 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
ADVICE PROMISED VA & AZ TASK FORCE AND DELIVERED AS PROMISED
I. FISHING LICENSE FOR DISABLED VETS
I fought for and got the original free fishing license for disabled veterans. I refer to my October 21, 2005 letter to
Governor Janet Napolitano, attached herewith. (This was discussed at the taskforce meeting and it seems to be in
the process of being taken care of.) This could be done on a Federal level as a Federal license and access pass
with mandated State recognition and acceptance; alternatively, a mandate for matching State laws. I and II go
together.
II. STATE AND FEDERAL GOLDEN ACCESS PASS FOR VETERAN'S
I have the Federal “Golden Access Pass” that allows me and my immediate family, or guest riding with me in my
vehicle or their vehicle, free access to National parks and campgrounds. I have rarely used it because I am on the
“medical retirement as a greater benefit” and cannot afford the gas required to drive back and forth to most of the
parks and campgrounds that are too far away. I recommended and have fought for a state access pass to go along
with the free fishing license. Wording used for the Federal access pass could be used for the state access pass.
Alternatively, to save time and money, the state could merely recognize and accept the Federal pass!
As I said at the taskforce meeting:
1. A 100% service connected disabled veteran is getting approximately $2,400 a month if the veteran received
the 100% service connected rating after discharge from service and after eligibility for Social Security Disability,
which would make the veteran “too far removed” to receive SSD.
2. A 100% service connected disabled veteran that was medically discharged and applied for SSD gets
approximately $3,600 per month.
3. A 100% non-service connected disabled veteran getting the “pension as a greater benefit” gets
approximately $850 per month.
WHICH OF THE ABOVE HAS THE GREATER NEED FOR A FREE FISHING LICENSE AND FREE ACCESS TO
STATE AND FEDERAL PARKS AND RECREATION?
Number 3 above spends at least nine monthly checks for rent, utilities, car, telephone, and other necessities. This
leaves about two hundred dollars a month for food, gas, clothing, personal hygiene, laundry, over the counter
medication, and other miscellaneous expenses. The only way the budget can be met is by eating all the cheapest
food, not medically good for a person, and buying it from stores that sell food with expired pull dates. You sift out
the worms and everything the wiggles and crawls, and then you cook the rest and eat it. When you eat an
occasional worm it is normally well done and will do no medical harm. Game and fish would be a welcome and
healthy addition to the diet. As of the date of this writing veterans in need can ill afford such a luxury! Those with
partial disabilities are also, frequently, low income veterans whose situation is largely due to their service connected
disability. All veterans should receive a free or discounted hunting and fishing license.
Veterans with disabilities of 30% or more should get a free license while veterans with disabilities of 10% more Get
a hunting and fishing license at a 50% discount. Other veterans get a 20% discount on their hunting and fishing
license.
III. RAISE MEDICAL RETIREMENT AS A GREATER BENEFIT
1. The above facts about the “pension as a greater benefit” and the fact that the amount paid is over 30%
below the national poverty level speaks to the fact that the “pension” should be at least $1,400 per month. This is
as of this date in 2005.
Anything short of this amount shows our veterans zero respect and zero gratitude. It is a disgrace and dishonor to
the men and women who fought for this country with a willingness to sacrifice their lives. It is viewed as a control
method because low-income people do not have the financial means to travel to the VA and present their case,
produce expensive presentations, or hire an attorney.
2. Another item that makes life extremely difficult, for American Indian Veterans and other low-income veterans,
is the 11¢ per mile travel pay to go to the VA hospital with $6 taken out of the first three visits. People who can't
afford a fishing license can't afford $18 a month to visit the VA hospital three times a month. With today's gas prices
and the mpg older vehicles get each visit costs even more than what I have stated here. Most low income veterans
drive older vehicles.
3. The Graham-Rudman Act must be repealed. To save money Senators Graham and Rudman took money
from our poor veterans. Immediately following, they voted Congressman and Senators a raise. Instead of Honor
and thanks this gave our veterans another slap in the face!
4. In addition to the financial difficulties of getting to the VA hospital, our American Indian Veterans will not go to
the hospital and ask for help. The process is demeaning to the American Indian people. An outreach program,
staffed by American Indian Veterans and people who truly understand our needs, needs to be established. The
program can reach out to American Indian Veterans and educate them on the fact that they have earned and are
owed what they're asking for.
IV. AN INDEPENDENT INVESTIGATIVE AND JUDICIAL GROUP
A. Currently, the VA must frequently act as the judge and prosecutor. This creates a conflict of interest and
past wrongs being defended instead of straightened out. The veteran should have an attorney whose only duty is
to help the veteran get his/her due.
B. The veteran is not only disadvantaged in representation but also in time demands. The veteran must file a
NOD, “Notice of Disagreement” within one year of the mailing of a decision and the “substantive appeal” must be
filed within 60 days of the “Statement of the Case” from VA. The VA has no demands on VA for time performance.
