Discharge By Reason Of Previously Known Disability

[brad]

In 1965, I was declared 4F while trying to join the Marines. The 4F was due to a physical disability. In 1967 , I receieved an induction notice. I informed the military of the 4F status(they could not find paperwork) and noted the physical disability on my application. I was allowed to join the Marines. During boot camp this physical disability was detected again. I was allowed the complete boot camp but was exposed to considerable humiliating remarks by my drill instructor due to my disability.. A year later this physical disability was detected again. I was sent to the Naval Hospital in bethesda(mispelled) maryland for evaluation. It was deternmine that I was pysically disable to remain in the military and discharged under honorable conditions by reason of physically disable.

After discussing this matter with many veterans of this period, I believe that I am entitle to disability compensation because they acepted me as an able body indivual but dischaged me as disable. I realize this is a very touches subject but I do need some input from my fellow veterans. Remember todays vets were treated better ( still a lot the desired) than our Vets of my era due to their efforts to fight for better treatment and what is right. During my era I did not know any better but today I feel enlighten and must atlease try and get what I think is due to me.

My disability is I can not turn my hands palms which means I am not combat ready.

Thanks to all Email me for any advice

[Notorious Kelly]

Brad,

Welcome, and thank you for your service!

With the money we piddle away on far less worthy causes, I have no quarrel with veterans getting compensation.

It doesn't sound to me like you're attempting anything fraudulent.

I suggest talking to a Veteran Service Officer to see if they may assist you.

[Vync]

Brad,

Did your hands become much worse because of your service?

The VA may grant service connection if your pre-existing condition was clinically shown to be worsened by military service. In my case, I had a mild pre-existing condition that became severely worse. I won 30% for it, but the VA reduced it by 10% because they said it was pre-existing.

You might want to obtain copies your service medical treatment records, entrance/exit physicals, personnel file, claims file, and any VAMC treatment records. Go through these carefully and look for anything which can be helpful with your claim.

This information may be helpful too:

§4.45 The joints

http://www.benefits.va.gov/warms/docs/regs/38CFR/BOOKC/PART4/S4_45.DOC

As regards the joints the factors of disability reside in reductions of their normal excursion of movements in different planes. Inquiry will be directed to these considerations:

(a) Less movement than normal (due to ankylosis, limitation or blocking, adhesions, tendon-tie-up, contracted scars, etc.).

(b) More movement than normal (from flail joint, resections, nonunion of fracture, relaxation of ligaments, etc.).

© Weakened movement (due to muscle injury, disease or injury of peripheral nerves, divided or lengthened tendons, etc.).

(d) Excess fatigability.

(e) Incoordination, impaired ability to execute skilled movements smoothly.

(f) Pain on movement, swelling, deformity or atrophy of disuse. Instability of station, disturbance of locomotion, interference with sitting, standing and weight-bearing are related considerations. For the purpose of rating disability from arthritis, the shoulder, elbow, wrist, hip, knee, and ankle are considered major joints; multiple involvements of the interphalangeal, metacarpal and carpal joints of the upper extremities, the interphalangeal, metatarsal and tarsal joints of the lower extremities, the cervical vertebrae, the dorsal vertebrae, and the lumbar vertebrae, are considered groups of minor joints, ratable on a parity with major joints. The lumbosacral articulation and both sacroiliac joints are considered to be a group of minor joints, ratable on disturbance of lumbar spine functions.

Supplement Highlights reference: 37(1)

§4.71a Schedule of ratings—musculoskeletal system

http://www.benefits.va.gov/warms/docs/regs/38CFR/BOOKC/PART4/S4_71a.DOC

THE WRIST

Rating

Major Minor

5214 Wrist, ankylosis of:

Unfavorable, in any degree of palmar flexion, or with

ulnar or radial deviation 50 40

Any other position, except favorable 40 30

Favorable in 20º to 30º dorsiflexion 30 20

Note: Extremely unfavorable ankylosis will be rated as loss of use of hands under diagnostic code 5125.

