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veillettecathy

1968 And 21-526 E Veteran Application For Compensation Or Pension At Seperation From Service

Question

My husband was hospitalized for 50+ days transferred from one hospital to the next for a LOD injury percussion or blast from month long artillary war games, which resulted in a delayed diagnosis which resulted in his right testes to become necrotic and reported on the pathology report as" extensive hemmorage and coagulation necrosis and a slit in the tunica albuginea" the final diagnosis was Infarcted right testicle. The 2 other diagnosis was "Epididymitis (nonveneral) and Torsion"

They removed the right testes ( Orchiectomy, unilateral) but did surgery on the left testes (Orchiopexy) which is usally done for testicle Torsion, I suspect they allowed him his right testicle to rot and 35 days of wait and see atitude which = incompetence,negligence or torture is how I see this type of treatment and my RN background.

Question original claim filed prior to discharge 21-526 e.

1. Are these claims handled differently today/

2. He was rated in 68 10% with 30% ( no pay) since recently of 2012

3. His original claim where the Togus Veterens Adm stamped has the date and a " NP" what does NP abbreviation mean I know it is not nurse practioner, but it is diffucult to find info on old claims from 68

4.He had one testicle removed and the other operated on and what should his original rating should of been? I was thinking 30% but with both affected would it still be 30?

5. I noticed on alot of his papers it is marked 00 under anatomical loss isn't that incorrect?

6.We have been married 32 yrs and 2 kids and never got any extra in all these years for dependents.

7. We are moving to Ocala area FL and I need to find a lawyer or a real good VA rep as I am the person doing all the research, writing letters etc as my husband can not cope with VA , As I need to file maybe a CUE claim or other claim due to the blatent mistakes of basically the claim from the beginning as I dig I find errors so argreacous. Why I need to find someone that I can trust to look and act on these mistakes and take action I can help as much as able but I have been quite ill for a year or more.

Any info would be so appreciated, I feel I am fight a blind deaf goelith..What a mess..

Thank you, Cathy

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5 answers to this question

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Based on what you posted, my first piece of advice is for you to go to this site and consider the possibility of pro bono legal representation, tho I certainly can not say whether or not you would qualify.

There is a directory of legal assistance there, if you follow the links.

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Also, I met a Vet a few months ago at the VA, and something similar happened to him. He was awarded benefits many years ago, apparently did not know it, and the VA put the checks into an account in his name, since the Va did not have this Veterans address.

He had a hard time getting his money..and was suicidal. Unfortunately, I dont know how his case turned out.

Other than a lawyer, you could start by making sure the VA has his address, and most certainly do an IRIS inquiry as to where the money is.

There is a reasonable chance the VA owes you tens or even hundreds of thousands of dollars.

Do you have copies of these rating decision(s) from 1968?

What some people do, on this site, if they want help is they post the decision(s) but cover up the name, ssn etc. You can do this by copying the decision and then "white out" the name and ssn on the copy, of course not on your original.

You see, when we appeal, we often try to "refute" the VA's decision. And, of course we would need to see what it said to try to refute it, or guess that it had CUE.

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And, to answer your question "have things changed" since 1968..sure, but some things are the same.

I would definately try honey, rather than vinegar, first, tho.

You could send an IRIS email inquiring as to your address. You may even try, or even get results with, something like this, in an IRIS email.

"My husband was awarded (apparently 10% plus 30% according to your post), and he has not been receiving anything. I am updating my address and need to know what I need to do to start receiving compensation for this Service connected injury, since we have not received anything since 1968. I would also like to know what I need to do to collect this backpay. "

Something like that...then wait. See what they say..give them a couple weeks to a month to respond.

Then, you can also try a similar letter to your Regional Office.

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I would check the VA Schedule of ratings ,available here at hadit, for the ratings in existence at time of the 1968 decision for his disability.

"As I need to file maybe a CUE claim or other claim due to the blatent mistakes of basicall"

We have a wealth of CUE info in our CUE forum here. CUEs depend on legal errors such as possibly a wrong rating %, based on the medical evidence the VA had at time of the older decision.

"He was rated in 68 10% with 30% ( no pay) since recently of 2012" for the same disability in 1968?

Broncovet is right. It helps when we can see the actual decision. Do you have the 1968 decision as well as the recent one?

"no pay) since recently of 2012"

Is he a Military retiree?

