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Spanky

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Everything posted by Spanky

  1. My husband has 2 NODs at the Chicago VA and the last response from IRIS on Aug 26, 2009 was "Your appeals submitted January 25, 2008 and March 14, 2008 are pending review. A Decision Review Officer (DRO) was elected on September 8, 2008. We are unable to provide you with a timeline when they will review your file as we do not know their caseload..... He is still waiting.
  2. Rentalguy in the criteria of the purple heart where you have made it bold, it might resolve the question of the bleeding but I read that records of medical treatment for wounds or injuries received in action must have been made a matter of official record. There is nothing in his service medical records indicating a gunshot wound or burns. He remembers the medic treating him and he resumed fighting. As I noted before his wounds are listed as a part of his personnel record with dates which correspond to his purple hearts. They awarded the purple hearts though so wouldn't the VA recognize the purple hearts as proof that these are service connected even at 0%?
  3. Thanks for everyone's help. Yes, the purple hearts show on his DD214. It shows as "Purple Heart w/2d OLC". The orders for PH #2 & PH#3 show - Award of the Purple Heart, First Oak Leaf Cluster and Second Oak Leaf Cluster. As I read Carlie's link on the Purple Heart in WikipediA, I read paragraph B-2 and wonder if the VA is not recognizing his Purple Hearts as proof of his wounds because nothing mentioned in his medical records. We have never found anything in his service medical records regarding the gunshot wound & the burns. He was not hospitalized for either the burns or gunshot wound, he was treated in the field and went back to fighting. He said the burns were not 3rd degree burns, the medic put ointment on it and bandaged it and like I said he went back to fighting. My husband questions whether the medics would keep good records when they are treating so many wounded in the field. His wounds though are listed in his personnel record on form DA20 -- Enlisted Qualification Record and it also gives the date which corresponds to the date of the PH's. There are no scars from the burns - he does have a 3 or 4 inch scar on his forearm from the gunshot wound. It's just such a slap in the face that the VA doesn't service connect these 2 when he was awarded the PH. They state in the rating decision "We determined the following condition(s) were not related to your military service...".
  4. Thanks for everyone's help. Yes, the purple hearts show on his DD214. It shows as "Purple Heart w/2d OLC" OLC meaning Oak Leaf Clusters which is how the orders for PH #2 & PH#3 are shown - Award of the Purple Heart, First Oak Leaf Cluster and Second Oak Leaf Cluster. This was confirmed by a different VSO when we first began this claim in 2005. I am sending a request for records specifically asking about the PH citations though. The problem may be that we have never found anything in his service medical records regarding the gunshot wound & the burns. His medical records are very illegible but I have scanned, darkened, enlarged, etc and we have now been able to read most of them. He was not hospitalized for either the burns or gunshot wound, he was treated in the field and went back to fighting. He said the burns were not 3rd degree burns, the medic put ointment on it and bandaged it and like I said he went back to fighting. My husband questions whether the medics would keep good records when they are treating so many wounded in the field. His wounds though are listed in his personnel record on form DA20 -- Enlisted Qualification Record and it also gives the date which corresponds to the date of the PHs. He has pointed this out to the VA by indicating each wound on a separate Statement in Support of claim and attaching relevant documents and highlighting. He has also written a statement how he obtained his wounds and had it notarized.
  5. My husband received 3 purple hearts and 2 bronze stars, 1 with Valor while serving in Vietnam. Along with the certificates for the award of bronze star, he has citations telling what the bronze stars are for. He also has copies of the orders. For all 3 of his purple hearts, all he has is the certificate and copies of the orders - there is no citation explaining what the purple heart was awarded for. He says he never received a citation, but his VSO is telling him he should have it. We've searched all of his old army records and there just is nothing and he has all of his paperwork. I've requested his personnel records and there was no citation received. Were citations issued with purple hearts?
  6. My husband received his rating decision dated 9-29-07. In this decision they gave him 0% for jungle rot for his feet and ordered an at once C&P. They stated they would evaluate after the at once exam and assign a higher percentage if warranted. He went to the C&P a couple days ago. He has a gunshot wound on his arm and burns to his right hand for which he received 2 of his 3 purple hearts and he has tried to get these service connected even if it is 0% - the VA stated in this last decision these were not related to his military service and service connection remains denied. We just don't understand why the VA won't recognize his purple hearts as proof of his wounds. He has a 3 or 4 inch scar across his forearm due to the gunshot wound, but he does not have any scarring from the burns but it is noted in his personnel file that he had burns to the right hand and he has his purple heart for it. He originally applied in 1978 and didn't appeal. He just wrote a letter stating he disagreed. He wants to appeal this so the question is do we proceed with the appeal or do we need to wait until he gets a decision on his feet from this last C&P? Thanks
  7. My husband recently received his rating decision and his jungle rot was finally service connected at 0% (this was third attempt). VA is requesting an at once examination for the current disability picture. What is the at once exam? Why couldn't this have been addressed at the C&P - my husband mentioned his feet at the C&P for his wounds but doctor said she was done, had what she needed & ushered us out the door.
