Won Despite Burned Service Medical Records

[deltaj]

Today is Memorial Day. Today I am remembering my dead father who served in World War II. I think it is appropriate to post today the story of how my father received his 100% rating from V.A. in 2004 despite the fact that his records had burned in the fire at the National Personnel Records Center because he had two bronze stars shown on his DD214. V.A. had denied my dad's first claim for service connected hearing loss. In 2003 I came to visit my parents and my mother showed me the original unrecorded copy of my father's DD214 which showed he had served in combat and had two bronze stars. (I explained to my mother how she and dad could record the DD214 at the county recorders office at the courthouse so he could send V.A. certified copies of the DD214 when needed with claims.) The DD214 also showed combat in Italy and North Africa. I interviewed my dad about combat his combat experiences and one of the things he told me was that he had been offered hearing aids when he was honorably discharged from the U.S. Army since he had such a severe hearing loss. I prepared a new claim for compensation for my dad and had him sign it. I also prepared a handwritten statement for him on a Statement in support of claim form which he signed. In that statement he dicussed the fact that he had served in combat in Italy and Belgium and the fact that he had served in combat in the tank corps in North Africa. In that statement he also mentioned that he was offered hearing aids when he was discharged from the U.S. Army. I attached his statement and a copy of his DD214 to his claim. After all my hard work, my dad took his claim down to a county veterans service officer. For some reason dad delayed mailing it to V.A. for 2 months because a county veterans service officer told him he wouldn't win because the claim had been previously denied. That county veterans service officer was unaware of 38 USC 1154 (b) which states, "In the case of any veteran who engaged in combat with the enemy in active service with a military, naval, or air organization of the United States during a period of war, campaign, or expedition, the Secretary shall accept as sufficient proof of service-connection of any disease or injury alleged to have been incurred in or aggravated by such service satisfactory lay or other evidence of service incurrence or aggravation of such injury or disease, if consistent with the circumstances, conditions, or hardships of such service, notwithstanding the fact that there is no official record of such incurrence or aggravation in such service, and, to that end, shall resolve every reasonable doubt in favor of the veteran. Service-connection of such injury or disease may be rebutted by clear and convincing evidence to the contrary. The reasons for granting or denying service-connection in each case shall be recorded in full." My dad received a 100% rating from V.A. in April 2004. He died about three weeks after the rating decision. He deposited the money in the bank, had a nice lunch out with mom, and was dead about a week or so after the celebration. I later learned that after my father's death mom was terrified V.A. was going to take the money back so she took the money out of the bank for awhile. I helped her file a claim for DIC and she got a check for his month of death benefit at 100%. I also helped her to obtain a widow's property tax exemption as the widow of a totally disabled veteran on property located in Bakersfield, California. I am feeling sad today because my elderly mother is now dying. In a little over a week I will be leaving on Amtrak to go visit her for the last time.

Edited May 30, 2011 by deltaj

[Philip Rogers]

Thanks for sharing that, delta!!

pr

[Notorious Kelly]

Good work on the claim Delta- I know Papa is proud of ya

[Berta]

Delta is a Remarkable woman!

She has helped many here as well as her family members.

Delta , you need to remain strong with your mother's illness.My thoughts are with you in many positive ways.

[VetsLady]

My heart is with you as well Delta, you have honored your Father each and every day.

Thank you for your caring heart and the love you share.

[Pete53]

Today on Memorial day I too remember my Father who died with undiagnosed PTSD in 1982. He earned a Bronze Star with Valor and a Purple Heart during WWII went to war with two Law Degree's from Georgetown and came back and never practiced. It was no picnic growing up as he was an alcoholic who hated every thing that you could consider an Institution in America. In 1961 my Mother took us to live in Mexico to get away from him. I was 17 and the oldest of six kids.

Today I am at peace as I was able to forgive him and actually try to help him. I think it is also important to mention that the VA was of little or no help to him in his life.

I also remember a good high school friend Steve Fordham who was killed in action serving in Viet Nam. I also think about some of our Hadit Members who have died over the years that I have been here.

Last of all the VA has treated me fairly well after I was service connected at 100% and the reason I stay here is to try an encourage those Members who are still fighting for the benefits they earned by their service.

Service whether Volunteer or Drafted has a high price for those who served and their families.