The Court is also not persuaded by the government’s argument that Mr. Hassay’s claim for disability retirement accrued when he was discharged because at that point he had “sufficient actual or constructive notice of his disability, and hence, of his entitlement to disability retirement pay.” Chambers, 417 F.3d at 1226 (citing Real v. United States, 906 F.2d 1557, 1562 (Fed. Cir. 1990)); see Def.’s Mot. at 7–10. As the court of appeals has explained, this exception to the first competent board rule applies where a service member “knew [at the time of discharge] that he was entitled to disability retirement due to a permanent disability that was not a result of his intentional misconduct and was service-connected.” Chambers, 417 F.3d at 1226.
---------------------------
They admit they never informed you of nothing, no treatment, no care, no medical clearance for duty, no information to go on, no leadership connecting the dots for you to your stressors of duty they gave you.
Then they question why you waited so long to come ask for help, But when you do, they deny and fight you at the VA like a dog, and then when you ask the branch you served at the board of corrections they also treat you like crap and deny any support. They say well if support was supposed to be rendered, it would have have been rendered, because presumption of regularity, presumes that military doctors never make a mistake, as they are perfect.
So why then have a board of corrections that fixes errors and injustice? Why have a court that also can fix injustice and errors, and tell you, that you were given no knowledge, as to your own disability caused by military's service, and the protections and benefits afforded you?
I mean no wonder I am called crazy. I can't make it make sense. Thanks
How do you have any knowledge of anything surrounding disability, if the military doctor? Leadership? United States? does not care for or inform the injured military kid. It is completely 100% embarrassing.
Do they think I was a doctor, and could self diagnose, and treat and care and understand things, around military occupation injury? I was not educated on when I was 18 when I joined and 22 when I tried to transfer to the Army to get out of a hellish Navy situation the navy was actively getting rid of, or shutting down, these NRF FFG's undermanned active duty combat ships employing a kid, like part time day labor from the back of Home Depot, the be used abused and forgotten like trash, to get a Fkn Sea Service Ribbon, but never get a dd 214, and call it "TRAINING" from the reserve center at 18 years of age? The Navy and the court can't find another resume like this. This has never been called training part timing a kid on an active duty combat ship for years, until he a complete mess and attempts a transfer to another branch.
-------------------------------------
BVA TRANSCRIPT
Marjorie Auer, Judge
“Well, Mr. Hassay has a unique file. I have to
say, he was a Reservist, but he did do time while he was a Reservist on a ship, but after
thoroughly -- I couldn't find a DD214 but he has a certificate of some sort it looks like of service”
-----------------------
These reserve enlistments are traps and are made with these clauses that you are not even informed of when you sign it. They promise you college on a reserve GI Bill, SO you are going to college, but they assign you to a ship at the same time? I mean when has this ever ever happened and it is called NAVY TRAINING?
A Federal Judge at the BVA instantly saw a UNIQUE FILE, and not in a good way, but the board of corrections, and then the Court of Federal Claims? What do they see???????
Have some dignity and pride. Pretend like you care.
Is this the precedence you like to set???????? injure a kid, put him In the street with a honorable discharge, completely confused and not aware the connection to what he was given as a assignment starting at 18??????
This must be such an obvious fk up. It would be akin to saying it was training to have a pilot learn to fly right into a wall, and then the board of corrections, or the court does not see any problem, and denies any care or responsibility.
They who wrote this. would never themselves dare sign up that young and be that blind and that uneducated, and call it justice, to miss out on care, TRICARE, and then be denied it, and benefits when you finally become aware of how it was all caused by the military service.
I just want a restart to life, Get the benefits deserved. Buy a home, Continue to do therapy. Help others. But I can not believe this is the society and the people I served that would say such thins in court, and not acknowledge I literally lost all dreams, I started with when I joined home, happy mom, wife, kids etc.
Getting destroyed and then put int he street without support will sort of alter these
WOW
----------------------------------------------
---------------------------
They admit they never informed you of nothing, no treatment, no care, no medical clearance for duty, no information to go on, no leadership connecting the dots for you to your stressors of duty they gave you.
Then they question why you waited so long to come ask for help, But when you do, they deny and fight you at the VA like a dog, and then when you ask the branch you served at the board of corrections they also treat you like crap and deny any support. They say well if support was supposed to be rendered, it would have have been rendered, because presumption of regularity, presumes that military doctors never make a mistake, as they are perfect.
So why then have a board of corrections that fixes errors and injustice? Why have a court that also can fix injustice and errors, and tell you, that you were given no knowledge, as to your own disability caused by military's service, and the protections and benefits afforded you?
I mean no wonder I am called crazy. I can't make it make sense. Thanks
How do you have any knowledge of anything surrounding disability, if the military doctor? Leadership? United States? does not care for or inform the injured military kid. It is completely 100% embarrassing.
Do they think I was a doctor, and could self diagnose, and treat and care and understand things, around military occupation injury? I was not educated on when I was 18 when I joined and 22 when I tried to transfer to the Army to get out of a hellish Navy situation the navy was actively getting rid of, or shutting down, these NRF FFG's undermanned active duty combat ships employing a kid, like part time day labor from the back of Home Depot, the be used abused and forgotten like trash, to get a Fkn Sea Service Ribbon, but never get a dd 214, and call it "TRAINING" from the reserve center at 18 years of age? The Navy and the court can't find another resume like this. This has never been called training part timing a kid on an active duty combat ship for years, until he a complete mess and attempts a transfer to another branch.
-------------------------------------
BVA TRANSCRIPT
Marjorie Auer, Judge
“Well, Mr. Hassay has a unique file. I have to
say, he was a Reservist, but he did do time while he was a Reservist on a ship, but after
thoroughly -- I couldn't find a DD214 but he has a certificate of some sort it looks like of service”
-----------------------
These reserve enlistments are traps and are made with these clauses that you are not even informed of when you sign it. They promise you college on a reserve GI Bill, SO you are going to college, but they assign you to a ship at the same time? I mean when has this ever ever happened and it is called NAVY TRAINING?
A Federal Judge at the BVA instantly saw a UNIQUE FILE, and not in a good way, but the board of corrections, and then the Court of Federal Claims? What do they see???????
Have some dignity and pride. Pretend like you care.
Is this the precedence you like to set???????? injure a kid, put him In the street with a honorable discharge, completely confused and not aware the connection to what he was given as a assignment starting at 18??????
This must be such an obvious fk up. It would be akin to saying it was training to have a pilot learn to fly right into a wall, and then the board of corrections, or the court does not see any problem, and denies any care or responsibility.
They who wrote this. would never themselves dare sign up that young and be that blind and that uneducated, and call it justice, to miss out on care, TRICARE, and then be denied it, and benefits when you finally become aware of how it was all caused by the military service.
I just want a restart to life, Get the benefits deserved. Buy a home, Continue to do therapy. Help others. But I can not believe this is the society and the people I served that would say such thins in court, and not acknowledge I literally lost all dreams, I started with when I joined home, happy mom, wife, kids etc.
Getting destroyed and then put int he street without support will sort of alter these
WOW
----------------------------------------------
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