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radiovet68

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  1. I filed a claim back in 2010 or early 2011 ( not sure of date) how can i get all the paper work i submitted to the VA for that claim, there was a date on that claim i need, i was discharged on August 13th 1968, some time in my 4 year enlistment i developed breathing problems, wheezing and a little shortness of breath, really nothing that would cause me not to do my duty but a little annoying. i did see the corpsmen a few times for it but i cant remember the outcome. when i was discharged on 9/13/1968 i went to bay pines VA hospital around Jan. or Feb. of 1969 just a couple months after my discharge ( that was the date they gave me)in St. Pete FL. after examining me they told me they found no problem. i excepted there finding and started my civilian life. I did not know any thing about filing claims, i did not even know if we filed claims back then, i just felt if i go to the VA hospital i was doing what i was supposed to do with a health issue? thru the years i had to see civilian DR'S and they told me i had chronic Bronchitis, that diagnosis was around 2 years after my discharge i was 24 by then and i was being treated for the chronic bronchitis since then till now! but in 2010 i had a heart attack and it was caused by Ischemic heart disease, and Presumptuous to Agent Orange from Vietnam. I then had to send for all my military records, when i received them i read them and i saw my induction physical 100% fit for duty, my discharge physical said i had a dysfunctional left lung, well that means there was a problem when i was discharged with my lung and the beginning of life long Chronic Bronchitis. It appears the visit to Bay Pines VA hospital missed it!. i will need the paper work i submitted way back then HOW can i get? i will need it to show i was seen at bay pines way back in 1969, Bay Pines should of caught my Chronic Bronchitis, i was discharged with it. Now the Supreme Court will be hearing arguments about Vets getting there compensation awards dated back to our discharge dates, we are given 1 year from discharge to file and receive retro back to our discharge, after 1 year it is the date we file, for me the miss diagnosis of my COPD ( chronic Bronchitis) from Bay Pines VA hospital may be enough equitable tolling, Mr. Arellano's hearing by the SCOTUS will be October 4, 2022 he states he was under PTSD and mental problems and says equitable tolling should be in affect, maybe getting an ok nothing wrong by Bay Pines will be enugh for me to claim equitable tolling, and if the supreme court changes the law to benefit us vets i will have a healthy chunk of change coming from back to 1968, but i still need to get the report that shows my visit to Bay Pines in 1969.
  2. the supreme court will make a decision for veterans, some vets wait years before submitting a claim for disability for reasons of there own. the vets name who the supreme court will decide on is Adolfo Arellano, the court will decide if they will allow the start date of our disability will no longer be the file date of the claim and will be the date of discharge from the service. In my case if approved will be August 1968, i filed a claim for copd in 2010 and i will have almost 40 years back pay $257K 

    1. Dustoff1970

      Dustoff1970

      Yes the Arellano case is yet to be decided and separate from the recently decided George v McDonough SOTUS decision.

      https://www.supremecourt.gov/DocketPDF/21/21-432/206203/20211222153332345_No. 21-432 Arellano v. McDonough Final.pdf

  3. i was discharged August 1968, In February 1969 i went to VA hospital St. Pete Fl. i had some problems breathing, nothing serious but at times i would start to weeze quite a bit, the Va told me after doing some testing there was nothing wrong, for many years after in 2010 i had massive heart attack, and 5x by pass surgery, i was told it was called Ischemic Heart Disease, then i found out the Government classified ISD as Presumptuous to Agent Orange. I filed a claim with the VA for disability July 2010, i had to wait a few months due to the Congress had to approve, which they did, and rated me 60% I had to request my military records from archives, when i received them and read them my entrance exam said i was 100% fit for duty, my discharged exam said i had a dysfunctional lung, yes i was weezing quite a bit. So then i filed another claim for copd, i was tested by the va Pulmonologist and was rated service connected due to my discharge exam at 60% for copd,i now am 100% IU. But i understand the supreme court may change that for us service connected vets to be eligible to collect from date of discharge, as of now i know its from the time of your claim, i would of put a claim in back in 1969 but the VA said nothing was wrong with me... what should i do? ( i though back then that asking for an appointment to see the doc was the claim)
  4. I am rated 100 IE for ischemic heart disease and chronic bronchitis, i have been chosen to do a study for bronchitis, spraying liquid nitrogen in each lung while asleep, this is supposed to kill all bad cells in lungs so new cells can grow, my question is if these techniqueswork and then are approved by the FDA and my breathing improves considerably can VA decrease my disability rating?
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