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Found 24 results

  1. I haven’t been here for a while, but to update, I am 100% P & T now, but the VA did not hardly pay any retro pay. My medical records are still being withheld per Exemption 5 [ 5 U.S.C. 552 (b)(5) ], and my medical treatment records were intentionally withheld for 51 years now. I have the records request form from January 1972 when the US Army told me they were lost intransit from Vietnam. This was absolutely false, and I finally got them in 2016, showing I had no reaction to Chloroquine, yet I had a skin disease they could not determine the cause of. I actually had malaria, and was hospitalized with a serious Lung infection from “Undetermined Organisms” eight months after Vietnam. My oldest son died at 47 years old, and was affected from Agent Orange or the malaria, or both as he was conceived while I was “Home Awaiting Orders” and still sick. The VA has lied to me ever since my Honorable Discharge in April 1972. I need an honest lawyer that will take my case which would go back to my April 1983 claim, almost 39 years of 100% retropay. I was denied, as well as my kids were denied all compensation & pension because I was still ill at discharge. I would have been medically discharged at 100% if the DOD/US Army would have allowed access to my records. I was intentionally deceived and compensation withheld since April 1972, but I did file in April 1983, but the VA ignored my Records Request, not even responding. I have that request form also from 1983. What attorney would anyone recommend as this is one of my last attempts at justice. There doesn’t seem to be any! I am 70 and not doing very well because of CAD 100%. I have been runaround since 2014 getting 100% in December 2020, but losing my son in December 2019. Can anyone recommend an attorney that will fight for the Veteran? I would appreciate and advice or recommendations. Thank you very much victor ray
  2. This is the first time VVMF has honored this day as Agent Orange Awareness Day. If you are a Gold Star Wife or Gold Star Husband, check your email for their announcement on this day. My husband's photo above is on line with info on others who are honored in a special plaque on the Wall. I found it on line today at the VVMF site,and it still hurts to know he is gone. He was an altar boy in Middleton,NJ and the rest of the photo shows him with his mother, in front of their house , and was taken one week before he left for USMC. 1964. His hair had began to turn white after he his discharge from USMC , 1968. While their names are not on The Wall, they are never forgotten. On the Vietnam Veterans Memorial site in Washington, D.C., a special plaque reads: “In Memory of the men and women who served in the Vietnam War and later died as a result of their service. We honor and remember their sacrifice.” Click to learn about the In Memory program. https://www.vvmf.org/In-Memory-Program/ In Memory was created in 1993 by the group – Friends of the Vietnam Veterans Memorial. VVMF began managing the program and hosting the ceremony in 1999. More than 4,700 veterans have been added to the In Memory Honor Roll since the program began. To see all the honorees, please visit the In Memory Honor Roll. https://www.vvmf.org/In-Memory-Program/ The relationship of the VVMF to the Wall is here: https://www.vvmf.org/About-The-Wall/ It is an overwhelming site. I was there the day after the dedication and the Mall in DC was still filled with thousands of Vietnam veterans , and their families at the Wall . A tracing from the Wall can be used for a PTSD claim, if one of your stressors was seeing a unit buddy killed in Vietnam. And dont miss the Moving Wall either- https://www.truckload.org/news/transport-the-wall-that-heals-in-2020/ But I believe their schedule has been affected by the Covid Virus- but Maybe not-------
  3. Any veterans or others out there have any luck proving that as a maintenance working on a AF plane, they had to climb aboard and go into Vietnam? the problem I'm running into is that my service record does not put me in Vietnam, so I am unable to claim any Agent Orange presumptive conditions. I have multiple. ANy help is very appreciated.
  4. After a long battle, my Marine Vietnam Vet brother has been awarded 100% service connection for schizophrenia. The VA has denied this claim since originally filed in 1982. Even though he had schizophrenic episodes and subsequent hospitalization - it was well past his discharge date of 1971 -- thus no service connection in the eyes of the VA. (Discharged because he tripped over a grenade booby trap and was WIA, I might add). Now 48 years later, the VA has approved the claim. It has been denied at least twice, and I filed a Notice of Disagreement, and was fortunate to include an IMO from a very knowledgeable doctor who is a former C&P Examiner. No doubt this is what turned the tide. I happened to luck upon the Doctor on this HAD IT site! I also converted the processing of the NOD to the new RAMP process - instead of waiting years on end for a final decision. Thank you HAD IT and all the members here that have given me guidance through the years in getting my brother the benefits he earned!
