Rebuttal of Statement of Case 349/215C
Final Version dated 05 December 2012
David Wayne Apperson vs. United States Department of Veterans Affairs
Updated Version of Rebuttal of Statement of Case is in regard to the failure of Veterans Benefit Administration from doing their due diligence and in regard to additional information received from the Department of Veteran Affairs, Congressman Michael C Burgess, M.D. and Federal Case Law quoted on the VA website.
The Department of Veterans Affairs Waco Regional Office Director indicated to Congressman Burgess that Mr. Apperson has three appeals currently pending.
Fax received from Department of Veterans Affairs Waco Regional Office, dated 5 October 2012, to the congressional unit of Congressman Michael C Burgess, M.D., and forwarded to me on 30 November 2012 which states:
VA examinations have been requested for the above appeals. However, our records indicate they were previously requested but his VA Claims File was not reviewed. We are again requesting the examinations and upon receipt of the results, all of the available evidence will be reviewed and he will be notified of the decision or if any further action is needed.
Mr. Apperson’s claim has been flagged as a “Hardship” and we will expedite our processing as much as possible.
John S. Limpose, Director
On 28 Nov 2012, I received from the Fort Worth VA results from a recent Diagnostic polysomnography (Sleep Apnea Test), which was held at the Dallas VA (8 Nov 2012 - 2100 hours till 9 Nov 2012 - 0515 hours).
STAGING PARAMETERS Minutes %
• Stage 1: 44 14.1%
• Stage 2: 268.5 85.9%
• Stage 3: 0.0 0.0%
• REM Sleep 0.0 0.0%
Documents from the test include Floyd Hicks, Lab Technician, who states; “Patient snoring extremely loud on a constant basis. Patient eventually started having events.
These events are followed by arousal, extremely loud snores and a 3% or greater decrease in oxygen saturation. Patient continued having event despite sleeping position. Testing stopped @ 0444 after patient turned and pulled off electrode.”
PTSD can be the cause of severe sleep apnea. A recent study conducted at Walter Reed has documented that Sleep Apnea can be secondary to those suffering from PTSD and/or a TBI.
A documented study in 2007 revealed at Harvard Medical School and the University of California at Berkeley, using MRI scans, that sleep deprivation causes the brain to become incapable of putting an emotional event into the proper perspective and incapable of making a controlled, suitable response to the event.
Tang Yong Juang, M.D., staff physician, Dallas VA states in his notes regarding David Apperson –
ANALYSIS OBSERVATIONS: The patient spent 291.3 min (93.2% of the total sleep time) in the supine sleeping position with a supine AHI of 62.2. AHI during REM sleep was N/A. The patient spent 17.4 min during sleep with Sp02<89%.
INTERPRETATION: Severe obstructive sleep apnea,
No periodic limb movement during sleep.
RECOMMENDATIONS: Treatment options for obstructive sleep apnea include CPAP, weight loss, oral appliances and/or surgery.
I have called and discussed with pt above results. Patient desired to have CPAP treatment. Will request sleep lab CPAP titration appt.
Weight loss was recommended.”
Note by David Apperson: “Lab Technician used the weight from my last health care appointment at 223 pounds, when in actuality I was between 207 – 209 pounds as I have been eating less .”
In my particular situation; I requested a “DRO Hearing” on three separate occasions, one of which was scheduled for 10 August 2011. However, on arrival to the Regional Office was told I had enough evidence and didn’t need a hearing.
For over a year a VA employee held my case file on a shelf and then I received a “VA Denial Letter” based on false information, as the VA employee did not read, nor review evidence from numerous individuals both in and outside the VA system.
David Apperson Pertinent Awards and Recognition
David Apperson, Admin for Internet Websites Designed to Help Veterans Seeking Answers
On www.MYVETERAN.org I even placed a link to VA Prescriptions which I use every month. Unfortunately, due to health reasons, I can not manage these sites on a daily basis, … but try to post something when I can that may help others as often as is physically possible.
I also receive phones calls from those seeking help on where to go for resources, though they be referred to a VA Clinic, Mental Health Professional or a VSO, depending on what is applicable to the situation and time listening to hear their story to lead them on the right path.
This expansion of my original “Rebuttal of Statement of Case” is also due to the Dallas Texas VA Hospital testing my sleep pattern during which time the Lab Technician (Floyd Hicks) confirmed I had night sweats as he needed to change my pillow because one of the electrodes slightly burnt my neck from sweat from my forehead, back of my head and neck area.
Testing room temperature was stabilized at a constant 68.9 degrees.
The uniquely pro-claimant nature of the VBA system is reflected through congressionally imposed duties on the Department to assist claimants in various respects when they seek benefits.
38 USC § 105 (a) An injury or disease incurred during active military, naval, or air service will be deemed to have been incurred in line of duty and not the result of the veteran’s own misconduct when the person on whose account benefits are claimed was, at the time the injury was suffered or disease contracted, in active military, naval, or air service, whether on active duty or on authorized leave, unless such injury or disease was a result of the person’s own willful misconduct or abuse of alcohol or drugs.
38 USC § 1131 For disability resulting from personal injury suffered or disease contracted in line of duty, or for aggravation of a preexisting injury suffered or disease contracted in line of duty, in the active military, naval, or air service, during other than a period of war, the United States will pay to any veteran thus disabled and who was discharged or released under conditions other than dishonorable from the period of service in which said injury or disease was incurred, or preexisting injury or disease was aggravated, compensation as provided in this sub-chapter.
38 USC § 1132 For the purposes of section 1131 of this title, every person employed in the active military, naval, or air service for six months or more shall be taken to have been in sound condition when examined, accepted and enrolled for service, except as to defects, infirmities, or disorders noted at the time of the examination, acceptance and enrollment, or where evidence or medical judgment is such as to warrant a finding that the disease or injury existed before acceptance and enrollment.
38 USC § 1133 (c) Nothing in this section shall be construed to prevent the granting of service-connection for any disease or disorder otherwise shown by sound judgment to have been incurred in or aggravated by active military, naval, or air service.
38 USC § 1153 A preexisting injury or disease will be considered to have been aggravated by active military, naval, or air service, where there is an increase in disability during such service, unless there is a specific finding that the increase in disability is due to the natural progress of the disease.
38 USC § 1154 (a) The Secretary shall include in the regulations pertaining to service-connection of disabilities
(1) additional provisions in effect requiring that in each case where a veteran is seeking service-connection for any disability due consideration shall be given to the places, types, and circumstances of such veteran’s service as shown by such veteran’s service record, the official history of each organization in which such veteran served, such veteran’s medical records, and all pertinent medical and lay evidence, and
(2) the provisions required by section 5 of the Veterans’ Dioxin and Radiation Exposure Compensation Standards Act (Public Law 98–542; 98 Stat. 2727).
Decisions concerning the duty to assist me in my claim are in practically important, as well as the instructive nature of the system. For example, in a recent duty-to-assist case concerning assistance in obtaining records, the Federal Circuit stated that “in close or uncertain cases, the VA should be guided by the principles underlying this uniquely pro-claimant system.”
With these laws in mind, I testify under my solemn oath that the Waco VA District has done nothing to help me locate missing documents, medical records and/or any other pertinent information.
In Moore v. Shinseki the Federal Circuit held that the duty to assist in obtaining medical records under 38 U.S.C. § 5103A can, depending on the facts present, include records that pre-date the period for which the veteran is seeking disability compensation.
In Golz v. Shinseki the Federal Circuit made it clear the duty to assist the claimant in obtaining records is contextual.
The Federal Circuit eschewed a bright-line rule concerning this issue. It held instead that “the legal standard for relevance requires VA to examine the information it has related to medical records and if there exists a reasonable possibility that the records could help the veteran substantiate his claim for benefits, the duty to assist requires the Department of Veterans Affairs to obtain the records.”
The Veteran's Court has determined there are five elements necessary to establish a “claim” for a service-connected disability: “(1) claimant’s status as a veteran; (2) existence of a current disability; (3) nexus between the disability and the veteran’s service; (4) degree of disability; and (5) effective date of the disability.”
In the legal brief it also stated that “When one is considering the initial application for benefits, symptoms are the key and diagnoses are irrelevant.”
According to the Veteran's Court; "Neither a VA medical examination report nor a private medical opinion is entitled to any weight in a service-connection or rating context if it contains only data and conclusions.”
It must be clear in some combination of the examiner’s opinion and the Board’s analysis of the record, that the examiner has not invoked the phrase “without resort to mere speculation” as a substitute for the full consideration of all pertinent and available medical facts to which a claimant is entitled.
An examiner may also have an obligation to conduct research in the medical literature depending on the evidence in the record at the time of examination.
The phrase “without resort to speculation” should reflect the limitations of knowledge in the medical community at large and not those of a particular examiner. Finally, the examiner should clearly identify precisely what facts cannot be determined.”
The American Constitution requires that a person cannot “be deprived of life, liberty, or property, without due process of law.” The Federal Circuit also stated, “We find that a veteran alleging a service-connected disability has a due process right to fair adjudication of his claim for benefits.”
That being said, the Director of the Waco VA admitted that I had no due process of law due to the fact my records where never properly handled or read and that VA employees simply copy and pasted what they thought based on inaccurate information.
The Cushman case fundamentally altered the state of affairs. Now, the question of what process is due is one of constitutional law.
In Chotta v. Peake, the Veterans Court reminded the Board that it had to consider lay testimony concerning observable symptoms.
In Davidson v. Shinseki the Federal Circuit reiterated that Nexus evidence cannot be discounted solely because it is not reflected in a medical opinion. The relevant decision-maker needs to be aware that lay evidence cannot generally be discounted solely because it is not based on an expert opinion.
In Amberman v. Shinseki, the Federal Circuit interpreted 38 C.F.R. § 4.14 (concerning the “Avoidance of Pyramiding”): “We agree with the Veterans Court that two defined diagnoses constitute the same disability for purposes of section 4.14 if they have overlapping symptomatology.”