  8. Yes, Cowgirl -- Cloudcraft, Berta & Pete deserve a big hug, and you deserve a big hug, too. You are all so wonderful to offer your help. Berta -The 3 purple hearts are listed on his DD214 as Purple Heart w/2d OLC. He has the PH certificates but we have been unable to find a decoration letter or anything that describes the events. He has one for his Bronze Star w/valor but nothing like that for any of his purple hearts. We don't have copies of his C-file. That is definitely next on my agenda. Easy enough to request. The Enlistment Qualification Record dated in Aug 69 specifically lists his wounds & dates of his wounds in Sec 40. The dates listed are the dates of his purple hearts: FW: ® Flank 18Aug68 Burn: ® Hand 23Feb69 GSW: ® Forearm 5Mar69 Both the Vet Center counselor, the VSO and I thought this was a "no brainer" for the VA since we had the appropriate pictures, private medical records, military records stapled to each claim statement. We are meeting with the VSO this week - hopefully Wednesday - and we'll decide how we proceed after that. I am all for contacting Durbin & Obama at this point, but we'll talk to the VSO first. Durbin has helped a couple guys my husband knows here in town, so.... The Vet Center counselor actually mentioned this to us a while back. We were trying to have faith in the system before doing this. Actually when we started all this we joked about contacting the Sun Times who exposed the VA practices in IL and also joked about contacting 60 Minutes, Primetime, Dateline. Both the VSO and Vet Center counselor said that usually having a purple heart is 10% which is what we heard from people in the past. Our VSO showed my husband the statement in his big manual indicating this. I have always felt my husband was wrongly denied back in 1978. He has so much anger built up from the VA not service connecting the wounds and not being granted 10% back then. It's so funny that the 2 new claims - PTSD and tinnitus - were granted but we can't wounds for purple hearts acknowledged and it's in his military record and was back in 78.
  9. Thank you all for your replies. It is very much appreciated. I realize how much time you all put into helping others - this is all so time consuming. In answer to some of your questions: My husband did not apply for TDIU. He is still working as a letter carrier at the post office. He worked part-time for 6 years and has been full-time the last 2 1/2 years. Buying back his military time, he is eligible for retirement and would love to retire since his job effects his PTSD. It would be 4 or 5 years before Soc Sec kicked in though, so he doesn't consider retiring an option at this point. My husband's GSW and burns are noted in his Military Personnel Record on his (DA 20)? Enlisted Qualifications Record in section 40 - wounds, as well as the wound to his right flank. These two wounds he also received purple hearts for. We submitted the Enlisted Qualfications Record and the orders & certificates for his purple hearts to the VA. We have been unable to find any reference to the gunshot wound & burns in his medical record and I have looked hard at these records. So many of his medical records are illegible - I scanned them and darkened, sharpened them on a photo editing program and we have deciphered most of them. That his how we got service connection for his "jungle rot" this time and for the wound to his right thigh. My husband says he was in the field and didn't even realize he'd been hit from the bullet until after the firefight and he could lay his finger in the GSW. The wound was cauterized from the bullet. He did see the medic but did not require stitches, etc. He does have an obvious scar 1 1/2 to 2 inches long on his forearm. As for the burns, my husband remembers burns to the arms not the hand. He said the medic gave him some salve to put on the burns - they were not severe burns - not blisters - forearms & inside of elbow were very, very red. Our family doctor wrote a letter indicating his scar from the gunshot wound and the pains he was having in his right arm as well as tenderness associated with his other scars. After X-rays, an ECG, sonogram and MRI they have been unable to diagnose the sharp pain in his right arm. Two doctors have told us that the nerve studies don't always show the problem. The vascular surgeon did indicate that he thought the pain might be from the ulnar nerve from the gunshot wound, but he did not put that in his records - so it remains undiagnosed. He does not have a noticible scar from the burns, but he has had lots of dermatitis problems in that area since he's been home from Nam which the doctor says is reaction to heat, dust & perspiration. The VA writes, ".....we received and considered the personnel record which noted the right arm, however, there is no treatment or findings of a gunshot wound or residual scar and the denial was continued....." and goes on to say that the evidence was not new and material. The VA also writes, "the evidence does not address any treatment or findings of residuals or scar from a gunshot wound to the right forearm. Your VA treatment records do not address complaints or findings." The statements for the burns read about the same. We attached our doctors statement & medical records directly to each statement of claim highlighting the appropriate statements. We attached a very clear picture of his GSW scar. As far as the VA treatment records, my husband pointed out the gunshot wound to the VA doctor last April when he went to the local VA clinic and the problems he was having with his right arm - that doctor who is no longer working there sent him off to Danville for several tests which our private doctors ran a year ago. He also pointed it out to the C&P doctor because he specifically told her the problems he was having & what the surgeon had said. Honestly I can't believe they won't service connect these and for them to write the statements they did - I don't understand. I also can't believe that some of his wounds - they call them scars - doesn't at least qualify for 10% disability - I've looked up the schedule of ratings and evaluation for muscle injuries which I'll be looking at. Berta - I am definitely looking up that Myler claim. Thanks
