Need Help For Nephew

[kkp]

I have a difficult question concerning my nephew.

To start with I have known him all of his life. and can verify he seemed perfectly normal growing up.

He Joined the national guard in wv and was sent to Fort Dix for basic training, This was in 1978.

After four weeks he had a break down. Most of us have witnessed this,and I know many of you didn't hold these kind of type of trainees in very high regards, as I myself didn't until recently.

To the best of my knowledge he has only had one job since his discharge. He received counseling continuously since getting out and been admitted on several different occupations through the years.

By being in the national guard I didn't know if he would qualify for help from the va. Some one took him to the va in Dublin Georgia in 1990.Appearntly He qualified for medical help, And has been receiving medical treatment through the va since. I will add he has been admitted in their mental ward on several occasions. He still lives with his Mother who is getting old and can't last much longer.

I have tried to get him to file a claim for disability for five years, and he always promises me he will. I live in wv and it is when I am visiting my sister that he tells me this.

two years ago I realized He didn't have the ability to do this on his own so I took him to a s.o. for the American legion. Naturally he didn't think it would do any good to file a claim, but when I showed him his va medical card, an the fact he had been receiving care through the va for the last fifteen years he agreed he should file a claim. As it turned out he had filed a claim in 1990, and his claim was denied.

It is really pitiful what happened. He dose not have the mind to do anything on his own,and his family is not very well educated, so they were no help, and his rep is in la la land.

I finally ask his sister to fax me everything he had on his case. He had his denial from 1990. and what the va need to proceed with his case. (he doesnt remember filing a claim, nor did he have a rep) When we filed the knew claim the va told him since the claim had been denied he needed new evidence to reopen his claim. The va also sent him a letter in Feb. and April 2007 telling him what he need to send them. I don't know what his rep did with all this info but there's no record of any action on his part. My nephew had neatly stack every piece of paper he had received from the va in a drawer, but didn't have the least idea what they were.

I know this is a long post and it still may not make a lot of since, but boy does he need some help.

With what I have posted My question is would he qualify for using a Lawyer. I want to help but don't know where to begin. The va wants proof of treatment from his discharge to date. Of course He was treated by the va MHC since 1990. These records are easily attainable. He was institutionalized several times through state run organizations from the date of his discharge to 1990. Its clear to me that his rep is not going to help, and his family is inept, and I am to far away.( by the way My nephew told me recently he would be going to IRAN soon) Like I said earlier, This Vet.(and I mean vet in every since of the word needs help) needs help.

any advice would be appreciate, thanks KKP

[Josephine]

I have a difficult question concerning my nephew.

To start with I have known him all of his life. and can verify he seemed perfectly normal growing up.

He Joined the national guard in wv and was sent to Fort Dix for basic training, This was in 1978.

After four weeks he had a break down. Most of us have witnessed this,and I know many of you didn't hold these kind of type of trainees in very high regards, as I myself didn't until recently.

To the best of my knowledge he has only had one job since his discharge. He received counseling continuously since getting out and been admitted on several different occupations through the years.

By being in the national guard I didn't know if he would qualify for help from the va. Some one took him to the va in Dublin Georgia in 1990.Appearntly He qualified for medical help, And has been receiving medical treatment through the va since. I will add he has been admitted in their mental ward on several occasions. He still lives with his Mother who is getting old and can't last much longer.

I have tried to get him to file a claim for disability for five years, and he always promises me he will. I live in wv and it is when I am visiting my sister that he tells me this.

two years ago I realized He didn't have the ability to do this on his own so I took him to a s.o. for the American legion. Naturally he didn't think it would do any good to file a claim, but when I showed him his va medical card, an the fact he had been receiving care through the va for the last fifteen years he agreed he should file a claim. As it turned out he had filed a claim in 1990, and his claim was denied.

It is really pitiful what happened. He dose not have the mind to do anything on his own,and his family is not very well educated, so they were no help, and his rep is in la la land.

I finally ask his sister to fax me everything he had on his case. He had his denial from 1990. and what the va need to proceed with his case. (he doesnt remember filing a claim, nor did he have a rep) When we filed the knew claim the va told him since the claim had been denied he needed new evidence to reopen his claim. The va also sent him a letter in Feb. and April 2007 telling him what he need to send them. I don't know what his rep did with all this info but there's no record of any action on his part. My nephew had neatly stack every piece of paper he had received from the va in a drawer, but didn't have the least idea what they were.

I know this is a long post and it still may not make a lot of since, but boy does he need some help.

