Is This An Early Effective Date Or Cue?

[BasehorVet]

In late 10-2010 I submitted memorandum letter from the Department of the AF that was dated 8-2010, this letter was sent to me because I asked the AF Board to change military records to change my dd214 from JFL to JFL1, the AF Board allowed the request to go forward by saying that the even though the request was not timely filed (26 years after discharge) that in the interest of justice that they will overlook the time requirements.

Subject - Application for correction of military records.

Requested Action - The applicant is requesting to have his separation code of JFL changed so he can receive benefits that have been denied him by the Veterans Administration.

Facts - Applicant was referred to the informal physical evaluation board on 14 Dec 1984, for facet syndrome, lumbar spine, with low back pain. The IPEB found member fit for duty. Member requested a hearing with counsel at the formal physical evaluation board. On Jan 18 1985 the FPEB recommended discharge with severance pay with a disability rating of 10%. The member non-curred with the FPEB and in his rebuttal to the Secretary of the Air Force (SAFPC) requested that he be given additional testing on his back. On March 25 1985 after review of the case file and proceedings from the FPEB the SAFPC recommended discharge with severance pay with a disability rating of 10%. Message was sent which established the discharge date of April 23 1985. Member served 3 years 11 months and 23 days of active service.

Discussion - Member is wishing to receive benefits from the Veterans Administration. Members dd214 form correctly reflects that member was discharged by reason of a physical disability and entitled to severance pay. JFL is the correct separation code for a person who was approved for a medical separation with severance pay.

I applied for my VA benefits while still on active duty so that I would be entitled the day after my discharge. 3 months later the VA denied my claim and now, since I have E-benefits, I see where they say that I was denied because their is no evidence in my SMR or elsewhere that I had any injury or disease during service. I have a Line of Duty determination that states my injury was caused by direct physical trauma to my lower spine while working as an aircraft mechanic in my files from the MEB investigation and over 2 years of physical therapy while on active duty. My final diagnosis was from the Chairman of the Orthopedics Department at Malcolm Grow Medical Center.

I have copies of my SMR's and Admin records that I made 26 years ago and every time in the past I tried to submit them, they would not accept them because they said that all the information was used to deny my original claim in 1985. I have been denied in 1985, 1990, 1999 and now 2009.

I am hoping that the following VA Memo regarding reconsideration of claims is in the works. VA Memo regarding reconsideration of claims

Current Diagnosis from VA med center - Major depression disorder due to uncontrollable pain (90 OXY's monthly), Chronic low back pain, MRI says herniated disc, 3 bulging discs, degenerative facet and spondylosis of entire lumbar spine. Just had C&P for hearing - hearing loss due to aircraft noise exposure, bilateral high range freq loss, bilateral tinnitus, seeing a ENT specialist this month for the discharge from ears, canal scarring and tympanic perforations first diagnosed on my initial hearing exam in 1985. Vertigo has been making my life even more miserable.

Basically, they claim that my records held no mention of a disability or injury incurred or aggravated during active duty upon discharge in 1985, Cue based on records available at the time they denied me 3 months after AF and DOD said 10% disabled and forced me out. Anyone would reasonably agree that I should have at least received a 10% rating for the disabilities based upon the appeal determination by the Secretary of the Air Force. I am not disputing medical opinion but only that I had a statutory benefit entitlement that was ignored in 1985.

[broncovet]

Not Well Grounded is a catch all phrase which means,

"Altho I never read your file as I am illiterate, I am denying you because I am the rater and I said so, and you are nothing but a peon Veteran."

Edited June 8, 2011 by broncovet

[BasehorVet]

Sorry about this next part, I guess I am just frustrated by the whole attitude from the VA that my SMR's were absent of any kind of injury or disease while on active duty and I need to get it off my chest from time to time. Frustration is not a word that sums up the 26 years of pain, relationship problems and employment interuptions. I didn't do anything wrong and I have never been able to claim that I am a service connected disabled Veteran because I am asked by others about how the VA has rated my disabilities and I feel the need to explain to them that the VA has not rated me because of errors. I choose not to bring it up my sacrifice because it is humiliating that the VA deems me to be a parasite trying to suck off the governments nipple.

Since all my SMR's were supposedly used in the original decision, the "well grounded" rule forbade me from being able to connect current health issues to those in the military. "That is not so easy since the VA depends on what "reasonable minds" would have concluded." I think any reasonable mind would have reviewed the following service medical records to figure out that they support the decision by the Secretary of the Air Force that I had a back disability:

01/27/82 Health Care Record Summary of Doctor visit Hurt right hip fell on ice.

