KIA Vietnam vet denied Purple Heart, need help

[miatabrg91]

Please google "CPL James D. Davis" on Facebook for several articles concerning a 46 year remembrance many members of his unit had for him. Four fellow brothers were kia'd and denied purple hearts under the friendly fire rule. The family thought the medal was missing all these years. I have no idea how to go about correcting this wrong for James, his family and his fellow soldiers families. Any help is greatly appreciated.

 

Thank You,

Creig Anderson

[allansc2005]

My my what a coincidence Berta, I'm considering finishing my Masters with AMU!

On another note, after reading your CUE sample letter some months back, and using that letter to WIN my CUE, along with IU, I knew that:

1. Once I receive that "official" big white envelope, I will post the decision here.

2. I will pass your CUE letter example on to other veterans, and let them know they CAN win their case(s), and I'm an example.

This is what we veterans, dependents... need to do, help our fellow veterans sift through the complicated, and often political humdrum system called the DVA.

Then, of course, you have the FEW veterans, dependents..out there that no matter how much data, how much information you throw at them, they just don't, or wont get it. Those are the "types" that I show them where to find what they need, and tell them 'See you at the movies'

 

Allan

2-2-0 HUAH!

[Berta]

AMU too? Good for you Allan!!!!!!! 

And I realized that the vet you are helping find his records ,must have already used the NARA route I suggested....I don't know what else he could do.......

Yes you are right about "see you at the movies?"... I helped a few like that until I realized my help went no where at all and I could have spent my time better  helping some other vet here instead.

I hope no one here gets offended at any legit  gripes from us advocates. This work is not easy and often very time consuming. Our experiences as hardcore claimants was miserable for many of us, but gave us a lot of expertise.

I still think hadit should be the training program for RO raters....and even vet reps

And maybe they all should have copies of "Reading for Dummys"-

My former local vet rep dope called me up to help him many years ago ...he was very worried...he had just told a vet that the VA awarded him 100% SC but the reality was it was a NSC pension award and the vet worked,so very little $$$ there...if any.... He did not read the award info correctly.

Then he tried to get me to see if the vet had a basis for a PTSD claim.

The vet had a personality disorder documented throughout his records ( I interviewed the vet personally) with one possibility I saw of an actual SC disability in his SMRs....but no way I could turn a PD into PTSD...He had no stressors at all. ..unlike many PD vets who were improperly diagnosed by the VA, just to save PTSD cash....I dont know if the rep followed up on the possible HBP or heart problem I saw in the SMRs.He was too busy screwing up my claim. No more POAs for me.

 

Edited April 26, 2017 by Berta
editing to add something

[allansc2005]

Berta, the feeling I get from a few reps I have talked to, I get the feeling that they hate social media such as hadit.com, vawatchdog.org...

Speaking of reps, my rep can't stand the Ebenefits portal, and I must agree with him, mine is seriously outdated. Yes, I asked for a "work order", nothing yet.

 

I do agree however that RO raters should be required to visit sites like this, and if anything else, they could learn from the success stories of the vets and dependents, and apply those "methods" to their way of doing business.

Realistically though, I think that the *VA as a whole is so arrogant that they don't think they need any "outside" influences to help them with their job(s).

Allan

2-2-0 HUAH!

*Not all VA employees.

 

 

[miatabrg91]

Hi Berta,

 

Thank You so much for what you do!!! My wife Cayla (Jim's oldest sister) has filed for his paperwork. Sadly their mother Rosella passed away a year ago. She would of loved the remembrance ceremony his unit had for him. Of the 6 boy's 5 served honorably in the U.S. Army.

I apologize for not replying until now, sometimes life gets in the way. I know it will take some time, but, it is a labor of love. I filled for an increase in my SC disability in 97, it took 7 years. I would of never received it without this site (can't find my long in info from back then).

I was told by the DAV my records were burnt in the fire. Someone on this site told me to go to St. Louis (right down the road) and check, needless to say, my records were their and I was finally compensate

Thanks,    Creig

[Berta]

GEEZ!!!!! your comp claim took 7 YEARS??????

"I was told by the DAV my records were burnt in the fire. Someone on this site told me to go to St. Louis (right down the road) and check, needless to say, my records were their and I was finally compensate."

That happened to a few vets here and 2 who I know,locally,  and one of them (who had the same dope Vet Rep I did- and who asked me to help him because the rep already buggered his claim)showed me his DD214 or maybe some other thing from his service (with his date of birth on it.)

He was born AFTER the St Louis Fire!  In his case, neither the Vet Rep nor the VA caught that.

Has St Louis been of any help at all with the PH veteran?

Does your sister  have his complete SMRs and 201 File?

It is always possible the DD 214 is wrong-maybe not as to the lack of the PH .....but then again, there might have been other awards he never got but should have received.

Thank you for thanking me but I sure need to thank you too for your service and pursuit of this situation.

About 20 lawyers here in NY told me I could never win a wrongful death case against the VA.

And they were wrong. I did. The VA tried to refuse to re open my DMII AO death claim. They were wrong too with some legalize that was bull crap.

I could list countless incidents in my life regarding VA, A SSA lawyer, and even when I helped my husband file discrimination complaints with DOL  against the big P & E outfit here...regarding hiring problems that were covered by the VEVRA act  of 1974, and the Vocational Rehab Act of 1974.

All of above were wrong.I waited on the PO steps the day the ADA became law, mailed in my legal work and the evidence I had gotten for my husband, and in a few months the ADA lawyer called me up to tell me he had won his case, the first win in NY under ADA EEOC-discrimination against a disabled Vietnam vet, and was surprised the DOL did not take action against the company.The evidence they had from me was overwhelming so they probably tried to screw other DOL vet complainants.The P & E company had to pay him a settlement.

So, my point is, no one should EVER give up , even when others tell them there are wrong.

Piss on Negativity!

 

 

Edited April 28, 2017 by Berta

[miatabrg91]

The only paperwork we have now is a report of casualty, DD form 1300. It states "He was at a night defensive position when artillery rounds by a friendly force landed in the area".

Is a death certificate still required or will the DD 1300 be sufficient?  We haven't talked to them yet, waiting for his file. Also talking to some members of his unit. Not ascertained if the PH was applied for then or denied.

THANKS!!