  5. Hi, Berta (everyone), I am curious if there’s any instructions on how to go about: DIC is granted & accrued / death pension benefits are denied. My VA rep (Colorado VA office), recently explained to me that my mom was awarded DIC benefits ( I filed on her behalf ), effective the day of his death (my dad died Dec.30, 2017) of... 1-Pneumonia 2-COPD 3-CAD but, we (she) was denied accrued because the Army / VA did not owe him any money, since he never filed for benefits while alive. While that part is true, he never filed because he was told he did not have agent orange, he was told he “wasn’t in the right theater”, course that “theater” explanation is false. Vietnam establishes theater now, period. My dad was on ground (in air) for a year. Further my dad’s records I received from archives (medals included) do not have a lot of information in them. I have a hard time understanding what they do say. My dad was 191st Military Intellegence, not sure if that is why I have trouble making sense of the records they gave me or if that has anything to do with why I had such a trouble free approval on DIC portion of our claim (approved first time & expedited approval within 3 months)..to which we are grateful. However, I have an original document from 1989 that reads, “ In regards to YOU’RE request to be tested for agent orange...Donald L. Welch...” (my dad)..you’re appointment is scheduled for ...1989 at ... etc. then written in red pen on the top of the document is written “6-8 weeks”. I prusume his “testing” (set for an entire day 8am-6pm) did not inform my dad he had exposure, because he then would have filed! Yet, clearly he did (death certificate reads CAD) & DIC awarded for presumptive CAD! Throughout his lengthy medical history of: Arteries blocked (multiple), Surgical stents, cardiac-arrest, COPD, bronchitis-chronic, lung problems, etc. He believed he did not qualify for benefits. Months before his death he went to VA medical at his brothers insistence & on the way home from getting RX (for the first time ever from the VA) he told his brother he was told he wasn’t in the “theater” for agent orange benefits. By the time he got his first RX delivered through the mail...he was dead....of CAD. How do I prove establish that he would have filed for benefits (as far back as 1989, document attached), if they had not told him he didn’t qualify & wasn’t exposed? How do I get addditional records when he was military intelligence? I can’t even find out what battles, his medal citations are even from. I also know his helicopter crashed while he was in Vietnam and his back had either whipping marks or shrapnel scarred all over it...I want to know why. No records if him being a POW. Can anyone link me in the right direction? I’ll have to figure out how to attach documents to post- will follow through.
  6. The BWNVVA counsel is afraid to bring these actions because “I don’t want to piss them off” [leadership]. My thought is who cares if we piss them off. They have let us hang and denied passage of the Blue Water Navy Bills for at least 10 years. Although discharge petitions have not been very successful in the past, some have done what they intended. The thought of embarrassing the leadership is fine with me. They should be embarrassed! Pissing them off does not affect the outcome of the BWNVVA bill status, because we will lose nothing. We do not have presumptive status. Congress denies us at every turn. Since that is a fact we lose nothing. Perhaps this will turn it around. We can keep begging for our rights for another 10 years, or bring this to closure now. Let it be known that I do not represent the BWNVVA in any capacity. It's not clear to me whether a discharge petition was used in 1991 for HR 566. I do know there was a suspension of the rules to bring it to the floor for a vote. Whatever you call it, the bill was passed unanimously in both the House and Senate. "A discharge petition is a means of bringing a bill out of committee and to the floor for consideration without a report from the committee and usually without cooperation of the leadership by "discharging" the committee from further consideration of a bill or resolution. 563 discharge petitions were filed between 1931 and 2003, of which only 47 obtained the required majority of signatures. The House voted for discharge 26 times and passed 19 of the measures, but only two have become law. However, the threat of a discharge petition has caused the leadership to relent several times; such petitions are dropped only because the leadership allowed the bill to move forward, rendering the petition superfluous. Overall, either the petition was completed or else the measure made it to the floor by other means in 16 percent of cases." PL 102-4 Actions H.R.556 — 102nd Congress (1991-1992) 01/30/1991 Senate Received in the Senate, read twice, considered, read the third time, and passed in lieu of S. 238 without amendment by Yea-Nay Vote. 99-0. Record Vote No: 9. 01/29/1991-2:26pm House On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays (2/3 required): 412 - 0 (Roll No. 16). For more information go to Text: https://www.congress.gov/bill/102nd-congress/house-bill/556
