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    • Sleep Apnea Claim
      Thank you. Ha....when I retired I had to stand in front of a copy machine and make my own copies. A disk would be great.
    • Reserve/End of contract
      Hello All, Need some suggestions, I served on Active Duty for 9 years and then joined the reserves before my contract ended. I have now been in the reserves for 4 years.
      I was artillery during my AD time and it was frowned upon to go to medical for anything, I smashed my hand between the garage door and the howitzer pushing it out and was told not to go to medical. Finally after a week, I went to an off base urgent care facility and found that I had fractured two bones in my hand and they put a half cast on my pink and ring fingers and going up my hand. Well I received a page 11 for not following an order, so that was my wake up call into the unit. Going forward I rarely went to medical and I have had many injuries since. I deployed in 06/07 and in 09 and after returning home my wife started saying I was choking in my sleep, so I went to my family doctor at the time outside Quantico (no longer a doctors office) and was prescribed a CPAP machine. I used it for about a year and some change and left the military to go back home. I began the lengthy process with filing a claim with the VA only to be denied. I am now currently in the reserves which is no better, I injured my back when I was in Iraq falling from a wrecker and at the time I was on 800 mg ibuprofen about 6 times a day. I did something to my back again in 2014 during a training exercise to the point I could not move, the unit has now been going back and forth with RMED since 2014 and still has yet to come back with approval. I have been going to the VA for appointments and having them take a look at my back since orthopedic/physical therapy through civilian care is killing my pockets. My military medical records are MIA and I never made copies. I have a copy of my original sleep study but it does not show the actual study it just gives the doctors narrative and what he prescribed at the time. I originally started going to the VA for counseling sessions for PTSD/in service stress but stopped due to the issue with service connection PTSD causing issues with security clearances and other issues and at the time I was serving on the police force in a local town. Is there anything I can do currently that will help with submitting my claim, should I get my current VA doctor to recommend anything, or should I find a good doctor on the outside of the VA? My back pain is probably the biggest factor and now is causing a lot of issues with my knees. I also have high blood pressure, I am still fighting with sleep issues. I have little documentation from doctors but do have a decent record with my chiropractor over the past 4 years since moving back home. Any suggestions will be greatly appreciated. Thanks
    • My husband died in motorcycle accident
      From what I can tell here, the retro DIC would go back to May 2010,the month he died in  and when the 21-534 was filed.
    • Back Pay?
      A Dickerson, I have never heard of VA calling to ask for your bank account number because that information is considered personal. I have heard of VA sending you a letter telling you they need you to confirm your account information and bank information, routing number, etc. These days you can't trust the person on the other end of a phone. Did they give you there service code number. It just sound like something VA wouldn't do with all this identity theft stuff going on. If you haven't already I would call the 800-827-1000 number and confirm someone did call you from VA. Call me paranoid  
    • My husband died in motorcycle accident
      page1006 This may help you? or Confuse the heck out of you, I'm sure MsBerta will know. Unless specifically provided otherwise in this chapter, the effective date of an award based on an original claim, a claim reopened after final adjudication, or a claim for increase, of compensation, dependency and indemnity compensation, or pension, shall be fixed in accordance with the facts found, but shall not be earlier than the date of receipt of application therefor. (b)(1) The effective date of an award of disability compensation to a veteran shall be the day following the date of the veteran’s discharge or release if application therefor is received within one year from such date of discharge or release. (2)(A) The effective date of an award of disability compensation to a veteran who submits an application therefor that sets forth an original claim that is fully-developed (as determined by the Secretary) as of the date of submittal shall be fixed in accordance with the facts found, but shall not be earlier than the date that is one year before the date of receipt of the application. (B) For purposes of this paragraph, an original claim is an initial claim filed by a veteran for disability compensation. (C) This paragraph shall take effect on the date that is one year after the date of the enactment of the Honoring America’s Veterans and Caring for Camp Lejeune Families Act of 2012 and shall not apply with respect to claims filed after the date that is three years after the date of the enactment of such Act. (3) The effective date of an award of increased compensation shall be the earliest date as of which it is ascertainable that an increase in disability had occurred, if application is received within one year from such date. (4)(A) The effective date of an award of disability pension to a veteran described in subparagraph (B) of this paragraph shall be the date of application or the date on which the veteran became permanently and totally disabled, if the veteran applies for a retroactive award within one year from such date, whichever is to the advantage of the veteran. (B) A veteran referred to in subparagraph (A) of this paragraph is a veteran who is permanently and totally disabled and who is prevented by a disability from applying for disability pension for a period of at least 30 days beginning on the date on which the veteran became permanently and totally disabled. (c) The effective date of an award of disability compensation by reason of section 1151 of this title shall be the date such injury or aggravation was suffered if an application therefor is received within one year from such date. (d) The effective date of an award of death compensation, dependency and indemnity compensation, or death pension for which application is received within one year from the date of death shall be the first day of the month in which the death