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VA Correspondence Regarding PTSD Claim


Appeal of VA Denial Re PTSD Claim


January 25, 2006

VA Claim/File number: 228 54 4219

From

John J. McCarthy

To

Department of Veterans Affairs
Los Angeles Regional Office
11000 Wilshire Booulevard
Los Angeles, CA 90024 

and

Bureau of Veterans Affairs (Appeal)
Washington, D.C. via FAX

I wish to appeal the VA decision to deny my claim for PTSD.

Your letter dated March 10, 2005 states that my service connection for post traumatic stress disorder (PTSD) is denied.

In the REASONS FOR DECISION, paragraph four (4) is the following:

“A review of your submitted evidence was made but this evidence does not affirmatively link or associate the condition of post traumatic stress disorder (PTSD) with your military service.”

However, The US Federal District Court in Washington, DC, has ruled, on January 6, 2003, that my allegations of wrong doing filed against members of the United States Government, CIA, et al, is not admissible as evidence because these actions took place “incident to service” and therefore my $1.3 Billion Civil Action was dismissed, with prejudice and without comment. See File Number 00-685 (EGS)

Federal Court Judge Emmett Sullivan admonished me for submitting evidence of criminal acts because of the Feres Doctrine and I was directed in a letter from the court “not to refer to it again.”

Therefore, a further review of my claim for PTSD is requested and a determination made as to which authority, the VA or the U.S. Federal District Court in Washington, D.C., is the higher authority in the matter of whether or not my claim is service related/incident to service.

Respectfully submitted,

John J McCarthy
3628 Colonial Avenue
Los Angeles, CA 90066
310 397 1143


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