Cleveland Regional Office Delays Veteran Claim 35 Years.

[broncovet]

In my group therapy, there is a man there who is in a wheel chair (motorized scooter) with braces on each leg. He tells me that he was wounded in Vietnam, and applied for VA benefits with the Cleveland Regional Office in 1973. He further says that he has been awarded NSC Pension, however, even tho the VA wrote a letter saying he was disabled (SC) in 1973, there has been some sort of error and he is not Service connected. He has been trying to get this resolved, for years..even going through congressmen..Veterans Service Officers..everything..and has been unable to get his issue resolved.

His claim is MORE THAN 35 years old. Does anyone out there have a claim older than 35 years? I think Guiness should hear about this one, and send the VARO in Cleveland a "letter of shame" for disrespect to this and all Veterans. I have met this man and am convinced he is "for real"..he seems to welcome the media, etc. to look into this. He just wants what is his. Has anyone out there waited LONGER than 35 years for benefits? If so, please respond..I think the Cleveland Regional Office deserves a "letter of shame" for this.

Edited February 4, 2009 by broncovet

[deltaj]

In my group therapy, there is a man there who is in a wheel chair (motorized scooter) with braces on each leg. He tells me that he was wounded in Vietnam, and applied for VA benefits with the Cleveland Regional Office in 1973. He further says that he has been awarded NSC Pension, however, even tho the VA wrote a letter saying he was disabled (SC) in 1973, there has been some sort of error and he is not Service connected. He has been trying to get this resolved, for years..even going through congressmen..Veterans Service Officers..everything..and has been unable to get his issue resolved.

His claim is MORE THAN 35 years old. Does anyone out there have a claim older than 35 years? I think Guiness should hear about this one, and send the VARO in Cleveland a "letter of shame" for disrespect to this and all Veterans. I have met this man and am convinced he is "for real"..he seems to welcome the media, etc. to look into this. He just wants what is his. Has anyone out there waited LONGER than 35 years for benefits? If so, please respond..I think the Cleveland Regional Office deserves a "letter of shame" for this.

The applicable regulations on the situation are 38 CFR 3.104 and 38 CFR 3.105. Maybe this veteran should write the National Personnel Records Center for copies of his service records. Undoubtedly, nearly all of his service records are on loan to V.A. I'm thinking he should get copies of his C file and review his service records for a notation LOD yes on his medical records. LOD is an abbreviation for line of duty and line of duty determinations are binding on V.A. and I suspect ignoring a favorable LOD determination is clear and unmistakable error by V.A.

Edited February 7, 2009 by deltaj

[deltaj]

In my group therapy, there is a man there who is in a wheel chair (motorized scooter) with braces on each leg. He tells me that he was wounded in Vietnam, and applied for VA benefits with the Cleveland Regional Office in 1973. He further says that he has been awarded NSC Pension, however, even tho the VA wrote a letter saying he was disabled (SC) in 1973, there has been some sort of error and he is not Service connected. He has been trying to get this resolved, for years..even going through congressmen..Veterans Service Officers..everything..and has been unable to get his issue resolved.

His claim is MORE THAN 35 years old. Does anyone out there have a claim older than 35 years? I think Guiness should hear about this one, and send the VARO in Cleveland a "letter of shame" for disrespect to this and all Veterans. I have met this man and am convinced he is "for real"..he seems to welcome the media, etc. to look into this. He just wants what is his. Has anyone out there waited LONGER than 35 years for benefits? If so, please respond..I think the Cleveland Regional Office deserves a "letter of shame" for this.

There is one other thing that you can tell this veteran. When a veteran submits an SF-180 form to the National Personnel Records Center he only receives copies of his standard service records. He does not receive copies of any hospital reports. Those are held in a separate location in the National Personnel Records Center and have to be requested separately in a request that includes the name of the hospital the veteran was hospitalized at and the approximate dates of hospitalization. If this particular veteran could obtain his hospital reports for hospitalization in service then he might be able to succeed in getting service connection reconsidered favorably. V.A. might view the matter as a reopened claim but in reality like the Hyre case V.A.'s failure to obtain those service medical records should render the first decision non final.

[deltaj]

My Great, Great Grandfather was a confederate soldier from Georgia. The lost his hearing during the civil war. I don't believe he ever got anything. He went deaf, and because of this he was removed from combat duty except during the Battle of Atlanta. Going deaf probably saved his life. He went to the rear and became a cobbler. He was in Columbus, GA when the Battle of Atlanta started. He and his comrades started walking, but it took so long to get there the battle was over and Sherman was on his way to the sea. He told my Grandmother about eating whatever they could scronge, and never asking what was in the pot. my Great Uncle was gassed in WWI. I don't think he got compensation, but he had PTSD the rest of his life.

I have a great great grandfather too from Georgia. His name was Osborne Davenport and he died at the battle of Missionary Ridge near Chattanooga, Tennessee while fighting for the Confederacy. He was killed by a union sniper.