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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
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From
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John J. McCarthy
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To
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Department of Veterans Affairs
Los Angeles Regional Office
11000 Wilshire Booulevard
Los Angeles, CA 90024
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and
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Bureau of Veterans Affairs (Appeal)
Washington, D.C. via FAX
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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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