occurred. (e)(1) Except as provided in paragraph (2) of this subsection, the effective date of an award of dependency and indemnity compensation to a child shall be the first day of the month in which the child’s entitlement arose if application therefor is received within one year from such date. (2) In the case of a child who is eighteen years of age or over and who immediately before becoming eighteen years of age was counted under section 1311(b) of this title in determining the amount of the dependency and indemnity compensation of a surviving spouse, the effective date of an award of dependency and indemnity compensation to such child shall be the date the child attains the age of eighteen years if application therefor is received within one year from such date. (f) An award of additional compensation on account of dependents based on the establishment of a disability rating in the percentage evaluation specified by law for the purpose shall be payable from the effective date of such rating; but only if proof of dependents is received within one year from the date of notification of such rating action. (g) Subject to the provisions of section 5101 of this title, where compensation, dependency and indemnity compensation, or pension is awarded or increased pursuant to any Act or administrative issue, the effective date of such award or increase shall be fixed in accordance with the facts found but shall not be earlier than the effective date of the Act or administrative issue. In no event shall such award or increase be retroactive for more than one year from the date of application therefor or the date of administrative determination of entitlement, whichever is earlier. (h) Where an award of pension has been deferred or pension has been awarded at a rate based on anticipated income for a year and the claimant later establishes that income for that year was at a rate warranting entitlement or increased entitlement, the effective date of such entitlement or increase shall be fixed in accordance with the facts found if satisfactory evidence is received before the expiration of the next calendar year. (i) Whenever any disallowed claim is reopened and thereafter allowed on the basis of new and material evidence resulting from the correction of the military records of the proper service department under section 1552 of title 10, or the change, correction, or modification of a discharge or dismissal under section 1553 of title 10, or from other corrective action by competent authority, the effective date of commencement of the benefits so awarded shall be the date on which an application was filed for correction of the military record or for the change, modification, or correction of a discharge or dismissal, as the case may be, or the date such disallowed claim was filed, whichever date is the later, but in no event shall such award of benefits be retroactive for more than one year from the date of reopening of such disallowed claim. This subsection shall not apply to any application or claim for Government life insurance benefits. (j) Where a report or a finding of death of any person in the active military, naval, or air service has been made by the Secretary concerned, the effective date of an award of death compensation, dependency and indemnity compensation, or death pension, as applicable, shall be the first day of the month fixed by that Secretary as the month of death in such report or finding, if application therefor is received within one year from the date such report or finding has been made; however, such benefits shall not be payable to any person for any period for which such person has received, or was entitled to receive, an allowance, allotment, or service pay of the deceased. (k) The effective date of the award of benefits to a surviving spouse or of an award or increase of benefits based on recognition of a child, upon annulment of a marriage shall be the date the judicial decree of annulment becomes final if a claim therefor is filed within one year from the date the judicial decree of annulment becomes final; in all other cases the effective date shall be the date the claim is filed. (l) The effective date of an award of benefits to a surviving spouse based upon a termination of a remarriage by death or divorce, or of an award or increase of benefits based on recognition of a child upon termination of the child’s marriage by death or divorce, shall be the date of death or the date the judicial decree or divorce becomes final, if an application therefor is received within one year from such termination. [(m) Repealed. Pub. L. 103–446, title XII, § 1201(i)(8), Nov. 2, 1994, 108 Stat. 4688.] (n) The effective date of the award of any benefit or any increase therein by reason of marriage or the birth or adoption of a child shall be the date of such event if proof of such event is received by the Secretary within one year from the date of the marriage, birth, or adoption. (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1226, § 3010; Pub. L. 87–674, § 3, Sept. 19, 1962, 76 Stat. 558; Pub. L. 87–825, § 1, Oct. 15, 1962, 76 Stat. 948; Pub. L. 91–376, § 7, Aug. 12, 1970, 84 Stat. 790; Pub. L. 91–584, § 13, Dec. 24, 1970, 84 Stat. 1578; Pub. L. 93–177, § 6(a), Dec. 6, 1973, 87 Stat. 696; Pub. L. 93–527, § 9(b), Dec. 21, 1974, 88 Stat. 1705; Pub. L. 94–71, title I, § 104, Aug. 5, 1975, 89 Stat. 396; Pub. L. 97–66, title II, § 204(b), Oct. 17, 1981, 95 Stat. 1029
    • C&P Exam Completed [Bad Vibe]
      Arng I'm already S/C for these conditions. I was being evaluated for an increase.   buck I've also heard the work up can be found on mhv shortly after. I will try this too. 
    • My husband died in motorcycle accident
      I'm only guessing but I would say the date your hubby filed his claim, DIC maybe different in this type case, but if you win out I think it would be the date he filed  but I'm not sure? Ms Berta will know. ..............Buck
    • My husband died in motorcycle accident
      I have one more question...if my son and I do receive any benefits would it be starting from the day my husband filled his claim, the day he passed or the day I filled? 
    • Sleep Apnea Claim
      Honestly, I am not sure.  I received a disc when I retired, so...I have not requested them from St Louis, I cannot say.  Many here have had experience with this, so I would wait for one of them to chime in.  Good luck!
    • Sleep Apnea Claim
      EODCMC,   Aug-Nov is the same timeframe they guesstimated me at also, so maybe before, maybe after, Who Knows!!!  Just hang tight and don't submit anymore information or your claim will revert back to an standard claim. 