This is used to further frustrate and confuse the veteran and his/her case. A Board could see to it that these VA
time demands were met. If VA has not decided a case in one year the case should be viewed as granted.
C. If there's in House problems or abuse, there is no means of safe, efficient, and fair for all rectification. The
investigative board for reviewing and correcting the problem must be separate in power or they can decide against
what is right and “bury the problem” the way things have gone in the past. Then perpetrators have discredited and
pushed out those trying to get what is right. When people fear reprisal they will not speak out nor help rectify and
repair past and/or current wrongs.
D. The same problem listed in B. above exists within the veteran service organizations like the DAV, VFW, and
others. I have numerous witnesses and mounds of irrefutable evidence here too.
V. WHAT IS “TOO FAR REMOVED” AND HOW TO FIX IT
A. The older veterans and American Indians
1. WWII, Korean War, Vietnam, American Indian, and other older Veterans were put in a position of being
discharged without proper medical attention and diagnosis of their medical problems. They were not trained and
skilled lawyers, they were not trained and skilled VA claims officers, THEY WERE DISABLED and most were and are
poor. Attorneys could not make over $10 representing a Veteran. Just try to get an attorney for $10. At the meeting
Jon Skelly said VA would pay back pay all the way to DOD. In the past, many of us were told VA only goes back to
the date of application. I think the 2006 court decision is the cause of the new practice, if it is actually being done
and not turned down. I can produce several witnesses here too.
a. They didn't have the money to get the required medical attention and diagnosis. They are told the injury was
not documents within a year of discharge and denied benefits.
b. The Veterans Administration of old would not perform the required medical examinations. Veterans should
not be punished because of this and saying that the condition was not documented within a year of service results
in punishment for the Veteran when VA did not do the job it was supposed to do.
c. Old methods of testing equipment could not and would not find the necessary results. Again the Veteran is
punished with the same kind of statement as “b” above.
d. No information was given to veterans in regard to the benefits they were eligible for. They are told they did
not apply within a year of discharge and are punished with denial or a reduction of benefits they should have
received.
e. Mixed with the aforementioned, there was an added problem in the fact that the “fiduciary duty of the VA”
was, and still is, actually adversarial. Veterans need attorney power from day one. Enemies of this nation get an
attorney. The VA uses QTC just like workman’s comp and insurance companies that want a doctor to give them
something they can use to deny the claim. This should stop and the “Primary Care Physicians and Treating
Physicians” should write the reports for ratings.
f. The VA of old would tell doctors what to write and claims were wrongfully turned down. The VA has been
using the QTC in the same way as insurance companies and workman’s comp companies have been using them to
find what is needed to turn down a claim. Principe was President of QTC, went to head of VA, and then went back
to QTC. (I have tape recordings and other irrefutable evidence to prove what I have just said.) I would rather
remodel the VA House than tear it down and have to build another. The primary care physician and other VA health
care doctors should be used and able to render rating decisions without interference or dictates from VA claims.
g. In one case a veteran was told it was all in his mind when he complained about back problems and gave him
30% for being crazy. Twenty plus years later a Doctor found and proved the back problem. VA said it was too long
since discharge and denied the back claim and then tried to take away the 30% for being craze because it was not
in his mind.
h. In my case, despite the fact that I have records showing my complaints and disagreement from DOD to
present day, VA has tried to say my evidence and issues are “too far removed” from DOD. There are many others.
I used to think that the aforementioned was due to laziness and other despicable problems. Since my meeting with
the veteran taskforce for Arizona, the VA director Patrick Chorpenning, and the assistant director Jon Skelly; I have
discovered that most of the past problems have been because the VA has had about 1/6th the number of service
workers they have needed to do the job and do it right. Under these conditions people try to take short cuts. When
they take short cuts they overlook important information and the veteran pays the price by being denied benefits
the veteran should get. I have always known that part of the problem has also been because of the way the laws
have been written, implemented, and funded. The above more that quadruples the costs of VA.
Without a diagnosis from military service doctors or a civilian doctor that is willing to say and prove that the injury is
directly linked to time in service, the VA decision is that the injury is not service connected; thus it is legally “too far
removed”.
2. Many of the Vietnam and American Indian Veterans got little to no help for a rehabilitation and reentry into
civilian life. They turned to self-medication with drugs and alcohol. They withdrew from the rest of civilization. Simple
“token demonstrations” and saying that the VA cares about these Veterans is viewed as nothing more than “trinkets
and beads”. A wise man once said, “What you do speaks so loudly that I cannot hear what you say”. If the VA gets
the service workers and budget required; then the VA gets old claims and Veterans properly taken care of;
everything will start to straighten out and come together. It will take a demonstration of true caring, sacrifice, and
hard work. If the VA continues to defend the VA of old, divisions will get worse. WHAT WILL HAPPEN TO OUR
COUNTRY WHEN SOLDIERS ARE NEEDED IN THE FUTURE?
