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50 years and counting

Seaman
  • Posts

    3
  • Joined

About 50 years and counting

Previous Fields

  • Service Connected Disability
    100%
  • Branch of Service
    Army

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50 years and counting's Achievements

  1. Thank you so very much for what you along with T-bird have done for the veterans. Right now I am in the middle of a move and don't have the time to answer your question in the depth that it deserves. As soon as I am settled I will send you all that you ask for. To answer your first question, no I was never granted SS. Will get back to you as soon as I can.
  2. Background; This claim goes back 47 years. My induction in to the army took place in 1964 MOS infantryman. In basic training I was injured in a hand to hand combat training demonstration. The next day reported for sick call. A radiographic examination was made I was returned to duty by the examining doctor. My 1966 exit examination I complained of chronic pain in the lower back w/ lost of strength in both arms and hands w/lost of the ability to grip in both hands. In 1966 I was transferred to the army active reserve under honorable conditions. On returning to my previous work I found that my work performance was declining due to the pain in my back. The more I worked The more I destroyed my spine until; unable to work I became indigent. in 1968 I applied to the VA for medical benefits. Although at the time I did not know that I was not eligible because I was not a veteran in 1968 I was a member of an active reserve unit. The VA processed my claim just like was a Veteran. In 1968 the claim was denied. It was at this time that I became aware of the fracture to my spin in basic training. The 1964 x-ray became the sol source of evidence for the decision. This is the first time that I had become knowledgeable of the x-ray report. "Evidence of Record", Lumbosacral spine x-ray reviled irregularity on the anterior portion of the first lumbar vertebrae which could possible represent an old or acute fracture in this area. The reason given for the denial "occurred prior to service". Shortly after the decision I became homeless. In 1999 after many attempts to reopen the claim, I applied for a pension. With a IME dx, and the work of a great social worker I was granted a pension for, P&T disability for L1 radiculopathy and degenerative disk disease non service connected. 2003 reopened claim for service connected disability. Claim denied. 2005 C&P examination. Report reviled collusion between the VA ant the Military in determining service connection in the 1968 denial. Statement from the doctors C&P report states "Previous service connection for L1 compression fracture was denied by the military in07/23/68 saying that they (the military) could not conclusively say that this was service related or existed prior to service. The report continues 'we tried to reopen his claim again about the compression fracture, only earlier report from the social security administration in early 1968 to 1991 was not successfully reopened in 2001." 2005 DRO review. Decision resulted in service connected. P&T TDUI no future examination scheduled. The evidence of record for denial never existed. When the DRO asked of the adjudicator to produce a report based on medical evidence of record they could not. DRO's note "The examiner's report should include a complete rational for all conclusions. If the examiner cannot render a medical opinion without resort to conjecture, pure speculation, or remote possibility, then this should be specifically stated." In the decision of 1968 it seems that the VA reached a decision together with the "military" or maybe the "military" made the call and the VA went with it. What's you call?
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