Multiple Scrapnel Wounds

[a173]

ok. this is for everyone thats had the big boom happen in thier lap and have to negotiate the claims process. if you have multiple injury sites, to multiple muscle groups.. please take note! 1st- by whatever means (even if its not a rating exam- it can possibly be concidered an informal claim request later) - get a dva dr. to document the sites, and have it become record in file. anatomically locate, measure, list each and every individual site that required sutures to close skin. if there is even the possibility of retained foriegn bodies - x-ray the entire area - they travel considerable distances. rfb's can be used as evidence to determine deep penetrating muscle damage. (*(a)if you have a large number of wound sites be prepared for the dr, getting frustrated with dealing with it. be patient, somehow get him to be thorough, accurate, discriptive). try to insure that he notes what muscle groups are involved. atrophy (muscle deformity, loss, etc) needs to be noted for each site - it may be more noticable when the muscle is in one position compared to another (refer *(a)) high velocity - low velocity missles - sort of look at it like this i guess - 5.56 mm round travels faster than frag from grenade, etc. therfore possibility of more deep, explosive effect on muscles? or maybe how far were you from the propellent thats pushing the fragment? - anyway this detail needs to be noted somehow - got any way of describing ordinance that blew? get it noted in dva record. 2nd - there is often a breakdown in whats ordered from between rating board and the rating examiner. over the years i've seen them order my exams be given for burn residuals when it was obvious i was needing rating for multiple scrapnel residuals -*the examiners won't look at anything but whats ordered - so back through whole process - if you catch the mistake! ask what you're being examined for, and check form if you can. i've gone through numerous rating exams thinking i was being examined for all wound sites, only to find out later they had only been ordered to examine two of 58, etc., etc. once this system makes a mistake you will have a tiger by the tail getting them to correct it! the more mistakes - the bigger the tiger. now this next is for anyone trying to help someone thats had the big boom go off in thier lap......my big boom was a booby trapped anti personnel device explosion from about a meter away... rattled my cage at 19 years old. now i look back at 58 years old this year...... tryin' to describe life those first ten years. brain shake .... this is as close as i can come. i think maybe i felt like the lens of one of those old movie projectors.... and every once in a while someone? would focus the lens in and out occasionally. while the whole time tryin' to fiquire how to act that same 190 lb. airborne (11b4p) jungle runnin' team leader - in a 100 lb. shattered shell. Now, at present i can't in my wildest dreams imagine the effect of what i'm hearing about these ied's these warriors are facing and being injured by. so... represent... form brain tanks. this new technolgy? hope i haven't been repetative of whats out here in cyberspace, or in past forums on hadit. thanks for the vent.

[john999]

a173

Were you ever evaluated for TBI? This is a hidden wound that can cause all kinds of behavior changes. My father-in-law had a TBI and it affected his behavior for the rest of his life. He seemed perfectly normal but then he would do something so crazy that he would get himself thrown in jail. If you were that close to a blast who knows? Were you knocked out?

[Berta]

Multiple schrapnel is rated as to scarring, muscular damage and any other residual disability but there are limits to the way the VA rates these wounds.Often many of the scrapnel wounds are non-compensable.Some schrapnel as this case says can be removed with a pair of tweezers in the field. I know plenty of vets that happened to as well as those with distinct GSWs that they went back under fire with.

This is a lengthy case and the veteran was denied-perhaps the BVA's rationale here would help you -

I am afraid I dont understand your claim at all as to what additional compensation you could get.

If the 100% is solely for one SC disability then 60% for additional disabilty would give youe SMC.

http://www.va.gov/vetapp99/files2/9918168.txt

You raised a good point as to what these men and women are suffering from as to the extent of scrapnel.I do appreciate your service but cannot understand the point you are making and what compensation you feel they owe you.

My friend down the hill tried to get SC higher than 40% for his GSW to leg.- he had two GSWs -

the 40% was correct for one wound and the other rated at "0" I thought was rated wrong but he said he went back into the field a few days later-he had 2 PHS-and didnt even claim that one.

Still only those scrapnel wounds like have sigificant scarring (in VA's measurement criteria and are painful or not well healed), or caused documented muscular damage or other ratable disability-

at a ratable level,beyond 0 %are compensated by the VA.