According to records, My head and neck injuries can be associated with symptoms of PTSD and Sleep Apnea.
The Federal Circuit held “veteran’s disability benefits are nondiscretionary, statutorily mandated benefits. A veteran is entitled to disability benefits upon a showing that he meets the eligibility requirements set forth in the governing statutes and regulations.” As such, The Constitution’s due process protections apply in full.
Having established claimant has a protected property interest in veterans’ benefits to which he seeks entitlement, the legal question is to what process is due.
Constitutional Due Process applies to Veterans' and Non-Veterans alike.
The Supreme Court has articulated a three prong balancing test to make this judgment. In Mathews v. Eldridge the Supreme Court instructed courts to make this assessment by considering:
(1) “the private interest that will be affected by the official action;” and
(2) “the risk of an erroneous deprivation of such interest through the procedures used, and the probable value, if any, of additional or substitute procedural safeguards;” and
(3) “the Government’s interest, including the function involved and the fiscal and administrative burdens that the additional or substitute procedural requirement would entail.”
In Holton v. Shinseki the Federal Circuit held that the presumptions under 38 U.S.C. § 105(a), that an in-service injury was incurred in the line of duty, and under 38 U.S.C. §§ 1111 and 1132, regarding soundness, apply only to establishing that there was an in-service injury or disease.
In Skoczen v. Shinseki the Federal Circuit affirmed a Veterans Court decision that 38 U.S.C. § 5107(a) does not eliminate a claimant’s responsibility to submit evidence to support his or her claim.
The Federal Circuit provided a list of certain non-exclusive factors to consider when deciding whether a claim has been implicitly denied, including
(1) the nature of the veteran’s submissions (do supporting documents refer to relevant conditions); and
(2) the physical relationship of the conditions to each another; and
(3) the legal relatedness of the claims; and
(4) the timing of the submission of the claims (There is no rule requiring that the claims be submitted at the same time or in the same application).
Many of the concepts involved in the law dealing with veterans’ benefits are difficult both conceptually and practically. Take for example how one defines a claim. While this definitional exercise seems easy, it is not a simple matter to articulate a definition of this critical term.
In the following pages I will try to show to the best of my ability evidence of a nexus between my military service and my injuries and disorders associated with this claim while I served my country in the line of duty.
On enlistment into the United States Army I was considered mentally and physically accepted as “Fit to Fight” and was picked as a Squad Leader in Basic Training and served as Acting Platoon Leader (Airborne Platoon) in Advanced Infantry Training (AIT).
Medical Issues and Injuries Caused or Agitated by and during Military Service
• Head, Neck and Shoulder Injury - Two bad disk in my neck when collar bone was broken during Advanced Infantry Training (AIT) at Fort Benning Georgia April 1977
• Lower Back Injury - Three bad lower back disk certified by the VA to be caused from one or more injuries during military service. During my tour of duty in Korea I was a Dragon Gunner, Military Police Officer (Unit Police)*, 203 Grenadier and M60 Machine Gunner. At Fort Campbell I was an M60 Gunner, earning my Black Beret on graduation of Air Assault School the third week I was there. I also spent a month+ at Battalion Headquarters typing on mimeograph paper to produce a Military Training Manual
• PTSD - Post Traumatic Stress while witnessing, or being part of, certain events in the Republic of Korea, Live Ammunition Combat Missions, Military Police Actions, and other events, including, but not limited to, “Name Change” at Fort Campbell Kentucky after completion of Air Assault School.
• Medications – I presently take eight (8) Vicodin a day for pain and two (2) Valium each night for sleeping and other medications for spasms, pain and post traumatic stress.
• Employment Opportunities – As of 1 January 2005, I have been confirmed 100% disabled by the Social Security Administration from medical information obtained from the Department of Veterans Affairs.
It has been determined it would not be safe for anyone taking the medications I am prescribed to work around equipment or while being sleepy, as I would be a danger to myself and others.
Because of my speech impediment and the medications that have been prescribed, it is sometimes hard for me to communicate to others in an educated, understandable and articulate manner.
• Rebuttal of Statement of the Case - Sadly, after returning from Korea, I would sometimes get mad and would get upset dealing with other people, including, but not limited to, receiving numerous write-ups according to DOD records supplied to the VA. During my waiting period of discharge I was in constant fights and commanded to do a servants duty every day. In fact, it is written that I got upset and received an Article 15 less than a week from departing the service. It is also documented I feel asleep in uniform and missed morning roll call. After returning from Korea, a happy go-lucky kid had changed to a person who preferred not to spend long periods of time around others.
I felt it was better to work and think alone so others wouldn't bother me with their questions and unrelated information to the thoughts at hand. My training in Computer Science and Computer Aided Drafting (CAD) financed by the Department of Veterans Affairs as an educational benefit I earned for serving my country overseas.
Working with software was my chosen profession. With thousands of hours of self study and research I began putting a puzzle together.
I studied theology for a year which was paid for by donations from those who knew me in my teen years. I knew I would not make a very good speaker if I got a “D” in public speaking, but being taught the proper procedure and sequence of speech I ended the course with an “A” in theological school I attended from September 1979 through May 1980.
Not until 1986 did I serve as a church elder (i.e., Pastor) of a church in Redmond Oregon named “Faith Family Fellowship” (See National Registry of Historic Places Registration Form) where it states my ministry to help people in the community was an “Instant Success” though I had little money and the economy was in terrible straights.
It is known by the Waco VBA that I was married three (3) times and struck out in commitment to a spouse and have not had a serious long-term relationship since 1997, though I did have a girl friend from time to time.
(According to VA medical professionals this is one of the main symptoms of PTSD in regard to relationships) Due to impotency from medications and prescriptions I receive monthly from the Fort Worth VA Medical Clinic, under the authority of the Dallas VA Medical Center.
I presently have no ability or desire to have a physical relationship with anyone, as it would not be fair to the other person. Though I am presently being prescribed two (2) Viagra a month from the VA.
Dr Johnson at the Dallas VA stated to me on my second visit with him; “One bad disk is not a major issue. However, with five bad disk it is a serious problem that is the cause of pain in my legs, back and neck area, etc.”
Unit Police Officer (UP)
A Unit Police Officer (UP) is a Military Police Officer without a firearm who would walk in the village alone, day or night, with just the use of his hands, feet and/or his night stick. Only a very select few were assigned to handle this assignment (i.e., task of policing a unit of 500 Infantry Soldiers).
Korean Unit Police Teams consisted of one (1) American Soldier and one (1) Korean (KATUSA) Soldier. During the 12 hour evening to morning shift, one UP (1900 hours to 2330 hours) would stay at the gate and the other UP would patrol the village. After curfew the person doing the night patrols would join the other UP at the gate until relieved of duty in the morning at 0700 hours.
During the day shift as a UP we verified all passes of those exiting the military base (Camp Howze Korea).
As an American soldier during a seven (7) month stretch as a UP walking many nights alone while patrolling in, through and around the village, halting any crime I came across or was called for, though it be bar brawls, fights, racial problems, attempted stabbings, drugs, thefts and other criminal events.
I was faithful to the duty at hand and was threatened with death, attacked by three (3) racist assailants, fought in numerous hand-to-hand conflicts, and was lucky enough to move away from a straight-razor that got to an inch of my throat. I held the suspect up against a wall till their feet started dangling and then I released the person from a deadly throat hold taught in “Hapkido” class during my training in Korea.
I knew to protect myself, contain the situation and scan the area for additional assailants.
In this Rebuttal of Statement of Case, I present testimony from MG Stephen Silvasy (US Army Retired), SMA #9 Richard A Kidd (US Army Retired), Carlos Loya (SSG US Army and 25 years in Law Enforcement), and Jose J Melendez, on the dangers myself and others in my unit faced during combat missions and other military activities our unit was involved in.
The “Buccaneers” (1/32nd Infantry Regiment) were part of the only congressionally approved front line (hot) brigade during my duty assignment from 15 June 1977 to 28 May 1978. After five years, the Waco VA deemed my period of history in Korea on the DMZ hazardous duty and dangerous to the point of death.
I will also include additional evidence of facts which I hope will demonstrate the soundness of my mind and my creativity of survival after leaving the military even though I have painful back spasms, nightmares, and many sleepless nights due to nightmares, that even to this day continue to wake me up on some occasions during the night, or I can’t get to sleep, which may be the cause of why I get very little, or any REM sleep.
Post Traumatic Stress (Nerve Disorder)
Early in 1978, the term post-traumatic stress disorder or PTSD was used in a finding presented to the Committee of Reactive Disorders. The term was formally recognized in 1980.
In the DSM-IV, which is considered authoritative, the spelling "posttraumatic stress disorder" is used. Elsewhere, "posttraumatic" is often rendered as two words "post-traumatic stress disorder" or "post traumatic stress disorder" especially in less formal writing on the subject.
In preparation for the May 2013 release of the DSM-V, the fifth version of the American Psychiatric Association's diagnostic manual, draft diagnostic criteria were released for public comment, followed by a two-year period of field testing. Proposed changes to the criteria (subject to ongoing review and research) include the following:
• Criterion A (prior exposure to traumatic events) is more specifically stated, and evaluation of an individual's emotional response at the time (current criterion A2) is dropped.
• Several items in Criterion B (intrusion symptoms) are rewritten to add or augment certain distinctions now considered important.
• Special consideration is given to developmentally appropriate criteria for use with children and adolescents. This is especially evident in the restated Criterion B—intrusion symptoms. Development of age-specific criteria for diagnosis of PTSD is ongoing at this time.
• Criterion C (avoidance and numbing) has been split into "C" and "D":
o Criterion C (new version) now focuses solely on avoidance of behaviors or physical or temporal reminders of the traumatic experience(s). What were formerly two symptoms are now three, due to slight changes in descriptions.
o New Criterion D focuses on negative alterations in cognition and mood associated with the traumatic event(s) and contains two new symptoms, one expanded symptom, and four largely unchanged symptoms specified in the previous criteria.