  7. A local Kansas City man is suing the VA for $35 million in a malpractice suit, in my words basically, he was treated for 10 years of being misdiagnosed for a mental condition that he didn’t actually have, and it cost him his pilots career. Anyone can google it for accurate details. I made medical treatment record requests while on active duty months before my discharge, but were told they were all lost in transit from Vietnam, when I was medivac’d out. What I did receive at discharge was Form DA 3349 showing P-3 permanent profile for permanent defects under “physical capacity and stamina”. I had what we call now, Chloracne, Porphyria Cutanea Tarda, Upper Respiratory Infections with undetermined organisms, Group A Streptococcus, vision problems with eye aches, Migraine Headaches, abnormal Liver and kidney issues with urinating blood, uncontrolled pruritus, insomnia, urticaria, rashes, unexplained fevers, heart palpatations, abdominal pain and cramps, severe bone pain, and on and on. I was stuck thousands of times by mosquitos, ate or almost ate some nasty uncooked/undercooked fish, besides drinking nasty water. I probably had Liver Flukes, Filariasis, or Malaria or all of them because I was in a coma most of a week a few months after discharge, and I never recovered from RVN Service. My treatment records NEVER WERE LOST, but they were withheld for 45 years, and 6/7 months still are, plus all of them from Japan, about 4 days of test results. The VA has withheld the missing documents and medical board proceedings per FOIA EXEMPTION 5 for a year or two, but now say they mistakenly spoke when said they were withholding them in the two or three reply’s from FOIA Requests. I still have not received the records I have requested, such as pay records, morning reports, and I am at the point that I actually may need an attorney. I am being reconsidered now, but I was deceived and had no evidence for a disability claim before I was discharged. Being naive and 21, and never doubting the integrity and honesty of the Army or VA, I couldn’t see how I would ever get a disability claim approved. I barely had proof that I was even in Vietnam, but now have proof of a 28 day straight stay in the infectious disease wards. SHOULD I TRUST THE VA TO MAKE THIS RIGHT, OR DO I CONTACT THE ATTORNEY HANDLING THE $35 Million dollar suit? Sorry for being long winded, but a little history makes it clearer. It’s going on four years with Line of Duty, and 100% Direct Service Evidence, but only recently given 70%, but denied 100% Service Connection that was due in June 1971.Thanks again. Victor Ray
  8. I'm new here and am re-posting under this topic as it may be a more appropriate forum. First off, let me say this site has been extremely helpful to me in developing my brother's VA claim. He's a former Marine - served in Vietnam 1969-70 and was WIA by tripping a grenade booby trap - Purple Heart. He was unemployed for approximately 4 years of the first 8 years he was back. Then in the 8th year, he attempted suicide, taken away in a straight jacket, hospitalized and diagnosed with Schizophrenia, Paranoid Type. In the 5 years that followed, he underwent long-term mental health therapy, was incarcerated for hitting a police officer with his truck (charged with intent to maim/kill), received a Felony conviction, put on Probation, and lost his license. There were many other bizarre behaviors too numerous to list here. My father filed a VA claim for his "nervous condition" in 1982 - The VA denied it saying "evidence did not establish service connection for PTSD - and disorder not shown by the evidence of record - your nervous condition not shown to have been incurred in service." With my parents now gone, my husband (retired USA LTC) and I now financially support my brother, who lives below the US Census Poverty level. His only income is SS retirement. He's on food stamps. This prompted me to re-file his claim. They came back with "disabilities claimed" of PTSD - reopen; Non-service connected Pension - new; Schizophrenia, residual type, competent; Scars - increase; Compentency - new; and Special Monthly Pension - new. My biggest obstacle has been gathering medical evidence for this claim. I was only able to submit the written diagnosis from his hospital for schizophrenia in 1978 (quite detailed though citing suicide attempt, paranoia, second coming of Christ hallucinations and all that); emergency center invoice from the local County Community Mental Health center in 1982, a physician's report of medical status (schizophrenia-form episode with depressive symptoms) in 1983. I also submitted relevant documents including the Probation Officer's consult with his mental health therapist agreeing his behavior arose from Vietnam combat experience, a Circuit Court judge probation condition that he undergo a year of mental health treatment, and a DMV suspension letter indicating license would only be reinstated on the condition that he file a psychiatric evaluation annually. I've reached out to the hospital, the mental health center, even the County Court reporter to get further documentation. All records have been destroyed in accordance with the state record destruction policy because it's been so long. The VA has now come back asking for "medical evidence of his permanent inability to obtain/maintain gainful employment". They didn't ask for a medical exam, they didn't offer a medical exam or Field Examination. They made no reference to PTSD or Schizophrenia. (Are they planning to deny it outright or are they perhaps accepting it based on his booby trap trauma??) There is no other medical documentary evidence to be had! I am creating a time line of sorts for them - showing his below poverty earnings and unemployment correlating to the times he was hospitalized and undergoing mental health therapy. DOES HADIT or ANY VET out there have any other suggestions for me as to how to tackle this lack of evidence in my response to the VA? Please come back to me --- they are asking for my response back within 3 weeks. Would greatly appreciate any comments.