B. Veterans with classified records
For Veteran's that have served the intelligence community, we need a separate Veteran's board for benefits,
records corrections, and appeals. It could also handle internal affairs and prevent record alterations performed as
retaliation or from other ulterior motives. This happened with me in regards to my records. Thanks to Senator
McCain I now have the evidence. The board needs to be able to tell the VA to grant a veteran benefits without
getting into classified information by divulging the reasons why. The veteran needs to be able to disclose classified
information to the board sufficient to prove and receive eligibility for benefits.
C. Future Veterans
1. Take care of all of the above.
2. Every veteran returning from conflict, and/or being discharged need to be told the following: “Your training
and experience has made you a soldier that won't wine because you don’t want to be called a winner, you won't talk
about problems affecting your life and ability to work because you don't want to be called a gold brick, and you
won't talk about your injuries because you don't want to be called a wimp. Now is the time to put all of that training
and experience aside. You must wine; tells us ALL your problems affecting your work, you personally, and your
relationships with others; tell us every injury you have or if he might have, and tell us about every injury you have
had or think you might have had. You must also tell us about everything you have been exposed to OR think you
have been exposed to. The next year or two is the most important time of the rest of your life. It's crucial for you and
your family to secure your future by means of full and total disclosure.
3. The VA should never guide a doctor in the performance of his duty to examine a veteran and write a report
for Veteran's benefits. I have tape recordings and witness sufficient to prove that this has been done in the past!
The witnesses include veterans and doctor's who were given such orders and threats that they would never work
for the VA again if they fail to co-operate.
4. Train people to interview and go through the entirety of the Veterans service. This should include his time
and activities on and off duty. By way of example, an automobile accident that happens to veteran stationed in
some state or country away from home is still the liability and responsibility of the Veterans Administration. Just
giving the veteran a pamphlet does not do the job. Most veterans wont read them and most pamphlets are too hard
to understand.
5. Help the veteran get buddy statements relating to any accidents and or possible exposure to anything that
might prove harmful in the future.
6. Make the Veterans Administration an organization that is fulfilling its “fiduciary” duty to the veteran and get
rid of budget politics and policies that make the entire process “adversarial”.
7. A minimum of two service officers should be assigned to each reservation and they should be American
Indian or descendants of American Indians who have knowledge of that tribe’s culture and history. Larger tribes
with more Veterans should have more service officers.
8. An organization like Personnel Records should NEVER give the Department of Veteran’s Affairs the original
files, like they do now, and should be charged with the duty of protecting ALL personnel and medical records in
behalf of the Veteran. Alternatively, another agency could be formed for this duty.
9. Soldiers go through eight weeks of basic training and eight weeks of advance training to become a soldier.
They are given about ten minutes to be told they are now a civilian again. Re-entry to civilian life should take at
least eight weeks of counseling and evaluation.
VI. TAX RELIEF
I went for tax relief once and was told I had to register my property at a certain time of the year so I didn’t get relief
that year and the next I think I missed the target. I don’t know if this has changed but it needs to be immediate upon
registration at any time of year.
VII. ENOUGH CASE WORKERS AND BUDGET FINANCES
When was at the Taskforce meeting and I found out about a very believable cause of many of the past problems
being not enough people and money I added this part revised.
CURRENTLY a claim file gets bounced from worker to worker. EVERYTIME a new worker picks up the file the
worker has to spend a possible number of hours going through the file to “READ AND COME UP TO SPEAD”. One
worker handling a file to conclusion and one review officer for review will save a lot of time and money. ENOUGH
PEOPLE AND MONEY IS A CRUCIAL AND AN INTEGRAL PART OF THIS EMPLIMINTATION.
VIII. CODE TALKERS
I was in Intelligence and speak with firsthand knowledge for what I'm going to tell you here. Our people were trained
for the potential of capture. The training consisted of, “Take as many of the enemy with you as you can but save
one bullet for yourself -capture is not an option. You can expire or retire. There are no options in between.”
Code talkers agreed to inter the service and fight our foreign enemies with the knowledge that the soldier assigned
to protect them was also ordered to shoot them and make sure there were dead. The model of the intelligence
community, at that time the Signal Corps, was “Better a dead soldier in the hands of the enemy done red soldier.”
If the above is not " going above and beyond the call of duty without regard to the risk of personal life and limb "
and deserving of the Medal of Honor, I don't know what is. Like me, these people went through hell on earth and
the hell continue to be a private hell for many years thereafter because they couldn't tell anyone and had no way to
share the burden or unload. This is why we need an intelligence section of the VA to help soldiers who participated
in classified actions!