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judymb711

Purple Heart For Ptsd

22 posts in this topic

Hi everyone. I am the daughter of a deceased WWI vet. I have been trying for 30 years to obtain the Purple Heart for injuries he sustained as a POW. I have been continually turned down because I cannot produce a doctors statement of injuries. Well, I don't think he was treated by a Nazi doctor. I have produced everything else, including witness statements, but no luck, in fact they told me not to bother to reapply. I thought I remembered reading that they had changed the criteria for awarding the medal to veterans with PTSD just this September, but I cannot find a definitive answer after 3 days of searching. I have a paper that states he was declared 30% disabled due to a "nervous condition" and I have a psychiatrist report that describes him post-war as being nervous, pacing, cannot be in a confined space, cannot ride in a car without driving himself, etc. Can anyone tell me if they did change the criteria to include PTSD for the Purple Heart or not?

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There are special rules for POW's. You should do some research on that. I don't think they give PH's for non-combat injuries. It is getting more and more confusing since they give PH's for TBI I believe.

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No Purple Heart for PTSD, not going to happen and I don't know why it keeps coming up. BTW I have PTSD & would never think about a Purple Heart for PTSD. TBI is the latest thing I remember for Purple Heart.

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Have you checked records similar to a DD-214? A DAV rep pointed out years ago that my deceased husband from Vietnam era had medals awarded, but not received. Could he have had awards before being a POW? I am guessing that you might mean WWII instead of WWI.

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Judymb

Welcome to Hadit and thank you for helping a Veteran. I do believe that our government does have spcial things for POW's.

Prisoner of War Medal

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the father may very well be a WW1 veteran my own father completed his Army service before WW1 even started he went into Mexico with Gen Pershing after Pancho Villa I have a younger brother also who was born in 1958 my oldest half brother was born in 1922 and is deceased my dad died in 1972 my grand father was in the Calif 4th Volunteers during the Civil War he did not get married until 1890 and then had 6 kids by 1900

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My Great Grand Father was one of many who fought on June 25, 1876 against the 7th Cavalry commanded by George Armstrong Custer.

Just saying... :wink:

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Oh lordy, yes it should have read WWII and I've been trying to procure the Purple Heart for him for 40 years not 30. I did get the POW medal. I understand the controversy about the Purple Heart and PTSD. I think I can prove PTSD and I keep thinking that I read just recently where they had also added PTSD I will take evandc's word for it because that is the straightest answer I have gotten .But again, they turn me down every time because I can't produce proof that he was examined. The Purple Heart criteria specifically recognizes an injury from bail-out, as which was the case with my father. I have a statement from his navigator who witnessed it. But I'm certain he wasn't examined by a doctor at the scene when the Home Guard picked him up and turned him over to the Nazi's, or by a Nazi doctor at the stalag. I think it ridiculous to keep telling me I have to produce a medical record when there is no possible way there would be one. Here is the thing about the special rules for POWs. If they were abused by their captors, they are eligible and I could probably get by with a witness statement. I do know that he was beaten during initial interrogation, but the witness statement I have is not for that, it is for the bail-out injury. Sorry about the WWI thing. I guess I've been researching too long!