Our vets coming back with scrapnel often have more problems due to TBI then due to the scrapnel , and many vision losses due to schrapnel and many have disfiguring scars from it.

There is a distinct criteria that VA uses. I appreciate your service- dont get me wrong-I just cannot comprehend what you want to attain.

The VA should (as well as you) focus solely on any scrapnel wound you have that is ratable based on their criteria as to how disabling the wound is.

http://www.va.gov/vetapp99/files2/9918168.txt

Edited May 25, 2008 by Berta

[a173]

the point of my claim and facts of my claim are the dva made a mistake in original 69 evaluation (?) they never examined, documented, nor rated any of residuals of sfw's - period! oh, yeah history shows how a bush vet was treated by dva during era.... all but 2 (20%) of s/c's were awarded at later dates - 1983,4,5,7, 1992,4,6, 2003,05. it took me from 1969 - 1977 before i could get a dva dr. to anatomically locate, document the evidence. (wow - our bodies are the evidence - and the dva won't examine? document?) then it took till' 1983 before the dva would order the proper exam to start to document residuals. then - lo an behold - numerous dva rating dr.s start finding evidence of deep muscle scarring, etc. in 2003-05 lets see - most of the holes are 1" to baseball size holes into muscle - all with a relative path of travel of 4" to 8". i guess dr.s just needed someone to stay in traction few months in japan, then needed litter space filled for transport back to stateside hospital for several more months of traction . oh boy - those times of being lifted by crane into whirlpool so scabs can soften and be pulled off one at a time - at least one for each state in the union. wow - must have been minor injuries. oh good, the military discharges the draftee from medical hospital straight to street.......... muscle loss is muscle loss.......... part of my claim with va is eff date issue . yeah - every sfw s/c condition from that one incident should have the same effective date....... yeah and that means i feel i'm entitled to retroactive comp. i won these claims... that's around 260% of ratings for physical damage done to my body.. schedule of ratings be d----d........ the 20% s/c ($40.00) i was forced to exist with from 1969 to 1983 was wrong... it would seem all the now later awarded s/c's would substantiate that... let alone raise reasonable doubt........ it would seem i have a claim when a law firm backs evidence on my claim in actual case law applicable to granting benefits........ and the lawyers been helping for 21 years? i wonder what stinks??????? I know i was physically fubar those first 10 years after getting out of that hospital....... wow.... check it out........ laws apply scenerio occurs........ i'm granted every claim. issued some check that amounts to about most middle class american's yearly income............. my grandkids love me.... (those of generation's that have survived birth defects) i've stood in battle beside some of the bravest, craziest men on earth, and in history............. its a good day......... wrap me in my ignorance....... i don't know whether to feel insulted, reprimanded, admonished....... where's the spell check? forum?........ for em'?................. stimulating conversation ya can run across out here in hadit land........ think i'll go bbq an elk steak........ grab my guitar, try to cover some martin and holiday tunes..... aka two weary warriors........ then meditate on the day.......... memories ya know? break squelch twice if everythings allright.. sit rep neg.. this proves the fact that any reply at times may be better than none? bless everybodies heart that gets envolved in veterans issues........

[a173]

i was lost when i found this site, been lost since............ feel bout' the same as i did as a grunt when i'd come into firebase for a couple day standown. out of flippin' place......... don't know how to work this flippin' machine, don't know how to explain case......... whats it matter anyway.. it was a lick then. been a lick since......... wasn't fightin' this claim for my own good............. how the hell they do this to anybody????? just thought it was wrong for the system to do this crap........... fought em' 38 years........... i'm sick, tired........... good luck to you all........... sick of pain, sick of morphine.......sick a being hidden gimp.......... don't know when to say quit......... the sickness begins with the airborne creed....... this wasn't a claim.. it was a staement of fact, being hidden by the dva. does anybody claim? to be wounded to darn near every area of ones body? doesn't every appeal won prove the dva was in error? how many appeals have been won in last 30 years? by all veterans? what a sick system......... this system was originally probably started to work for us.............. when's everybody gonna get sick of it...... we play right into it.. what a lie it all is......... we were kids when it started..... and you know what i haven't seen it get better at the dva....... they've just got more expert at denial, and very proficeint at kickin' back while we die.......... i walk away shakin' my head in shame.......