  9. I have come to learn my medical evidence was withheld all my life due to "ANTICIPATION OF LITIGATION", from what I gather, and the VA used a couple FOIA EXCEPTIONS OR EXEMPTIONS in withholding them. I am asking why the VA would anticipate me suing them before I even got discharged? Just asking. Thanks Victor Ray
  10. Like Shipyard7 it's been a long battle for vendication and will be longer to accomplish what needs to be corrected. I should have been medically retired with full pay, full medical for life, full Exchange privileges, and everything a completely disabled veteran is entitled to as of the day before left Vietnam with a Form DA3349 declaring I was permanently defective in the body organs and systems preventing me from performing at full capacity except for short periods. The P-3 is permanent and supersedes all other profiles. i tried for several months to get any medical records I could while still on duty, but was told for 3 months they were lost. THEY NEVER WERE. I was in the Mekong Delta and was eaten alive by Mosquitos, but had bone pain, abdominal pain, liver pain, acne, heart rate as 90 bpm to 60 bpm at rest. I was hospitalized in Vietnam 21 days then medivaced to Japan for more tests. Those records are lost or withheld, but I was told I was the 5th guy to come out of Vietnam with urticaria to that degree, and they don't know what caused it in any of the previous cases either, but the others went home and seemed to improve, so I was going home too. I was released out of Great Lakes Naval Hospital about a week later, and sent "HOME AWAITING ORDERS", knowing I was going to be separated. I had over six months active and well over 30% disabled, so it meant full pay retirement, full medical and dental, eye care for me and family, full Exchange privileges, but instead I was deceived, retained on duty to deprive me of those benefits because the Agent Orange issues needed to be hushed, downplayed, not talked about and kept out of public view. I continued to deteriorate al the time even after being discharged. Two months later I was in a coma or comatose state for days, but may have been a week. My conditions are permanent and were well over 30% so it would be total. It should have been P & T from the day I left Vietnam, 46 years, 1 month, 20 days. Having my records withheld all my life, kept me from seeing the evidence, or showing the conditions to another doctor, and the VA refused to treat me as well. This was a bad case of hide this guy because he "IS the evidence" and I was ignored, downplayed, turned away, but should have been on the nightly news, every night until a settlement is reached. I haven't gotten any truth yet, but did get some "altered records." That came from the VA itself". Tont at the VA said some of these looked suspicious, like they are altered, and I said thank you, thank you, thank you. That's exactly what I have been telling everyone, but no one listening. Three years of daily calls to St. Louis and still working at vindication. I had chloracne and a half dozen other conditions that are now presumptive, but the hired gun examiner said I had atopic dermatitis with generalized Pruritus. shipyard7, when did you initially file? Congratulations victor ray
  11. My brother's Ischemic Heart Disease as a result of Agent Orange exposure as a Marine Rifleman in Quang Nam Province in 1969-70 was just approved - and rated at 60%. Another AO disability of Diabetes II was also approved at a 40% rating last summer. These, combined with his previous disability of scars/lack of motion from his battle wounds, gives him a total combined disability rating of 80%. I couldn't have done it without the help of HADit. I had no clue about the claims process when I started. I am still going to keep plugging away on getting a schizophrenia nexus. But I wanted to say thank you to everyone out there in the HADit community that has given me guidance. God bless you.
  12. Victor Ray


    I have found that the VA has had evidence decades before they say they knew. They have been deceiving us, Liang to us, and depriving due benefits for 5 decades at least, and me personally for 46 years. They are dishonest and deceptive, and have been the root cause of Veterans suffering to death, needlessly. Over 300,000 and it's probably double that at least. Your claims are delayed to deceive you and delay you, nothing more. NOTHING MORE. My claim went from the crooks in St. Louis, to the lazy jerks in Atlanta, to to numb nuts in Nebraska, to the warped minds in Waco, TX, before determining that the month I was hospitalized in Vietnam did little to nothing. Since July I had another stroke, now a brain hypodensity,and the coma and migraines on duty don't mean crap to the liars at the VA. They lied to deprive me of a life, and they did. Despite 20+ FOIA Requests, they withheld medical evidence and documents that could have changed my life, so they just say screw you, go die. They knew all along, and are lying to you now.
