Service-connected Seizure Disability

[MarkJ]

In 1967, I left the Navy after serving in VietNam. I was diagnosed with petit-mal seizures. They have gotten progressively worse until I am now fully unemployable due to continued grand-mal seizures on medication- six 200mg. doses daily. The VA did pay me about ten years ago until my SSD kicked in. I have tried since to collect service-connected disability, but keep getting denied. I have repeatedly tried to get my service records, but they are missing or destroyed. MarkJ

[Berta]

I assume you checkly directly with NARA for your SMRs?

It is possible that the SSA might still have them.

"The VA did pay me about ten years ago until my SSD kicked in."

Was this a wartime pension?

How did VA determine you were eligible for a VA pension-if they didnt have the SMRS and service records? They might well have retired those records and if you re-open the claim- they will get them out of retirement status-

You will have to re-open this claim with new and material evidence- anything they have not seen before-

that shows there is possibility the seizure disability was prevalent in service-or somehow due to your service-

This is not an Agent Orange presumptive condition.

[cloudcroft]

Mark,

I don't know if your MEDICAL records are here, but if you don't have these records you should...they my have info to help you locate your medical records.

About "the great big fire" (were you talking aout the fire in St. Louis "destroying" records?)...have you read this webage?

http://www.nvlsp.org/Information/ArticleLi...LOSTRECORDS.htm

or this one?

http://www.archives.gov/st-louis/military-.../fire-1973.html

Sometimes a vet is told his/her records were "lost in the fire" when they certainly were NOT! Read all the info on this nvlsp website and do some of the things it says.

Also, if all else fails -- or don't wait and just do this NOW at the same time you are doing the other things -- write one of your CongressCritters to make an inquiry of the VA to find/release your medical records...he/she will ask about your records and if nothing else, get a clarification re: what's up with them.

Usually, this inquiry will slow down your claim because your C-file has to be located and taken out of line, but since you do not HAVE an active claim (I guess) but it is a dead-in-the-water claim, you've nothing to lose with an inquiry.

Or if you still get nowhere, maybe you can get a Court Order for the VA to find/release your medical records:

"Court Order: Access to military personnel and medical records on file at the National Personnel Records Center, may also be gained pursuant "to the order of a court of competent jurisdiction." Subpoenas qualify as orders of a court of competent jurisdiction only if they have been signed by a judge. To be valid, court orders must also be signed by a judge. Authority for these requirements is 5 U.S.C. 552a/b (11), as interpreted by Doe vs. DiGenova, 779 F. 2d 74 (D.C. Cir. 1985), and Stiles vs. Atlanta Gas and Light Company, 453 F. Supp. 798 (N.D. Ga.1978)."

...cited from http://usmilitary.about.com/cs/generalinfo/a/milrecords.htm

Here are some other sites that might be useful re: information and finding your records:

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

http://www.archives.gov/st-louis/military-...d-form-180.html

http://members.aol.com/forvets/htomr.htm

Some of these sites have similar info, but I listed them anyway. You can sort through them...and there are even more sites about military records.

Good luck,

-- John D.

In 1967, I left the Navy after serving in VietNam. I was diagnosed with petit-mal seizures. They have gotten progressively worse until I am now fully unemployable due to continued grand-mal seizures on medication- six 200mg. doses daily. The VA did pay me about ten years ago until my SSD kicked in. I have tried since to collect service-connected disability, but keep getting denied. I have repeatedly tried to get my service records, but they are missing or destroyed. MarkJ

Edited November 10, 2007 by cloudcroft

[carlie]

Mark,

1) Was VA paying you service connected disability for seizures, or pension?

2) What rationale did VA provide to discontinue your payments when your

SSD was granted?

3) For what medical condition was SSD granted for?

4) When VA discontinued your payments did you file a Notice of Disagreement or

submit a rebuttal to this action?

carlie