5215 Wrist, limitation of motion of:

Dorsiflexion less than 15º 10 10

Palmar flexion limited in line with forearm 10 10

EVALUATION OF ANKYLOSIS OR LIMITATION OF MOTION

OF SINGLE OR MULTIPLE DIGITS OF THE HAND

(1) For the index, long, ring, and little fingers (digits II, III, IV, and V), zero degrees of flexion represents the fingers fully extended, making a straight line with the rest of the hand. The position of function of the hand is with the wrist dorsiflexed 20 to 30 degrees, the metacarpophalangeal and proximal interphalangeal joints flexed to 30 degrees, and the thumb (digit I) abducted and rotated so that the thumb pad faces the finger pads. Only joints in these positions are considered to be in favorable position. For digits II through V, the metacarpophalangeal joint has a range of zero to 90 degrees of flexion, the proximal interphalangeal joint has a range of zero to 100 degrees of flexion, and the distal (terminal) interphalangeal joint has a range of zero to 70 or 80 degrees of flexion.

(2) When two or more digits of the same hand are affected by any combination of amputation, ankylosis, or limitation of motion that is not otherwise specified in the rating schedule, the evaluation level assigned will be that which best represents the overall disability (i.e., amputation, unfavorable or favorable ankylosis, or limitation of motion), assigning the higher level of evaluation when the level of disability is equally balanced between one level and the next higher level.

(3) Evaluation of ankylosis of the index, long, ring, and little fingers:

(i) If both the metacarpophalangeal and proximal interphalangeal joints of a digit are ankylosed, and either is in extension or full flexion, or there is rotation or angulation of a bone, evaluate as amputation without metacarpal resection, at proximal interphalangeal joint or proximal thereto.

(ii) If both the metacarpophalangeal and proximal interphalangeal joints of a digit are ankylosed, evaluate as unfavorable ankylosis, even if each joint is individually fixed in a favorable position.

(iii) If only the metacarpophalangeal or proximal interphalangeal joint is ankylosed, and there is a gap of more than two inches (5.1 cm.) between the fingertip(s) and the proximal transverse crease of the palm, with the finger(s) flexed to the extent possible, evaluate as unfavorable ankylosis.

(iv) If only the metacarpophalangeal or proximal interphalangeal joint is ankylosed, and there is a gap of two inches (5.1 cm.) or less between the fingertip(s) and the proximal transverse crease of the palm, with the finger(s) flexed to the extent possible, evaluate as favorable ankylosis.

(4) Evaluation of ankylosis of the thumb:

(i) If both the carpometacarpal and interphalangeal joints are ankylosed, and either is in extension or full flexion, or there is rotation or angulation of a bone, evaluate as amputation at metacarpophalangeal joint or through proximal phalanx.

(ii) If both the carpometacarpal and interphalangeal joints are ankylosed, evaluate as unfavorable ankylosis, even if each joint is individually fixed in a favorable position.

(iii) If only the carpometacarpal or interphalangeal joint is ankylosed, and there is a gap of more than two inches (5.1 cm.) between the thumb pad and the fingers, with the thumb attempting to oppose the fingers, evaluate as unfavorable ankylosis.

(iv) If only the carpometacarpal or interphalangeal joint is ankylosed, and there is a gap of two inches (5.1 cm.) or less between the thumb pad and the fingers, with the thumb attempting to oppose the fingers, evaluate as favorable ankylosis.

(5) If there is limitation of motion of two or more digits, evaluate each digit separately and combine the evaluations.

I. Multiple Digits: Unfavorable Ankylosis

Rating

Major Minor

5216 Five digits of one hand, unfavorable ankylosis of 60 50

Note: Also consider whether evaluation as amputation is warranted.

5217 Four digits of one hand, unfavorable ankylosis of:

Thumb and any three fingers 60 50

Index, long, ring, and little fingers 50 40

Note: Also consider whether evaluation as amputation is warranted.

5218 Three digits of one hand, unfavorable ankylosis of:

Thumb and any two fingers 50 40

Index, long, and ring; index, long, and little; or

index, ring and little fingers 40 30

Long, ring, and little fingers 30 20

Note: Also consider whether evaluation as amputation is warranted.

5219 Two digits of one hand, unfavorable ankylosis of:

Thumb and any finger 40 30

Index and long; index and ring; or index and little fingers 30 20

Long and ring; long and little; or ring and little fingers 20 20

Note: Also consider whether evaluation as amputation is warranted.

