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Question About Wound Ratings

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dolin333

Question

I am a 80% Vietnam disabled vet, 60% was awarded for wounds in 1969, right after discharge, initial rating;

Residual shrapnel wound right forearm w/ healed comminuted fracture of ulna 30%

Residual Shrapnel wound right buttocks and thigh -20%

Residual Shrapnel wound chest - 10%

Residual Shrapnel wound right lower leg - 10%

PTSD awarded in 2003 - 50%

I started a claim in 2001 for back problems (six ruptured discs-2 neck, 2mid, 2 lower) related to my hip (walk with an altered gait)and the "three shrapnel wounds I have in the Back (NOT CHEST), the wounds are fairly small, one is probably an inch in diameter (about the size of a .45 wound)and is about 5 to 6 inches to the right of my spine, the other two are smaller (3/4") and not in any significance to my spine.

Now here is the interesting issue, the award for the 20% for my buttocks and thigh include three wounds: one is on the outer right thigh (hip level) approximately 4" long (vertical) with quite visible muscle damage. The second wound is on the right buttocks and is also approx. 4" long (horizontal) with quite visible muscle damage. The third wound is about 4" to 5" below the buttocks and is also approx. 4" long and is horizontal, large scar abut does not appear to have any muscle damage. The first thing the Doctor that the VA had contracted to do a follow up C&P said “Man, you've got a lot of muscle damage there".

To try and shorten this up, my claim originally went to the BVA, they remanded it to AMC to get my medical records from Nam and to have me re-evaluated. My Nam records show the wounds to the back and a lot of head wounds, mostly very small shrapnel, due to my helmet, but definitely show the amount of blast trauma I received. The contracted VA Doctor stated in his evaluation that it was "more likely than not that my back problems are related to the blast injury"

This story gets better as it goes on; the AMC gets all of this information and states that they are not going to accept my Doctor's opinion "well known Neurologist" or their own Doctor's opinion, since there is no etiology. So they say I have sixty days to respond with more info or they will send it back to BVA for them to decide. Now I go and get a opinion and etiology from Dr. Bash (very expensive, but hopefully worth it) and I send it well within the time frame, about 35 days. A week later I get a letter from the AMC that they have forwarded my claim back to BVA, no reason why or if they received my packet (I have the receipt and electronic form from the Post Office, so that's not a problem).

I call BVA to try and find out what’s going on with my file and a lady tells me there a letter in the mail (won't tell me anything else), so I wait and sure enough, I get a letter telling me that the judge that reviewed my case, no longer is with the BVA and would I like another hearing or them to proceed with a decision. I signed off and just told them to make a decision.

Sorry, I think I got to rambling. The actual question I have is, how would I go about finding if they made a correct initial decision by combining the three wounds to the hip and buttocks. I've been looking at decisions and googleing, but have not had much success.

I would really appreciate any answers you might have.

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