  10. My husband is a Vietnam Vet with 3 purple hearts & 2 bronze stars, 1 with valor. I haven't posted very much, but I have been reading here for 2 1/2 years. I have learned so much from all of you to help my husband put together the paperwork for his claim. He also has help from a veteran's advocate who is working through a service representative for the VVA. First for the good news, he just received his rating decision and has been increased to 70% for PTSD and received 10% for tinnitus which adds up to 70% according to VA Math. I have questions on the effective date the VA has used for the PTSD increase and for the denial of service connection for wounds he received purple hearts. First a little background of his claims. He originally filed a claim in 1978 for his wounds and jungle rot of his feet through the mobile unit of the DAV. The VA service connected at 0% the wound in his right flank from RPG for which he received his 1st purple heart and the abdominal laparotomy with suture scars resulting from his surgery for this wound. They denied service connection for shrapnel wounds to the head which occurred at this time too. They denied service connection for the gunshot wound to his right arm and the burns on his hand/arms for which he received his 2 other purple hearts. This has always been a sore point for him that the VA couldn't recognize his wounds. He was also denied service connection for the jungle rot and for a wound to the right thigh where he fell in a pit and was impaled on a stake in Vietnam. The DAV was of no help - he had no idea what to do so wrote the VA that they were mistaken and if they would check his military records he had received purple hearts for the head wound, burns & gunshot. He also wrote that they could order his dr records for the dermatitis he had in the areas he was burned. Then in 1997-1998 he had help from the local Vet Center in obtaining his military personnel & medical records and was told all he needed to do to reopen the claim was send the personnel & medical records in to the VA with items pertaining to his wounds highlighted. They still denied service connection because this wasn't new & material evidence. He wrote the DAV what his next course of action should be and received no response, so he did not pursue the claim. After hearing in the news about the VA denying Illinois Vets claims and lowballing them, in March 2005 we talked to a veteran's advocate who helped my husband file a claim in Sept 2005 for his wounds and PTSD. He received a 30% rating in May 2006 for PTSD. My husband's original PTSD claim included an evaluation from his counselor at the local Vet Center and an evaluation from a private psychiatrist. His counselor at the local Vet Center thought he should be at 50% to 70%. After receiving the 30% PTSD decision in May 2006, the veteran's advocate sent my husband to get a 2nd evaluation from a different private psychiatrist on June 22, 2006. So when the VA increased him to 70% in this decision they only went back to June 22, 2006 -- quoting the VA, "the date of private treatment, because it shows an increase on this date and the treatment occurred and was received within one year of this date." All of our additional evidence for his wounds and PTSD was submitted in November 2006 within the year's time period we had to submit additional evidence. Should the VA have gone back to the original claim date of Sept 2005? In the May 2006 decision and this latest decision, my husband also was still denied service connection for the gunshot wound & burns for which he received purple hearts. The VA did service connect the shrapnel wound to his head and the wound on his right thigh at 0%. The counselor at the Vet Center and the vet advocate say that the VA should recognize the purple hearts as proof of the wounds and they are also indicated on his personnel record which we submitted. The VA decision says, "You were previously denied service-connection for residuals of burn to right hand, internal fixation, right acromioclavicular joint, burns of both arms and were notified of the decision on May 17, 1978. The appeal period for this decision has expired and the decision is final. Your claim remains denied because you failed to furnish requested information. In order for us to reconsider this issue, we need "new and material evidence." Any ideas on how to get his wounds service-connected? Does he start the appeal process or is this a CUE? Does he go to our congressman, Senator Durbin? I guess if they service connect at 0% it really doesn't matter now - but it's the whole point the VA doesn't recognize the wounds. It seems to all go back to the 1978 claim where my husband was young and had no help. We are meeting with the vet advocate to see where we go from here, but was hoping to get your point of views. Thanks.
  11. Berta & Pete Thanks for taking the time to reply. I've read a lot on this board the last few months and it has helped in getting together my husband's claim. I know you are very knowledgeable and appreciate your help. Thanks.
  12. The veteran's advocate who has been working with my husband on his VA disability claim suggested that there would be nothing to lose for me to file a claim for my mother. I had made a comment that I was so sorry that my father had never tried to get an increase in his VA comp. My father is deceased but up to the time of his death in 2000, he had received 10% VA comp for a service connected knee injury from World War II. Over the years his knee became worse and he finally went to an orthopaedic surgeon to have his knee fixed. The surgeon would not operate until my father had his heart checked. Upon going to a cardiologist and having a heart cath, Dad found out he had blockage and the next day had open heart surgery. He died following the open heart surgery. Would this qualify as a DIC claim since Dad died in the process of trying to get his knee replaced. I don't want to waste time filing a claim for something that would be hopeless.
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