II. Multiple Digits: Favorable Ankylosis

Rating

Major Minor

5220 Five digits of one hand, favorable ankylosis of 50 40

5221 Four digits of one hand, favorable ankylosis of:

Thumb and any three fingers 50 40

Index, long, ring, and little 40 30

5222 Three digits of one hand, favorable ankylosis of:

Thumb and any two fingers 40 30

Index, long, and ring; index, long, and little;

or index, ring, and little fingers 30 20

Long, ring, and little fingers 20 20

5223 Two digits of one hand, favorable ankylosis of:

Thumb and any finger 30 20

Index and long; index and ring; or index and little fingers 20 20

Long and ring; long and little; or ring and little fingers 10 10

III. Ankylosis of Individual Digits

Rating

Major Minor

5224 Thumb, ankylosis of:

Unfavorable 20 20

Favorable 10 10

Note: Also consider whether evaluation as amputation is warranted and whether an additional evaluation is warranted for resulting limitation of motion of other digits or interference with overall function of the hand.

5225 Index finger, ankylosis of:

Unfavorable or favorable 10 10

Note: Also consider whether evaluation as amputation is warranted and whether an additional evaluation is warranted for resulting limitation of motion of other digits or interference with overall function of the hand.

5226 Long finger, ankylosis of:

Unfavorable or favorable 10 10

Note: Also consider whether evaluation as amputation is warranted and whether an additional evaluation is warranted for resulting limitation of motion of other digits or interference with overall function of the hand.

5227 Ring or little finger, ankylosis of:

Unfavorable or favorable 0 0

Note: Also consider whether evaluation as amputation is warranted and whether an additional evaluation is warranted for resulting limitation of motion of other digits or interference with overall function of the hand.

IV. Limitation of Motion of Individual Digits

Rating

Major Minor

5228 Thumb, limitation of motion:

With a gap of more than two inches (5.1 cm.) between the

thumb pad and the fingers, with the thumb attempting to

oppose the fingers 20 20

With a gap of one to two inches (2.5 to 5.1 cm.) between the

thumb pad and the fingers, with the thumb attempting to

oppose the fingers...................................... 10 10

With a gap of less than one inch (2.5 cm.) between the thumb

pad and the fingers, with the thumb attempting to oppose

the fingers 0 0

5229 Index or long finger, limitation of motion:

With a gap of one inch (2.5 cm.) or more between the fingertip

and the proximal transverse crease of the palm, with the

finger flexed to the extent possible, or; with extension limited

by more than 30 degrees 10 10

With a gap of less than one inch (2.5 cm.) between the fingertip

and the proximal transverse crease of the palm, with the finger

flexed to the extent possible, and; extension is limited by no

more than 30 degrees 0 0

5230 Ring or little finger, limitation of motion:

Any limitation of motion 0 0

[Philip Rogers]

They accepted you and are stuck w/whatever happens. It'll be a battle but you should prevail.

pr

[jbasser]

I agree with PR. It is time to get busy.

J

[brad]

[Very, very helpful, My point is they were aware of this disability long before I came in. The disability was strong enough to declar my disable from all services. It was even detected in boot camp. I can't hold a weapon at all, honest. I was dischared by the navy not the marines. The question was always " how did you get in" It could not get any worse. I was dischared 18 months before mine time supposed to end

Brad,

Did your hands become much worse because of your service?

The VA may grant service connection if your pre-existing condition was clinically shown to be worsened by military service. In my case, I had a mild pre-existing condition that became severely worse. I won 30% for it, but the VA reduced it by 10% because they said it was pre-existing.

You might want to obtain copies your service medical treatment records, entrance/exit physicals, personnel file, claims file, and any VAMC treatment records. Go through these carefully and look for anything which can be helpful with your claim.

This information may be helpful too:

§4.45 The joints

http://www.benefits....PART4/S4_45.DOC

As regards the joints the factors of disability reside in reductions of their normal excursion of movements in different planes. Inquiry will be directed to these considerations:

(a) Less movement than normal (due to ankylosis, limitation or blocking, adhesions, tendon-tie-up, contracted scars, etc.).

(b) More movement than normal (from flail joint, resections, nonunion of fracture, relaxation of ligaments, etc.).

© Weakened movement (due to muscle injury, disease or injury of peripheral nerves, divided or lengthened tendons, etc.).

(d) Excess fatigability.

(e) Incoordination, impaired ability to execute skilled movements smoothly.

(f) Pain on movement, swelling, deformity or atrophy of disuse. Instability of station, disturbance of locomotion, interference with sitting, standing and weight-bearing are related considerations. For the purpose of rating disability from arthritis, the shoulder, elbow, wrist, hip, knee, and ankle are considered major joints; multiple involvements of the interphalangeal, metacarpal and carpal joints of the upper extremities, the interphalangeal, metatarsal and tarsal joints of the lower extremities, the cervical vertebrae, the dorsal vertebrae, and the lumbar vertebrae, are considered groups of minor joints, ratable on a parity with major joints. The lumbosacral articulation and both sacroiliac joints are considered to be a group of minor joints, ratable on disturbance of lumbar spine functions.

