Nam Vet

[JR Reihs]

I need some expert advise.

I am helping a Nam Vet try and get through this VA maze. He was 2 tours AF from the 355th TAC. The VA granted him 10% on his left knee (Arthritis) denied R- foot, R- knee, R- hip, denied AO exposure skin disease.

I met with him today, and went through some of his papers and filed for a extention of time ( 60 ) days to keep the claim tolling. I found a discharge physical......It states "trick knee refers to fluid on left knee, no comp.,no seq. foot trouble, pes planus right foot, wears arch supports and orthopedic shoes, well documented in medical records"

I cant beleive he realy had this all these years, but the VA also had this, but stated in the decision letter that no mention of R foot, leg, or knee plroblems were found while in service....C&P doc stated the same.

The VA is also saying that the skin disorder is denied based on the fact of record that the Vet was NEVER IN VIETNAM.....but his DD214 clearly states VSM with 2 clusters, he has battled these conditions since discharge in 1971, and is realy Hot that the VA would say he was never in country.

He had to take early retirement because of a R- hip replacement and the fact that his knees are shot and his R foot is a mess.

I know some here have Ples planus, and I need a little direction on this so I can see that the VA SC's his R-Hip , knee, and ankle.

I have some other angles I will work on for the other issues.

Thanks

[cloudcroft]

No expert here, but will post something anyway...might help.

The VA saying a vet wasn't even in country BS continues today...or is it the active duty military...I get confused they are so similar re: losing records. I was reading how one military wife had to find pictures of her husband over in IRAQ to prove he was there. Can you believe it? She has to have pics of him over there in the combat zone ( I believe he was one of the wounded guys at Walter Reed). That's outrageous!

WTH is wrong with the military's record-keeping?

And this isn't some dusty war 30+ years ago, it's TODAY for god sakes!

You may want to go online and request his Personnel records (i.e., his 201 file it used to be called). It can be done online and although it says there may be a LONG wait, I got mine fairly quickly.

http://www.archives.gov/veterans/evetrecs/

His personnel file should clearly state he was in RVN if he was there -- i.e., not a "Vietnam Era" vet who never had boots on the ground over there -- so while you are doing other things, I would complete the form online NOW (since it's the fastest way to submit it) and get THAT request in the works.

IIRC, there is a "comment" section at the end of the online submission process where you can say something like "I want my military personnel records/201 file" so they know clearly what you're after...it seems you already have his DD214 but you may want to get that, too, since by now it will probably be updated (and so complete), and you can compare it to the one he got years ago.

Others here will probably have more advice for you...

Good luck,

-- John D.

Edited July 28, 2007 by cloudcroft

[sixthscents]

JR,

By now you know that Ples Planus is simply flat feet. It's a rateable condition and if documented on his discharge physical, then you are probably ok, but would really need to verify by checking the entrance physical. It may say Ples Planus - moderate or mild (they actually used a stamp for it). In that case they would say it was cogenital. In short no comp for it. If the veteran has 2 VSM shown on his DD214 then that is sufficient to prove a foot in Vietnam - at least "more likely than not".

I would attempt to get his other records as you state, and his entance physical especially. Ples Planus is rateable, and I am currently working with an AF veteran and so far we've gotten 10% - I expect 30% will be the final conclusion.

It sound like you need to write a clear NOD stating that the rating official may have made a mistake and point out why and what proof you have to the contrary. They obviosly overlooked or didnt KNOW what VSM meant... lots of new raters out there, and it takes a while for them to learn stuff like this, so it's up to us to help educate them. I know, it stinks, but it the way it is. You'lll eat them to death on a NOD, just keep the TONE of the NOD professional....

Generally ALL my NOD's follow the same format as an Army memo... its clear and well structured. Include copies of the evidence to which you are addressing and highlight the issues, and where the proof shows the injury or service etc.

[JR Reihs]

Thanks for the replies....entrance physical is negative.

The VA never fail's to amaze me at any point, and the DAV is sitting on their hands but we have talked to a rep from the PVA who will look at the NOD before it is sent to the VA, he is one hell of a nice guy who realy seem's to know the in's and out's of the VA regs.

[Pete53]

In 1991 I filed for Service Connection for Panic Disorder. My Service Officer ordered up my records and he added a couple of things including pes planus or flat feet. I am very flat footed and my time in the Military did not help. My entrance physical was negative they were interested in bodies in 1968.

Anyway my SO asked for Pes Planus and on my C&P it was granted in record time for 30%. I got it with about 13 months retro and believe it or not that and a reliable 330 a month saved my sanity. By that time I already had SSD.

Bottom line if they won't give your guy a honest C&P he should bite the bullet and get an MD to write it up and hopefully link it to his service exit physical.

Good Luck and thanks for helping a Veteran

Pete

[JR Reihs]

Thanks Pete,

I am working with a very good ortho who helped me years ago on my claim, he was a former Naval doc and he has no respect for the VA, and he also done the Vets hip replacement.