• Criterion E (formerly "D"), which focuses on increased arousal and reactivity, contains one modestly revised, one entirely new, and four unchanged symptoms.
• Criterion F (formerly "E") still requires duration of symptoms to have been at least one month.
• Criterion G (formerly "F") stipulates symptom impact ("disturbance") in the same way as before.
• The "acute" vs "delayed" distinction is dropped; the "delayed" specifier is considered appropriate if clinical symptom onset is no sooner than 6 months after the traumatic event(s).
"Developmental trauma disorder", a proposed new diagnosis, was still under discussion at time of publication.
The name of the disorder is being reviewed for a possible change, to post-traumatic stress injury, ostensibly to help reduce stigma towards those afflicted.
The human mind was not meant for violence … that is why present researchers believe extreme trauma may create a nerve disorder – “Post Traumatic Stress” … not a mental disease or disorder as once thought by the medical research community.
PTSD is considered being more of a nerve disorder from a traumatic event, than a mental disorder.
Symptoms of Post Traumatic Stress (PTSD) are not a sign of weakness, but rather a sign of trauma that travels through a persons nervous system and may cause any normal person to become withdrawn, feel alone, untrusting of others, angry and a host of other symptoms and medical issues that can be found on the VA Website (http://www.ptsd.va.gov/).
PTSD not treated in a speedy manner may cause the patient to develop a case of “Chronic Post Traumatic Stress” that could lead to an increase in additional ailments, health problems and chronic pain.
At this moment in time my diagnoses of PTSD is considered incurable, but PTSD is not a reason to commit suicide or intentionally harm others as is happening on a weekly basis, both in and outside the military.
When PTSD is caused by war or terrorist activity, the Department of Defense and the Department of Veterans Affairs must side with the veteran if it is more likely than not that the veteran has PTSD from military service.
Evidence in the Rebuttal of Statement of Case will show my involvement in hazardous duty situations, and that any one of them could be the cause of PTSD, no matter the intellectual or educational instruction of the patient.
If a person is sound in spirit, soul (mind) and body when accepted for enlisted by any branch of the military for more than six months, the veteran must be released from the military in an equal or greater condition of health or Federal Law states the veteran must be compensated for such injuries, such as injuries listed above.
Due to the fact that PTSD was not considered a term by the American Psychiatric Association until 1980. I was released from active duty on 6 March 1979 so there is no possible way I could of been diagnosed by any military doctor as the term "PTSD" had not been confirmed until 1980 which there was no way that I could of known of having severe chronic post traumatic stress.
Rebuttal of Statement of Case 349/215C
Due to pain in my lower back, legs and upper body I filed an initial claim in 1990 on my “Neck and Shoulder” and was hoping for medical help. I was denied and was not aware of the procedures of VSOs or the VA Appeals Process and therefore did not keep my claim open at that time.
In 2003 I continued to be in pain, but when I awoke one morning I could not move my neck and was in great pain. After a week I went to the Zebulon North Carolina Medical Clinic (Near Research Triangle).
I was in such terrible pain I was prescribed Percocet (acetaminophen and oxycodone) for nine months due to a Duke University Medical Doctor (Zebulon clinic open on Tuesdays) stated I had an injury to my neck.
The only time I received a neck injury was in the service when I broke my collar bone in Advanced Infantry Training and/or injury to neck may of been further injured by a hit in the back of the head with an 8” rock intertwined in a t-shirt during my duties as a Unit Police Officer.
This civilian doctor said I needed an operation (which I could not afford), but the pain might go away in a few years, but may never go away. That was nine years ago and without my present medications I would be in great pain throughout my body, but the good thing is I now take eight 10/325 Vicodin a day for pain and two Valium at night for sleep and on rare occasions I am even able to sleep the night through without waking up.
You will notice that my Unit Police photo shows numerous cracks in the paint of the helmet.
Huntington Beach California Medical Incident
In May 2004 I licensed some of my technologies for three years to a marketing firm which kept me afloat financially for three years. During my negotiations, I obtain a good salary and a place of residence in Huntington Beach, California for one year at no charge.
I was not required to go to the company’s headquarters in Irvine, nor be around others. The first year with the firm I worked at the beach or out of the company supplied residence.
Trying to speed up the recovery of pain in my neck and right arm and side of body, I negotiated that the contract allow me the ability to spend as much time as I wanted on the beach to enjoy the sunshine, the warmth of the sand, and the Pacific Ocean thinking that this may help my pain.
However, it did not work. I went to a pool one day to get cooled off and pain struck my upper left side of my body and left arm pretty hard. I went to a doctor for a spasm shot (which I have done since leaving the service on many occasions) when my back, head and/or neck would be in extreme pain and go into spasms. A few days later something went haywire with the combination of medications and shots.
I called my neighbor who was a retired police officer and told him I needed immediate medical attention as I could not stand on my own without a tremendous amount of pain going through my body. It was like I lost the strength in my legs.
He called the Huntington Police Department and I was taken to the hospital. The staff at the hospital found that my CK level was at 1400 when a CK level of 750 could put a person in a coma, and anything over 400 is considered dangerous to the human body.
I spent three (3) days in medical observation and then questioned during the early morning hours of the third day by psychologists who determined that I was mentally sane, but still concerned why my CK level was so high. One doctor even asked if I drank Anti-freeze.
I replied; “What kind of idiot would do that?”
After being determined non delusional I was released and shortly thereafter went back to Washington State and a year or so later, still in pain, filed my second claim with the VA Regional Office in Portland, Oregon for “Head, Neck and Shoulder” injuries caused during my time in military service.
I was told then that my records were transferred to the Seattle office as Southern Washington was no longer in control of the Portland Regional Office.
After waiting for sometime I again received a “Denial Letter” but I was lucky that day … because a Vietnam Veteran … at my house told me the VA must help me medically to relieve the pain. The next day I was driven to the Olympia field office of the DAV (Disabled American Veterans) for help with the paperwork.
I was also directed to the right path from the Office of Senator Cantwell and the office of the Lt Governor in Washington. However, after the Patriot Act, I was held for 45 days without bail simply for answering a question with the truth – “The Army changed my name,” and whichever of three (3) stories an old girlfriend told the police.
Thereafter, I was held for 45 days, not able to smoke, and in this period I spent 14 days at Western Sate Hospital and evaluated by numerous doctors to see if I was mentally ill.
After being held with my civil rights violated and given a TB test which I told hospital staff on three (3) separate occasions I can not take because I have inactive TB. They gave me a TB Test anyway that ended up scaring the doctor as my chest blistered and after an x-ray it was proven I had inactive TB and I was never to be tested again. I was diagnosed with no mental disorder, nor was I given any psycho tropic drugs of any type or kind.
I was not considered mentally ill medically, but was advised of the possibility that I may have PTSD from service in Korea and my name being changed while stationed at Fort Campbell.
The final answer from this 14 day period is that I may have PTSD, which was also diagnosed 5/5 by a Santa Rosa VA Psychologist, Fort Worth Psychologists, Dr. Witchie, Dr. Fornito, Dr. Bennet and others, as well as Dr. Vernon Gotcher, Phd who has seen me weekly for the last six months (an hour each session) paid for by the Tarrant County Warrior Support Program and funded by donations from the Texas Veterans Commission.
Three times I had an injury to my head and neck include;
1. When I broke my collar bone in AIT during the month of April 1977
2. I was hit in the back of the head and neck area with an eight inch rock placed within a t-shirt and utilized as a weapon while I was protecting the gate and defending myself from two other assailants which were in front of me being subdued and then the third assailant hit me in the back of the head and neck with the rock – showing premeditation as they brought the t-shirt with them to the gate to go off post without a pass. Since I had my helmet on, the blow was weekend, even though my helmet was recovered 35-40 feet from the incident and I was a tad tired from fighting and in shock that American soldiers would act in such fashion.
3. As reported to the VA from the beginning I also had stitches in the top of my head, yet no neck injury was associated with it when I was ten (10) years old.
Evidence shows that the DRO did not perform to standard and failed to do their due diligence necessary to complete the “Statement of the Case” in a professional manner.
Enclosed in this “Rebuttal of Statement of the Case” I will try to demonstrate, to the best of my ability, the errors associated with my claims folder and show that when I entered the Army I was considered a person of sound mind and emotions, and a person in excellent physical condition.
Duties and Dangers of a Unit Police Officer
1. Richard A Kidd (SMA #9 US Army Retired) Letter Dated 04/20/09
“A Unit Policeman could encounter during their duties as Gate Security, Access Control and Local Village Patrols, especially as a first responder.” … “ The easiest way to explain what they did as a first responder is to say that they assumed the same responsibilities and were involved in the same type of incidents as a Military Policeman, with a couple of differences … they did not have the legal authority of a Military Policeman and they were only armed with a Military Police night stick and hand cuffs … and they wore a pistol belt. The idea was for them to contain, to the best of their ability, the situation/incident until the Military Police arrived on the scene. At times that could be an extended period, and they could find themselves in very serious physical altercations --- involving thrown beer bottles, chairs and many other things even more serious situations such as a knife wielding drunk.”
Richard A Kidd was 1st Sgt of B Company, 1/32nd Infantry Regiment 1977 - 1978
2. Kevin J. Moore (Unit Policeman) Republic of Korea 1976 - 1977
A four page testimony by Mr. Moore explaining in his words the dangers of being a Unit Police Officer, including, but not limited to, his statement that he received 40 stitches in his face from a serious attack he got in the village.
3. Thomas W. Walker (1/32nd Infantry Regiment, 3rd Brigade, 2nd Infantry Division)
“The picture of David W. Apperson in uniform with the UP shoulder wrap is the uniform that the UP’s wore. I KNOW THIS as I was One of them. David and I were in the same unit for TEN months. I am totally aware of what he states is true.” … “In the summer of 1977 it was known throughout the regiment that while a UP at the gate Private David Apperson had to single handedly, simultaneously, battle three individuals who were utilizing numb-chucks and rocks as weapons.”