IX. TERMINOLOGY DESCRIBING THE INDIGENOUS PEOPLE
When Columbus landed on American shores he thought he had reached India and called the people “Indians”.
When the mistake was discovered the terminology became “American Indians”. This was offensive so it was
changed to “Native American” which was accepted because our people were the only people truly Native to the
lands of North America. Programs were written to benefit the “Native American”. One of these programs is the
Direct Loan from Congress. The intent of this program was to help the American Indian Veterans buy homes.
Courts decided that anyone born in America is a “Native American”. The terminology should be “Native American”
for the indigenous people and "American Born" for settlers, emigrants, and their descendants. Everyone needs to
work together to get this corrected. A white, or any outside ethnic group person, born in the Hawaiian Islands is not
viewed as “Native Hawaiian” by the Samoans and the simple facts of the matter demonstrate the fact that they are
right. The same applies to all children who are born without the blood of the American “indigenous people” flowing
in their veins.
X. AN AMERICAN INDIAN VETERANS ORGANIZATION
All the information I've given in this document, and so much more, stands as testimony to the paramount need for
American Indian Veterans organization to be established by, and run by, American Indian Veterans in order to
service the needs of the indigenous people of America! The founding of this organization with the recognition and
empowerment by the American government is long overdue. Our people perished and continued to perish while
government representatives played politics with a bill that would do the job. What follows is the picture formed by
historical fact and can be applied to all veterans returning from service! Changing it is and “Idea that is overdue”,
so let’s get going!
XI. TRANSPORTATION FOR THE POOR, DISABLED, AND ELDERLY
1. Reservations and remote areas like the Williams field VA clinic services are in drastic need of a
transportation system that will service a large group that does not use the VA and suffers in silence!
2. Mobil emergency services are needed to take emergency care to remote areas, the poor, disabled, and
elderly and stabilize their condition so they can be transported to the VA Hospital.
XII STATE OF THE ART EQUIPMENT AND MEDICATION
Our Veterans gave “state of the art” bodies and service to our country. For decades the VA has been “saving
money” by using outdated equipment and medication. The new medications were developed to service areas of
previous failures and take care of newly discovered issues and areas. The same applies to the new equipment. Our
veterans have literally died because the VA refused to use the latest technology and equipment. The refusal was
due to costs. I have VA doctors willing to testify to this and the rest of my paper that I have prepared as requested.
XIII METHOD OF JOINING ISSUES
In the courts we have a “Motion for Joiner” that allows cases and issues to be joined together into one case and
heard at one time. The VA makes a decision that often overlooks issues, leaves them out, or fails to notify the
veteran of their existence and potential recovery of benefits. This drags things out with issues that have to be
appealed and finished; and then the new issues have to be started. The picture and justice would be drastically
and positively affected by this, attorney representation from day one, and time performance requirements being
placed on VA.
The VA has hearings to decide only one or two issues despite the fact that the veteran has applied for several.
This purposely strings out and confuses the whole process. It more than quadruples the work and frustration for
everyone. Twelve inches of documents become forty-eight inches of documents. What should be clear becomes a
thick fog no one can see through. Most deserving veterans give up. They know they have been shafted and their
families know they have been shafted. This does our country no good at all. It feeds the powder keg of Government
V. People
A veteran should be able to add issues to an appeal and cover why they were added instead of applied for up
front. The issues should be coverable and grantable so a veteran can go to court in a speedy and efficient manner
if the benefits are denied. Mine have been drug out over thirty-six years because of this and I am not the only one.
IV TOTAL DISCLOSURE
I just recently learned, in august of 2006, that VA and my other enemies have been putting false information in my
file and not disclosing it to me “because it might upset the veteran”. They are doing this to others too. This is
nothing short of Liable and Slander tactics to present a case that is greatly PREDJUDICED in favor of what VA
wants or does not want. Anything the veteran cannot see and does not know about cannot be answered or cleared
up. Such material should be completely and totally thrown out, declared “not mentionable” and disallowed.
The VA sent one of my previous attorneys material they claimed was the “whole case” and over 50% was missing
with bunches repeated as filler so that a mention of a file four feet high would look four feet high. Material they claim
they reviewed was not in the “whole file” despite the fact that it was in the VA “cited” material.
I am alleged to have done something to Col. Lewis L. Millet, my mentor and a man I love and respect. I would never
do anything to Col. Millet and I have tape-recorded conversations to prove he remembered me and I did nothing to
him. This kind of underhanded and deceptive practice must be put to an end!
Submitted by Noel T. Benoist D. D.
National Historian for National American Indian Veterans
Co founder for NAIV
Past National Director of Public Relations for NAIV
Co founder and resource person for AITVA
Past Judge Advocate for DAV Chapter 8
Past Chaplain for DAV in Redding Ca.
