Tammy

Can someone help me explain how to answer this letter I am not sure how...Here is what the letter reads. Dear Mr. Brinegar. In reviewing you 11-01-04 Notice of Disagreement(NOD), it appears there may have been additional issues mentioned that you were in disagreement with. Currently the only issue on the appeal is for an earlier effective date for individual unemployability. We neee you to clarify which specifice issures from the 09-21-04 rating dicission you are appealing. If we don't receive your written clarification within 30 days we will take you lack of a response to mean that you are only appealing the effective date of the awward of indvidual unemployability.. The following is a list of possible issues from the 09-21-04 rating decision: Iffective date of service connection for urinary incontinence; Evaluation of 30% for urinary incontinence; Effective date of sevice connection for irriatabel bowel syndrome; Evaluation on 10% or irritable bowel syndrome; Effective date of increased evaluation for thoracic spine condition; Evaluation of thoracic spine condition,is curruently 10% Effective date of service connection for erectile dysfunction; Evaluation of 0% for erectile dysfunction; Effective date of entitlement to indvidual unemployablity; Evaluation of lumbar spine condition, currently 40%; Evaluation of residuals of right ureter repair, currently 0% If you have any questions or need assistance with your claim contact 1-800-827-1000. If you call refer to VA Claim number shown on the first page of this letter or you can contact us through our website at ...... ________________________________________________________________________________ _________ Okay this is my question, if anyone can help me, my husband was caught in between two 5 ton trucks, he was a mech. in the Army and the guy that hit him didn't have is glasses on but was ordered to go help my husband anyway, he was still waiting for his perscription for his glasses, the guy that hit him. So, when he had this accident on Nov.5th 1979 he had several injuries including a broken back which the VA refused to believe until 2001 they did admit he did break his back in the Army during the accident. He applied for benifits as son as he was discharged, there was a paper he signed asking if he was going to file a claim and he stated yes. So when he was released he did just that he got awarded 10% from 1979 until 2001 for contusion to the right kindney and torn urter. Nothing for the fractured back, adhesions, disfigurement of the penis and stomache, or incontince of the bowels and urine. Now he does get an amount for lack of use of a organ(penis) we have filed claim after claim and had to file bankruptcy because of all the bills he could never get the proper medical attention nor our children and one of our boys was very ill and had to go to the children's hospital in Seattle and I had to quit Nursing School to take care of our child. I am saying all this that now that the children are grown they are willing to give my husband 100% nothing for adhesions and the depression, have several documents that state he can't work. I am disabled and can't work now, I was getting SSI until he got 100% from VA now I don't get anything. I thought my husband should appeal the time because we have been going back and forth with the VA and everything was denied stating his back was deformed and now he has adhesions from all the scarring from the bladder and kindney along with IBS and his back his awful and he is on so much pain medication. I believe that had he had the right care several of these things could of been prevented. I want to say the it was a clear mistakable error (CUE) on thier part. The VA does agree now that his back was fractured in the accident but at the time until 2001 they would not give an inch. Now if he applied right after the service and he got denial after denial but now they are willing to give him 100% but I am not sure how to respond to the letter. I just want my husband to get the money that should of been awarded to him and his family's care when he couldnt get jobs because of the physical exams they did prior to hiring for jobs. As soon as employers seen the fractures they knew that he was at high risk for the job. He did have some jobs but he never really got that much ahead and he was always in so much pain. Now, he can't be anywhere without a tolit and I have to clean him up which I don't mind but he is very sad and embarassed as a man and our sex life. If someone knows how I need to address this letter please help me. Also let me know what kind of things to send in to them. I feel they should go back to the date of the accident, but my husband doesn't think they will do that for him. Please help him and me in anyway possible. He is only 50 yrs old and he deserves to have what is owed to him. Thank you and sorry for the length of this letter. Tammy in Montana