Supplement Highlights reference: 37(1)

§4.71a Schedule of ratings—musculoskeletal system

http://www.benefits....ART4/S4_71a.DOC

THE WRIST

Rating

Major Minor

5214 Wrist, ankylosis of:

Unfavorable, in any degree of palmar flexion, or with

ulnar or radial deviation 50 40

Any other position, except favorable 40 30

Favorable in 20º to 30º dorsiflexion 30 20

Note: Extremely unfavorable ankylosis will be rated as loss of use of hands under diagnostic code 5125.

5215 Wrist, limitation of motion of:

Dorsiflexion less than 15º 10 10

Palmar flexion limited in line with forearm 10 10

EVALUATION OF ANKYLOSIS OR LIMITATION OF MOTION

OF SINGLE OR MULTIPLE DIGITS OF THE HAND

(1) For the index, long, ring, and little fingers (digits II, III, IV, and V), zero degrees of flexion represents the fingers fully extended, making a straight line with the rest of the hand. The position of function of the hand is with the wrist dorsiflexed 20 to 30 degrees, the metacarpophalangeal and proximal interphalangeal joints flexed to 30 degrees, and the thumb (digit I) abducted and rotated so that the thumb pad faces the finger pads. Only joints in these positions are considered to be in favorable position. For digits II through V, the metacarpophalangeal joint has a range of zero to 90 degrees of flexion, the proximal interphalangeal joint has a range of zero to 100 degrees of flexion, and the distal (terminal) interphalangeal joint has a range of zero to 70 or 80 degrees of flexion.

(2) When two or more digits of the same hand are affected by any combination of amputation, ankylosis, or limitation of motion that is not otherwise specified in the rating schedule, the evaluation level assigned will be that which best represents the overall disability (i.e., amputation, unfavorable or favorable ankylosis, or limitation of motion), assigning the higher level of evaluation when the level of disability is equally balanced between one level and the next higher level.

(3) Evaluation of ankylosis of the index, long, ring, and little fingers:

(i) If both the metacarpophalangeal and proximal interphalangeal joints of a digit are ankylosed, and either is in extension or full flexion, or there is rotation or angulation of a bone, evaluate as amputation without metacarpal resection, at proximal interphalangeal joint or proximal thereto.

(ii) If both the metacarpophalangeal and proximal interphalangeal joints of a digit are ankylosed, evaluate as unfavorable ankylosis, even if each joint is individually fixed in a favorable position.

(iii) If only the metacarpophalangeal or proximal interphalangeal joint is ankylosed, and there is a gap of more than two inches (5.1 cm.) between the fingertip(s) and the proximal transverse crease of the palm, with the finger(s) flexed to the extent possible, evaluate as unfavorable ankylosis.

(iv) If only the metacarpophalangeal or proximal interphalangeal joint is ankylosed, and there is a gap of two inches (5.1 cm.) or less between the fingertip(s) and the proximal transverse crease of the palm, with the finger(s) flexed to the extent possible, evaluate as favorable ankylosis.

(4) Evaluation of ankylosis of the thumb:

(i) If both the carpometacarpal and interphalangeal joints are ankylosed, and either is in extension or full flexion, or there is rotation or angulation of a bone, evaluate as amputation at metacarpophalangeal joint or through proximal phalanx.

(ii) If both the carpometacarpal and interphalangeal joints are ankylosed, evaluate as unfavorable ankylosis, even if each joint is individually fixed in a favorable position.

(iii) If only the carpometacarpal or interphalangeal joint is ankylosed, and there is a gap of more than two inches (5.1 cm.) between the thumb pad and the fingers, with the thumb attempting to oppose the fingers, evaluate as unfavorable ankylosis.

(iv) If only the carpometacarpal or interphalangeal joint is ankylosed, and there is a gap of two inches (5.1 cm.) or less between the thumb pad and the fingers, with the thumb attempting to oppose the fingers, evaluate as favorable ankylosis.

(5) If there is limitation of motion of two or more digits, evaluate each digit separately and combine the evaluations.

