helping a retired vet.

[Buck52]

I have a few questions about helping a retired U.S. Army Veteran (Rank E-9)

In part of our phone conversation last night(I know I need to ask him more questions) and Last night I had him request his C-FILE  because his VSO never mention this  he didn't know what a C-FILE Was.

 he has a VSO but he don't like him because the VSO won't call or answer his questions and is slow about things.

Anyway

He retired in 1989  he just found out that when he went through his seperation exams  he was S.C. at 0 % for hearing loss, he took another hearing test recently at his VAMC and the audiologist  mention that he has some severe hearing loss and that he showed to be 0 % S.C. at his seperation exam! this veteran is 71 and never filed a claim.

Question if he files a claim for hearing loss  and if rated a %  say 10% 20% ect,,,ect,, can he request they go back when his hearing loss first occurred   being that he has  been S.C. for it?

and not the date he filed this claim?...because someone must have filed a claim back in 1989  for him to get S.C. AT 0%

Further more he was injured in Vietnam 1969 from harassment from VC incoming Mortar Rounds into his unit compound, Just as he dove in the bunker  his feet caught scraperal and injure his feet  the metal it went into the soles of his boots on into the skin and feet he never went to seek medical attention for this..so probably not any medical records...he suck it up and went on.

his feet has bothered him ever sense and just kept putting it off to seek medical attention for this   throughout the years

   He has had surgery about 4 years ago and they removed fragrantments from under his feet that has bothered him for years and he is claiming it was the injury from the Mortar Rounds 

I told him he can file a claim for that too but without medical records  he would be a little hard to prove but it can be done...After he gets his C-FILE then we can look into it and see if any thing like medical records are found that he may have completely forgot about.

he may have other contentions to deal with.

Any help or information for me to relay to this veteran will help  as he don't use computer

[Berta]

There are other copies here I am sure but this one was easiest to find:

The War Map is under my farm and can get bigger on your PC. 

The names are all in Vietnamese of the  Vils,Songs, Bongs etc....and maybe his unit had a nickname for where the mortar came in-that we could decifer ----

 

[broncovet]

I forget the name of the law firm..it may have been Carpenter or CCK...but they won a (perhaps) similar case where a Veteran "did not receive" his notice of appeal rights, and it thus "tolled" the one year appeal period.  

Now, the VA had apparently documented that the Vet did not receive appeal notice, that is, the VA had "no proof" that appeal rights were sent to the VEt.  

In this Vets case, this may be extra important because of 38 cfr 3.156 (b) new and material evidence for a pending claim.  You see, it the VA failed to notify the Veteran of his zero percent hearing loss rating, and of his appeal rights, the claim would be pending and he would be free to submit "new evidence" that could be used to get an increase back to the date of discharge.  Read 3.156 b.  

Edited March 13, 2018 by broncovet

[Berta]

That is an interesting take on this Broncovet-

We have a member  here who won at the BVA under the "presumption of regularity", as he was homeless and never received any appeal rights.

https://community.hadit.com/forums/topic/71490-appeal-for-the-heavyweights/

It looks to me that since " he got an appointment with the VAMC  and this is when the VA Audiologist notice he had been S.C. O% back 89" , so  maybe his discharge certificate and other SMRS are in the file VA already has.

His VSO might also be willing to give him copies of anything the VSO has in his POA file.

 

[broncovet]

Yes, Berta.  I think Vets need to know that when their rights are violated, by not receiving notice of appeal rights that it can toll the one year appeal period and result, sometimes, in huge retro payments.  This is ONE of the ways Vets can overcome claim finality.  THe claim isnt final  until the VA sends the Vet notice of his appeal rights.  

[Buck52]

Good points Ms berta & broncovet

I will ask him about that..he did mention to me  his VSO gets angry when he ask about things  he says the VSO raises his voice at him and says I'll handle this  you just do as I say...I told him to either check around for another VSO or even an experience VA Attorneys like HILL&Ponton, /Chris Atig/   & John Dorley from Minn

So for he claims he has some of his medical records , and I have no doubt we can get his  Rating for his Loss of Hearing/tinnitus as he mention that too.

This Injury to his feet is what I am working on, asking him his unit name and location and the date the event happen in RVN, if he can come up with those records Or any type record morning reports anything to place him there on the date of the event

This may be hard to do if he never seek medical attention, but since this has been years later I'll try to get him to get those medical records from when he had surgery on his feet and they removed mental fragments from under his feet  (both feet)  his surgery for his feet was done at a private Hospital...so he should have those records   he said he should be able to get those  & if he can get that surgeon to opine he read his medical records and '' it is likely as not'' that the mental fragments was from the Vietnam war maybe that will seal the deal? and ask the surgeon to give his credentials and experience in years. ect,,,ect,,,

Right now I ask him to request his C-FILE  rather or not he ask his VSO or not?   he needs to get his C-FILE and his STR'S in service records ASAP  I mention the sp 180 & the FOIA Form and how to request his Records from NRPC in St Louis,  he said his VSO never mention any of that. 

He said if he don't get an EED back to 1989 Thats fine with him  he just wants his injuries and the now loss of hearing to be compensated for his loss.

I said well were working on that and also working to make sure he is compensated fairly and for him to get what he deserves  and sometimes that means years of retro pay.

  I ask him you would take that  right? he said hell yes   lol 

I need to ask him if he recieved his rights to appeal? I don't think he recieve anything.?  he was surprised he was S.C. AT 0 % FOR HEARING LOSS AT HIS SEPERATION.

Edited March 13, 2018 by Buck52

[pwrslm]

You should also get him started on lay statements. Does he know any buddies from his unit that knew his feet were injured? How about family members (spouse, children, brothers/sisters etc.) that he may have told the story to over the years. Friends and neighbors, work buddies who knew the war stories also. 
Lay statements are evidence and is as valid as any other type of evidence. People forget that. If he came home from VN and told everyone what happened there and showed them his feet (or not), that is evidence that the VA must take into account.

Edited March 13, 2018 by pwrslm