01/29/82 Emergency Care and Treatment Emergency room visit Patient C/O pain in right hip due to falling on ice. Patient has pain in lower back. Seen on 1-27-82 at emergency room and given valium. Low back strain.

01/29/82 Health Care Record Summary of Doctor visit Low back pain

12/29/83 Physical Profile Serial Report Physical Profile Chronic lower back pain, with recent strain. No lifting over 10 lbs, no prolonged sitting or standing greater then 30 minutes.

01/27/84 Health Care Record Summary of Doctor visit Low back pain. Narrowing of L4 L5.

01/30/84 Health Care Record Summary of Doctor visit Consult back injury. Narrowing of L4 L5, Lumbar Syndrome, and evaluation for corset fitting.

01/30/84 Physical Profile Serial Report Physical Profile Lumbar Strain, no lifting over 10 lbs, no prolonged sitting or standing greater then 30 minutes.

01/31/84 Consultation Sheet Summary of Physical Therapy Clinic. Lumbar Syndrome, centered lower back pain - clicking noted. Tender LS region. ?Spondylolisthesis

02/17/84 Health Care Record Summary of Physical Therapy Clinic. Lower back pain, Lumbar Syndrome and renew profile.

02/17/84 Physical Profile Serial Report Physical Profile Lumbar Strain, no lifting over 10 lbs, no prolonged sitting or standing greater then 30 minutes.

03/12/84 Physical Profile Serial Report Physical Profile Lumbar Syndrome, no lifting over 10 lbs, no prolonged sitting or standing greater then 30 minutes.

03/22/84 Physical Profile Serial Report Physical Profile Bilateral Spondylolisis L5. No stooping or lifting over 15 lbs.

03/24/84 Health Care Record Summary of Doctor visit PARs defect L5 Slip, Bilateral Spondylolisis, lower spine, chronic lower back strain. Ultra sound therapy recommended.

03/29/84 Health Care Record Summary of Doctor visit Lower back pain, needs permanent profile. Spondylolysis L5 Bilateral.

05/12/84 Health Care Record Summary of Doctor visit Renew profile, lower back pain. AF Form 422 completed.

06/06/84 Consultation Sheet Summary of Doctor visit Lower back pain, After he hears "pop" pain is relieved.

06/06/84 Physical Profile Serial Report Physical Profile Facet Syndrome (No clear evidence of spondylitisthesis. Avoid lifting more then 20 lbs, no pushing or pulling, no climbing.

06/12/84 Health Care Record Summary of Doctor visit Permanent Profile consult, refer to ortho Malcolm Grow Medical Center

06/12/84 Physical Profile Serial Report Physical Profile Facet Syndrome (No clear evidence of spondylitisthesis. Avoid lifting more then 20 lbs, no pushing or pulling, no climbing. No aerobics.

07/19/84 Narrative Summary Cross Training of xxxxxx. Patient presents with most likely symptom of FACET Syndrome with myefacial chronic pain pattern. Cross training is recommended to career field in which the straining, pulling and pushing will be avoided. Should wear a lumbosacral corset to support his lower back and avoid types of exercise and past time activities which will include no straining of the lumbar spine. Patient had a series of low back x-rays. Came with a diagnosis of Spondylolysis, on examination of x-rays there is no clear evidence of spondylectic defect. Patient does have a suggestion of a partial defect on pars of the L5 level but there is no clear defect. Facets are all normal and disc spaces are normal without any signs of degenerative disc disease.

08/02/84 Report of Medical History MEB Medical History Report Hearing loss, broken bones, recurrent back pain, wear brace for back support.

10/11/84 Medical Board Report Summary Statement Facet Syndrome, lumbar spine. 24 year old male has facet syndrome which runs in intermittent course where he has discomfort for hours to days to weeks after a lifting or twisting mishap. Originally thoughts were given to cross training however patient is planning to separate from AF in April 1985. Not unfitting.

10/17/84 Line of Duty Determination Finding injury occurred in the line of duty

10/17/84 Line of Duty Determination Line of Duty Determination Low back strain, 1-27-82, approx 2200 hours patient was pulling liquid oxygen cart on the flight line when the listed injury happened.

01/18/85 Findings of PEB Disposition of PEB Facet Syndrome, lumbar spine, with low back pain. Is unfitting, degree of impairment is permanent, 10 percent rating. Hearing loss, minimal, row A column A not unfitting, impairment is permanent 0 percent rating. Member is unfit because of physical disability.

Edited June 9, 2011 by BasehorVet