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Wwii Open Claim

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Guest Maddie

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Hi

I am helping my grandfather with a WWII clam for trench foot, back, and hip pain. When I was reviewing his military records, he had a postcard in there from the VARO in San Fran- someone had typed in his address and his C-file number- most importantly it says on this postcard "acknolwedgment of receipt of claim." Unfortunately there is not postmark on the postcard but the bottom of the postcard says VA Form 23-39, May 1958. Based on the home address they have for him on the postcard he thinks it is from around 1966 when he further injured his back on his civilian job and was out of work for 1 year. The VARO has no record of this claim. Thoughts??

What was the standard for vets being discharged from WWII service for establishing SC claims? In his medical records (he has copies of the hospital statement) he was hospitalized for 31 days for trench foot and it also documents back and hip pain. Did the VA / DOD do exit medical exams? Did they have the duty to review medical records for SC or what was the standard?

Any help would be appreciated. He is in Idaho and according to the VARO there within 60 days he should have C&P and then within 6 months a decision. I wrote the letter for him asking for SC and asserted that he has an open claim going back to 1966.

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Good for you- hold them to that with the proof you have-

I would suggest if they ask for more info on that, get a copy of both sides of the Post Card and mail it to them-

Have you been able to look through the veteran's c file yet- you never know what they might have in it-

The trench foot comes under the VA's Cold Weather protocol-along with frostbite etc.

Does he have a residual problem due to the trench foot that they could actually rate?

Does he have medical evidence other then the SMRs that would show VA that the non service back injury was aggravated by the residual affects of the prior inservice back injury?

Or is the inservice back injury documentation clearly separate from the after service back injury?

What I see is that the VA would attempt to find his present back condition as Non service connected unless the medical evidence clearly shows two separate injuries.

This might need a good Independent Medical opinion-

unless medical tretment records show years of treatment for hips and back due to the in service injury which could certainly add additional problems if a vet gets an additional on- the- job injury.

If for example the SMRs reveal specific spinal or disk injury(say at L-3 , L-4) (by X ray) and then the job injury involves separate lumbar involvement (like neck only and not spine) this is medical information that can make a distinction between these two problems.

Berta

Do the in service back and hip problems (I assume he has current documented disability and treatment records on them) affect his feet ?

Or vice versa- if so I would mention this to the C & P doctor-

If he has any other known medical conditions I suggest that you look into 38 CFR 3.309(a) (Presumptives by Chronicity) 2004 as to whether any of them were manifested at 10% or more after service (by medical evidence)

and by all means this is the time to add them to the claim.

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  • HadIt.com Elder
Hi

I am helping my grandfather with a WWII clam for trench foot, back, and hip pain. When I was reviewing his military records, he had a postcard in there from the VARO in San Fran- someone had typed in his address and his C-file number- most importantly it says on this postcard "acknolwedgment of receipt of claim." Unfortunately there is not postmark on the postcard but the bottom of the postcard says VA Form 23-39, May 1958. Based on the home address they have for him on the postcard he thinks it is from around 1966 when he further injured his back on his civilian job and was out of work for 1 year. The VARO has no record of this claim. Thoughts??

What was the standard for vets being discharged from WWII service for establishing SC claims? In his medical records (he has copies of the hospital statement) he was hospitalized for 31 days for trench foot and it also documents back and hip pain. Did the VA / DOD do exit medical exams? Did they have the duty to review medical records for SC or what was the standard?

Any help would be appreciated. He is in Idaho and according to the VARO there within 60 days he should have C&P and then within 6 months a decision. I wrote the letter for him asking for SC and asserted that he has an open claim going back to 1966.

<{POST_SNAPBACK}>

I suggest you have your grandfather make a written request for a copy of his c file from the V.A. so he can see if the earliest claim is in his c folder.

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Good for you- hold them to that with the proof you have-

I would suggest if they ask for more info on that, get a copy of both sides of the Post Card and mail it to them-

YES I DID THAT.

Have you been able to look through the veteran's c file yet- you never know what they might have in it- SENDING THEM A LETTER FOR THEM TO REQUEST C_FILE

The trench foot comes under the VA's Cold Weather protocol-along with frostbite etc.

