cervical strain Regard Gunshot Inury In Gulf War

[crazyhorse3022]

Jus looking for some insight. I have a congressmans office involved a few month ago. My claim has been in reno. I filed for neck strain back in 1996 but was denied. I didnt appeal so it was final. I know me cervical strain is a result of the gunshot injury in 1991. The va stated there was no correlation between the injury and neck issue. I was diagnosed with osteoarthritis in 2003 by the va. Its rather interesting the Va grants service connection for bullet fragments in scalp and concussion and amnesia but at 0% for scar. I have uneven bridging on the left side of my head which the va doc never examined. Most of all i believe that i hope to get my dd214 corrected and receieve the purple heart. its been a long time. I have two medical opinions verifying the injury now and a statement from my corpsman. I am going to pursue this and hope to get it rated back to 1991. Whats funny is i didnt remember what happened after i got shot. Took me 15 yrs to recall the close range shot in an enemy bunker. Plus the va has only my service treatment records up until aug 1990. I got out in April 1991. How can they deny me when there are no medical records after aug 1990. Any advice would be appreciated.

[71M10]

On what grounds do you think you are going to get connection back to 1991 on?

If you didn't appeal, the decision became final, the only way to go back to 1991 is if the decision was a Clear and Unmistakeable Error. That determination of CUE is restricted to the medical records and medical knowledge that existed in 1991.

Do you have a medical opinion that definatively links the cervical neck strain to the gunshot wound(that was part of the file in 1991)?

Don't get me wrong, I agree you were lowballed, I would say in my unprofessional and untrained estimate that 80-90% of vets get lowballed by the VA (I was one of them in 88), But the vast majority of us (me included) didn't appeal. 15 years ago most of us were not on the internet and didn't have access to a supportive on-line veterans community. Now internet access is the norm and veterans are becomming educated and informed about the rules and their options.

You have a 12 year gap between your Osteo-arthritis diagnosis and your injury. They will make a big deal about this!

Personally, when you consider the tactical equipment load that soldiers are required to carry, all spinal and lower extremity arthritis should be presumptive for combat veterans.

You need to request a complete copy of your c-file to include SMR's from the regional office handling your claim. You need to know exactly what the VA has in that file. When you have that copy you need to compare the contents of the claims file to the items listed as evidence on your decisions (not sure if pre 2002 decisions have an evidence list, I don't believe my 2/88 decision did).

You may have a valid basis to file for an earlier effective date, but just because they were wrong usually isn't one of them (once a decision is final).

Good luck, with more details, others will be able to provide better advice.

[Guest]

Most of all i believe that i hope to get my dd214 corrected and receieve the purple heart.

VA can not change your Military records, I hope you have filed a request from the Correction Board.

Edited January 3, 2013 by pete992

[Berta]

"Most of all i believe that i hope to get my dd214 corrected and receieve the purple heart."

Did you file a DD 149 form? I posted the form here at hadit many times.

Just put Not Applicable to the injustice questions.

"I have two medical opinions verifying the injury now and a statement from my corpsman"

Send with the DD 149 any evidence you have as to the GSW in service.

After many vets were discharged during the Vietnam War years, many never saw all of their decorations, medals etc. on their DD 214.

It took a few months ( probably much longer these days, for DOD to correct my husband's DD214 with a 215 and he was surprised to see how many decorations etc he got that were not on his DD 214.

He said they were all herded into a big room at Quantico when many Marines were being discharged and they were asked to fill out a form that USMC prepared their DD 214s with. DUH. Many didnt even know about the PUC they got.

[Guest]

Berta, it took the Correction Board a full year to complete my DD 215 and then I had to send VA a copy of it. I wanted to make sure it got into my C-file.

Here is the form.

http://www.dtic.mil/whs/directives/infomgt/forms/eforms/dd0149.pdf

Edited January 3, 2013 by pete992