4. Sgt Carlos Loya - Squad Leader
“PFC Apperson, while being assigned duty as a Unit Police Officer was on duty at the camp gate when an argument started with three individuals, which resulted in a physical altercation with PFC Apperson;
5. South Korean Prostitute
Woman burns herself alive setting her body on fire with some form of liquid. It was at a time when I could not leave my post and could only watch as it was curfew and I was not authorized to render aid.
The incident was under the direction of the Korean Government and their local officials. I only have my word on this event with no substantive evidence, but still believe God didn’t forget her.
“If one can not believe in what can be said, how does one expect someone to believe in what can not be proven or seen by facts?”
DMZ Live Ammunition Combat Missions
1. Stephen Silvasy, Jr (Maj Gen US Army Retired) via email
“During the months of February and March of 1978, Soldiers of B company, 1st Battalion, 32d infantry (Buccaneers) were manning Guard Posts (GPs) Collier and Quelette in Demilitarized Zone (DMZ) along the North (nK) and South (ROK) Korean border in the vicinity of the jointly ROK/US manned Joint Security Area (JSA) at Panmunjong.
During daylight hours Buccaneer Soldiers observed nK activities to ensure the safety of ROK/US soldiers working in the JSA. At night US Soldiers from Collier and Quelette conducted small unit (squad sized) ambush patrols in the two kilometer area between the MDL and the ROK southern boundary fence to interdict nK Ranger Commando Teams who were trying to infiltrate the DMZ. David Apperson was a member of B Company and participated in these operations in the bitter cold of the Korean winter where below zero temperatures were not uncommon.
MG Stephen Silvasy Jr (US Army, Retired)
Commander, 1st Battalion, 32nd Infantry (Buccaneers) from 1976 to 1978”
2. Richard A. Kidd (SMA #9 US Army Retired) email Confirming Korean Service in the DMZ
“I can confirm that during the period of May 1977 and February 1978, B Company, 1st Battalion, 32nd Infantry, Third Brigade, 2nd Infantry Division did participate in the following live ammunition combat missions.
Thunderbolt Mission … reaction force
DMZ duty on Guard Posts Collier and Quellette … conducting guard duty, observation post duty, and also conducting combat patrols.
Special Munitions Security Mission
All of these missions are actual live ammunition … security missions.
These missions are held in all types of weather from extreme heat to sub zero weather.
And that you (David Wayne Apperson) were a member of the Company during these missions and were a participant.
Finally, I can certainly validate (even though the statement presented by a former Battalion Commander at the time in question and ultimately retiring as a Major General) needs no validation, the information provided in his statement.
I assumed the duties of First Sergeant B Co, 1/32 Infantry in May 1977 and departed in Feb 1978 and I ultimately retired as the Ninth Sergeant Major of the Army, having served with Chief of Staff, Army General Gordon R Sullivan and Secretaries of the Army, Michael PW Stone and Togo West in July 1995.
Richard A. Kidd
Sergeant Major of the Army, USA, Retired.
3. Sgt Carlos Loya - Squad Leader for David W Apperson
“As a law enforcement officer for over 25 years, I affirm and attest that the following information is true and accurate to the best of my recollection and belief.
I confirm in this message that PFC David W. Apperson served under my leadership as Squad Leader with Bravo Company, 1/32nd Infantry Regiment 3rd Brigade 2nd Division Camp Howze Korea 1977 – 1978 and that the following events to place:
1. PFC Apperson, while being assigned duty as a Unit Police Officer was on duty at the camp gate when an argument started with three individuals, which resulted in a physical altercation with PFC Apperson; and
2. PFC Apperson was ordered to fire upon a squad-size unit when we were on assignment on the DMZ; this even was due to miscommunication over passwords. The radios were jammed and the password was misinterpreted from the unit that was conducting patrols. As the unit advanced toward the top of the hill, they were not recognized as authorized personnel without proper passwords, and they were fired upon; and
3. While preparing for a parade, the order was to fix bayonets, and PFC Apperson was stabbed with a Bayonet just before our company was to perform at a military parade in Seoul, Korea. He was field-dressed, and PFC Apperson continued in the parade even though later, upon return to the main camp, when taken to the medical facility, it was determined that he needed stitches in his left arm; and
4. Our unit, while going hot at Camp Humphries was called to the DMZ after a helicopter was shot down one mile north inside of North Korea. We were ordered to scramble, since we were on the quick strike alert. We loaded up Chinooks and orders were to set a perimeter on the downed helicopter. Orders were scratched as we were hovering on the border of North Korea; the co-pilot was captured, so our mission was canceled; and
5. Another incident with a downed helicopter occurred while doing maneuvers. After one-week in the field, the Huey helicopter that was bringing us hot meals crashed in a valley and we were assigned to set a perimeter around that helicopter until relieved by investigators; and
Fell free to contact me …
U.S. Army Staff Sergeant”
4. Jose J Melendez - Infantry Soldier in Feb 1978 on the Korean DMZ
“I hereby certify that the information contained in this email is truthful to the best of my knowledge and belief as per an incident that happened in the early morning hours (0230 hours) of 11 February 1978 on the DMZ in South Korea.
My name is Jose Melendez and I was with my squad when there was a mix up of some kind with the entry codes to re-enter the base compound.
Everyone in my squad was scared and in fear of losing life or limb as we knew that without the proper identification that we would be fired upon.
It was later relayed to us that PFC David Apperson with B Company, 1/32nd Infantry was manning the northern outlook of the post and he was given the order to fire upon us.
Fortunately, he waited till the last minute and saved us. However, I still have nightmares of this event and can not get it out of my head …”
Consistency of Testimonies
It can be seen by these testimonies that I was involved in dangerous duty and missions with my fellow Buccaneers. However, the event of 11 Feb 1978 at 0230 is the one situation that I literally felt my chest beating fast and knew my life expectancy once the trigger was pulled is less than eight seconds.
In the seventies there was no such phrase as Post Traumatic Stress, but became known when more medical professionals dealt with trauma patients. Until PTSD was accepted as a medical disorder by the medical and research community there is no possible way that David Apperson could be diagnosed with Post Traumatic Stress during his military duties in Korea, followed by name change problem at Fort Campbell Kentucky.
Dr Anthony Fornito, MD (VA) and Dr Vernon Gotcher, Phd (Warrior Support Program) both acknowledge that this is the main event in my life that changed my nervous system and is the direct cause of Post Traumatic Stress, as well as the name change when returning to the United States.
Dr Fornito testified on my behalf in four separate letters sent to the Waco VBA, with one letter stating that I am neither; suicidal, homicidal, delusional nor schizophrenic, but I do suffer from severe chronic PTSD based on DSM-IV (Diagnostic and Statistical Manual of Mental Disorders).
Dr Gotcher confirms the diagnoses of Dr Fornito confirming I have Post Traumatic Stress due to service in Korea. It is through the funding of the Tarrant County Warrior Support Program that I have been able to meet once a week with Dr Gotcher for six months. Dr Gotcher believes I have a GAF (Global Assessment of Functioning) Score somewhere between 31 – 40 points.
Delusions, Illusions and Hallucinogens
Dr. Fornito signed a hand written note stating I am “not suicidal, homicidal, delusional nor schizophrenic.”
With this “Rebuttal of Statement of Case” I submit additional evidence from Dr. Vernon Gotcher in his letter dated July 23, 2012 in which he states;
“An interesting aside is that David has been thought by one of his physicians to be delusional. This was based on his abiding interest in studies of butterflies and their metamorphosis. In fact, David has done a considerable study and scientific investigation of this subject and has been cited in several studies and published in responsible scientific journals which I have read. His interests are varied and valuable. David has suffered an identity crises for some time and has worked on his self esteem and appreciation and appears to have overcome these concerns during his therapy with me.”
David Apperson - 3 September 1959 through 25 January 1977
I have enclosed a letter from Diane and Tom Warren stating; “David Apperson came to live at our Double T Boys Ranch in Bend Oregon back in the 70’s. We had a facility for boys who needed a home. David was not at our ranch because of criminal activity.
The military considered me “Fit to Fight” when I contracted with the United States Army to serve three (3) years in the service, with one year being stationed in Korea. If I was “Fit to Fight” when I joined the service how much more so would I be after completing Advanced Infantry Training (AIT).
During my early years I was raised by my mother and stepfather, Jack Apperson, who served in the U.S. Navy as a Boilermaker. From the fall of 1961 through the fall of 1963 (10 days before President Kennedy was assassinated) my family lived at GITMO Cuba. During the Cuban Missile Crises a hundred two and three year olds were evacuated on 22 Oct 1962, and I was one of the them, with my name being David Wayne Apperson, listed on the ships manifest somewhere in government files, but according to news articles of the global military crises (according to the “Kennedy Library” the world was an hour away from nuclear war), there were 1703 total evacuees, including mothers, babies, children, students and government officials.
I have enclosed copies of original Naval documents given to me by a Unites States Navy employee (retired) which I submit with this “Rebuttal of Statement of Case.”
After Cuba we went to the Port Hueneme, California SeaBee Base, where we remained on and off while Jack Apperson did three (3) tours in Vietnam, and had an alcohol problem which caused him to be violent at times towards members of his own family.
In fact, it was on my 10thbirthday in 1969 that Jack Apperson crunched the corner of a metal lighter fluid can on my head because I wanted a hot dog off a grill that we won in a raffle.
I wore a head bandage for a few months to cover and protect the injury. During my VA claim I stated I had over 100 stitches in my head based on the words from my mother. The testimony I gave to the VA from my mother was the same document I gave to the Dept of the Army in the matter of a different type, which the Dept of the Army deemed her testimony unreliable.
At the time of discovery I sent the VBA a note canceling the testimony of my mother, so I measured the wound and stated 20 stitches based on a guestimated measurement of the area.
Medical records from the Port Hueneme Naval Hospital can not be located and released through the National Archives unless I have the social security number of Jack Apperson, which I have never had in my possession.