Does he have a residual problem due to the trench foot that they could actually rate? OH DEFINITELY- DISFORMED TOE NAILS, SEVERELY CRACKED HEELS, ETC. PRETTY SIMILAR TO MY HUSBAND WHO HAS FROSTBITE RESIDUALS BUT HIS IS WORSE BECAUSE OF THE TOE NAILS S IT MIGHT BE 20% SC RATING.

Does he have medical evidence other then the SMRs that would show VA that the non service back injury was aggravated by the residual affects of the prior inservice back injury? NOT SURE WE ARE WRITING TO ASK.

Or is the inservice back injury documentation clearly separate from the after service back injury? DITTO.

What I see is that the VA would attempt to find his present back condition as Non service connected unless the medical evidence clearly shows two separate injuries.

This might need a good Independent Medical opinion-

unless medical tretment records show years of treatment for hips and back due to the in service injury which could certainly add additional problems if a vet gets an additional on- the- job injury. WE HAVE TO SEE WHAT EVIDENCE HE HAS- PROBLEM IS THOSE DOCTORS- CHIROPORACTORS WHO TREATED HIM ARE PROBABLY ALL DEAD AND MEDICAL RECORDS MAY NOT EXIST ANYMORE FROM THEIR OFFICES.

If for example the SMRs reveal specific spinal or disk injury(say at L-3 , L-4) (by X ray) and then the job injury involves separate lumbar involvement (like neck only and not spine) this is medical information that can make a distinction between these two problems.

Berta

Do the in service back and hip problems (I assume he has current documented disability and treatment records  on them) affect his feet ?

Or vice versa- if so I would mention this to the C & P doctor-

If he has any other known medical conditions I suggest that you look into 38 CFR 3.309(a) (Presumptives by Chronicity) 2004 as to whether any of them were manifested at 10% or more after service (by medical evidence)

and by all means this is the time to add them to the claim.

<{POST_SNAPBACK}>

HE DIDN'T MENTION ANYTHING ELSE BUT I AM GOING TO MAKE SURE HE DOESN'T HAVE COLD INJURIES ON HIS HANDS.

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  • HadIt.com Elder
Hi

I am helping my grandfather with a WWII clam for trench foot, back, and hip pain. When I was reviewing his military records, he had a postcard in there from the VARO in San Fran- someone had typed in his address and his C-file number- most importantly it says on this postcard "acknolwedgment of receipt of claim." Unfortunately there is not postmark on the postcard but the bottom of the postcard says VA Form 23-39, May 1958. Based on the home address they have for him on the postcard he thinks it is from around 1966 when he further injured his back on his civilian job and was out of work for 1 year. The VARO has no record of this claim. Thoughts??

What was the standard for vets being discharged from WWII service for establishing SC claims? In his medical records (he has copies of the hospital statement) he was hospitalized for 31 days for trench foot and it also documents back and hip pain. Did the VA / DOD do exit medical exams? Did they have the duty to review medical records for SC or what was the standard?

Any help would be appreciated. He is in Idaho and according to the VARO there within 60 days he should have C&P and then within 6 months a decision. I wrote the letter for him asking for SC and asserted that he has an open claim going back to 1966.

Maddie, It does sound like a pending claim. One thought is to be understand the concept of pending claim visit the website of the U.S. Court of Appeals for veterans Claims and do an online search of cases under pending claim. Have you grandfather write v.a. and ask for a copy of his v.a. claims folder. Also have your grandfather appoint Disabled American veterans or a similar service organization as his representative in order to review his file. Do not turn over that original postcard to anyone because it may be evidence of a pending unadjudicate claim.

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Thanks Delta- we definitely will hold on to the postcard. I have mixed feelings of DAV etc and other orgs because my experiences with them is they are not very responsive (in some cases worse that the VA itself!). I did have him write a letter for the c-file copy a few weeks back. We are out about 60 days from the initial letter requesting C&P, etc. I'll definitely research pending claim in BVA archives.

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