  13. Getting ready to file a new claim for Agent Orange symptoms for my Vietnam Vet brother who was on the ground as USMC rifleman for 9 months, until he was WIA by a grenade booby trap. He was found to have hypertension and his USMC ENTRY physical showed him ineligible to serve -- then they gave him 3 more blood pressure tests and someone scratched threw the 'hypertension' and said ELIGIBLE to serve. His USMC exit physical after recovering from his wounds in 1970 also showed hypertension. In 2008, a physical showed hypertension, along with abnormal EKG with doctor's notes indicating cardio infarction and possible A-fib. I just had a private doctor give him a physical last week and he's diagnosed again with hypertension, and EKG abnormalities, with a referral to a cardiologist. I am still waiting for a copy of his C&P physical exam from April. Is this enough to claim IHD? There is no time limit (from date of discharge) to file for IHD from Agent Orange right ? Also awaiting blood work / diabetes screening and Diabetes Type II claim may be in order as well. Any suggestions / guidance is greatly appreciated.
  14. ZERO Rating Decision received! "The previous denial of service connection for PTSD is confirmed and continued. The evidence does not show a current diagnosed disability". "The previous denial of service connection for schizophrenia, residual type, competent is confirmed and continued. The evidence does not show an event, disease or injury in service. Your service treatment records do not contain complaints, treatment, or diagnosis for this condition. The evidence does not support a change in our prior decision. Therefore we are confirming the previous denial of this claim. Doesn't being WIA with purple heart from grenade booby trap show an event and injury in service? Furthermore, they made no mention of Agent Orange disabilities claimed (hypertension, ischemic heart disease, etc) even after I responded to 8 of their questions on this disability. They did concede 50% schizophrenia NSC as well as INCOMPETENT requiring my brother to engage me as Fiduciary. Also gave him 40% combined for osteoarthritis and muscle strain SC for his wounds in arm, heel, and knee. At least he'll get this money. But I am utterly flabbergasted and discouraged that they would deny him the major PTSD and Schizophrenia claims. Guess I'll be taking to higher authority now --- Berta, Bronco, anyone ?
  15. I do believe I have uncovered a CUE! Service medical treatment records from Da Nang and Japan Naval Hospital indicate shell fragments received by my brother from Vietnam booby trap explosion lodged in his arm, back of knee, and heel. Also the military separation physical exam shows scars at all three wound sites. However, at the time of his C&P exam in 1983, the orthopedic VA doctor indicated there was a metallic foreign body in his heel and stated "most likely from old trauma" and that the Naval hospital reported that "all shrapnels were removed". From that point forward, the VA completely overlooked his heel wound. He was granted a service connected disability of 0% for his arm and knee. No mention of his heel. At his recent C&P exam last month (filed for re-open claim) they did not x-ray his heel. This is like the example "a decision awarding benefits based on a single gunshot wound when the veteran had two gunshot wounds is a CUE". He still carries the shrapnel in his heel -- and limps from it -- and this was mentioned in his statement for the new re-opened claim. I am anxiously awaiting the new rating decision for his other disabilities -- PTSD, Schizophrenia, etc but this appears to me, as a novice, that there is certainly an argument for a CUE with the VA -- going back to 1983. Anyone ?
