Need Help

[rlm]

I posted on the new member site and was referred to this forum. I just found this site on the Korean war project site. I served in Korea from '63-'64 and got frostebite. Presently I have a claim in the VA for this condition and have been appealing for four years. I have a lot of pain in my feet becauseof it and the older I gt the worse it gets. There is nothing in my medical records as I never got to see a Dr. only a medic (what else is new), so they keep denying me. I've tried to locate some of the guys I served with but no luck, it"s been a long time. Anybody have any ideas on what I can do???? Thanks Roger

[Berta]

Roger- I am glad you saw us at the KWP site- I posted a Looking for there recently- looking for Cpt Stewart- but another vet might have found him-

VA does SC frostbite residuals if they raise to a ratable percentage. This vet had many medical opinions -4- from independent docs as well as the VA and for some incredible reason he was denied at the RO level- and awarded at the BVA level:

http://www.va.gov/vetapp03/files/0324043.txt

He was at CHosin but I imagine Korea was cold wherever any vet served.

Why did the VA deny you- can you tell us their exact wording of the denial?

With ratable residuals, and with no other etiology but for the severe temps of Korea- there should not be a problem in getting this service connected-

easy for me to say- the VA had to have some rationale they used to deny you-

Did you ever spend time as a civilian at the south pole?

This is what I mean- what logic did they possibly use to deny?

You might consider going to the NOAA web site-there is a way to obtain weather reports and the Korean War weather reports might be archived at NOAA-

Weather reports that show you were where the temps were quite severely low could help you claim.

I think these reports would be available- maybe even via the NARA web site- I did a thesis on D Day and how the weather affected Eisenhower's decision for the date of the invasion and how Hitler's weathermen -who did the same weather assessments as the English and Americans did-

were totally ignored by the Fuhrer-

I actually did a power point for school with the weather balloon diagrams from surveilance airplanes over the English Channel and other meteorological data-last year- from weather data now over 60 years old at NOAA and many other web sites-

This type of research might well help your claim-

Do you have Cpt Stewart's email addy?

[john999]

I think in WWII in Europe there were probably more cold injuries than injuries from bombs and bullets. Two or three days in freezing foxhole with a foot of water in the bottom will ruin your feet. The same in Vietnam where soldiers whose feet stayed wet for more that 4 days usually got sores on their feet that could lay them up completely. The tissue starts to break down if it stays wet. Cold injuries seem like a nightmare because some actually lost their feet.

[rlm]

Berta, Thanks for the response. No I never served at the pole or any other cold climate. Their reasoning was that I served as artillery meteorology and they said I worked on a computer, don't recall the army having any computers in 1963!!!!! We were attached to artillery units so therefore we wen't to the field on manuvers and pulled guard duty. Also bieng in the weather field we took temperatures and they ranged from -20 to -40. We slept and pulled guard in these temps,and were not supplied with the proper gear. The VA does admit that I have cold weather damage to my hands and feet (duh), I know they will try anything not to admit fault. Roger

[Berta]

You might have to explain to them like they are 12 years old exactly what your duties involved.

Sometimes they look at MOS on DD 214 and think that describes it all. yeah right-

"We were attached to artillery units so therefore we wen't to the field on manuvers and pulled guard duty. Also bieng in the weather field we took temperatures and they ranged from -20 to -40. We slept and pulled guard in these temps,and were not supplied with the proper gear."

That Was definitely a factor during the Korean War- a well know fact that our troops were not prepared with cold weather gear-

the VA needs to Read "The Coldest Winter-" by Halberstram.

It aint like S Korea got lots of global warming in a decade since the Korean War was over-when you were there -

you might have had the exact same issue gear that they had during Chosin March-a major tactical error during the war- wrong gear was issued for the conditions-and not upgraded at all.

South Korea has four seasons and often a hot short summer- however from Dec to Feb they get very cold temps.

The breakout of Chosin in Dec 1950 was a superb example of leadership-although the leadership of the 2nd division had been awful-the breakout temps were down to minus 40- I am assuming that you were in Korea during the Korea winter-with 63-to 64-that sure covers that.

Denials like this just make my blood boil- have you formally NODded the decision yet?

You have the VA conceding that you have cold weather injuries-all you need is the nexus-

have you sought any buddy statements? and maybe the best bet is to give VA proof of the temps where and where as I suggested.

[rlm]

Berta, I have'nt got a date to appear before the board as of yet, I have letters from my podiatrist stating I do have frostebite damage to my toes. My toenails fall off and I have pain and numbness constantly, so if they deny me I will keep appealing. Also somebody metioned something about a cold weather packet to send to the VA, do you or anyone else know anything about that??? Roger

[Berta]

I think they mean the Cold War Injury Protocol exam as explained in this BVA decision:

http://www.va.gov/vetapp03/Files/0323406.txt

I wonder if they gave you the right exam and C & P.

Would your podiatrist be able to provide you with a medical opinion stating that the obvious numbness (this would be bilateral periphery I think-but I am not a doctor)and all other symptoms you have are consistent with frostbite and that the only etiology you could possibly have for it was due to your exposure to severe low temperatrures during your service in Korea.

There are other decisions at the BVA web site that might help you see what the VA is looking for here.

basically it is the diagnosed frostbite residuals and proof of exposure during service to extreme temps-with no other post service exposure or etiology to account for the frostbite residuals.

The COld WAr Protocol frostbite C & P should be here:

http://www.vba.va.gov/bln/21/Benefits/exams/index.htm

You have a fully logical claim that makes sense- unfortunately VA doesnt use logic -only proof.

Edited September 15, 2008 by Berta (see edit history)

[john999]

How long was it after you got out of the service that you made your cold weather frostbite claim? I guess the VA is trying to say some alternative circumstance caused the frostbite besides Korea. What is obvious to us is not obvious to the VA when they have an ax to grind which is not to pay a claim that is not airtight.

[rlm]

John, I put in a claim four years ago at the urging of one of my buddies who also has been fighting the VA for deseases he got in 'Nam from AO, that's a horror story in itself. I know they will try to say I got it someplace else. But they can check and they'll see I've spent all my time in wamer climes. Roger