Just Received My Brother C-file

[jessie0054]

Hello all:

You might remember that i had writen several months ago about my brother. He has been receiving a NSC Pension for many years, But didn't know why.

Today i received a copy of his C-File to see if he had filed a claim with the Va or what.

He had filed a claim for a back condition and nerves back in 1973. [ he was discharged in 1971]

In the C&P exam the examiner said that his c-file wasn't available at the time, But my brother had reported a fall with injury to his low back and recurrent back pain since then 2 months before discharge in 1971.

It was reported that an Lumbar Spine X-Ray had been requested. [ no x-ray report in the c-file]

From his service medical records i see he reported to "sick call" on May 2nd 1969 for low back pain, On July 8th and again on July 22 of 1969 he was treated for Lumbar Strain. And on Jan 28th 1970 he was treated for a back injury while lifting barrels. These were all during his Military Service.

As for the " Nerves" the rating decision states [ Special Neuropsychiatric examination revealed complaints from the veteran that his nerves get bad and he shakes all over and he worries continually. [[[[ Had this before he went to service]]]]

It also said [ Service Medical records are entirely negative with regard to complaints of a nervious condition or diagnosis of a nervious condition of any kind. A report of VA outpation treatment dated july 30 1973 refers to periods of depression, treatened sucide and irritability which were decribed as a budding tendency toward schizophrenis.]

My brother had mental problems before he ever went into the service. He didn't have pass an 8th grade education and that had been is special education. I'm not even sure how he got into the Army to start with. Out of 8 children my brother seemed to be the one who was abused most by our father.

In my opinon the many 'Sick Calls] for a number of various aliments were indeed due to his nerves and he didn't know how to say really what was the real problem.

I remember it took a realy long time for him to ever make through boot camp.

Now that i have this information how can i make it work for him today??

His condition hasn't improved!! His back condition has only worsen and has had 2 fusions on his cervical area. Had lung cancer, Colon Cancer. There were several sick calls for lungs hurting coughinhg. " Stomach problem" He now lives with our mother since his wife died and he is unable to stay alone and unable to care for himself. She's 78 years old.

Jessie

[free_spirit_etc]

Has he been getting continuing treatment for his lower back through the years? Did his injury lifting the barrels affect his cervical spine? Has he been in treatment for the nervous condition? And if he had that before he went in - you would have to be able to show that his military service worsened the condition.

You've got over 30 intervening years to cover though --so it could be quite a challenge to create the nexus.

I think that it is great that you are so supportive of your brother! B)

I think you would really have your work cut out for you in making this claim stick with the VA. Of course, there is a lot of information I don't know about your brother, his health, etc.

As to the lung cancer. Was he in Vietnam?

On the other conditions -you might want to talk to his doctors and see if they think they could be related to the service.

Have you considered seeing about increasing his pension -- if he is housebound or needs aid and attendence?

Free

Hello all:

You might remember that i had writen several months ago about my brother. He has been receiving a NSC Pension for many years, But didn't know why.

Today i received a copy of his C-File to see if he had filed a claim with the Va or what.

He had filed a claim for a back condition and nerves back in 1973. [ he was discharged in 1971]

In the C&P exam the examiner said that his c-file wasn't available at the time, But my brother had reported a fall with injury to his low back and recurrent back pain since then 2 months before discharge in 1971.

It was reported that an Lumbar Spine X-Ray had been requested. [ no x-ray report in the c-file]

From his service medical records i see he reported to "sick call" on May 2nd 1969 for low back pain, On July 8th and again on July 22 of 1969 he was treated for Lumbar Strain. And on Jan 28th 1970 he was treated for a back injury while lifting barrels. These were all during his Military Service.

As for the " Nerves" the rating decision states [ Special Neuropsychiatric examination revealed complaints from the veteran that his nerves get bad and he shakes all over and he worries continually. [[[[ Had this before he went to service]]]]

It also said [ Service Medical records are entirely negative with regard to complaints of a nervious condition or diagnosis of a nervious condition of any kind. A report of VA outpation treatment dated july 30 1973 refers to periods of depression, treatened sucide and irritability which were decribed as a budding tendency toward schizophrenis.]

My brother had mental problems before he ever went into the service. He didn't have pass an 8th grade education and that had been is special education. I'm not even sure how he got into the Army to start with. Out of 8 children my brother seemed to be the one who was abused most by our father.

In my opinon the many 'Sick Calls] for a number of various aliments were indeed due to his nerves and he didn't know how to say really what was the real problem.

I remember it took a realy long time for him to ever make through boot camp.

Now that i have this information how can i make it work for him today??

His condition hasn't improved!! His back condition has only worsen and has had 2 fusions on his cervical area. Had lung cancer, Colon Cancer. There were several sick calls for lungs hurting coughinhg. " Stomach problem" He now lives with our mother since his wife died and he is unable to stay alone and unable to care for himself. She's 78 years old.

Jessie

[jessie0054]

Thanks Free:

Has he been getting continuing treatment for his lower back through the years?

He continued seeking treatment for a few years through several Chiro Dr's and he still continues to complain, but over the years it has been in the cervical area that has given him the most trouble requiring 2 different surgeries to fuse areas in his neck.