  16. Hi everyone. I am new to this site and want to commend all of the Veterans and advocates who devote endless time and energy into those who are new to the claims process. I will try to keep it short. Some background- My dad, 68 years old, is a Vietnam vet. He was drafted and served 6/68-3/70. He is currently rated at 80%. He initially claimed "injury to both feet" in 1983 and was denied. Needless to say, information was not as readily available in 1983 and like he said, "I was busy raising a family to fight the VA." He claimed foot disorders (plantar fasciitis, foot injury) again in 1996, 2004, and 2010 all denied because medical evidence of service connection was not found. Fast forward to November 2015 when I got involved. He has gotten to the point where he cannot stand for more than 5 minutes without pain. It breaks my heart. I immediately jumped head first into his records and I am just amazed at what I found. His SMRs clearly show symptoms, treatment, and diagnosis while serving and he was treated prior to 1983 in non govt facility and since 1983 at the VA. Here is a timeline of treatments found in SMR- CHRONIC FOOT CONDITIONS-EXHIBIT B 1968-1970 1/22/68 –“Foot Trouble” marked “No,” Exhibit A, pages 1-4 6/25/68- reported for duty in Ft. Benning, GA, Exhibit D, page 1 7/16/68- “Feet are going flat” reported to clinic, referred to podiatry for “Falling Arches” Exhibit A, page 10 7/16/68- podiatry clinic notes “stress fractures at the insertion of the tendo-Achilles” prescribed heel pads and light duty, no running. Exhibit A, page 10 7/22/68- “no improvement” expedite to podiatry again, Exhibit A, page 11 7/22/68-notes “bilateral stress fractures of os calcis, still having trouble with feet” Exhibit A, page 11 8/6/68- clinic notes “pain over heels when pressed, bilateral stress fractures,” Exhibit A, page 12 8/9/68-no significant change, “feels arches have fallen since in Army,” “deep aching both feet, ankles and feet,” jelly casts made. Exhibit A, page 13 8/16/68-“still having trouble with feet, pain in both heels for 2-3 weeks, notes that “heel pads make pain worse.” Exhibit A, page 10 8/16/68-“clinical early bilateral stress fractures” noted, patient claims that “arches have fallen since in the Army,”… “pain in both plantar surfaces and heels.” Exhibit A, page 14 8/27/68-9/6/68-“admitted to ER with cellulitis of the knee, deep pain under patella” Exhibit A, pages 15-19 9/10/68-“cellulitis is improving, patient has had chronic problem with feet since BT, having constant dull aching feet especially when standing.” Exhibit A, page 19 9/11/68-“tenderness plantar aspect of both feet,” Exhibit A, page 20 9/17/68-(Dr. notes frustration) “This man has painful feet . . .not getting better . . . this man needs some concrete answers as to what the problem is and what to expect” refers to orthopedic clinic for “chronic foot pain”, Exhibit A, page 20 9/17/68-“having constant dull aching feet, especially when standing, feet both significantly flat, pes planus” Exhibit A, page 21 9/17/68-“Chronic foot pain-seems real, 21 year old complains of dull aching pains in both feet, completely fine except for flat feet, insoles as per podiatrist” Exhibit A, page 22 9/17/68-“symptomatic of pes planus,” custom arch supports ordered-make casted molded arch supports to hold heel in neutral,” Exhibit A, page 23 10/15/68-orthopedic clinic notes “pain in ankle joints, more painful when barefoot” “no relief from pads” “Flexible, pronated flat foot while standing” Exhibit A, page 24 10/16/68-Physical Profile Record-notes “Flat Feet, no guard duty” Exhibit A, page 26 10/22/68-no change, “symptomatic of pes planus, continue arch supports, refer to podiatry and orthopedics” Exhibit A, page 27 11/6/68-“despite Thomas heel, no improvement of pain in arch of foot”, “referred to orthopedics for heel buildup” Exhibit A, page 28 12/5/68-patient complains “feet are sore from result of falling arches, dull, deep pain after standing less than 15 min, when pain is severe, progresses up left leg,” notes about changing MOS from infantry, “leaving only flat feet as the diagnosis” Exhibit A, page 30 1/22/69-Fort McClellan, AL-noted “pain in feet, knees, thighs and back,” “Dr. is frustrated) with options-“I have nothing further to offer this man since every modality I would use has been used by the podiatrists at Benning.” “He presently has heel lifts and Thomas heels on boot, patient should be seen by orthopedics for back.” Exhibit A, page 32 2/13/69-“still problems with feet and heel, noted Achilles tendon insertion area, ordered hydrocortisone injection at Achilles tendon, “more padding in boot.” Exhibit A, page 33 3/69-Leaves for Vietnam Tour 4/28/69-Skin condition treated, on face, Exhibit A, page 35 6/13/69-contracted Malaria in Vietnam (already SC-0%), Exhibit A, page 46 8/19/69-“cellulitis on bottom of feet and toes” (infection of calluses), admitted to hospital to treat, Exhibit A, pages 49-50 11/26/69- reports of “6 months of calluses on both plantar areas, pes planus, reoccurring watery vesicles on both feet, bacterial infection of calluses” Exhibit A, page 49 ***pain was present the entire time while in Vietnam. There was really nothing that could be done about it. There was no need to complain to the medic.