With what I have posted My question is would he qualify for using a Lawyer. I want to help but don't know where to begin. The va wants proof of treatment from his discharge to date. Of course He was treated by the va MHC since 1990. These records are easily attainable. He was institutionalized several times through state run organizations from the date of his discharge to 1990. Its clear to me that his rep is not going to help, and his family is inept, and I am to far away.( by the way My nephew told me recently he would be going to IRAN soon) Like I said earlier, This Vet.(and I mean vet in every since of the word needs help) needs help.

any advice would be appreciate, thanks KKP

kkp,

Good to hear from you.

From what I understand, a letter from a Physician stating "it is his opinion that your nephews mental condition began in service" is " New and Material Evidence and the VA must re-open the old claim."

Your nephew did as I did, filed without a representative, not that they are that good, but sometimes there names comes in handy.

Does he live in the State of West Virginia also? From what I understood, he does not.

I have found that the " National Level " of the American Legion to be extremely helpful. They have answered countless questions for me, although my rep is in West Virginia. Just about name only.

Most of us have witnessed this,and I know many of you didn't hold these kind of type of trainees in very high regards, as I myself didn't until recently.

.

Do you have any ideal of what happened to him while he was in basic training? I know that they put me through hell with that darn " Swimming Pool". For this I am still hoping to make them pay for taking my life also.

Thanks for posting,

Josephine

Edited July 1, 2007 by Josephine

[john999]

KKP

What was the nature of his discharge? Was it a medical discharge? Even if he served one hour in uniform any disability he incurred in service should be compensable. It is as if he fell of a truck in basic training and broke his back on the first day. I bet the military pulled a fast one on him regarding the character of discharge. They may have claimed it was pre-existing but that is not enough to deny him. Schizophrenia is a mental disease not a personality disorder. If service aggravated or precipitated his breakdown then he should be eligible for compensation. If he broke down in combat or in basic what is the difference once he put on the uniform. If he had gone to Vietnam and cracked up in combat their would be no question of disability. I think he should get a lawyer. What does his DD214 say about why he was discharged.

[Berta]

"The va also sent him a letter in Feb. and April 2007 telling him what he need to send them. I don't know what his rep did with all this info but there's no record of any action on his part"The rep could only send in a 21-4138 along with this info ----Did your nephew send in and also keep copies of whatever the VA asked for in that letter-it was the VCAA letter and they should have sent him an election form with it that he had to choose one of two boxes, sign, copy and send back to them.

As the new regulations stand- a vet can retain a lawyer under the new law only if the vet had filed a NOD on or after June 20, 2007.

Since he knows where all of his VA paperwork is-meaning neatly stacked in a drawer-it would be good if he would just send it all to you and maybe through all that you can determine what else he needs to do-A lot is resting at the RO on that election notice- if he ignored this notice or never got one with the VCAA letter-the VA-without an election notice response- will most likely not do a thing- and at some point transfer his claim to the BVA.The Rep can access the VA PCs and tell what is what there as to a status-I am sure the rep would speak to you in his behalf- my reps let me talk for vets -but the 800 # people would need his permission to talk to you about his claim.I understand your frustration- it took me years to get a mentally disabled friend of mine to ask the Military for something and then when he got it- to send it all to the VA.Years because I thought he sent it in -he said he did but they sent his case to the BVA-and then 2 years later he called me and has just found it in his desk- the nexus for his mental disorder.Luckily he did win his claim at the BVA. 100% P & T.Mega retro- but he could have succeeded much sooner.Does the nephew have a wife or significant other or someone who takes care of some of his needs? They should be able to help too."

Edited July 1, 2007 by Berta

[Hoppy]

kkp,

The first thing you need to do is establish the exact diagnosis at the time of discharge. It sounds like you are taking peoples words for what the discharge was for. Over the years the diagnostic requirements have changed and there are schizophrenia, schizo-affective disorders and schizo-typical personality disorders. I think John is right and that he was probably discharged for something other than schizophrenia. The schizophrenics I know were hospitalized and service connected at discharge. Dumping a schizophrenic out of the military without treatment should result in a congressional investigation. The exact nature of the discharge will give us a better focus as to how to deal with his case.

I know people who were diagnosed with schizophrenia while in the military and after discharge. The case will probably be rather complex. Josephine suggested a medical report as new and material evidence. This is a good approach.

You will be in a better position to battle the VA if you get a doctor (preferably VA since they have been treating him) to look at his SMR and if the doctor gets motivated to help the case will move easier. I have seen doctors pressure SO's to push a claim. It is rare but it does happen.

In cases such as this it usually does require that a family member get involved and assist the veteran. The veterans I have known did not want to deal with SO's unless a family member or a doctor was pushing them.