Did his injury lifting the barrels affect his cervical spine?

I really don't know, But i guess it could. It really hard to get an answer from him. You know when you ask and he sits there and just stares ahead it hard to figure out what he's thinking, You might be 3-4 questions ahead before he finally answers the first question.It drives me nuts but i try to be patient with him. It's sorta been this way all his life. I remember as a kid i would fight his battles for him, or jump in to defend him when other kids would pick on him. I really don't know how he ever got into the Military to start with.

Has he been in treatment for the nervous condition?

He has been in and out of VA's hospital since he came out of the Military. I proable have the full 30 yeras of records and they are all the same. he seeks out help from them for his " Nerves"

And if he had that before he went in - you would have to be able to show that his military service worsened the condition.

I'm wondering if any of this might show up in his Military Personnel records? I know that he has always had a mental problem and i'm thinking it took him a very long time to make it through boot camp [ from April 69-December 69] Isn't that a long time for anyone in boot camp??.

i looked at his entry and discharge physical exam forms and he answered no to all the questions!! Even the questions for the female enlisted. Now I'm thinking someone should have thought something was wrong. But i guess being in a time of war they were pushing theses guys thought as fast as possible.

You've got over 30 intervening years to cover though --so it could be quite a challenge to create the nexus. I know but i've got a lot of time on my hands!

I think that it is great that you are so supportive of your brother!

Like i said i have been fighting his battles all my life. [ Yea, he came to my defence a few time too as kids.]

As to the lung cancer. Was he in Vietnam?

No he was sent to Germany where he worked as a cook from Dec 69-March71.

On the other conditions -you might want to talk to his doctors and see if they think they could be related to the service. Yes, I plan to do that now. I have been waiting for months to get his C-File.

Have you considered seeing about increasing his pension -- if he is housebound or needs aid and attendence?

I had thought about it, But didn't know if he could, I've read other's here, My Mother does everything for him except dressing and bathing. But she has to tell him to do theses things. He rarely drives the car, because as my mother said ' i can't trust him with the car, It seems like his mind wonders]The last time she let him drive the car nearly a year ago and he pulled out to far at an intersection and way hit by a semi. She then got him an old beat up car that she will let him drive to the corner fast lane for a pop or the couple blocks to my sister's house. But that as far as he go's.

Do you think it would be worth it to see if i can get his Personnel folder??

I know that he had problems before he went into the Military and those problems didn't get any better while he was there!!

Thanks,

Jessie

Free

[free_spirit_etc]

Wow! I feel for you, but personally, I think the SC will be hard to get. You might be able to get SC on the lower spine -- but it probably wouldn't be rated high enough to offset his pension. I am assuming that if he got a 10% or 20% on that - they would just deduct the amount he ot for the SC from his pension.

The cervical spine would probably be rated higher IF granted - but you would need a doctor to state (and the VA to accept) that either:

His cervical spine was injured in the service - and his current problems stemmed from that. OR His lower back was injured in service and the problems in his lower spine caused him to develop problems in his cervical spine.

But once again, even if you could establish that - I am not sure it would result in more$$$ than he is getting from his pension - unless he could get it rated high enough AND get Unemployable FROM his Service Rated conditions.

As for the nerves -- the continued treatment would help IF it is documented that he had such problems in the Service or IF his post service treatment records talk about his problems starting in the service.

I think it would be extremely difficult to go back 30 years later and try to prove they started - or worsened - in the service - if no one has mentioned it before.

The fact that he had problems with this BEFORE the service would make it harder. I think they would see the fact that he had trouble making it through boot camp the result of a condition he had PRIOR to service - rather than a condition that manifested IN the service.

So again - it would have to be established that the Service made his condition worse than it would have been otherwise. And again, the 30 year lag makes it harder.. to go back and show that the service is what CAUSED the worsening of his condition.

Even with the presumption of soundness - the presumption can be rebutted by clear and convincing evidence.

If he is developmentally disabled -- even if it wasn't noted on his entry - I think the VA would have a case that his problems stem from that - and the service didn't cause the developmental disablity.

It would probably take a strong medical opinion that his nervous condition worsened in the service in a way that it would not have worsend had he not been in the service.

I know this sounds very discouraging. And maybe some others might have some ideas to help you with this.

You might have a stronger case that I am not seeing.

Personally, I think your best bet would be to see about seeing if you can get an increased pension - if he qualifies for housebound.

You could try other benefits too - like Social Security / SSI / etc. but I think that whatever he got from those would be deducted from his Pension - so I am not sure if he would come out ahead. I am not sure of this - so you would want to check it out.

Sorry I can't be of more help.

My son is developmentally disabled --so I KNOW about the car thing. When I was trying to teach him how to drive (when he was 18) he would drive along okay for awhile and then ask "Now which side of the road is mine?"

ACKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKK!

You would think after riding in a car for 18 years - you would just kind of KNOW which side of the road to be on. But when he would THINK about it - he had to question it.

Most parents are always telling their kids to THINK.

When my son THINKS - it gets downright scarey. He does much better on automatic pilot --when he starts THINKING - watch out!