*** 3/20/70-Returned from Vietnam 3/20/70-Separation exam “Foot Trouble” marked “yes” “Skin ulcers on bottom of feet” noted in explanation box-(These “ulcers” were the infected calluses) Exhibit A, page 53-54 Clearly he was treated for foot conditions while in service. I have reopened claims for plantar fasciitis, etc.Does anyone see a case for EED based on CUE? (38 CFR 3.156) Here is the "4th Pillar" in my recently submitted claim. IV. Effective Date Please consider all of the evidence presented. I have reviewed my service medical records and it clearly shows that my pes planus was acquired while in active service. Throughout my claims history, I have assumed that my service records were being used to adjudicate my claims. I requested my SMR in 2010 via FOIA request. I was sent two (2) separate packages dated April 22, 2010 and September 26, 2012. These packages were not identical. The 2012 package had additional service medical records. From my understanding of 38 CFR 3.156 (c, c4), the VA is required to review my C-File for the evidence used in adjudicating my historical claims. Also, please note for the record that I was never informed that my service records were not available to be used to adjudicate my claim(s). The only correspondence was from St. Louis and referencing inpatient records from DaNang Army Hospital. This was not communicated to me until April 14, 2010. This hospital stay is not absolutely necessary to prove service connection, so it is irrelevant. Based on the reasons I was denied and the service medical records not being lost or destroyed, it is my understanding that my initial claim date of May 13, 1983 would be the correct effective date and retroactive evaluation would be made. The reason these records were delivered separately and two years apart is unknown. One possibility could be misplaced files and if that is the case, I feel that the new evidence obtained would fall under the 38 CFR 3.156 regulations. Or, if all of the evidence was available at the time of the initial claim decision, then it would qualify as a Clear and Unmistakable Error (CUE). Please note, I am not filing a CUE on this matter. I am just adding justification for an earlier effective date. The VA was required (even before 2000’s Duty to Assist) to assist the veteran by getting necessary Federal records. All of the necessary information needed to get these records was provided by me and it is noted in my Rating Decisions for other conditions. The various medical treatment notes for foot injuries and other foot conditions while on active duty have been available all along. The reason for denial always noted no medical evidence of service connection. Regardless of the reason, I initially claimed foot injury/plantar fasciitis in May 1983. I claimed these same conditions again in 1997, 2004, and 2010. These foot condition (s) have been ongoing and chronic and I feel I should be compensated based on the evidence available through my claims history. I wish I had known about this wonderful community before I submitted his claim, but if he is denied again, the claws are coming out! LOL! Don't mess with a girl's daddy! Haha. Any advice would be appreciated! Thanks!
  17. If VA adds bladder cancer to the list of conditions presumptive to Agent Orange exposure then it could spell backlog (and Nehmer) once again for VA. Possibly a smaller backlog, but nonetheless a backlog. It's currently under review by VA once again. https://www.propublica.org/article/vietnam-vets-push-va-to-link-bladder-cancer-to-agent-orange I know there are many different pushes to have conditions or service areas added, but in my experience with VA they will attempt to take the smaller groups first. Go figure.
  18. My mother agreed to let me handle filing a claim for my father. You see he passed away in 2000 at the V.A. Hospital. I need to know how to handle this. I am guessing that I need to obtain his C File, review it and put together the proof needed to show that he died because of service connected disabilites. He was 100% PT but not for 10 years so my mother does not receive any compensation because of it. Personally I think the V.A. was guilty of malpractice. They were treating him for pneumonia as an inpatient and he died of myocardial infarction. But I digress. I would like to see if there is any way that I can link his Sc'd issues with his cause of death so I can help my mother bet DIC. I need to review his records but I believe that he had PTSD, Agent Orange, Electrocution residuals???, Osgood Slaughters, and maybe a few other things. He was 11th Calvary F troop Vietnam 1967 and 1968 and I believe he was at Tet and a few other major battles. He may have been a tank mechanic or driver not sure. How do I proceed. I am sure this has been covered somewhere and I am just not finding it. If someone knows where I can find the info on the steps I need to take for a claim like this. I am pretty fluent in filing claims for current issues but on the Vietnam side of things its a little hazy. Thank you in advance Doc
