Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Need Help!

Rate this question


tmoe

Question

Hello everyone I am trying to help a friend he was a combat engineer in Nam . He file a claim in 1983 for jock-rut, a nervous condition, and a dental condition got denied.

IN 2004 at a BVA hearing the first two condition got reopen with new evidence and a remand order for THE RO or AMC to get his SMR from Grand Rapids VA Medical center,where he

was being treated for mental condition and also an Exam and to give an opion as to whether it sc or not. He is currently being treated for jungle rot at VA. He has records he was in hospital

in Da Nang. He also work in this area while there. VA has done nothing on the claim since 2004 they fail to follow the remand order. I suppose to go with him to RO tomorrow either to file new claims

or get thee status of this one. He need help I just dont know what to do to help.. AO claim is something I think he could also apply for but this is not a subject i know too much about. HE has boots on ground

and he has disabilities that could relate to maybe AO I just dont know. Anyone with any suggestion please reply Thanks so much

Link to comment
Share on other sites

  • Answers 17
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

I found 3 cases at the BVA with that Docket number.They all seem to be this same veteran.

Here is the last and most recent decision I found:

http://www.va.gov/vetapp07/Files1/0700589.txt

"Citation Nr: 0700589

Decision Date: 01/09/07 Archive Date: 01/17/07

DOCKET NO. 04-07 923

ORDER

Service connection for a chronic skin disorder, to include

jungle rot, is denied.

Service connection for a chronic acquired psychiatric

disorder, other than PTSD, is denied."

I see no remand order there.

Here are the older decisions.

http://www.va.gov/vetapp05/Files1/0500917.txt

http://www.va.gov/vetapp04/Files/0409386.txt

You posted: "they denied 2010 he was a no show but has until Oct 2011 to file Nod"

Has he attempted in any way at all to give the VARO a good reason why he was a no show?

"What is his best but shortest way to appeal or new claim?"

He has had quite a few bites at the apple already.

The NOD should be filed and he needs to send them whatever evidence they asked for in the VCAA letter.

The denial shows what the claim is lacking.

I am astonished the RO even re-opened this claim.Then again New and Material evidence is often not difficult to provide. The problem with it is that it is usually found not to be probative.

I asked prior "Does he really want to try to attain SC?"

"HE do but he think he knows everything"

Yeah- his multiple denials show he is omniscient.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

Link to comment
Share on other sites

  • HadIt.com Elder

Diabetes is presumptive for service connection for anyone with boots on the ground in Vietnam. Did he get an honorable discharge? Sometimes vets are ashamed to show bad paper. I do know that if all the guys who claim to have served in Vietnam actually were there we would have had about 20 million people there.

Link to comment
Share on other sites

We goes to vamc today got copies of medical records for 2010-11.the first thing he notes a no show he was to report to medical center

on 6-2010 to wear a heart monitor because of a bad ekg report he was a no show. He had a mental exam ,no show. HE SAYS he dont recieve no letter

about appointments. I think the heart monitor scared him, didnt go back. Also in the remand it says something about the VCAA letter or duty to assist

was not in order when he file the claim but it came in effect in 2000 i thinking did they ever start sendind him info about his claim or he cant remember

it. Here is the remand order & reason & bases. I tried to upload but too large this is remand order will add r&b on next post. Thanks

scan0003.pdf

Edited by tmoe
Link to comment
Share on other sites

Diabetes is presumptive for service connection for anyone with boots on the ground in Vietnam. Did he get an honorable discharge? Sometimes vets are ashamed to show bad paper. I do know that if all the guys who claim to have served in Vietnam actually were there we would have had about 20 million people there.

Did he get an honorable discharge? yes he did E-4 and me being around him a little while I AM I can tell he got problem in his mind,also his mental appt was for substance abuse

for one or two joints a week and he says he didnt need any help his problem is bad dreams cant sleep walk all night thinking he's on some guard duty somewhere than he go to dr

theres nothing wrong with me is what he tell them. This will be a hard one but I will try as long as I can to help him but like Bertha said he may not want it,but he dan sure need help.

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • Lebro earned a badge
      Week One Done
    • spazbototto earned a badge
      Week One Done
    • Paul Gretza earned a badge
      Week One Done
    • Troy Spurlock went up a rank
      Community Regular
    • KMac1181 earned a badge
      Week One Done
  • Our picks

    • These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

      Effective Dates

      Martinez v. McDonough (2023)
      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

      Rating Issues

      Continue Reading on HadIt.com
      • 0 replies
    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
×
×
  • Create New...

Important Information

Guidelines and Terms of Use