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Filing For Compensation


JohnM

Question

I'm new to the board

I never knew about VA compensation until June of this year. I fell off two helicopters while working on them

but never complained in fear of being marked as a ( xxxxx ) that was 69-72. I was in the Vietnam war. I was in pain with shoulder and back. this last year my back said no more. I have had surgery on my back this year. was diagnoissed with lumbar decompressin, irreversible nerve damage, diabetes/peripheral neuropathy, hearing loss ( both ears) with tintinnitus and verigo, osteoartirtis, spinal stenosis, brachial plexus, found out that I have spina bifida, and have had basal cell cacinoma, anxiety and depression. My wife has had me file for compesation since we heard about it, Just wondering if anyone thinks that I will get anything or is it just a waste of my time. I know my quality of life has gone down to o. My biggest problem my wife said is I never went to a doctor until I was on My death bed.

Thanks in advance to any advise or suggestions

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John- Welcome aboard-

- wish you got here sooner----

If you are an incountry (boots on ground) Vietnam vet- you were exposed to Agent Orange and your service in Nam is the proof of that exposure.

I assume you filed out the entire 21-526 application form.

The VA should service connect the diabetes with no problem- then again as you access hadit- you will see that bonafide claims often are denied and the veteran has to appeal the denial.

The PN is most likely due to the DMII (I assume this is Type 2 diabetes?)

The hearing loss and tinnitus-this could be supported with your inservice MOS-

If your anxiety and depression stem from the Nam, this can be considered as PTSD-

If there is no documentation in your SMRs (Service Medical Records) of the falls and treatment in service re: the choppers, you will need buddy statements to support this , as witnesses-otherwise that claim will be denied.

there are many other things here- hope they are all in your claim----

BUT- you need documented medical evidence that

1. these are current disabilities and

2. since the diabetes is presumptive for incountry Nam vets, you will need medical nexus on the rest of these disabilities.

The medical nexus (and in the case of PTSD that would be a proven stressor) has to be either in your SMRs or proven by medical evidence.

I strongly suggest that you obtain a service org representative- DAV, American Legion, the VVA- it does not matter who-and they will hold your POA (power of attorney) for your claim.

They can help refine it yet cover all the bases.

We can help too- but lots here-

Spina Bifida is only service connectable in children of Vietnam vets. 38 CFR 3.814

Is the Basal cell at all involved with soft tissue sarcoma?

It is STS (soft tissue sarcoma) that the VA will SC due to AO.

However the specific types of cancer they SC is quite involved.

It is all found within the regs at 38 CFR 3.309.

I am glad your wife is helping you-

It is the time to get your SMRs, and copies of any medical treatment records and to get familiar with VA regs that control your claim.

Each condition above should be in your claim, as it appears that each condition has service connection potential.

Having said that however, the diabetes might get you an initial rating yet the other conditions might be denied.

If the lumbar problems are more than likely due to the fall-a doctor would have to state that-and you would have to prove these falls occurred inservice by buddy statements. The lack of treatment or sick bay call-corpsmen documentation? that will be a tremendous problem to overcome there-

At this link to 38 CFR- go down to the (e) section and you will see what I mean as to Agent Orange types of cancer- there are numerous types of cancer that the VA service connects yet I fully believe that many vets and also many vet reps do not pick up on the proper classification of these cancers in medical records.

http://ecfr.gpoaccess.gov/cgi/t/text/text-...116&idno=38

38 CFR is the controlling legal authority that determines VA claims-

This contains the legal definition of each disability and most importantly how the VA is to rate the disability and determine service connection.

Unfortunately veteran- you will see here at hadit that we VA claimants speak VA legalize because we have to understand what they know, often in order to succeed with SC claims. A disabled veteran with a VA claim has to practically become a lawyer and medical practioner in order to succeed.Wish it was not that way but it is- so feel free to ask us what the abbrevs mean---before you know it you will be talking VA legalize too.

Thank you for your service! Berta

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Guest terrysturgis

Your question about if it is a waste of time to get the compensation you deserve for your aliments. When I discovered this board I treated it like a job and studied HADIT faithfully every day. Sometimes twice a day. I am now 100% Permanent and Total compensated. It takes time but the journey starts with your first step and by coming to this board you took a big step. Berta is right, you need to learn the system and do not get discouraged. Do it for your family.

My ratings are as follows:

DMII - 40

Peripheral Neuropathy right lower - 40%

Peripheral Neuropathy left lower - 40%

Peripheral Neuropathy right upper - 30%

Peripheral Neuropathy left upper - 20%

Tinnitus - 10

Total equals 94% and because I can not work I get paid at the 100% TDIU rate.

John, you need to know that the sooner you file your claims the better as the clock starts at the time you file. I took me a little over two years to finish my claims. That's OK because my retro check was for $40,000.00. Welcome aboard and Good Luck! Terry Sturgis

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Thanks everybody

This is John's wife talking now.

The problem is John doesn't remember who was with him when he fell off the choppers, If anyone in the

Marine Corp remembers JM and that he fell it would be very helpfull to us. Trying to get any info is going to be hard because of the fact John would not go to any Doctors until now. I really don't know if its being a proud man or a stubborn man.

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Guest jangrin

John,

I'm a vets wife. If your wife is willing, (and it sounds like she is) I would have her start coming on to the web site here at Hadit. It is important that she be supportive while you work through the process of the claim and learning how things work. It can get discouraging and if she is learning along with you it can help alot. I know that for my husband and I we are together on this. (I type and he reads because his PN (peripheral neuropathy) from his DMII keeps him from typing. We are new to this also, just started the process in Feb of 2006, we didn't know about compensation either. Hang in there the people here at Hadit are here to help and answer questions. Good luck to you and your family.

Jangrin :)

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John

You need to get your eyes checked also since DMII can cause blindness and that would be another secondary condition like the PN.

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