A member of the medical staff at Fort Worth VA Medical Clinic (Mental Health), Dr Fornito, who has been seeing me on regular basis, who had a look of disgust on his face and stated, “What do the number of stitches matter when it comes to the safety of a child?”
Dr. Fornito is absolutely right ! The number of stitches is not the point, but the safety of all children is … and I can testify that the VA doctors kept wanting to know of my childhood from day one … like this is a good place to blame my childhood and not the military for my injuries. Talking with other veterans at the Fort Worth Clinic is that this is a standard practice directive from the VA Regional Headquarters in Waco.
Being hard-headed, having a cracked skull and/or other statements of kind are “Figures of Speech”. Having a “Cracked Skull” is simply a figure of speech of someone hit in the head and would not be a statement of fact from the scientific community.
After the event on my 10th birthday I spent time in foster homes, juvenile halls, reform schools, MacLaren School for Boys, Tillamook Work Camp (which I escaped from) and the Double T Boys Ranch where I spent my teen years, which is documented in my C-File.
I was sent to these locations, not because I committed a crime, but rather the Oregon Legislature determined in 1929 that children born out of wedlock were deemed delinquents.
The Oregon law changed in 1975 just before I was emancipated from the juvenile system.
It is true as a child I was chained up, beaten with rose thorn branches, tied up and beaten with belts and other objects, stabbed with a fork, thrown through a window and held down while Tabasco sauce was poured down my throat, and other things any person in the right state of mind would consider “child abuse” –
I may of not had a good role model for a family environment, but I never used nor considered using my upbringing as a way, reason or excuse to commit a crime. The men of the “Double T Boys Ranch” taught me many things, and they did not just speak of love, but demonstrated caring for others in their daily lives with the boys at the ranch ranging from ages 12 - 18.
The 40 acre Double T Boys Ranch stood for Owners and Operators Tom Warren, Drill Instructor (US Army 1957 - 1959) and Tom Cobos, a Marine Reserve who followed the path of Cal Farley’s Boys Ranch in Amarillo Texas.
It was at MacLaren School for Boys where I received a social security number 543.xx.xxxx as a “Ward of the State” and later while at the boys ranch earned enough money to by a car and get a Driver’s License assigned to me by the Oregon Department of Motor Vehicles (# 2500325).
I did not get any speeding tickets as a kid. However, I did get a ticket once for riding a motorcycle without an endorsement early one summer morning when I was 16 years old wearing just shorts and shoes. (It is Oregon state law that all who ride motorcycles must have an endorsement on their Driver’s License)
When provoked as a kid I would fight, as was proven in my striking a US Marine between his eyes with a horse bridle while in his prime physically when he tried to bully me when I was 14 years of age and barely over 100 pounds (He is Tom Cobos), and a few days later he apologized. We have been friends nearly 40 years now, though at times he still gets a little upset when he wakes up in the morning to shave and sees an “X” right between his eyes from the stitches he received from the Bend Hospital. Later he had his nose repaired –
And again after being physically assaulted by Jack Apperson (no contact in many years) at age 15, I slammed his head into the corner of a freezer while protecting myself. The assault file is still on record under “David Apperson” at the Crook County Sheriffs Office, Prineville, Oregon, with Jack Apperson never going to court or being tried for the crime of “Assault or Child Abuse”.
I didn’t care if he was penalized by society or not at that time, and even now, as I beat him in that incident where he became the bloody one and I only had my hair pulled out which grew back.
However, Jack Apperson did spend ten (10) days in jail after the incident on my 10th birthday in the Oxnard or Port Hueneme Police Department and he left the military and moved to his hometown in Prineville, Oregon.
I was on my own at 15 years of age and worked two (2) jobs seven (7) days a week to finish high school. One of my jobs was Night Counselor and Big Brother to the boys placed at the Double T Boys Ranch in Bend.
My childhood did not consume my life for the worst, and the United States Army had me write on one of my enlistment papers what my job at the ranch was. I wrote something in the manner of - teach others to be better citizens, protector and night watchman (I slept once everyone was in their bunk sleeping).
Other jobs included Fire Fighter at 14 years of age, running a jack hammer the next summer at 15 years of age, and then was a cook at various restaurants depending on the time of year.
Foster Kid Beats Odds of becoming a Criminal
When I got out of the service I was offered to speak at MacLaren School for Boys where I was sent at 12 years of age, after spending the summer in a jail cell because I skipped school and went swimming in the Crooked River during a week of hot weather in the month of May.
I spoke at MacLaren in 1981, learning later that I was the first person in the history of the Oregon Juvenile System authorized to return to speak with the inmates.
The year I went into the service (1977), MacLaren was sued in a class action which can be found online dealing with children in Oregon from 1929 - 1975.
What was my crime? Simply being born out of wedlock at a time in Oregon history where I was deemed a Delinquent before I was even born –
I was recruited by the United States Army when I was 16 years of age and enlisted at 17.25 years of age a few days after Christmas in 1976 under the Delayed-Entry Program.
I was accepted by the United States Army as having a sound mind and body at enlistment, and due to my test scores I was given the option of any career path I wanted. I did not see myself as a lifetime member of military service, but because I was raised on the Flintstones, Perry Mason, John Wayne,Branded, The Lone Ranger, Bonanza, The Rifleman, Daniel Boone, Elvis, Dragnet (names were changed to protect the innocent) and others, I opted to be a fighter or what we call an Infantry Soldier.
By lifting weights, running and working as a teenager I was already in good physical shape, and like most people brought up in the country lifestyle, I learned how to fire a weapon, and it shows in my records that I was expert in the Army in all weapons I was trained on and tested for.
While my classmates enjoyed their summer and teen years, I volunteered to be on, near, or in the front lines of the Korean DMZ. (I served in the 1/32nd Infantry Regiment)
Military Service and Experience
I arrived at Boot Camp on the 25 January of 1977 as I had enough credits to graduate and could gain the balance of my credits for finishing Basic Training and Advanced Infantry Training (AIT). While at Fort Benning Georgia I was assigned the duty of Acting Platoon Leader of the Airborne Platoon, which I did for five weeks until I was injured with a broken collar bone.
MRIs taken in January 2012 at the Dallas VA Hospital revealed two bad disk in my neck and three bad disk in my back, which according to the medical staff, the five bad disk were caused by an injury and not by age or hard labor through life, of which form of occupations I did not pursue as a career path after military service.
What I can not understand is “Why did the VHA take over five years from the time I filed my second claim for a “Head, Neck and Shoulder Injury”. (First claim filed in 1990 at the Portland Oregon Regional VA Office) before they gave me an MRI on my neck and lower back?”
It seems to me that anyone who was Airborne or Air Assault and comes to any VA medical facility complaining of head, back or neck pain should be given an MRI as soon as time is permissible.
After six years I am now in the spinal steroid program, being treated at the Dallas VA Hospital for the back injury of three disk, which was not reported in the “Statement of Case” dated 16 July 2012, which is over six months from the time my MRIs were taken in January.
Estimates vary, but an average academic paragraph might contain 8 - 10 sentences, while an average business paragraph might contain 4 - 5 sentences, and the next paragraph shows that the VA paragraph I received was five pages long with 111 sentences, mixing information of truth with assumptions and false documentation.
Examples of this is when Dr. Zartman stated I was delusional because I said I was in Korea and Dr David who I talked with for 20 minutes stated I was a “Homicidal Maniac” with other mental disorders and diagnoses that have been proven to be totally false and out of character.
Federal Law requires the Department of Veterans Affairs during the Appeals Process, utilizing a DRO (Decision Review Officer) that the VA employee must go through the entire C-file and not just copy and paste statements into a five page paragraph made up of numerous sentences containing misstatements with obsolete and outdated medical diagnoses and other falsely copied medical information.
Example – VA Statement of Case states I have one bad disk in my lower back. I am sure if someone read the file they would know that in January 2012 I finally received an MRI and it shows I have five bad disk.
This demonstrates the DRO did not read the case file, as federal law requires, and must include and accept all medical evidence, which according to the “Statement of Claim” was not properly handled by the DRO or the DRO would of understood the facts of my medical condition of five bad disk from injuries caused during military service, that could have been from any one of the following incidents, including, but not limited to:
• Broken Collar Bone in AIT; and/or
• Being assaulted and fighting a hand-to-hand battle at the gate with three individuals in the Republic of Korea; and/or
• Back injury sustained while playing Rugby at Fort Campbell
As stated in another location of this “Rebuttal of Statement of Claim” a civilian doctor (Duke University) in 2003 declared that I had an old injury to my neck that may have caused minor pain over the years, but by the time I met with him the pain was so unbearable that I was prescribed percocet for nearly nine months.
The Regional Veterans Benefits Administration (VBA) employee responsible over all Waco VBA claims and utilization of “Best Practices” for physical injuries and Post Traumatic Stress through the North Texas DRO process is Pandi S Van Houten, Veterans Service Center Manager Waco, Texas.
Character, Creativity and Scientific Research
The “Statement of Case” states I made grandiose statements. I wonder what part of the facts I stated were in the realm of “Grandiose” as I only spoke the truth, and if the facts be grandiose, then so be it.
In the following section of this “Rebuttal of Statement of Case” I will show some of my work after military service, which proves what I said was true from the beginning and that the DRO only needed to place the information in sequential order, have an honest “Comp and Pen” and a face to face meeting (which I have requested from the VBA on three separate occasions) and would be found to have service-connected injuries such as those mentioned in this “Rebuttal of Statement of Case” –
Head, Neck and Shoulder Injury, Lower Back Injury and PTSD all connected through my head and neck.
I had one hearing scheduled on 10 August 2011, but it was canceled. According to Dale Moyer, Texas Veterans Commission, I had enough evidence for my claim and a hearing was not needed. That was nearly a year before I received my “Statement of Case” from the Department of Veterans Affairs (VBA Waco Texas).
In the following section you will understand a bit of my character, creativity and research projects I was involved with that were published in the “Journal of the Royal Society” in the United Kingdom 10 years from my original idea submission.