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Hi everyone. I am the daughter of a deceased WWI vet.

I have been trying for 30 years to obtain the Purple Heart for injuries he sustained as a POW.

I have been continually turned down because I cannot produce a doctors statement of injuries.

Well, I don't think he was treated by a Nazi doctor. I have produced everything else, including witness statements, but no luck,

in fact they told me not to bother to reapply.

I thought I remembered reading that they had changed the criteria for awarding the medal to veterans with PTSD just this September,

but I cannot find a definitive answer after 3 days of searching.

I have a paper that states he was declared 30% disabled due to a "nervous condition" and I have a psychiatrist report

that describes him post-war as being nervous, pacing, cannot be in a confined space, cannot ride in a car without driving himself, etc.

Can anyone tell me if they did change the criteria to include PTSD for the Purple Heart or not?

judy - the way I am understanding your post above, is that you are trying to get a purple heart awarded to

you dad posthumously - due to injuries he received while being a POW - is this correct ?

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Here's a link from the DAV website regarding the Army's change of policy for awarding a Purple Heart for TBI (concussive injury). Not sure why one branch of the service should be any different than others. A change in policy like this (if enacted) should be across the board, not just for army vets...Can you tell I was prior Marine Corps?!:biggrin:

http://www.dav.org/news/NewsArticle.aspx?ID=461

Also...Check out the Military Order of the Purple Heart's website...all requirements are STRICTLY ENFORCED.

http://www.purpleheart.org/Default.aspx

LC

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A change in policy like this (if enacted) should be across the board, not just for army vets...

Can you tell I was prior Marine Corps?!:biggrin:

LC

LC,

Poor guy - - had to be a jarhead.

Just that alone . . .

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should warrant SC for major depression : -)

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LC,

Poor guy - - had to be a jarhead.

Just that alone . . .

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should warrant SC for major depression : -)

Carlie,

You might have something there! Ha-ha-ha...yuk, yuk, yuk :smile:

LC

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judy - the way I am understanding your post above, is that you are trying to get a purple heart awarded to

you dad posthumously - due to injuries he received while being a POW - is this correct ?

He died at the age of 49 in 1970. I have been trying to get the medal posthumously for him since then. I knew of injuries during capture and while a POW, but I don't have a witness statement to those. I was told about it when I met his co-pilot several years ago and was not smart enough to have him write it down for me. However, he was injured during the parachute landing and I do have an eye-witness account from his navigator. But they deny the medal because I do not have a statement that he was medically treated. I think common sense would tell anyone that he wasn't treated and if he was, there wouldn't be any record. Now if he was injured while a POW, the rules say I would only need an eye-witness statement. He was immediately captured when he was cut out of a tree. To me, I think this should all be taken under consideration, considering injuries upon bail-out are considered eligible and injuries while a POW are eligible with an eye-witness statement and no medical statement. I feel they are leaving me in the space between the time he was injured when he hit the tree and the time they cut him down, which was minutes.

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should warrant SC for major depression : -)

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Judy, Are you sure you have all of his military records? His DD214 discharge papers too? When hurt is there any indication or written anywhere where he was bleeding? Parachuted and landed in a tree, you write, did he injure any part of his body that resulted in a bloody wound? Did a medic person ever treat him? Re request his records from the St Louis address, it was Page Ave but they just built a new one, and I haven't got the address here with me now...am about 145 miles from home. Perhaps another could give you the new address. Also you can request his medals from another address too. Keep searching, but written documents, especially from back then, would most likely be your best bet. They did not then nor now give Purple Hearts for PTSD, Shell Shock, Soldiers Heart, they called it many things but essentially refer to mental/psychological traumas/injuries, disabilities.

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Judy, Are you sure you have all of his military records? His DD214 discharge papers too? When hurt is there any indication or written anywhere where he was bleeding? Parachuted and landed in a tree, you write, did he injure any part of his body that resulted in a bloody wound? Did a medic person ever treat him? Re request his records from the St Louis address, it was Page Ave but they just built a new one, and I haven't got the address here with me now...am about 145 miles from home. Perhaps another could give you the new address. Also you can request his medals from another address too. Keep searching, but written documents, especially from back then, would most likely be your best bet. They did not then nor now give Purple Hearts for PTSD, Shell Shock, Soldiers Heart, they called it many things but essentially refer to mental/psychological traumas/injuries, disabilities.

