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  • Birthday 05/10/1947

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USMC RECON 67's Achievements

  1. Hello men & ladies, Checked on Ebenefits concerning my claim for Earlier Effective Date and it shows it was completed on the 22nd of Jan, 2014. Will let you know what the decision is when I get it. My claim for A&A is in the preparation for decision phase also. Will keep you posted on both. Hoping for a positive outcome.
  2. No John, I didn't have the privilege of knowing him. He may have been in 1st Force Recon or 1st BN. Recon if he was at Chu Lai. I was in 3rd BN. Recon at Dong Ha, Phu Bai,Quang Tri.
  3. John, don't know. My energy level is ziltz. Don't have energy for nothing. Was in the hospital last year for 30 days. Heart was only pumping 10% and my oxygen level was 19%. Had one foot in the morgue and the other on a banana peeling. Hey still on this side of the grass. Just thankful to still be here.
  4. Oh, by the way. Got some new fantastic hearing aids from the VA last week. Can answer the phone through them listen to the TV etc. Comes with a remote also but have to keep it away from my pacemaker. Told my wife the hearing aids were so good I could hear her think. Think I ought to send them back?
  5. Yeah, already filed for Squamous cell lung cancer as presumptive to agent orange. Approved at 100% level.Hope to get approval for EED but if not will appeal and get an Attorney. Hey, you have to do what ya have to do. Will also file for earlier effective date for three more issues also. Don't want to put too much on that plate at a time. Rather for my cup to runneth over with the approval. 100% Valvular Heart Disease 100% Lung Cancer 50% hearing loss 30% Dizziness 10% Tinnitus 30% PTSD 20% Right knee instability 20% Diabetes 2 10% Arthritis 10% Hypertension SMC k SMC s and some 0's Put in for A&A but was denied so will get a DRO on that one or appeal before time runs out.
  6. broncovet, Would have filed before that but was diagnosed with lung cancer and had to under go radiation therapy. I was lucky they caught it in the first stage. Radiation therapy was in August of 2012. Couldn't have had a better group of nurses and doctor. Will have more issues to file earlier effective dates back to 1970 when I get this one resolved. Thanks again for ya'lls (southern) help and will keep you posted.
  7. Just wanted to give you ladies and gentleman a update concerning the claim of loss of use of a creative organ. I did an extreme amount of research( for me anyway) on the regulations that were in place in 1970 and they are the same as today. I also researched the M21 manual as well. Searched for a long time to find a court case very similar to mine. Found some that were vaguely similar but not enough until I found this one which had been posted by someone on Hadit, ie: Citation NO. 1108716 Decision Date: 03/04/11 Archive Date: 03/17/11 Docket No. 09-39 123) Date ) ) On appeal from the Department of Veterans Affairs Regional Office in Roanoke, Virginia. This case granted Loss of use of a creative organ back to 1971 on a CUE. The circumstances are very similar to mine and the regulations quoted pertain to my claim also. I filed for an earlier effective date on 10/18/2012. Wanted to make sure I had my ammo ( regulations) in order before I submitted it. Am waiting for claims process which it is in the gathering of evidence stage. Shouldn't be too hard since everything is in the C file. Never give up and always persist. Just waiting for the outcome. Thanks everyone on Hadit.Hopefully I should prevail on this claim.
  8. Berta, Thanks for your reply. Sorry to hear about all that snow. Yes I have my rating decision from 1970 plus medical records also. I am not asking for a higher rating as far as % goes but for SMC K from 1970. If I am not mistaken the rating schedule has not changed as far as SMC K is concerned. If one testicle is 1/3 the size of the normal testicle, then loss of use of a creative organ is granted which showed up on my C&P exam in July of 2011. In the rating decision dated August 25th, 2011 it states and I quote " Rating Decision dated January 12, 1971 granted service connection for atrophy of the left testicle at 0 percent. The examination completed at that time noted the diameter of your left testicle was 1 centimeter and the right was of normal size. There was no mention of whether or not your atrophic testicle was one third the size or less or your normal right testicle". I had no episodes after that and the consistency of the testicles have not changed to my knowledge over the years. The diagnostic codes have not changed since 1970 and were probably based on the 1945 Code of Federal Regulation. Is it possible that the rater included that paragraph concerning the 1971 decision so I could appeal? How would I proceed to write an appeal? Thanks.