  19. Active duty son trying to get some advice on how to handle my dad’s VA claim. I appreciate any feedback and suggestions on how to proceed. My dad who is 78 years old is a Navy veteran of 23 years and served in Vietnam. He was stationed on the USS Kawishiwi (AO 146), which is a Navy ship on the VA’s “brown water” list (http://www.publichealth.va.gov/exposures/agentorange/shiplist/list.asp). My dad filed a VA Claim in 2003 for several diseases related to Agent Orange to include Type II diabetes, Heart Disease (had quadruple bypass, angioplasty, and splints done), Hypertension, various skin conditions, Gall Bladder and Liver conditions. The documentation that VA acknowledge receiving for this claim included his VA Form 21-526, VA Form 21-4142, Copy of his DD214, VA Form 21-22, and copies of medical records from MTF (Portsmouth Naval) and various civilian doctors. Unfortunately I don’t have a copy of the decision letter for this claim but I know he was denied the claim as these medical issues on his EBenefits “Disabilities” page have these medical issues being “Not Service Connected” My question is shouldn’t at least some of the issues be defaulted as “Service Connected” due to Agent Orange exposure as a “brown water” veteran? Most of the research I’ve done state that a Vietnam Veteran who have any of the diseases (http://www.publichealth.va.gov/exposures/agentorange/conditions/) and can prove that they were in Vietnam as either “boots on the ground” or “brown water” should receive VA compensation. If this is the case why was my dad denied his claim? So again I’m looking for advice on how to proceed. 1. Do I file a new VA Claim for my dad’s diseases related to Agent Orange? 2. If I file a new VA Claim what will the date be for his benefits? Will it be the date of this new claim or can they revert back to the original claim date from 2003? 3. Should I not open a new claim and try to reopen the original 2003 claim? Note: My dad is already receiving 40% disability for hearing loss and tinnitus. I wish I could have been more on top of this for my dad but I haven’t lived in the same area as him for 18 years and its difficult trying to stay on top of things. I was home visiting for Thanksgiving and spent some time going through his documents and wanted to see what I can do. I’m now committed to working this through resolution. My dad is a hard worker who worked 2-3 jobs most of his life to support his family. I would love to see him get these benefits that he deserves.
  20. Hello everyone, I am in the early stages of helping my father file some claims. We received his C-file recently and I went through it very carefully. He spent one year in Vietnam during the late 1960's and retired around 1990. After having MRI's done each year, my father was recently diagnosed with early stages of dementia and put on aricept. Dementia does not run in our family on either side as far as we have researched. The only head injury claims in his medical records are detailed below. 1. I found a medical record from Vietnam from a motor vehicle accident. It does not say much, but it does indicate that he was pinned under the vehicle. Back then the records he has are limited to just a couple of sentences. My mother said he mailed her pictures of the crashed vehicle, but he are looking for them in boxes. I don't think it explicitly explains head injury, but one might assume that being thrown and pinned under a vehicle during an accident would result in one. I realize the VA does not think this way. 2. I found another record from the late 1980's where he hit his forehead while walking underneath an artillery cannon. Apparently, he was knocked out cold and transported to the base hospital via ambulance. We also have a nice home video of him removing the bandage to see the nasty wound. Now here's where it gets tricky... I also found a number or medical records, especially in the 1980's, where my father was treated for insect bites/stings from mosquitos, bees, chiggers and ticks. In one record, he reported having over 100 ticks on him. Some records also report a large circular-shaped rash in conjunction with being bitten. The medic actually drew a picture on his records. I looked carefully for lyme disease. After looking on on the web, I found that some patients with lyme disease develop memory loss and problems with concentration. I know we need to get him checked for Lyme disease titer. I know an IMO would also help a lot. Are there any other recommendations or ideas?
  21. Merry Christmas, Young Warriors This is a tribute to all the Vets who knows how many are left They were proud in their day But they lost their youth In a place far away Today, They are not the same men How many is left in ten? They went to war, So we can Enjoy Being Free Today some try to enjoy Football on TV At night they try to dream Once they were all, Part of a really proud team Caualties of War some may be, But still they enjoy the ornaments, On the Christmas Tree, What's Left of that crowd? Still stand proud When It's all said and done Shall Heaven open its door for everyone!!! S.Q.Behlke USMC VNV
  22. I ran across this interesting website. It contains quite a lot of great information but, for Blue Water Sailors, you can track any typhoons you ran through in a given year. Obviously, the storms of interest would be the ones that traveled into and through Vietnam. There's no doubt the sea and seabed would have been heavily roiled and any dioxin laden material would have been suspended in the water for quite a long time and who knows how far it would have traveled. I wish I'd seen this site while my claim was still at the VARO, or at least, the BVA. It would certainly add ammunition to go with the RAN study and the ensuing IOM confirmation of that RAN study. There were, for instance, 26 in '70, 36 in '71 and 31 in '72, the years I spent full tours. My short stint over there in '73 had none in the 45 days I was there.
  23. Many civilian workers at the Corpus Christi Army Depot who repaired UH helicopters during the Vietnam war were exposed to Agent Orange. The Army states that the helicopters were decontaminated before coming to the states for repairs. This is not true. Does anyone know if the Army did indeed try to decontaminate the helicopters before they shipped them off to the states for repairs?
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