Free

[jessie0054]

Free Thank you for your advice i really appreciate it.

Maybe the Aid and Attendence/Housebound might be the better way to go about getting a increase in his NSC Pension??

Is there a form that need to be filed??

Thanks again

Jessie

He doesn't qualify for SSI as he wasn't able to hold a job after he came out of the Service

[free_spirit_etc]

I am not real familiar with the Pension part of the VA. I DID apply for an increased pension for my ex-father in law at one point --but when my husband was ill - I passed the ball on that to my ex-father in law's daughter -and I think she just let it slide.

Based on my limited knowledge - I would put in a written request for an increase due to housebound / aid and attendence. This should protect the filing date -so if the increase is granted - they can do back pay. I am not sure on that - but I think ANYTHING with the VA -- don't wait until you get the case together - FILE and INFORMAL claim - or give notice that you are filing one.

You MIGHT even want to do this for the SC claim. If you file an informal claim - and ask to reopen the claim - and send them SOME new and material evidence - You have PLENTY of time to figure out if you can actually make the claim work for your brother. And you can always drop the claim or not appeal.

But filing protects the date and he can get paid back to the date that the claim was first reopened - if it goes through. So if you think you might be able to show any kind of claim -- file -- protect the date - and THEN put it together.

So you might want to file for increased pension AND SC.

When I filed for increased pension for my ex FIL -- they sent me a doctor statement for his doctor to fill out. They also scheduled him for an exam at the VA. He was 97 years old at the time. GEEZ! Yeah. I know it was hard for them to take his doctor's word that a 97 year old man might have difficulty getting out of the house by himself.

Also - you might want to try talking to his doctors at the VA. See what they think. Get EVERY medical records - or ANY kind of records you can get your hands on.

And THINK OUTSIDE THE BOX!! Look outside of the ways you have ALREADY been thinking about his SC conditions.

Often - we get Tunnel Vision. We think in one track and miss all the others. You said your brother had lots of sick calls while in the service. And you think it was his nerves that made it happen. But were there other things diagnosed? Did they keep causing him problems after the service? Were they chronic conditions?

I see MANY disabilities my husband missed claiming because he was thinking of the one's that he had claimed. He had many respitory problems in service -- was diagnosed IN SERVICE with chronic bronchitis and chronic sinutitis. But he never once claimed them to the VA. Even when he had his headache's evaluated for "Desert Storm Illness" the VA doctor stated that one of his types of headaches was CAUSED by his chronic sinus condition that was diagnosed IN SERVICE. Of course -the VA DENIED the claim for headaches (as they were a diagnosed illness) and mentioned that he was treated for sinus once or twice in the service.

When we got a copy of the C&P exam this last year --the C&P doc CLEARLY made the connection -- CLEARLY stated that the condition was diagnosed IN SERVICE WITH X-RAY evidence --but the VA just blew it off...and denied the claim because the headaches weren't related to Desert Storm.

We didn't know the doctor had said what he did because we didn't have a copy of his report. But there was a ratable illness that my husband didn't get rated because he didn't make the connection. Oh yeah.. the VA said my headaches were caused by my sinuses. I was treated for my sinuses A LOT in the service.

So - again -- 30 years has gone by - so some connections might be hard - but there might also be some that you will look at a say - Man! I missed THAT one. There it says clear as day that he had ___ and it never did get any better.

Just some ideas..

Free

[free_spirit_etc]

You don't have to have worked to get SSI - you have to be disabled and unable to work. I think some people draw both SSI and Vet Pension -- but then again, I think the deduct one from the other.

Another option MIGHT be SSD. If you show he was clearly disabled prior to age 18 - and that as a result of the disability that started BACK then he is unable to work - you could try to get him on SSD on the record of one of his parents as an adult disabled child.

Again - you would have to work on getting that -- as so long a time has passed. But based on what you have stated -- it might work. If you can show he had problems back in childhood -- barely made it in the service - has been unable to hold a job since based on the SAME disability he had back then - you should be able to establish that he was disabled in childhood, therefore not able to ever establish a fully functioning work record.

If you can establish this - he should get to draw benefits from whichever parent would give him the larger amount. Adult disabled children basically get about 50% of what a living parent is drawing - or 75% of what a deceased parent got.

Again, I am not sure of what these amounts would be in his case IF you establish it - or what amount of pension he is drawing to know if he would come out ahead of where he is.

But then again -- it sounds like one of two things occured --

Either he was always disabled -- and barely made it in the service -- yet his disability never went away and even got worse -- so it is the SAME disability --thus SSD.

Or he was somewhat disabled - but presumed sound - but something happened in the service that kept him from being able to work after that -- thus VA.

The problem will be convincing THEM of that.

The VA will probably try to say -- he was always disabled. Social Security will probably try to say --he wasn't disabled -he made it in the service...

So it might take LOTS of work to prove either case. And they also can share records with each other --to hold something you said in one claim agaisnt another claim.

But you can keep checking - keep exploring --check out your options - and file for anything you think he MIGHT get to protect the filing dates... and work like heck to make it happen.

Free