United States Department of the Interior - National Park Service Dated 9/3/01
Historic Building - First Presbyterian Church of Redmond. page 10 (Faith Family Fellowship)
Duke University Medical Center Department of Radiology, Center for In Vivo Microscopy in Durham, NC (Gary Cofer, GA Johnson and Sally Gewalt)
In July 1998, during summer break at Duke University I paid $4500 to have the opportunity to have the first butterfly chrysalis ever to be scanned utilizing MRI technology (10 day gestation period) with initial idea of scanning a chrysalis and initial funding of the research project paid by Hans Schnauber.
Collaboration with Richard Stringer, DSc, John Hopkins University, and the great folks at the Center for In Vivo Microscopy at Duke University (http://www.civm.duhs.duke.edu/) we are were excited on what was being learned by the graduate students and staff.
Jokingly I promised not to start a new religion from the information I proved factual (and with 24,000 religions in America, why would I do that) and let Dr. Richard Stringer utilize his scientific knowledge during the last 14+ years studying this phenomenon from a scientific point of view from the initial MRI research that has brought him fame among his peers, as promised, in the beginning of our communications before the research was funded.
After my three days at Duke University the Department Administrator wiped my balance clean of any additional cost and Duke University received additional funding through a grant from the United States government.
• http://ukpmc.ac.uk/articles/PMC2610326/ - Dynamic mechanical oscillations during metamorphosis of the monarch butterfly (see Acknowledgements)
• As agreed after my discovery (It only took 15 minutes viewing the results on a computer as I knew was I was searching for a circle of light) the find would be called Hans’ Circle.
• Initial scientific publication on the results out of South Africa published Dick Stringer’s paper, with the footnotes utilizing “Hans’ Circle” as the name of the discovery. What I found was the reproduction organs of a butterfly that up until 1998 were never seen by the human eye. I no longer have a copy of this publication, but am sure it can be located if needed by the VA.
The Columbian Newspaper Article (Dated 22 Feb 2006)
For the record, I supplied the evidence directly to the news reporter as Vancouver has been the town of my sister for 40 years, whereas the State of Oregon wanted to fine me $2.48 million dollars because of improper ‘Sale of Securities’ due to the corporate collapse during the dot com era after a federal dispute between Zipee Corp vs. The United States Postal Service (USPS) Federal Case CV 99-1290-MA was complete.
By 2002 I legally received back all intellectual property and copyrights from Zipee and the IFBE.
As sole owner of all technologies, designs and copyrights of Zipee Corp and the IFBE I agreed to pay the State of Oregon a $3500 fee, with no interest or prepayment penalty at $100 a month.
$2.48 million down to $3500 seemed like a fair deal to me, without utilizing the cost, nor advice of an attorney. Someone asked me why I agreed to $3500. I said, “It was easy. I represented to my God a dollar a year for the 3500 years of persecution of the Jewish People.”
I paid a few payments and then paid the balance in full.
It was simply a matter of Zipee Corp receiving improper legal advice while solvent employing 30+ people before the dot com crash of 2000/2001.
The bankers and law firms associated with the corporation were sued in a class action for errors and omissions, and agreed to an $880,000 settlement rather than let the public know of their actions and deeds. Due to Oregon State Law I can not reveal the law firms involved.
I was rarely seen by the employees of Zipee Corp, and some people I never did meet as I worked alone and didn't feel comfortable being around people as much as I did when I was a kid in school, which I will explain further in this Rebuttal of Statement of Case 349/215C.
The Postal Service Domain
The term postal service originated from the use of domesticated pigeon post for message delivery throughout Europe, China and the Middle East years before the founders of the United States of America ever thought of signing the “Declaration of Independence.”
In fact, pigeon post were used a 1000+ years before Columbus ever came to this country. In America, Benjamin Franklin is credited for starting America’s National Postal Service.
As majority shareholder I took ultimate responsibility in regard to any trademark issues of the postal-service.com domain and any and all of the 2000 generic domain names such as auto-racing.com, stock-broker.com, internet-security.com and many others.
In 2005 The USPS applied for the Trademark “The Postal Service” through The United States Trademark and Patent Office. You will notice that it was five+ years after the case was settled that the United States Postal Service applied for trademark ownership of the name.
The USPS registered the generic phrase “The Postal Service” through the United States Trademark and Patent Office in 2005. Just think about that for a moment …
• Serial Number 78513846 Reg Number 3118262
• Serial Number 78513840 Reg Number 3118261
I am unauthorized by United States Federal Law from disclosing any matters of Federal Case CV 99-1290-MA unless the United States Postal Service and myself agree to signing off on opening the legal documents and evidence for public viewing, as they are sealed for 75 years somewhere in a federal vault in Seattle, Washington.
However, I can say that most law firms today understand the basics of Internet law, directly, or indirectly, from Zipee Corp vs. United States Postal Service as the basis for legal disputes over national and international trademark issues, domain names and the Internet.
The final case document can be found at http://www.finnegan.com/zipeevuspostalserv/ where you can locate Federal Judge Marsh, 9th Circuit on April 13, 2001, declaring the Defendant's (USPS) motion for attorney's fees and nontaxable costs totaling $1,183,403.22 be denied !
In other words, the USPS spent nearly three years and over a million dollars on a case that should have been completed to the final legal resolution. However, the dot com crash stopped everything in its tracts even though there where still “unsettled legalities” in this particular case.
As Plaintiff in the case with the “IFBE” (International Federation of Butterfly Enthusiasts) which was later placed under Zipee Corp through a stock transaction while I used the name of Hans Schnauber, a name created at Division Headquarters in Fort Campbell Kentucky, dated 31 July 1978 in Christian Country Kentucky, the day after I completed Air Assault School and less than three weeks from the time I reported to the 101st Air Assault Division as a Machine Gunner from my military service on the Korean DMZ.
I read the phrase “Seek and you will find” for many years, and searching I did.
It is known that in some instances you can take two words, place them together and create a whole new word or meaning. I put two commonly used historical words and placed them together - IF and BE as in IFBE …
Being a fan of pigeon breeding and racing I had the IF and E figured out.
As one who likes a small town atmosphere I lived for a few years between three mountains (Mt Adams, Mt Saint Helens and Mt Rainier), and would sit in the forest and watch for hours wild life such as dear, elk, hawks, ravens and the many species of birds and other creatures.
Let me tell you, a few feet from a herd of elk in the middle of the night is a wonderful experience.
During this period of time I noticed a plant sprouting in a garden area that I haven’t seen before at such an early age. I figured since a bird or the wind brought it there that I will watch it grow to see what it will grow into. When the plant was approx three months old, Swallowtails as well as other species of butterflies would hover around the plant seeking a nectar source.
I later figured it out it was a Lupinus, commonly known as a lupine(s) in North America, and a genus in the legume family (Fabaceae).
During this time I figured it out. I found the answer to the riddle I created myself. The missing letter for “b” of my solution would be butterflies for the letter “b” … not bombs, not bullets and not barriers, but a different image … an image that would include butterflies and smiles on the faces of children.
Having the words I needed to complete the puzzle of IF BE I created the International Federation of Butterfly Enthusiasts, though during the Internet period of flame wars some of the “Lepinerds” got upset at my promotion idea of releasing laboratory raised butterflies into the outdoors, which children have been doing in some science classes since 1959.
The joy on the faces of kids was worth more to me than the credibility of any knuckleheaded PhD from Oxford or any other place or school of thought. And as we all know, butterflies are considered a beautiful creature anywhere you can travel on this planet.
IFBE is the code I used to create technology that was ranked number one on all search engines for top placement of generic keywords. It was quite simple – I had the domain names and linked the word phrases together with IF BE being the core of the system.
Zipee technology partners at the time of the dot com era were Exodus (Hosting Service) and Inktomi (Search Technology) now owned by Yahoo. Exodus was caught data-mining their customers and went by-by for lying, cheating and stealing.
The purpose of the butterfly releases was to show children the beauty of nature, teach adults about increasing butterfly habitat, and use myself as the promotional tool, so I had no image cost, all for the fact that butterflies and bees pollinate 90% of our world’s food source, and without these insects we are up the creek without a paddle (Figure of Speech).
The reason I chose IFBE as the start of the test was because IF and BE are words that have been around a long time. In fact, I believe you will find in most standard bibles accepted by multi-millions of people around the world the phrase “IF It BE Thy Will” or “IF it is to be, it is up to we” and as I say “IF BE”.
It has been proven through results that IFBE brought knowledge of butterfly habitat to the public as well as test my Internet design capabilities at the 1998 ISOC meeting in San Diego where 500+ computer scientists from around the world gather yearly to teach and/or learn on methods of Internet Security.
You will find the IFBE (International Federation of Butterfly Enthusiasts) just below the National Security Agency (NSA) in sponsorship of the 1998 Internet Security Conference.
I was also able to promote my ideas with the help of Fred Meyer’s and distribution by the Girl Scouts and Boy Scouts of America giving millions of Lupine seeds free to everyone to plant, as well as releasing thousands of butterflies, approved by Robert Flanders, USDA.
There was no cost to anyone, except me, and the entry fee to attend the 1997 Washington State Fair, where 153,000+ people showed up and over 8500 were allowed back stage to watch the butterfly release. This was the third largest attendance in 100 years of the fair’s history.
Today there are places you can see Lupines whereas when the “White Man” came to the Oregon Territory they destroyed 648,000 acres of Lupines, a plant which is a host and nectar source for some butterflies; including the endangered Karner Blue.
Throughout the northwest I was referred to as “The Butterfly Guy”, and make no excuse for the title, as the name was easy to remember and the butterflies brought smiles to the faces of tens of thousands of children.
KOMO News in Seattle and Portland ran a three minute segment on the 1997 July 4th Independence Day Butterfly Release that was held in Chehalis Washington.
