Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Navy Friend Needs Some Direction

Rate this question


Guest jangrin

Question

Guest jangrin

Hey Hadit Members, Help PLease B)

My Navy "Viet Nam" era friend needs some direction. He was in the Navy in the sixty's and discharged in 1966. He was vietnam era but never in Viet Nam. He hurt his back and the Navy gave him a "medical" discharge for a broken vertebre in his back in 1966.

This vet worked in the construction business for many years and finally in about 1990, he had a back injury, then many surgeries but got no better. In 1994 he was 100% SSDI because of the low back.

We are getting his service records sent to him. But is there a way he can find out right now if he was ever rated for the back or exactly how he was rated. He diffinately states that they Medically discharged him for his back. If his back IS SC'd, can he file for an increase in rating or does he have to file a new claim? What are the steps he should do right away.

Also I will introduce him to our VSR but our VSR only is supportive, he makes the vet do all the work anyway. So I think Hadit is the place right now. All help and ideas are great. He will be joining Hadit as soon as Tbird can process him. Thanks everyone.

Jangrin

Edited by jangrin
Link to comment
Share on other sites

  • Answers 7
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

Recommended Posts

  • In Memoriam

Jangrin,

Hadit is the place for him. He needs to read the archives. There are just too many, but he will develop what it takes to win. The VSR and VSO's will get him at least 1/2 of what he needs, in time.

He needs a copy of his C-File, if he has one. This will show any prior VA decisions. He could have filed a claim in the past. He can get the C-File a lot quicker than going for the NPRC (National Personnel Records Center) records. Request a copy of his C-File ASAP.

Stretch

Just readin the mail

 

Excerpt from the 'Declaration of Independence'

 

We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which, would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity

Link to comment
Share on other sites

when i retired from the army in 1997, i simply just wanted to retire and GO- quickly. but one of the people that had to counsel me was a VSO rep. he asked me if i had any medical issues, and i told him no. he asked permission to review my medical records and had me sign a power of attorney.

the point is, some VSO reps are more aggressive than others. Get a copy of C file first then I would shop around for an aggressive VSO rep.

All transfer (seperation) points have them all as well as VA medical centers. I woud take my C file around to several or until I found one eager to help me

By the way, that guy that helped me at Ft Lewis got %100 p&t schedule!!!

Link to comment
Share on other sites

Guest jangrin

Thanks,

I don't think he has a c-file, can he call the 800 number and find out? If he has a cfile would it be in the state where he was medically discharged? Even though he is on SSDI I don't think he has ever used the VA for treatment.

He said when they discharged him, he was never told he had any benefits or that his back was rated. But he's positive he was honorable with medical because of his back.

Jangrin

Link to comment
Share on other sites

  • HadIt.com Elder

Jangrin,

If your navy friend was medically discharged from the service because of a "broken vertebre in his back," this leads me to beleive he probably received a disability rating from maybe the DoD and not VA. I'm pretty sure if he filed a claim back then and recieved compensation, he would certainly know that, unless they denied his claim or rated him at 0%.

If the the DoD rated him at any percent, that does not mean it is service-connected in the eyes of VA until they make that decision. Also, if he is able to obtain his SMR's himself from St. Louis, this would also lead me to beleive he doesn't have a disability rating from VA because if he did, the VA would have his SMR's and not the NPRC. A quick call or an IRIS inquiry to the VA with giving them his SSN would tell him if he is rated by the VA or not.

As far as which RO has his C-file in the event is rated by VA is hard to tell. If he didn't tell the VA of any address change back when he was rated, chances are his C-file is located at the RO in the state where he lived in at the time of his prior rating.

Now, if he does have a disability rating from VA, the only thing he needs to do is write a short letter to his RO stating he wants to apply for an increase in evaluation for his back. Also, if he does have a prior rating, and his C-file is located at another RO, just have the veteran write in that letter to his current RO he wants to have the VA transfere his C-file to the RO that has jurisdiction where he lives now.

Vike 17

Link to comment
Share on other sites

Guest jangrin
Jangrin,

If your navy friend was medically discharged from the service because of a "broken vertebre in his back," this leads me to beleive he probably received a disability rating from maybe the DoD and not VA. I'm pretty sure if he filed a claim back then and recieved compensation, he would certainly know that, unless they denied his claim or rated him at 0%.

If the the DoD rated him at any percent, that does not mean it is service-connected in the eyes of VA until they make that decision. Also, if he is able to obtain his SMR's himself from St. Louis, this would also lead me to beleive he doesn't have a disability rating from VA because if he did, the VA would have his SMR's and not the NPRC. A quick call or an IRIS inquiry to the VA with giving them his SSN would tell him if he is rated by the VA or not.

As far as which RO has his C-file in the event is rated by VA is hard to tell. If he didn't tell the VA of any address change back when he was rated, chances are his C-file is located at the RO in the state where he lived in at the time of his prior rating.

Now, if he does have a disability rating from VA, the only thing he needs to do is write a short letter to his RO stating he wants to apply for an increase in evaluation for his back. Also, if he does have a prior rating, and his C-file is located at another RO, just have the veteran write in that letter to his current RO he wants to have the VA transfere his C-file to the RO that has jurisdiction where he lives now.

vike 17

Hi one more question,

If the DOD rated him and discharges him from the Navy. And he does NOT have a VA rating, then is it time to start gathering all the records and get a second opinion regarding his back, and if the broken vetebre was a precursor to the eventual injury by predisposing his back to be weaken etc. and an opinion from a medical professional. (in a claim)?

Link to comment
Share on other sites

Guest jangrin

Helped my Navy friend ask for information from IRIS yeasterday.

Hopefully he will ne able to find out if he is SC'd or if he was discharges from the NAVY and rated by the DOD back in 1966.

Hi one more question,

If the DOD rated him and discharges him from the Navy. And he does NOT have a VA rating should he open a claim first or try and get his service records and medical service records first.

Jangrin

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • jERRYMCK earned a badge
      Week One Done
    • KMac1181 went up a rank
      Rookie
    • Lebro earned a badge
      First Post
    • stuart55 earned a badge
      Week One Done
    • stuart55 earned a badge
      One Month Later
  • Our picks

    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
    • Welcome to hadit!  

          There are certain rules about community care reimbursement, and I have no idea if you met them or not.  Try reading this:

      https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/

         However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.  

         When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait!  Is this money from disability compensation, or did you earn it working at a regular job?"  Not once.  Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.  

          However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.  

      That rumor is false but I do hear people tell Veterans that a lot.  There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.  

      Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.  

          Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:

      https://www.law.cornell.edu/cfr/text/38/3.344

       
    • Good question.   

          Maybe I can clear it up.  

          The spouse is eligible for DIC if you die of a SC condition OR any condition if you are P and T for 10 years or more.  (my paraphrase).  

      More here:

      Source:

      https://www.va.gov/disability/dependency-indemnity-compensation/

      NOTE:   TO PROVE CAUSE OF DEATH WILL LIKELY REQUIRE AN AUTOPSY.  This means if you die of a SC condtion, your spouse would need to do an autopsy to prove cause of death to be from a SC condtiond.    If you were P and T for 10 full years, then the cause of death may not matter so much. 
×
×
  • Create New...

Important Information

Guidelines and Terms of Use