All Togeather?

[mymissie]

Well,I wrote to you about my Brother before. What the VA give him was a Pension,not comp. at all.They gave him 10% for hearing loss,but had to give him hearing aids,so that he could hear his Doctors told him. But he cannot get both,so they give him Pension w A@A, $596.an he gets SSD. He is completly Blind in one eye,because of the Doctors refusing to send him to Houston,instead they continued to put tons of drops in his eyes,causing his eye to turm soft-very painful. When they did allow him to go to Houston,the Doctor over there told him that they(DRS.) should have sent him to see her from the begaining! All she could do,was operate an cut in back of His eye to release the pressure caused by the Glocoma-thereby ending all sight in his eye. In the other eye,he has loss of most of his sight. He had to go to a local eye specialist,to get some glasses.( VA told him that there was No opening)for him to get glasses. THEY KNOW that they SCREWED UP BAD.

So I filed a NOD on his CLAIM,sent a statement from the GI who was there,when he had his first Heart problem,signed,@ Seal all proper. He had not seen my Brother,or have any idea where he was. Said in letter,that he though they they had Discharged my brother,medical. My brother had not understood that he was having trouble with his heart then or for 15-20 years latter. He stayed in the Army 9 years. Also letter from his wife,copies of the Armys) refusal to let him re-enlist becauce of his hearing Loss,as he could not do his job.

He recieved 0% disability-at that time,an never appealed it at that time.They also said that because he was In light Wepons Infantry. His Service show that he was in the Armord Calvary,while in Germany and stateside.So he got 0 for Tinnutis.

They also say that they have no proof of him being treated for frostbit while in Germany,thou we tried to get them,but unable.

#11 of the Decision states.( Entitlement to special monthly compensation based on aid and attendance/housebound is denied. ( Under your Entitlement Amount and Payment Start Date) Monthly Entitlement $596.00 for Pension granted with A@A/with one dependent.

Now what to do?

Do I file an 1151 claim(eye) loss of? and TORT at the same time? He has lung cancer,as I stated earlier,so he is worried about his wife,if he should die soon. I NEED HELP!!! Can I do this by Myself,with your help. He does not want a Lawyer! Tell you the truth,I am scared that I might screw up the works.

They also (forgot) to tell him,from 1992,that he even had Glaucoma. I found it in his his C-File.Getting all his records,last one is the one from Houston.

Edited March 24, 2006 by mymissie

[Guest Berta]

If you have copies of all of his VA medical records, he can file a Section 1151 claim-

It is just a letter (no form) to the VA and he needs to state that this is a claim under Section 1151, 38 USC and that he believes his medical records will reveal that he did not receive medical treatment from VA comparable to that as found within the standard medical community and he has suffered additional disability due to these medical errors.State the situation about his vision problems.

Get documentation of this if you can from that doctor:

"When they did allow him to go to Houston,the Doctor over there told him that they(DRS.) should have sent him to see her from the begaining"

If this was a VA doctor they might not want to document this- if so the discharge certifcate and notes re this:

"All she could do,was operate an cut in back of His eye to release the pressure caused by the Glocoma-thereby ending all sight in his eye. In the other eye,he has loss of most of his sight. He had " etc

a copy of those documents could reveal enough to VA to know something went wrong.

Also mention this:

"They also (forgot) to tell him,from 1992,that he even had Glaucoma"

yeah been there done that- if they 'forget' to tell a vet they have a significant condition tha is malpractice.

Is he diabetic?

Sounds like he got a good buddy statement on the heart claim-

do you have his SMRS?

Light weapons infantry-VA said that doesn't cause earring loss-

Like hell it doesn't - they are talking about recoilless and Dragoons, etc

read this and copy it for your NOD rebuttal-

and make the point that- during the period he served it is more likely than not that he never had ear plugs or proper protection issued.

http://www.globalsecurity.org/military/sys.../recoilless.htm

Those dragons were LOUD -take note of the point this article makes about laws,dragons, and tows---

hearing affects were worse when they involved urban warfare ( I forget how they put it)

point is the sound of artillery is worse if not in cover or say- in a field etc- then when it is used within or to take down a building.In combat it can be defeaning but depends on the variables-

you dont have to be in combat to get hearing loss from mil weapons.

People hunt deer on my land- sometimes I never hear their guns go off.(mossbergs and guns like that)

My former neighbor (an idiot) tried to shoot a rat in his house with a shotgun-

he not only took out his microwave ,electric phone, PC, and a TV but we all thought there had been an explosion many miles away. This supports the point in that article about hearing loss and artillery.

Dont let VA get away with the hearing loss denial- has he had a Audio C & P yet?

The A & A - did they deny as SC but properly grant as NSC?

If so that part might be OK.

The FTCA tort-there is a Statute of Limits-when did he find out they messed him up medically?

Berta

Edited March 24, 2006 by Berta