I got a letter from VA like that about 3 years ago. No retro. It was a very different situation however, and.

they were wrong.

They did give me a ridiculous reason for the lack of retro however.* Did they give him any reason at all. for that?

* I am saving some of these ridiculous decisions for either the H VAC or for my book on VA or for both. I mention it because I found and read this decision just the other day and it is one of the most ludicrous decisions I have ever got.

The rater didnt have a clue on the DIC regs. The OGC got me my money.

Edited by Berta

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Some general thoughts and questions:

It's not patently clear to me, but has your husband not been receiving VA disability compensation at all ? If not, when did the checks stop arriving?

You stated that you have been married to this gentleman for 32 years (since 1980 or so). However, there is that 12 year span from 1968 and 1980 ... did your husband move during that time frame? Was he receiving disability checks instead of Direct Deposit? Could the checks have been returned to the VA, and he 'fell off the face of the earth" as far as the VA is concerned?

1. Are these claims handled differently today/ Despite any current opinion to the contrary, this is a far kinder, gentler VA than in 1968 . While in many cases the actual law may not have changed, the interpretation has, and generally to the veteran's benefit.

2. He was rated in 68 10% Although the current Rating Schedule authorizes only a 0% under DC 7524 for the loss of one testicle, it appears that a 10% was authorized prior to 1994 (59 FR 2527 January 18, 1994, Final Regulation) . Even though the law changed in 1994, he should have been able to keep that 10%. Special Monthly Compensation-k for Loss of a Creative Organ was authorized in 1952, per 21M-1MR Pt IV Subpart ii Chapter 2 Section I .

with 30% ( no pay) since recently of 2012 I don't understand this ... do you mean he recently filed for an increase or filed a new claim and 30% was awarded? When was the 30% awarded?

4.He had one testicle removed and the other operated on and what should his original rating should of been? I was thinking 30% but with both affected would it still be 30? I am thinking you think incorrectly. 10%.

5. I noticed on alot of his papers it is marked 00 under anatomical loss isn't that incorrect? Overtly, it does not appear correct; then again, it would be very helpful to see a scan of the Decision paperwork from that time.

On a side note, sometimes in a case of retroactive disability compensation, there has to be a second signature on the award if the retroactive award is over a certain dollar amount or if the retroactive award is for more than a certain number of years. It's entirely possible that the VA might have called a CUE on themselves; again, this is only a guess.

6.We have been married 32 yrs and 2 kids and never got any extra in all these years for dependents. The extra kicker for spouse and/or dependents does not come into play until the veteran has a 30% or greater disability rating.

My husband was hospitalized for 50+ days transferred from one hospital to the next for a LOD injury percussion or blast from month long artillary war games, which resulted in a delayed diagnosis which resulted in his right testes to become necrotic and reported on the pathology report as" extensive hemmorage and coagulation necrosis and a slit in the tunica albuginea" the final diagnosis was Infarcted right testicle. The 2 other diagnosis was "Epididymitis (nonveneral) and Torsion"

They removed the right testes ( Orchiectomy, unilateral) but did surgery on the left testes (Orchiopexy) which is usally done for testicle Torsion, I suspect they allowed him his right testicle to rot and 35 days of wait and see atitude which = incompetence,negligence or torture is how I see this type of treatment and my RN background.

Question original claim filed prior to discharge 21-526 e.

1. Are these claims handled differently today/

2. He was rated in 68 10% with 30% ( no pay) since recently of 2012

3. His original claim where the Togus Veterens Adm stamped has the date and a " NP" what does NP abbreviation mean I know it is not nurse practioner, but it is diffucult to find info on old claims from 68

4.He had one testicle removed and the other operated on and what should his original rating should of been? I was thinking 30% but with both affected would it still be 30?

5. I noticed on alot of his papers it is marked 00 under anatomical loss isn't that incorrect?

6.We have been married 32 yrs and 2 kids and never got any extra in all these years for dependents.

7. We are moving to Ocala area FL and I need to find a lawyer or a real good VA rep as I am the person doing all the research, writing letters etc as my husband can not cope with VA , As I need to file maybe a CUE claim or other claim due to the blatent mistakes of basically the claim from the beginning as I dig I find errors so argreacous. Why I need to find someone that I can trust to look and act on these mistakes and take action I can help as much as able but I have been quite ill for a year or more.

Any info would be so appreciated, I feel I am fight a blind deaf goelith..What a mess..

Thank you, Cathy

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