Past: NSA operative/analyst
I. FISHING LICENSE FOR DISABLED VETS
I fought for and got the original free fishing license for disabled veterans. I refer to my October 21, 2005 letter to
Governor Janet Napolitano, attached herewith. (This was discussed at the taskforce meeting and it seems to be in
the process of being taken care of.) This could be done on a Federal level as a Federal license and access pass
with mandated State recognition and acceptance; alternatively, a mandate for matching State laws. I and II go
together.
II. STATE AND FEDERAL GOLDEN ACCESS PASS FOR VETERAN'S
I have the Federal “Golden Access Pass” that allows me and my immediate family, or guest riding with me in my
vehicle or their vehicle, free access to National parks and campgrounds. I have rarely used it because I am on the
“medical retirement as a greater benefit” and cannot afford the gas required to drive back and forth to most of the
parks and campgrounds that are too far away. I recommended and have fought for a state access pass to go along
with the free fishing license. Wording used for the Federal access pass could be used for the state access pass.
Alternatively, to save time and money, the state could merely recognize and accept the Federal pass!
As I said at the taskforce meeting:
1. A 100% service connected disabled veteran is getting approximately $2,400 a month if the veteran received
the 100% service connected rating after discharge from service and after eligibility for Social Security Disability,
which would make the veteran “too far removed” to receive SSD.
2. A 100% service connected disabled veteran that was medically discharged and applied for SSD gets
approximately $3,600 per month.
3. A 100% non-service connected disabled veteran getting the “pension as a greater benefit” gets
approximately $850 per month.
WHICH OF THE ABOVE HAS THE GREATER NEED FOR A FREE FISHING LICENSE AND FREE ACCESS TO
STATE AND FEDERAL PARKS AND RECREATION?
Number 3 above spends at least nine monthly checks for rent, utilities, car, telephone, and other necessities. This
leaves about two hundred dollars a month for food, gas, clothing, personal hygiene, laundry, over the counter
medication, and other miscellaneous expenses. The only way the budget can be met is by eating all the cheapest
food, not medically good for a person, and buying it from stores that sell food with expired pull dates. You sift out
the worms and everything the wiggles and crawls, and then you cook the rest and eat it. When you eat an
occasional worm it is normally well done and will do no medical harm. Game and fish would be a welcome and
healthy addition to the diet. As of the date of this writing veterans in need can ill afford such a luxury! Those with
partial disabilities are also, frequently, low income veterans whose situation is largely due to their service connected
disability. All veterans should receive a free or discounted hunting and fishing license.
Veterans with disabilities of 30% or more should get a free license while veterans with disabilities of 10% more Get
a hunting and fishing license at a 50% discount. Other veterans get a 20% discount on their hunting and fishing
license.
III. RAISE MEDICAL RETIREMENT AS A GREATER BENEFIT
1. The above facts about the “pension as a greater benefit” and the fact that the amount paid is over 30%
below the national poverty level speaks to the fact that the “pension” should be at least $1,400 per month. This is
as of this date in 2005.
Anything short of this amount shows our veterans zero respect and zero gratitude. It is a disgrace and dishonor to
the men and women who fought for this country with a willingness to sacrifice their lives. It is viewed as a control
method because low-income people do not have the financial means to travel to the VA and present their case,
produce expensive presentations, or hire an attorney.
2. Another item that makes life extremely difficult, for American Indian Veterans and other low-income veterans,
is the 11¢ per mile travel pay to go to the VA hospital with $6 taken out of the first three visits. People who can't
afford a fishing license can't afford $18 a month to visit the VA hospital three times a month. With today's gas prices
and the mpg older vehicles get each visit costs even more than what I have stated here. Most low income veterans
drive older vehicles.
3. The Graham-Rudman Act must be repealed. To save money Senators Graham and Rudman took money
from our poor veterans. Immediately following, they voted Congressman and Senators a raise. Instead of Honor
and thanks this gave our veterans another slap in the face!
4. In addition to the financial difficulties of getting to the VA hospital, our American Indian Veterans will not go to
the hospital and ask for help. The process is demeaning to the American Indian people. An outreach program,
staffed by American Indian Veterans and people who truly understand our needs, needs to be established. The
program can reach out to American Indian Veterans and educate them on the fact that they have earned and are
owed what they're asking for.
IV. AN INDEPENDENT INVESTIGATIVE AND JUDICIAL GROUP
A. Currently, the VA must frequently act as the judge and prosecutor. This creates a conflict of interest and
past wrongs being defended instead of straightened out. The veteran should have an attorney whose only duty is
to help the veteran get his/her due.
B. The veteran is not only disadvantaged in representation but also in time demands. The veteran must file a
NOD, “Notice of Disagreement” within one year of the mailing of a decision and the “substantive appeal” must be
filed within 60 days of the “Statement of the Case” from VA. The VA has no demands on VA for time performance.
