage to the veteran, to completely botched surgeries!

      Surgeries incomplete because the Doctor had a golf game and didn’t want to miss his game or lose he green fees.

      Hundreds of cases of misdiagnosis, incomplete or lost medical tests, falsification of medical records, you name it the list is endless!

      For almost every good story I can come up with no less than 10 bad stories, so if your VAMC is a good one, then I’d take the time to write the director there and tell him/her thank you!

  5. You all may want to notice the VA hospital=CLEVELAND and thats in OHIO!!! Rated the worst of the worst for decades. That VA hospital has killed more vets then Nam!!!

    Thats another reason I move out of Ohio in 1970. Ohio treats its Vets like a pile of shit..always has and always will…

    The movie “4th of July” was base off the Cleveland VA…Mike Johnston I believe played in it, when it took off his leg and slam it on the desk after the nurse said he was not a diable vet!!

    Ohio is a piss hole and for you vets that have to use the Cleveland VA I feel for you, but you can and should move.

    My brother just called me and said Dennis I want to use my VA benefits now what do I do (he was in the Airforce in the 60′s). I said well Bob, understand where you are at (Akron, Ohio area) and that you would have to use the Cleveland VA and they have a repuation for killing vets and he said he knows he heard, but he need the service…I told him how and what to expect out of that piss hole and that it was rated the worst of the worst in the U.S. for VA hospitals. And if you aren’t ill now, you will be by the time they get done with you…So preceed with caution.

    Ca VA’s might be alright now, but back in the early 90′s after I came off active duty for the Gulf War ( 8 month activation). I had to use the one there in S.F. (I think its close now, thank God) another piss hole. The place was falling apart and the doctors and nurse’s as well.

    However, taking at least these two piss holes out of consideration, for the most part the VA’s aren’t real bad, I use the one up in Phoenix now, I live in CASA Grande in between Phoenix and Tucson, so I can use either, the one up in Phoenix is older and smaller, but 20 miles closer the Tucson, now thats one big ass VA hospital, been there twice and got lost in it both times..its hugh, but the staff seem nice except for the part of my Agent Orange Phyiscal, they said I was good to go, but take this to your civilian doctor, you have a HIGH liver count and I said okay, but let me ask where does Agent Orange settle in a body? Guess where they told me? THE LIVER!!!!!!!!

    • Jim Davis, Veterans-For-Change

      Dennis,

      As I’ve said for every good story, I know I can come up with at least 10 bad ones.

      It’s sad but very true! And the only way around this is for veterans to truly unite as one to fight like hell and never give up!

      As for AO, well it does settle in the liver but it also resided in fat cells of your body. Once it’s entered the body, it alters the DNA structure, and at the point it’s entered your body, well… the damage is done!

  6. The comment the courts are rigged is true. However jury’s are not rigged. I know how veterans can take back the courts and it should be a part of training veterans. Surrendering to a Fed jury is not for every vet. The veteran who is loosing there home, miind, is sucidal and cant get help. Just telling the VA I was going to do that gave me my comp check within 4 dfays.

    I will check out the veterans for change web site. Helping veterans when the VA has rigged the process is something I really admire and support.

    Terry

  7. Edwin Crosby III

    FIRST, Mrs. Soles DOES NOT have to pay a re-coup on a malpractice/negligence tort claim !! If and only if, the claim submitted is a SECTION 1151 claim, would VA be allowed to recoup. There is a gal veteran in Indiana who won a Fed. Ct. case about this matter. I don’t know if someone noted in her litigation her claim was an 1151 claim. That section of law basically says, ” any surgery performed by VA automatically becomes service connected “. Any problems from that surgery could or could not be an 1151 claim. Anybody know how to contact Denise Soles ???

    • Jim Davis, Veterans-For-Change

      Edwin,
      Contact me as I am working with Mrs. Soles one on one with her issue.

    • Edwin,
      Could you please contact me regarding the section of law regarding the surgery done by the VA automatically becomes service connected. My husband has had unnecessary surgeries done at the VA as well as being misdiagnosed etc., and is now fighting them for disability. I am not sure where to turn. I have just received in excess of 4000 pages of VA Medical Records which I am having a hard time trying to put into some form of proper order and format. My email address is kapp_trish@yahoo.com

      Trish

  8. In 2010 one third of Senators, and ALL members of the House of Representatives are up for election, re-election. Every two years the entire House has to stand for election, Senators get six years before they run for reelection. By the time elections get held, other issues are allowed to overtake veterans issues. Or the incumbents LIE, LIE, LIE, or the opposition LIE, LIE, LIE, and we elect another person who will tell us anything to get our votes. I am a voter every election, and I think that I am beginning to look for the gun, not the ballot. NOT!!! but I do get annoyed with the same old political hack job being run every Congress.

    • Jim Davis, Veterans-For-Change

      DJ;
      Precisely why every voter, not just veterans should take a serious hard look at their record BEFORE casting your vote.
      Just because their in office doesn’t make them a good member in Congress.
      And especially when it comes to veterans issues, VETERANS should be aware who does and does not support veteran issues!
      Veterans are 8-9% of the voting population, and that’s more than enough to make or break an election or re-election!
      And I do agree they will all lie through their teeth if they know it will get them your vote… Don’t pay attention to what they say, pay attention to what they do!

  9. Its too bad this entire letter couldn’t be read before the entire House and Senate,….slowly so they could understand and have it sink in.

    • Jim Davis, Veterans-For-Change

      Steve,
      This would be awesome if that could be accomplished, however, I have taken this one step further as best I can.
      We’re (VFC) is faxing to all 535 members of Congress to their DC office and their main office in each state. So there will be no reason all do not see it at one point or another.
      I also encourage all readers to call 866-272-6622 and ask the operator to direct your call to your Senators or Congressman (one at a time, you need to call back one for each) and let them know of this story, even provide them the link.
      Or call and ask for Senator Gillibrand’s or Senator Schumers office and ask what they are doing to help this widow!
      The more calls to both these Senator’s offices will surely help her a great deal, and I know Mrs. Soles would be most appreciative of all the calls.
      And by the way folks this is a toll free call!

  10. I have only read negative things about filling a Tort Claim while recieving DIC benefits! I need more information about this, I have no medical insurance for myself and my daughter if we lose the DIC benefits? So I need to know if I will lose my DIC benefits im recieving if i Do win the tort claim..and is it even wise to do this our daughter was only a few weeks old when my husband her daddy past away from a seizure due to traumatic brain injury! My mother in law tried to fight me for our estate so she could file the tort claim but i won the rep. of the estate but if i dont file the tort claim she will take me back and fight me again so she can file this tort claim. Even if she files it im assuming i will still lose our benefits and i have already recieved a lot of money from the DIC Benefits. So please help me i need to know what will happen! i need a straight answer about this!
    thank you

  11. Unfortunately the reason veterans act like sheep is that we were taught and conditioned to act like sheep by the military when we were on active duty.

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