In once instance in 1999 I remember was when a little girl in a wheelchair came up to me with her parents as she loved the site of butterflies so much. To the best of my recollection her parents told me they drove many hours to get there. I can not express in words what this child did to me seeing the smile on her face as I gave her a special butterfly plant for her window seal to bring butterflies closer to her room.
During the time the IFBE existed there were members in 70 nations and the events drew tens of thousands of people to our website. We received publicity around the world with a creative way of utilizing the Internet to get our message to the public. In fact, at the end of Zipee and the IFBE, data showed we had 8.5 million unique visitors coming to our network of sites on a monthly basis.
See Wall Street Journal Article (WL-WSJ 3479075), Market Place Section - 15 January 1998, and;
The Federal Communications Law Journal, Volume 51, page 410 (Last Paragraph) and page Volume 51, page 411 (First Paragraph), just ahead of Bill and Hillary Clinton in bondage apparel.
Information in the law journal was produced by Rebecca W Gole for her PhD Thesis on “Playing the Name Game”. The information was produced in 1999 and is not totally accurate, but is a good document for some to understand the role of domain names in utilizing the Internet for business, organizations and/or individual purposes as in social networking.
http://www.thefreelibrary.com/IFBE%3A+U.S.+Warned+of+Possible+Famine.-a053056526 declares information that was delivered throughout list-servers to the scientific community and here it is 15 years later and now our nation has a serious pollination problem to solve if people would listen and analyze the facts.
If further studied, you will find that IFBE sponsored the ISOC (i.e., Internet Society) Internet Security Symposium one year and Zipee Corporation the next year, along side IBM, GE, NSA, Microsoft and others.
Internet Declaration of Independence
Grandiose Idea? Perhaps … but surely an idea of this type needed to be in document form as a starting place for “Internet Security”. I did not know that present society thinks “Believing in Ideas” was something of a concept on the scale of a mental disorder.
If facts are truth, then they can not, nor can they be, considered grandiose … they are simply facts ! Because a person does not believe in God (Creator of All Things) it does not nullify the fact that a “Creator” may exist in a realm we can not see with our eyes, nor touch with our hands until another form of knowledge and wisdom is used in the process of finding God.
In February of 1998 I wrote the “Internet Declaration of Independence” utilizing the format of the “United States Declaration of Independence” as foundation for thought structure, believing that such a document must one day be agreed upon by all nations, peoples and tongues while utilizing the Internet in the future.
Match the URL (web address) to the Way Back Machine (Internet Archives 1998) you can easily confirm the author and organization that published and promoted the Internet Declaration of Independence –
I am sure most governments will now concede that cyber warfare is costing tax payers around the world millions of dollars. A world of order must be placed on the internet or we will continue to be spending millions of tax dollars on software which could all be outdated according to some computer scientists if the Internet redesigned with the knowledge base our society has in its grasp today.
In fact, in 1999 Vint Cerf stated to the CEO of MCI/Worldcom that there was no financial benefit for being ranked number one on search results. History has proven that he was wrong and now he is the head of ICANN selling top level domains (http://newgtlds.icann.org/en/) at $125,000 plus.
The Idea of Grandiose
The idea that David Apperson is grandiose has never been substantiated nor proven by facts submitted. Again I say, If a fact is true it can not be grandiose. It can only be true !
According to Merriam-Webster, the Meaning of Grandiose is “characterized by affectation (the act of taking on or displaying an attitude or mode of behavior not natural to oneself or not genuinely felt; and/or speech or conduct not natural to oneself) of grandeur or splendor or by absurd exaggeration.”
And a fact, no matter how it sounds can not be considered grandiose.
That being said, I wonder which of the statements I made and/or documented facts the VSO submitted on my behalf were/or are considered grandiose?
The answer can only be “None” as I have made no grandiose, nor exaggeration on any statements made to VA medical professionals, medical hospitals or anyone else.
Microsoft Butterfly Promotion
After Zipee Corp was dissolved in 2001, Microsoft in 2002 spent $300,000,000 on promoting their idea of “The Butterfly Guy” in a ridiculous outfit to promote their software. (Up till this point in history, the advertising campaign was the most expensive ad campaign ever in the world.)
The idea came from the popularity of what was done by the IFBE structure attracting millions of page views per month, and in less than a year the organization was ranked 14th online in comparing online reach of 800,000 organizations within the United States.
It was rumored the artist of the campaign got the idea from attending the anniversary of 911 in New York State and hearing the message that was brought forth.
Release of Information - If agreeable by both parties, myself and the USPS, I will give access to the public, including, but not limited to, the United States Department of Veterans Affairs to open the files for public education, research and matters dealing with this VBA claim.
I release to the Department of Veterans Affairs permission to copy the documents at their sole discretion and expense if authorized for release by the 9th Circuit (Panel of Federal Judges), Portland, Oregon.
Editing of Facts as written in the “Statement of the Case” by the DRO, Waco Texas
PTSD was not a word used in or out of the military in 1979. Therefore, diagnoses of PTSD could not be made during the first few months of 1979 before my military discharge.
Bayonet wound has been confirmed by Carlos Loya, Squad Leader at #3 on His Testimony. David Apperson can also show scar from the stitches in his left arm.
I am happy to see that the VBA concedes “that areas in close proximity to the Korean DMZ in the late 70’s were areas where fear of hostile military terrorist activity would be reasonable, as there was an incident in August 1976, prior to your arrival, where North Korean soldiers attacked and killed 2 U.S. Army Officers and injured 5 enlisted man.”
The VBA states that “There was also a confirmed incident in July 1977 where a U.S. helicopter was shot down” … which the VBA can see clearly that according to my squad leader (Carlos Loya) I was part of the extraction team during the July 1977 helicopter incident. See Carlos Testimony #5 and #6.
Alfredo Garcia attests to the stresses experienced on the DMZ in an article that appeared in Stars and Stripes. Incident on 9 December 1979 in which SFC Anderson was killed in action trying to protect a soldier under his command who lost an arm and a leg while stepping on a mine.
The VBA should understands I was given no medication or treatment for psychosis of any type at Western State Hospital for mandatory 14 days ordered by a Judge as I was being held without bail because of false testimony by an individual and because I said; “The Army ordered me to change my name” which is a fact.
“Statement of Case” shows I was diagnosed on 29 June 2010 with PTSD. Nine months before that Dr. Zartman, Dallas VA Poly-Trauma Unit, said I was delusional because I said I was in Korea. It seemed to me this women was not interested in truth, but kept asking me about my childhood.
“Statement of Case” states it is clear that your functioning has been poor, socially and occupationally, for many years. According to what I read on the subject, this is a result of untreated chronic PTSD.
After listening to Dr. David for twenty minutes, he gave me a “Phony Test” that lasted approximately 3 1/2 hours. The test did not reveal anything in regard to conversion disorder, underlying delusional or psychotic process, nor post traumatic stress disorder symptomolgy.
According to the US Library of Medicine through the National Institute of Health; There are No Tests that can be given to Diagnose PTSD.
That being said, Dr. David can’t figure out anything so writes in his report I am a “Homicidal Maniac” because I said I would kill someone if the government asked me to, according to the way he phrased the question. It is “Hogwash” – this person in 20 minutes talking and a 3 ½ hour bogus test (which according to the NIH is useless for a diagnoses of PTSD) couldn't figure out if I have PTSD, but instead listed a lot of possibilities, even to the point of diagnosing me as a “Homicidal Maniac” which is totally false and the process in which Dr. David did his exam wasn't even done according to “VA Best Practices” or reliable scientific research, as in the NIH.
I believe I have already submitted enough medical evidence that I am not delusional, illusion, psychotic or dangerous to my self or others in any community. As a long term resident in Washington I have a Drivers License, with California and Texas Identification.
I have a Medical Marijuana Card from the state of California.
I submit additional evidence from Dr. Vernon Gotcher that states; “An interesting aside is that David has been thought by one of his physicians to be delusional. This was based on his abiding interest in studies of butterflies and their metamorphosis. In fact, David has done a considerable study and scientific investigation of this subject and has been cited in several studies and published in responsible scientific journals which I have read. His interests are varied and valuable. David has suffered an identity crises for some time and has worked on his self esteem and appreciation and appears to have overcome these concerns during his therapy with me.”
According to the DRO my Global Assessment of Functioning (GAF) is 45. According to Dr. Gotcher and Dr. Fornito my GAF score is somewhere between 31-40. I do not fully comprehend nor understand the GAF system or process so I will make no additional comment or remark on this matter.
I did find it ironic however, that the “Statement of the Case” utilized text from a comp and pen examiner who was considered incomplete and incompetent in the diagnoses of David Apperson and Dr. David’s nullified test on PTSD, which together nullifies the words of those who say I do not have PTSD from service in Korea.
As far as academic studies go, it is still true to this day – “If you keep repeating something over and over again you will learn the current method of operation or auto-thought processes, like you would be trained to handle an M-203.
“Statement of Case” states I reported unusual body sensations/experiences which I presume is the VBA’s way of describing the pain I was having.
Allostatic Load: A Review of the Literature was funded under the Australian Department of Veterans' Affairs, Applied Research Program and conducted by the Centre for Military and Veterans’ Health.
The report summarizes the concepts of homeostasis, allostasis and allostatic load, how chronic stress leads to allostatic load, and examples of the physical and mental conditions which correlate with allostatic load. Allostatic load is an evolving model and only one of several models devised to examine and understand the long term health effects of stress.
The model cannot explain all causes of ill-health and disease, however it is emerging as a useful model for investigating how stress experienced during military service may impact negatively on health.
And it is true I believe I have PTSD based on the diagnoses of four (4) separate doctors (one female doctor in Santa Rosa, California, Dr Witchie at Fort Worth VA, Dr. Anthony Fornito at Forth Worth VA and most importantly spending 28 one hour sessions on Cognitive Processing Therapy and Cognitive Behavioral Approach with Dr Vernon Gotcher, and he believes I have stabilized my PTSD symptoms with his help.