This is used to further frustrate and confuse the veteran and his/her case. A Board could see to it that these VA
time demands were met. If VA has not decided a case in one year the case should be viewed as granted.
C. If there's in House problems or abuse, there is no means of safe, efficient, and fair for all rectification. The
investigative board for reviewing and correcting the problem must be separate in power or they can decide against
what is right and “bury the problem” the way things have gone in the past. Then perpetrators have discredited and
pushed out those trying to get what is right. When people fear reprisal they will not speak out nor help rectify and
repair past and/or current wrongs.
D. The same problem listed in B. above exists within the veteran service organizations like the DAV, VFW, and
others. I have numerous witnesses and mounds of irrefutable evidence here too.
V. WHAT IS “TOO FAR REMOVED” AND HOW TO FIX IT
A. The older veterans and American Indians
1. WWII, Korean War, Vietnam, American Indian, and other older Veterans were put in a position of being
discharged without proper medical attention and diagnosis of their medical problems. They were not trained and
skilled lawyers, they were not trained and skilled VA claims officers, THEY WERE DISABLED and most were and are
poor. Attorneys could not make over $10 representing a Veteran. Just try to get an attorney for $10. At the meeting
Jon Skelly said VA would pay back pay all the way to DOD. In the past, many of us were told VA only goes back to
the date of application. I think the 2006 court decision is the cause of the new practice, if it is actually being done
and not turned down. I can produce several witnesses here too.
a. They didn't have the money to get the required medical attention and diagnosis. They are told the injury was
not documents within a year of discharge and denied benefits.
b. The Veterans Administration of old would not perform the required medical examinations. Veterans should
not be punished because of this and saying that the condition was not documented within a year of service results
in punishment for the Veteran when VA did not do the job it was supposed to do.
c. Old methods of testing equipment could not and would not find the necessary results. Again the Veteran is
punished with the same kind of statement as “b” above.
d. No information was given to veterans in regard to the benefits they were eligible for. They are told they did
not apply within a year of discharge and are punished with denial or a reduction of benefits they should have
received.
e. Mixed with the aforementioned, there was an added problem in the fact that the “fiduciary duty of the VA”
was, and still is, actually adversarial. Veterans need attorney power from day one. Enemies of this nation get an
attorney. The VA uses QTC just like workman’s comp and insurance companies that want a doctor to give them
something they can use to deny the claim. This should stop and the “Primary Care Physicians and Treating
Physicians” should write the reports for ratings.
f. The VA of old would tell doctors what to write and claims were wrongfully turned down. The VA has been
using the QTC in the same way as insurance companies and workman’s comp companies have been using them to
find what is needed to turn down a claim. Principe was President of QTC, went to head of VA, and then went back
to QTC. (I have tape recordings and other irrefutable evidence to prove what I have just said.) I would rather
remodel the VA House than tear it down and have to build another. The primary care physician and other VA health
care doctors should be used and able to render rating decisions without interference or dictates from VA claims.
g. In one case a veteran was told it was all in his mind when he complained about back problems and gave him
30% for being crazy. Twenty plus years later a Doctor found and proved the back problem. VA said it was too long
since discharge and denied the back claim and then tried to take away the 30% for being craze because it was not
in his mind.
h. In my case, despite the fact that I have records showing my complaints and disagreement from DOD to
present day, VA has tried to say my evidence and issues are “too far removed” from DOD. There are many others.
I used to think that the aforementioned was due to laziness and other despicable problems. Since my meeting with
the veteran taskforce for Arizona, the VA director Patrick Chorpenning, and the assistant director Jon Skelly; I have
discovered that most of the past problems have been because the VA has had about 1/6th the number of service
workers they have needed to do the job and do it right. Under these conditions people try to take short cuts. When
they take short cuts they overlook important information and the veteran pays the price by being denied benefits
the veteran should get. I have always known that part of the problem has also been because of the way the laws
have been written, implemented, and funded. The above more that quadruples the costs of VA.
Without a diagnosis from military service doctors or a civilian doctor that is willing to say and prove that the injury is
directly linked to time in service, the VA decision is that the injury is not service connected; thus it is legally “too far
removed”.
2. Many of the Vietnam and American Indian Veterans got little to no help for a rehabilitation and reentry into
civilian life. They turned to self-medication with drugs and alcohol. They withdrew from the rest of civilization. Simple
“token demonstrations” and saying that the VA cares about these Veterans is viewed as nothing more than “trinkets
and beads”. A wise man once said, “What you do speaks so loudly that I cannot hear what you say”. If the VA gets
the service workers and budget required; then the VA gets old claims and Veterans properly taken care of;
everything will start to straighten out and come together. It will take a demonstration of true caring, sacrifice, and
hard work. If the VA continues to defend the VA of old, divisions will get worse. WHAT WILL HAPPEN TO OUR
COUNTRY WHEN SOLDIERS ARE NEEDED IN THE FUTURE?
