Hi Jim,

My name is Bill Bachstet. I am a Vietnam Veteran, in country 1966,1967 and 1968. (Name published with veterans consent)

I'm writing this email to you after reading the article about veteran Matthew Ford from the linked article in the Lehigh Valley Newspaper.
Veteran Ford it states has been waiting 3 years for a decision on his claim. Veteran Ford is not alone!

March 11, 2013 marks the 3rd year that I too, along with my VA advocate, have been waiting for a decision on my claim.

The VA originally rated me at 30% PTSD but denied my claim of exposure to asbestos which gave me the pulmonary condition of  rounded atelectasis (a condition similar to asbestosis), a calcification of the lungs. After notifying the VA with my NOD on March 11, 2010, and sending them documentation from the commander of the base to support my claim they rescheduled me for a second pulmonary examination...14 months later!! Only by chance did I happen to call the VA pulmonary diagnostic center, talked to a desk jockey who was kind enough (and amazed) to change and reschedule the appointment to August of 2010 (I hope he still has his job!).

After waiting a "VA normal waiting period" of 1 year plus one month, my advocate and I, both sent Certified Return Receipts request for a diagnostic report and a decision on the results. No response...twice.

As a result, I filed for a writ of mandamus with the Court of Appeals for Veterans.

On the day they were required by law to respond to the Court or be held in contempt, their response was that they had been in contact with me, and that ANOTHER 3rd pulmonary test was needed because the previous two were conflicting. But here is how devious, dishonest and misleading the VA was in complying with the writ. The VA had contacted me about a third pulmonary exam...THE DAY BEFORE THEY WERE REQUIRED TO ANSWER BY LAW MY WRIT OF MANDAMUS!!!

Is the VA and my VA Regional Office really devious, dishonest and misleading or are they lazy, complacient and uncaring? Or as I expect, as the facts show, all of the above, and only moved to acknowledge that I exist when pushed by a writ from the Court of Appeals for Veterans. And, I suspect the only time my massive file of facts and examinations gets dusted off from someones desk.

On March 21, 2013 the NBC Nightly New with Brian Williams, the leading story was "A National Disgrace". In the report, Jim Micklaszewki, Pentagon reporter, reported that ".....the average wait is 273 days, and in major cities like New York it sky rockets to nearly 2 years."
Clearly reporter Micklaszewki must have been using VA statistics as my mid-sized city cannot be considered a major city on par with New York, and two, my wait of over 3 years for a decision from my VA Regional Office takes 33% longer than it takes to come to a decision from New York.

Clearly the VA is backlogged with claims, and some delay should be expected. However, when a delay such as my claim exceeds 3 years and exceeds the average delay by over a year, something is terribly amiss.

(Signed)

William (Bill) Bachstet

Reply:

You're correct Bill. The system is badly broken. VA doesn't appear to feel like the laws of the land apply to them. Issues of timeliness and thorough documentation are for veterans to abide by, not the VA.

I wish I had answers. I don't. The best we can do today is to file our claims, anticipate unwarranted denials and then appeal.

And wait. And then, wait some more.