panseyjam

Buck52, It may be my choice of words as well as lack of understanding of all things military. I am learning as I go, and as I question him. His Army discharge was December 1970 as it was mutually decided that he not be retrained but instead be released as he was medically not permitted to fly. He was provided TDRL under the surveillance of the Medical Board until 8/74 when the Physical Board declared him fit for duty and terminated the pay. In his file, we find the rating decision for the surgical absence as well as the SMC K, dated 12/7/71 (attached). Does this help?

OK, I am back. Some things have become clearer for me and hopefully I can clarify for others. My husband was in VN in 1969 where he was operated on for a testicular mass thought to be a seminoma. He was evacuated. At BAMC it was thought he may have metastases so was treated with radiation. While receiving treatment, he was placed on 100%TDRL with f/u planned for every three months for a period of five years. On 12/19/1970 he was awarded SMC K, and on 3/01/72 he was rated at a 10% for loss of body part. He was eventually deemed fit for duty but as he was a helicopter pilot, he was not cleared to fly. In August 1970 it was recommended he not be retrained and he agreed. He was separated from the Army while remaining on the 100% TDRL with medical f/u. In 1974 his TDRL was terminated as his condition had been stable. (As of 1970 he was being paid by the VA. He recalls them contacting him and advising him that their rate of TDRL was higher than the Army.) After his TDRL cessation he was immediately contacted and signed to the Inactive Reserve until 1978 when he was again released. During this time he received no pay, no lump sum, no disability. He was working in private industry. He did send a letter to the VA and inquired as to whether he still had the 10% disability. They advised him to submit form 21-651 about retirement pay vs compensation. As he was working primarily offshore without access to the VA, he did not obtain this form. There was no further contact until 2011 when he filed through the local VSO for GI symptoms r/t radiation, hearing impairment/tinnitus, anxiety, and depression. In addition he submitted an inquiry through the same VSO, again asking about the 10% disability rating/SMC K from 1970. As there was no formal claim for this, he was surprised when in 2012 he received a 10% rating for the tinnitus as well as 10% and SMC K back dated to the 2011 'claim'. Regarding my previous post, the error in the DD214 only existed on one line from his Basic Training and never appears to be an issue. His final DD214 is correct. He is continuing to contest the GI symptoms and currently has an attorney working for CVAC appeal. He has not pursued the depression and anxiety as they are not significant issues at present and are actually secondary to the GI symptoms and the sterility. Our confusion now lies with the 10% rating and its date. Form states DOR 03/21/12 NO OFFSETS The remarks state something we read as, " No previous awards because orig award vet waived comp for MRP. No MRP now." In addition it states "if converted award lines existed before that date, they were protected from change." Seemingly they then attempt to tie this statement to the protection afforded a rating that has existed for 20 years, protecting it from being reduced. I am attaching some documents which I think may help clarify. One is his original award. Another is a 21-651 dated in 1971, the form which he was advised to file in response to his inquiry in 1975. I also have included the rating communication he received in 2012. We are wondering if the TDRL pay was some award which cancels the 10% rating as well as the SMC K. My husband recalls no lump sum nor any of the monetary details but believes he would have recalled a settlement. In addition I find no financial documents which appear to reflect anything like this in his file but do not understand what the 'waiver' is, as stamped on the 21-651, and referenced on the 2012 rating. We would appreciate it if anyone can make sense of these documents and our situation. I am sorry for confusion but this deluge of papers is overwhelming, as you all know! Please ask any questions as I think I have a better handle on the sequence of events and the documents in the BOX. Thank you again for your time and any assistance.

My husband checked his benefit site today and now has 100% disability for prostate cancer-agent orange related. Berta is probably right, a newbie as was so blatantly wrong. Perhaps the phone support person's 'supervisor' researched it and removed the request before much reaction, and fast tracked the claim. Done!

Thanks, that is what we thought and were surprised with the answer from claims support person. We did request a note from my husband's physician but in the meanwhile the VA site changed, now stating there were no longer any requests for additional documentation. Despite advising us to submit the MD info, the claims person had said it would be forwarded to the supervisor as it didn't make sense, but that it may take a couple days. Hopefully this is now resolved. Thanks again.

My husband previously was seen in 2012 by a VA MD for the Agent Orange registry. In 2015 he was diagnosed and rated for DMII related to Agent Orange. We now attempted to file an online FDC for his newly diagnosed prostate cancer and quickly received a response requiring a medical opinion the relating his prostate cancer to dioxin. I called the 800 help number and the individual advised we just go ahead and ask our MD for the opinion, it being quicker and easier to just get the opinion. Is there a better way to resolve this, either for our future reference or for others. Seems insane. Thank you.

Thank you, John. No, not a medical discharge. Had been on 100% disability, waiting to see if cancer returned, then honorably discharged with a total of three years. He inquired as to what then happens to his permanent disability of 10% but was advised by correspondence to respond as to whether he wanted retirement or compensation by filing form 22-651. He lived in rural TX, distant from any VA, didn't understand what they were asking, and neglected to follow up by mail. Should this not have been continued w/o him having to file? Looking at his DD 214, it lists 10 years service, thus this is what the county rep thought was the source of the confusion. Hope this clarifies somewhat. Pam

My husband was given permanent 10% disability upon discharge in 1975 as well as special compensation for loss of reproductive organ, after having received 100% disability while in service for approximately three years. When inquiring as to how to obtain the 10%, he was advised to file form 21-651, advising the military as to whether he wanted retirement or compensation. He had no access to this form in 1975, knew of no retirement, thus, follow-up was not done. Now after filing another claim, he had access to his files and found this correspondence awarding him the 10%. He presented this communication to his current appeal (pending review) advocate and was advised to disregard. He then presented to his county veteran's rep who found an error on his DD 214, stating 10 years versus actual 3 years. The Rep forwarded it to "Support Services" office. They simply affirmed current payment, retro from 2011, and said any discussion re previous years should be with 'Benefits'. Our question, which our Rep didn't know the answer to either, was who/where is Benefits? He stated he will contact American Legion for more information. Any help out there?

My husband had a testicle removed, followed by full torso radiation in 1968 for a seminoma diagnosed while in VN. He was on TDRL for four years, waiting for possible recurrence. He was also granted a 10% disability for loss of reproductive organ. Subsequently he received an honorable discharge and obtained civilian employment. At the end of the TDRL in 1974 and the end of the payments, he sent a letter inquiring as to the disposition of the remaining 10% disability. His records reveal a letter to him instructing him to send in a form 21-651, of which there is no copy. He doesn't know if he ever sent it in. Should there have been a monthly benefit? Is there residual due now? As of 2012 he began receiving a 20% disability rating after persuing a tinnitus claim (10%), along with the loss of repro organ (10%), and SMC. Additionally, we are unclear regarding the loss of fertility from the radiation and the emotional impact this has had on his life. Is there any avenue for this type of claim? Seems very unfair, particularly in light of no documentation in his records that it was malignant, as his records were lost in VN. Will appreciate any input. Thank you.