B. Veterans with classified records
For Veteran's that have served the intelligence community, we need a separate Veteran's board for benefits,
records corrections, and appeals. It could also handle internal affairs and prevent record alterations performed as
retaliation or from other ulterior motives. This happened with me in regards to my records. Thanks to Senator
McCain I now have the evidence. The board needs to be able to tell the VA to grant a veteran benefits without
getting into classified information by divulging the reasons why. The veteran needs to be able to disclose classified
information to the board sufficient to prove and receive eligibility for benefits.
C. Future Veterans
1. Take care of all of the above.
2. Every veteran returning from conflict, and/or being discharged need to be told the following: “Your training
and experience has made you a soldier that won't wine because you don’t want to be called a winner, you won't talk
about problems affecting your life and ability to work because you don't want to be called a gold brick, and you
won't talk about your injuries because you don't want to be called a wimp. Now is the time to put all of that training
and experience aside. You must wine; tells us ALL your problems affecting your work, you personally, and your
relationships with others; tell us every injury you have or if he might have, and tell us about every injury you have
had or think you might have had. You must also tell us about everything you have been exposed to OR think you
have been exposed to. The next year or two is the most important time of the rest of your life. It's crucial for you and
your family to secure your future by means of full and total disclosure.
3. The VA should never guide a doctor in the performance of his duty to examine a veteran and write a report
for Veteran's benefits. I have tape recordings and witness sufficient to prove that this has been done in the past!
The witnesses include veterans and doctor's who were given such orders and threats that they would never work
for the VA again if they fail to co-operate.
4. Train people to interview and go through the entirety of the Veterans service. This should include his time
and activities on and off duty. By way of example, an automobile accident that happens to veteran stationed in
some state or country away from home is still the liability and responsibility of the Veterans Administration. Just
giving the veteran a pamphlet does not do the job. Most veterans wont read them and most pamphlets are too hard
to understand.
5. Help the veteran get buddy statements relating to any accidents and or possible exposure to anything that
might prove harmful in the future.
6. Make the Veterans Administration an organization that is fulfilling its “fiduciary” duty to the veteran and get
rid of budget politics and policies that make the entire process “adversarial”.
7. A minimum of two service officers should be assigned to each reservation and they should be American
Indian or descendants of American Indians who have knowledge of that tribe’s culture and history. Larger tribes
with more Veterans should have more service officers.
8. An organization like Personnel Records should NEVER give the Department of Veteran’s Affairs the original
files, like they do now, and should be charged with the duty of protecting ALL personnel and medical records in
behalf of the Veteran. Alternatively, another agency could be formed for this duty.
9. Soldiers go through eight weeks of basic training and eight weeks of advance training to become a soldier.
They are given about ten minutes to be told they are now a civilian again. Re-entry to civilian life should take at
least eight weeks of counseling and evaluation.
VI. TAX RELIEF
I went for tax relief once and was told I had to register my property at a certain time of the year so I didn’t get relief
that year and the next I think I missed the target. I don’t know if this has changed but it needs to be immediate upon
registration at any time of year.
VII. ENOUGH CASE WORKERS AND BUDGET FINANCES
When was at the Taskforce meeting and I found out about a very believable cause of many of the past problems
being not enough people and money I added this part revised.
CURRENTLY a claim file gets bounced from worker to worker. EVERYTIME a new worker picks up the file the
worker has to spend a possible number of hours going through the file to “READ AND COME UP TO SPEAD”. One
worker handling a file to conclusion and one review officer for review will save a lot of time and money. ENOUGH
PEOPLE AND MONEY IS A CRUCIAL AND AN INTEGRAL PART OF THIS EMPLIMINTATION.
VIII. CODE TALKERS
I was in Intelligence and speak with firsthand knowledge for what I'm going to tell you here. Our people were trained
for the potential of capture. The training consisted of, “Take as many of the enemy with you as you can but save
one bullet for yourself -capture is not an option. You can expire or retire. There are no options in between.”
Code talkers agreed to inter the service and fight our foreign enemies with the knowledge that the soldier assigned
to protect them was also ordered to shoot them and make sure there were dead. The model of the intelligence
community, at that time the Signal Corps, was “Better a dead soldier in the hands of the enemy done red soldier.”
If the above is not " going above and beyond the call of duty without regard to the risk of personal life and limb "
and deserving of the Medal of Honor, I don't know what is. Like me, these people went through hell on earth and
the hell continue to be a private hell for many years thereafter because they couldn't tell anyone and had no way to
share the burden or unload. This is why we need an intelligence section of the VA to help soldiers who participated
in classified actions!
IX. TERMINOLOGY DESCRIBING THE INDIGENOUS PEOPLE
When Columbus landed on American shores he thought he had reached India and called the people “Indians”.
