colarguns

Master Chief, Thank you so much for your input! Sounds like you have had your experience for sure. Please read my earlier response as to why I am late to respond. I do apologize. As far as attorneys go, I have had 3 thus far tell me that they cannot do anything until they see a letter of denial from the VA. So currently, I am having to go about obtaining my C-File, and I was just told by the VA today, that even if I filed this request via the FOIA, it would still take roughly a year or more. That is just sad. I will look into the Vet Advocates, as you provided, to see what I can there. Thank you very much for your input, and if you or any other Veteran needs anything out of central Florida, just let me know.

I apologize for not getting back much sooner, we recently lost a family member. To answer your question on whether or not I filed a VA Comp Claim, the answer is no. Between 1989 and 1991, I was fighting the system from all angles, as I was outraged over their scam, which is what it was. The injury is real, but how it was handled was a scam on the Veteran. Do I still have this condition? Yes, and it has worsened over the years. Why the long wait? I surrendered back in 1991-1992 time frame, as I was pure tired of the nonsense. I requested (all) my records from the ROI office in the basement of the Tampa VA, and the guy said it will be mailed to me on a CD. The E-benefits site, I have had premium membership for years, but they do not go back as far as I need. They stop at year 2002. Thanks for your input, is greatly appreciated.

Than you sir. I am going through a FOIA request through the VA. There may be a different approach, but that's where I am. I also went to the va release of information office in Tampa, and requested (all) records since my inception. He said it would be placed on a cd and mailed to me. I do appreciate your help, and glad to know you got what you deserved on your rating

Hi, Thank you for taking the time to look into my situation. I will try to keep this on point as best as possible. I was discharged medically (USMC) in January 1989. The medical board gave me a 10% service connected disability (compensable). After 6 months of being home, I received a follow up letter from Tampa VA. I attended this follow up, and the doctor who looked at me, said “oh you’re fine, I will bring that down to 0%”!! I was furious at how I was played by the system, so I began fighting the system (Congress, 2nd Marine Division, White House, you name it). I received a letter dated July 1992 from a VA Adjudication Officer, stating that they have reviewed by medical board examination from 1988, and found that I met the criteria, and therefore, I was given back the 10% compensable disability. I do not recall filing a claim during any of this time, and I believe all of my calls and mails (no access to email at time), were effective in resolving this. I never received a dime from the VA for anything. I have kept this letter all of these years, and just a few weeks ago, I found this in my strong box stored in my warehouse. After reading it, I decided to hit the trail again. I took it to the DAV locally, and he called the VA in my presence. After the call, he said that they confirmed that my disability was approved in May 1991, and stopped in March 1994. These dates were confusing, as my VA letter which originally confirmed the disability, was dated July 1992. As for why the disability ended in 1994, I have no idea. I have no records of appeals, denials, or anything of the sort. The DAV Officer said that according to his conversation, the VA would owe me from the date of May 1991 to March 1994, but I would have to fill out a Form 21-4138 (Statement in Support of Claim). On this form, all he said to write was (Statement that I never received compensation, and that I have no record of appeals). This is where my questions and concerns come in. If the Marine Corps medical review board determined this 10% disability in 1988, shouldn’t I be compensated from that date to the present? Again, I have no other records, other than the letter from VA Adjudication Officer dated July 1992. Overall, it is easy to see the roller coaster of events: 1988 - Medical Review Board approved discharge based on injury rating of 10% (Never received a dime of compensation) 1989 – Tampa VA follow up visit on injury (Doctor said I was fine, and dropped the 10% to 0%) 1991 – Apparent approval date conveyed by VA and DAV (I have no record of claim filed, other than memory of my calling and mailing everyone in the command structure to slap the VA for reducing my disability 6 months after my discharge) 1992 – Received letter from VA Adjudication Officer awarding a compensable 10% disability (based on medical review board findings in 1988) 1994 – According to feedback from DAV, the VA conveyed that I was awarded the 10% compensable disability in May 1991, but due to appeal, this was brought back to 0%. So if you look at the roller coaster of being approved, denied, approved, approved, denied, it is pure silliness. I find it hard to trust even the DAV, and I could be very wrong with that feeling, but because of how screwed up the VA is, I am worried that the DAV officer may be poorly directing the filling out of this Form 21-4138. Do you have any advice on what I should write on this form? I am trying to stay away from bringing an attorney into this, because they will take 20-30% of whatever is due. I have already been told that they owe me from 1991 to 1994, but my case is I feel they owe me from date of discharge to the present. Any helpful information you can provide on how best to fill out this form, would be greatly appreciated. Thank you.