I. Multiple Digits: Unfavorable Ankylosis

Rating

Major Minor

5216 Five digits of one hand, unfavorable ankylosis of 60 50

Note: Also consider whether evaluation as amputation is warranted.

5217 Four digits of one hand, unfavorable ankylosis of:

Thumb and any three fingers 60 50

Index, long, ring, and little fingers 50 40

Note: Also consider whether evaluation as amputation is warranted.

5218 Three digits of one hand, unfavorable ankylosis of:

Thumb and any two fingers 50 40

Index, long, and ring; index, long, and little; or

index, ring and little fingers 40 30

Long, ring, and little fingers 30 20

Note: Also consider whether evaluation as amputation is warranted.

5219 Two digits of one hand, unfavorable ankylosis of:

Thumb and any finger 40 30

Index and long; index and ring; or index and little fingers 30 20

Long and ring; long and little; or ring and little fingers 20 20

Note: Also consider whether evaluation as amputation is warranted.

II. Multiple Digits: Favorable Ankylosis

Rating

Major Minor

5220 Five digits of one hand, favorable ankylosis of 50 40

5221 Four digits of one hand, favorable ankylosis of:

Thumb and any three fingers 50 40

Index, long, ring, and little 40 30

5222 Three digits of one hand, favorable ankylosis of:

Thumb and any two fingers 40 30

Index, long, and ring; index, long, and little;

or index, ring, and little fingers 30 20

Long, ring, and little fingers 20 20

5223 Two digits of one hand, favorable ankylosis of:

Thumb and any finger 30 20

Index and long; index and ring; or index and little fingers 20 20

Long and ring; long and little; or ring and little fingers 10 10

III. Ankylosis of Individual Digits

Rating

Major Minor

5224 Thumb, ankylosis of:

Unfavorable 20 20

Favorable 10 10

Note: Also consider whether evaluation as amputation is warranted and whether an additional evaluation is warranted for resulting limitation of motion of other digits or interference with overall function of the hand.

5225 Index finger, ankylosis of:

Unfavorable or favorable 10 10

Note: Also consider whether evaluation as amputation is warranted and whether an additional evaluation is warranted for resulting limitation of motion of other digits or interference with overall function of the hand.

5226 Long finger, ankylosis of:

Unfavorable or favorable 10 10

Note: Also consider whether evaluation as amputation is warranted and whether an additional evaluation is warranted for resulting limitation of motion of other digits or interference with overall function of the hand.

5227 Ring or little finger, ankylosis of:

Unfavorable or favorable 0 0

Note: Also consider whether evaluation as amputation is warranted and whether an additional evaluation is warranted for resulting limitation of motion of other digits or interference with overall function of the hand.

IV. Limitation of Motion of Individual Digits

Rating

Major Minor

5228 Thumb, limitation of motion:

With a gap of more than two inches (5.1 cm.) between the

thumb pad and the fingers, with the thumb attempting to

oppose the fingers 20 20

With a gap of one to two inches (2.5 to 5.1 cm.) between the

thumb pad and the fingers, with the thumb attempting to

oppose the fingers...................................... 10 10

With a gap of less than one inch (2.5 cm.) between the thumb

pad and the fingers, with the thumb attempting to oppose

the fingers 0 0

5229 Index or long finger, limitation of motion:

With a gap of one inch (2.5 cm.) or more between the fingertip

and the proximal transverse crease of the palm, with the

finger flexed to the extent possible, or; with extension limited

by more than 30 degrees 10 10

With a gap of less than one inch (2.5 cm.) between the fingertip

and the proximal transverse crease of the palm, with the finger

flexed to the extent possible, and; extension is limited by no

more than 30 degrees 0 0

5230 Ring or little finger, limitation of motion:

Any limitation of motion 0 0

[brad]

[Thank you for your concern. This matter bothers me because I feel as though I was taken advantage of. I know my records was checked long before I was dischared but was hush,hush due to the nature of my case. If you could see me hold a rifle, you would know what I mean. By the way, I was in a musical outfit, so it was easy to just let things ride out. But when I was ready to leave this outfit, that is when it could no longer be concealed. The US Navy said "no way". the navy were the one to sign me out because I could not stay in a musical outfit.

Welcome, and thank you for your service!

With the money we piddle away on far less worthy causes, I have no quarrel with veterans getting compensation.

It doesn't sound to me like you're attempting anything fraudulent.

I suggest talking to a Veteran Service Officer to see if they may assist you.