The problem in my C-file is that after I was diagnosed 5/5 by a female doctor in Santa Rosa California I was then scheduled to meet with Dr. Alan Comptom, a physically blind person (he can not visibly see), who is a psych doctor at the Santa Rosa VA Clinic who wrote that I was delusional about my military and other experiences in life even though he could not see my documents and said he doesn’t need a copy of them. His secretary on the phone a month or so later said “Dr. Comptom has a special ability because he is blind to determine if someone is schizophrenic.”
With the statement from Dr. Compton and the statement from Dr. Zartman together perpetrated foolishness, as I was branded delusional and confused.
Again, I state Dr. Fornito and Dr. Gotcher (Two Doctors I Meet With Consistently) say I am not delusional, I do not plan on killing myself or anyone else and I am definitely not schizophrenic. If I can not trust the doctors I respect and am treated by diagnoses which can not be trusted, who then do I call for trusted medical opinion?
I sold everything I owned to stay afloat financially. The Social Security Office started me on SSI as I was late in collecting regular Social Security Disability because of the amount of hours and that I earned to much money from May 2004 – May 2007.
However, the Social Security Office has me completely disabled as of 1 January 2005 for PTSD and the degree of pain I have based on information from the Dept of Veterans Affairs.
As far as avoiding people and places, and continuous prodding from Dr. Fornito I finally did something around people. I went to a Texas Rangers Game. I was able to do this because someone wrote to “Faces of Freedom” (Rangers Non-Profit) and told them a little about me. I was given four (4) tickets for serving my country and for time helping other veterans through “Vets Helping Vets”.
Because of Scott Feldman (Pitcher for the Texas Rangers) we were treated like kings with a meal anyone could dream of. The other honoree on July 29th game as well as myself being pictured on the Megatron in the middle of the 4th Inning. I didn’t see the photos until afterwards but during the time we were on the Megatron the crowd of roughly 45,000 stood and applauded. I finely felt my country welcomed me back home.
As one of the honorees I also received a free ticket by Southwest Airlines to Washington DC, free hotel stay with meals, where all of us who were honored during the 2012 Texas Rangers Season were able to walk the “Halls of Congress” and speak with Congressman Pete Session.
Dr Schwartzhammer, or something of the nature, was to give me a comp and pen at the Fort Worth VA to verify the documents I had in hand from MG Stephen Silvasy, SMA #9 Richard Kidd, Carlos Loya and others.
In fact, the first thing this doctor told me when I came into his office was, “You are not here for medical reasons, but for legal purposes. I could understand this, as I saw the document he was to complete, as well as a witness, of what he was to do.
The document stated something like “Do Not Complete Exam if C-File Has Not Been Read.” The first question on the form was did you read the C-file? His answered was No.
This particular comp and pen doctor did not follow the “Best Practices” as outlined by the Department of Veterans Affairs, and has caused me an unnecessary additional year of time to have my claim processed, and causing me to be homeless and disgusted at the entire VBA process.
What I really find disturbing is that even though his diagnoses and exam was considered null and void, the “Statement of the Case” utilized his statements throughout the document through computer copy and pasting.
I have reported on separate occasions and to different doctors I have nightmares and problems sleeping (Symptom of PTSD with Sleep Apnea). That is why I am prescribed Valium.
I never said I was a “Peace nick” though that word seems to be copy and pasted from one doctor to another by different medical personnel. I have also complained to doctors in regard to this matter and then they use the same wording that has been deemed non-credible. This is one of the main reasons I filed in Dallas Texas to have my records investigated in regard to statements from Dr. Compton and Dr. Zartman and duplicated by others so that all false diagnoses will be rectified.
What I have said; “Was according to my beliefs I no longer wanted to fight” as I was in physical altercations after I got to Fort Campbell after Air Assault School on numerous occasions due to racial issues in the military at the time and some of the soldiers who were stationed at Camp Howze when I was there as a Unit Policeman spread around the battalion that I was some kind of cop, causing me to be in dangerous situations and with my name being change, it caused even more problems, as if I was some kind of nark or something for the military.
Federal Laws that affect this “Rebuttal of Statement of Case”
38 USC Section 5107 (03/02) Claimant responsibility; benefit of doubt
(a) CLAIMANT RESPONSIBILITY – Except as otherwise provided by law, a claimant has the responsibility to present and support a claim for benefits under laws administered by the Secretary.
(b) BENEFIT OF THE DOUBT – The Secretary shall consider all information and lay and medical evidence of record in a case before the Secretary with respect to benefits under laws administered by the Secretary. When there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, the Secretary shall give the benefit of the doubt to the claimant.
3.102 Reasonable doubt.
It is the defined and consistently applied policy of the Department of Veterans Affairs to administer the law under a broad interpretation, consistent, however, with the facts shown in every case. When, after careful consideration of all procurable and assembled data, a reasonable doubt arises regarding service origin, the degree of disability, or any other point, such doubt will be resolved in favor of claimant. By reasonable doubt is meant one which exists because of an approximate balance of positive and negative evidence which does not satisfactorily prove or disprove the claim. It is a substantial doubt and one within the range of probability as distinguished from pure speculation or remote possibility. It is not a means of reconciling actual conflict or a contradiction in the evidence. Mere suspicion or doubt as to the truth of any statements submitted, as distinguished from impeachment or contradiction by evidence or known facts, is not justifiable basis for denying the application of the reasonable doubt doctrine if the entire complete record otherwise warrants invoking this doctrine. The reasonable doubt doctrine is also applicable even in the absence of official records, particularly if the basic incident allegedly arose under combat, or similarly strenuous conditions, and is consistent with the probable results of such known hardships. (Authority: 38 U.S.C. 501(a))
I take medications for Pain, Post Traumatic Stress and Sleep prescribed by Fort Worth Doctors. It seems to me taking a lot of pills and the fact that through the Tarrant County Mental Health Warrior Support Program, Dr. Gotchar, Phd and VA employee, Dr Fornito, that it is a fact I have PTSD.
Documents I submitted as additional evidence proved I am not delusional, but The medical staff didn’t read my C-file but simply copy and pasted information and placed it where it seemed to fit.
Medical diagnoses of Dr. Compton (Santa Rosa VA) and Dr. Zartmen (Dallas) have been deemed incorrect, nullifying much of the opinions of those who copy and pasted any information from these two medical doctors.
It is proven I had a neck injury in the military as well as a broken collar bone while on duty. It also shows in my records that I hurt my back playing rugby. I played rugby at Fort Campbell and therefore the date of 22 May 1978 is incorrect as I was stationed in Korea on that date.
However, 22 May 1978 may be during the time I was prescribed Morphine for ten days because my feet swelled up after walking 30 miles a day for 10 days … and the pain was immense.
I also include the VA Fact Sheet regarding Post Traumatic Stress -http://www.va.gov/ptsd_qa.pdf
And I totally disagree that I ever went to a hospital of any kind seeking some kind of drugs as stated in the “Statement of the Case” and actually expect an apology for such nonsense, as I have no criminal record of drug abuse, distribution, or any other kind of record of drugs, though being a duel resident of California, Texas and Washington.
I do possess a Medical Marijuana Card for use in California based on VA Directive 2011-004, signed by the Under-Secretary of Health, Robert A Petzel MD. However, due to not having much money my prescription expired until I can move back to Northern California where friends of mine will watch out for me there.
Yes, it is true I have been married three times and have held numerous jobs. It is also true that I left no paper trail as sometimes I traveled to different locations throughout the nation as is the legal right of any citizen in good standing with any and all police agencies, including, but not limited to, local, state and federal law enforcement officials.
In Rice v. Shinseki, the Court considered whether a request for a total disability rating based on individual unemployability (TDIU) amounted to a separate “claim” from a request for benefits based on PTSD.
The Veteran's Court reached the following conclusion: A request for TDIU, whether expressly raised by a veteran or reasonably raised by the record, is not a separate claim for benefits, but rather involves an attempt to obtain an appropriate rating for a disability or disabilities, either as part of the initial adjudication of a claim or, if a disability upon which entitlement to TDIU is based has already been found to be service connected, as part of a claim for increased compensation.
What I Want from the Department of Veterans Affairs
1. Service Connection for Head Neck and Shoulder
2. Service Connection for Lower Back
3. Service Connection for Chronic PTSD with Severe Obstructive Sleep Apnea
4. Payment in Full of All Compensation Due Me According to Federal Law
5. An Apology from the VBA for trying to make it seem like I was some kind of drug addict, dealer or pusher. I have no criminal drug problem or arrest nor have I ever been arrested for “Driving While Under the Influence” (DWI) under any circumstances.
6. All injuries established in my claim from the date I came to the VA seeking help, even to my original date in 1990 at the Portland Oregon Regional Office, if possible.
7. From this date forward, I do not want Waco VA handling any paperwork regarding this claim, but in the event any paperwork is needed that myself and my VSO be contacted and that all paperwork be sent directly to the BVA Headquarters in Washington D.C.
And for the record, I do appreciate John S. Limpose, Director of the Waco VA hurrying to speed up a BVA hearing date and get additional medical evidence once it was discovered that employees at Waco VA and certain VA Medical Doctors did not perform their duties as required in their Hippocratic Oath.
Dr Alan Compton, of Santa Rosa California, has been determined to be the cause of various misdiagnoses and problems associated with this claim, as well as Dr. Zartman of the Dallas VA Poly-trauma Team.
Disability payments are requested to go back to 1990 when I first filed claim for “Neck and Shoulder Pain” at the Portland Regional Office under the name of “Hans Schnauber” if possible by law.
I will accept the “Head, Neck and Shoulder” date of this BVA Claim, with back pain, leg pain, chest pain, neck and head pain, stomach pain and sleep apnea associated with PTSD included in this claim; and that
All records and notes of mishandling of my health care by Dr. Compton of Santa Rosa California, who claimed to have special powers by his assistant, Dr. Zartman of Dallas Texas VA and any and all notes from these two doctors that have been duplicated by others deleted from all medical records.
Signed by David Apperson, Korean DMZ Veteran
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