  9. First I will thank you for your service and the assistance you offer us veterans with our claims. I filed a claim in 1970 for Epididymitis and was service connected under diagnostic code 7599-7523 and was given a "0" percent rating as per 38CFR. One code is for urinary infection and the other is Epididymitis with atrophy of left testicle, service connected, Vietnam era, incurred. I was released from service on Sept 19, 1970 and filed my claims. In my rating decision it states "Veteran had epididymitis January of 1968 which should have read January of 1969, treated at Bethesda Naval Hospital. On EXAMINATION his right testicle is normal, his left testicle is atrophic and approximately 1 cm in diameter. It is non-tender on examination.That was the decision I received in Jan of 1971. Not knowing anything about the claims process I did not appeal that decision for SMC K, loss of a creative organ. Lets face it my attitude wasn't the greatest back then. I was turned down for hearing loss, which was later awarded at 50%,labyrinthine vestibulistis at 30% and tinnitus at 10%. To make a long story short I reapplied in March of 2011 for erectile dysfunction due to medication from prescriptions I was taking from a heart condition, ptsd and other disabilities. I amended my claim and included loss of a creative organ. I was awarded SMC K based on the loss of use of a creative organ because the left testicle was measured as being 1/3 the size of the normal testicle. Should I have not been considered for SMC K in 1970 if the measurements had been done correctly? It is noted that that the Diagnostic Code 7523 contains a "Note" indicating that the evaluation assigned is to be reviewed for entitlement to special monthly compensation under 38 C.F.R. 3.350 Thank you in advance for your replies. Could this be a basis for an inadequate C&P exam?
  10. Brokensoldier, Taking meds for ED is not a reason to deny ED. Do some reading. The meds are only a temporary solution for a chronic condition. Take away the meds and you still have ED. All the success on your appeal. You should prevail.
  11. Just approved for ED on EBENEFITS. Only took 6 months. My first claims filed in Jan. of 2005 took two full years. Have filed also for SMC K, loss of a creative organ. Two seperate issues.
  12. Carlie, Thanks for your reply.The rating decision is as follows: In Dec. of 1968 this veteran was treated for epididymitis with frequency of urination, left testicle swollen and tender, and the prostate enlarged and tender. Examination at discharge, is not of record. VA examination reveals the right testicle is normal but the left tedticle is atrophic and approximately 1 cm in diameter but is non tender. There is no mention of the size of the right testicle in the report or comparison of the left to the right. The left testicle no longer exists. it has disappeared. No mention of SMC in the rating decision. I did not file an NOD. Like so many others I was fed up with the VA. Carlie, thanks for being a moderator. You are right, atrophy of the testicle is not a measurement but a condition that exists.
  13. Thanks in advance for your input. In 1970 I put in a claim for Epididymitis with atrophy of the left testicle. I was rated under the following diagnostic codes: 7599 Urinary condition 7523 Epididymitis with atrophy of the left testicle and was given a "0" % rating. My question is should SMC K been awarded since I met the requirements of 3.350 which states 1114 (k) is payable for EACH anatomical LOSS or loss of use of one hand, one foot, both buttocks, OR MORE CREATIVE ORGANS, etc. It also states (1) / Creative organ,/ (i) Loss of a creative organ will be shown by acquired absence of ONE or both testicles (other than undescended testicles) or ovaries or other creative organ. Loss of use of one testicle will be established when examination by a board finds that: the diameters of the affected testicle are reduced to one-third of the corresponding diameters of the paired normal testicle and other requirements which may be met. Should I have been granted SMC K for that since the requirement was met? It was not a claim for erectile dysfunction but for Epididymitis. Should not the claim for SMC K LOSS OF A Creative ORGAN been an inferred claim since the requirement for 3.350 were met. Thanks for you replys.
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