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.