halos2, I have every record there is. I have his medical records before he went overseas,, and I have a psychiatrist report from when he returned because his employer made him go to VA because he was nervous and pacing all the time. Those papers say that he had never been to a physician since he had been repatriated. My eye-witness statement says he suffered a blow to the head and injured his shoulders when his parachute hit a tree. You don't have to have bleed to receive the Purple Heart, and an injury is an injury as long as it is due to the enemy no matter how serious it is. There were no medical personnel in the field full of the enemy...this is the point I try to make clear when I apply. The recipient is supposed to have been treated by medical personnel at the scene. Common sense tells you if you land in a field in enemy territory, and they are waiting there to take you prisoner, the Red Cross isn't going ot have a first aid station set up for you to get examined for your injuries. It's so upsetting...he suffered that injury, he was hit in the back with a shovel by the Home Guard, he was beaten when interrogated, he was made to march from one stalag to another in sub-zero temperatures, and he was almost starved to death, came home with a "nervous condition" for which they deemed him 30% disabled, and then he dies a young man at the age of 49. He really lost his life as it was once he was taken prisoner. I just can't believe they deny him the Purple Heart for all he went through, especially when I can get so close to the hard proof...but cannot produce a medical statement because no Nazi captor happened to give him medical assistance and then make a record of it and send it back with him. Sorry to sound so frustrated but I am, and as I said, this is something I have been working on for 40 years.

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Judy,

I'm sure your Congressperson and/or Senator would love to hear your story. I believe that is where you need to take it, and I would think the head and shoulder injury would be enough. JMHO Hope you are from Kentucky or Texas :biggrin:.

Papa

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Judy,

I'm sure your Congressperson and/or Senator would love to hear your story. I believe that is where you need to take it, and I would think the head and shoulder injury would be enough. JMHO Hope you are from Kentucky or Texas :biggrin:.

Papa

Papa, I am from Kentucky. I have had 2 congressmen work on my behalf. No go. I am reapplying, and how I am going about it this time is to take the rule that a prisoner of war injured during capture is eligible without a medical statement...the statement of a cellmate is all that is needed in that instance. Since he was captured immediately after his parachute landed, I think that you could say his injury happened during capture. Injury during a parachute landing is specifically addressed in the rules of eligibility and I have the eyewitness statement . I also remind them that the rules also state "Commanders must also take into consideration the circumstances surrounding the injury." We will see. I don't think I can take another denial. I promised my mother I would get this, and she died in 2009, and I am losing my eyesight and I want to see them pin that medal on his tunic. I am applying to HRC this time, hoping they might use more common sense.

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If your own government does it to you like Agent Orange, or friendly fire in a war zone you get no medals. You don't even get an apology. If you are lucky you get compensation.

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From Harlan County, but live in San Antonio, Texas. If, these two Congress people would not help, I hope they are no longer in office. I would check with your two Senators. Do not give up. Have you requested or researched the National Archives web-site?

Papa

Papa, I am from Kentucky. I have had 2 congressmen work on my behalf. No go. I am reapplying, and how I am going about it this time is to take the rule that a prisoner of war injured during capture is eligible without a medical statement...the statement of a cellmate is all that is needed in that instance. Since he was captured immediately after his parachute landed, I think that you could say his injury happened during capture. Injury during a parachute landing is specifically addressed in the rules of eligibility and I have the eyewitness statement . I also remind them that the rules also state "Commanders must also take into consideration the circumstances surrounding the injury." We will see. I don't think I can take another denial. I promised my mother I would get this, and she died in 2009, and I am losing my eyesight and I want to see them pin that medal on his tunic. I am applying to HRC this time, hoping they might use more common sense.

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From Harlan County, but live in San Antonio, Texas. If, these two Congress people would not help, I hope they are no longer in office. I would check with your two Senators. Do not give up. Have you requested or researched the National Archives web-site?

Papa

Harlan County. Do you watch "Justified"?

The Purple Heart is the only medal that cannot be recommended, eligibility (meeting all the criteria) is the only thing that can do it. I have gotten everything from the National Archives. I have gotten everything there is to get. I even have the microfishe from the German records.

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Yes, I watch Justified, good show.

Papa

Harlan County. Do you watch "Justified"?

The Purple Heart is the only medal that cannot be recommended, eligibility (meeting all the criteria) is the only thing that can do it. I have gotten everything from the National Archives. I have gotten everything there is to get. I even have the microfishe from the German records.

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