When the mistake was discovered the terminology became “American Indians”. This was offensive so it was
changed to “Native American” which was accepted because our people were the only people truly Native to the
lands of North America. Programs were written to benefit the “Native American”. One of these programs is the
Direct Loan from Congress. The intent of this program was to help the American Indian Veterans buy homes.
Courts decided that anyone born in America is a “Native American”. The terminology should be “Native American”
for the indigenous people and "American Born" for settlers, emigrants, and their descendants. Everyone needs to
work together to get this corrected. A white, or any outside ethnic group person, born in the Hawaiian Islands is not
viewed as “Native Hawaiian” by the Samoans and the simple facts of the matter demonstrate the fact that they are
right. The same applies to all children who are born without the blood of the American “indigenous people” flowing
in their veins.
X. AN AMERICAN INDIAN VETERANS ORGANIZATION
All the information I've given in this document, and so much more, stands as testimony to the paramount need for
American Indian Veterans organization to be established by, and run by, American Indian Veterans in order to
service the needs of the indigenous people of America! The founding of this organization with the recognition and
empowerment by the American government is long overdue. Our people perished and continued to perish while
government representatives played politics with a bill that would do the job. What follows is the picture formed by
historical fact and can be applied to all veterans returning from service! Changing it is and “Idea that is overdue”,
so let’s get going!
XI. TRANSPORTATION FOR THE POOR, DISABLED, AND ELDERLY
1. Reservations and remote areas like the Williams field VA clinic services are in drastic need of a
transportation system that will service a large group that does not use the VA and suffers in silence!
2. Mobil emergency services are needed to take emergency care to remote areas, the poor, disabled, and
elderly and stabilize their condition so they can be transported to the VA Hospital.
XII STATE OF THE ART EQUIPMENT AND MEDICATION
Our Veterans gave “state of the art” bodies and service to our country. For decades the VA has been “saving
money” by using outdated equipment and medication. The new medications were developed to service areas of
previous failures and take care of newly discovered issues and areas. The same applies to the new equipment. Our
veterans have literally died because the VA refused to use the latest technology and equipment. The refusal was
due to costs. I have VA doctors willing to testify to this and the rest of my paper that I have prepared as requested.
XIII METHOD OF JOINING ISSUES
In the courts we have a “Motion for Joiner” that allows cases and issues to be joined together into one case and
heard at one time. The VA makes a decision that often overlooks issues, leaves them out, or fails to notify the
veteran of their existence and potential recovery of benefits. This drags things out with issues that have to be
appealed and finished; and then the new issues have to be started. The picture and justice would be drastically
and positively affected by this, attorney representation from day one, and time performance requirements being
placed on VA.
The VA has hearings to decide only one or two issues despite the fact that the veteran has applied for several.
This purposely strings out and confuses the whole process. It more than quadruples the work and frustration for
everyone. Twelve inches of documents become forty-eight inches of documents. What should be clear becomes a
thick fog no one can see through. Most deserving veterans give up. They know they have been shafted and their
families know they have been shafted. This does our country no good at all. It feeds the powder keg of Government
V. People
A veteran should be able to add issues to an appeal and cover why they were added instead of applied for up
front. The issues should be coverable and grantable so a veteran can go to court in a speedy and efficient manner
if the benefits are denied. Mine have been drug out over thirty-six years because of this and I am not the only one.
IV TOTAL DISCLOSURE
I just recently learned, in august of 2006, that VA and my other enemies have been putting false information in my
file and not disclosing it to me “because it might upset the veteran”. They are doing this to others too. This is
nothing short of Liable and Slander tactics to present a case that is greatly PREDJUDICED in favor of what VA
wants or does not want. Anything the veteran cannot see and does not know about cannot be answered or cleared
up. Such material should be completely and totally thrown out, declared “not mentionable” and disallowed.
The VA sent one of my previous attorneys material they claimed was the “whole case” and over 50% was missing
with bunches repeated as filler so that a mention of a file four feet high would look four feet high. Material they claim
they reviewed was not in the “whole file” despite the fact that it was in the VA “cited” material.
I am alleged to have done something to Col. Lewis L. Millet, my mentor and a man I love and respect. I would never
do anything to Col. Millet and I have tape-recorded conversations to prove he remembered me and I did nothing to
him. This kind of underhanded and deceptive practice must be put to an end!
Submitted by Noel T. Benoist D. D.
National Historian for National American Indian Veterans
Co founder for NAIV
Past National Director of Public Relations for NAIV
Co founder and resource person for AITVA
Past Judge Advocate for DAV Chapter 8
Past Chaplain for DAV in Redding Ca.
Past: NSA operative/analyst
 |
| |
 |
| |
 |
| |
 |
 |
 |
 |
 |
 |