[kkp]

Thanks for the advice Guys

In the material that was sent to me is His discharge from the Department of the Army and air force

National Guard Bureau

REPORT OF SEPERATION AND RECORD OF SERVICE IN THE ARMY NATIONAL GAURD OF WV AND AS A RESERVE OF THE ARMY.

TYPE OF DISCARGE HONORABLE

On line 23 Military qualifications

NONE THIS PERIOD

LINE 30servive schools attended and dates

NONE

LINE 31 reason and authority for discharge

FAILURE TO CMOPLETE BASIC TRAINING

Line 32 remarks

NGB FORM 55 MAILED TO EM AT LATT KNOWN ADDRESS

LINE 33

signature of person being discharged

(FULL NAME)

em not available for signature

He entered the guard on 17 Dec. 1976-- date of discharge 14 april 1976

He was sent to Fort Dix for basic. He was there for four weeks three of which s spent in a mental hospital.

I have no records from the Hospital but will attempt to attain.

All I have is 30 pages of treatment records from the Dublin va mhc.

The starting paragraph states

------- ------is a 31 year old white male vet admitted to 7/15/ last Friday. the date on this is 11/26 90

The patient admitted to visual and auditory hallucinations and ideas of references. He was hospitalized once at csh milledgeville 3 or four years ago ater violent behavior. Patient ha his first psychotic break in 1977 after one month of basic training and diagnosed schsyopherenia paranoid type.

Diagnostic impression schizophrenia, paranoid type, chronic

This is only the first paragraph of thirty pages of treatment in 1990.

Berta it seems the va tried every way possible to aide him in his claim, and yes he received everything you mentioned in your reply. My Nephew has no mental facilities at all. He thought all the letters he received were good news. And his Family who seen the paper work doesnt seem to have a clue.

I am sorry to say, but I think is rep is in the same boat.

He file he claim and received a letter to assist within two weeks.

He received a letter advising him that a claim had been filed in 1990 and had been denied for lack of evidence, and new evidence would be required to re open the case. I am in the dark as to what new evidence was sent, but the case was reopened.

No other evidence was sent so his claim was denied.

His rep did then send an nod in feb.07. The new evidence he sent was a copy of their own rules for the disease.

I have in my possession a letter from the va saying the case would be turned over to a dro. And to make matters worse the rep checked the box no further evidence.

I think you get the picture. I have until Nov. 07 to send in new evidence.

Here's My plan

1. try to get his hospital records from Ft. Dix,as know one has to this point.

2. the hospital in Dublin referred to him being admitted to another place in Georgia. I will try to get those records also.

3. I talked to my Sister last evening and she also said he was admitted to a mental hospital while they lived in Indiana in the late 70's., I will attempt to get those.

4. The rep only got the records from the va hospital in Dublin for the year 1990.,He has been treated there to date, so I will get those.

5.After I get all this together I will make him an appointment with a board certified shrink, and attempt to get an IMO creating a nexus to his break down in the Military.

That is My plan. please advise if I am leaving anything out as I will only have one shot at this before it would go to the BVA. I may have my dates a little off but I am certain I only have until Nov. 07 to have this filed.

I have been lurking, not knowing enough to advise, but reading everything. Thanks to all who have responded and those who will respond, as I know you Guys love a teaser.

thanks kkp

[john999]

KKP

I can't understand how the claim was denied due to lack of evidence. The evidence is his weeks in a mental hospital in the military and the diagnosis of schizophrenia. On what basis did they say it was chronic if this was his first psychotic break? This is the military trying to say his condition had pre-existed his break. If a claim was filed in 1990, as it should have been, did someone appeal the denial? If the decision was final he might have a CUE since it boggles the mind how the VA could say there was a lack of evidence. Even if his condition did pre-exist his first psychotic break there is an assumption of soundness. This sounds like a case where everyone failed to protect the rights of a mentally ill soldier. I understand the Guard's position. They just want to wash their hands and not pay out pension or disability money. If you can run this by a lawyer who does VA work. Your relative may be entitled to SC right back to the day he was discharged. Something like this happened to me and I got service connection back to the day after I was discharged. I was in a lot longer but I was hospitalized and discharged and my evidence was the hospitalization. If he was incompetent when he was discharged and is incompetent today all the more reason to get a lawyer on this case. I wonder who was looking out for his interests if he was incompetent at the time he was discharged. I bet the military had an obligation to protect his interests but failed to do it to save money. Shame on these bastards I say. I bet there is some regulation saying he should have had representation if he was suffering from a psychotic episode and the military took action to discharge him.