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

Do I Have A Case?

Rate this question


gbat

Question

I am just wondering if I have a case. I was a gunners mate in the navy aboard the USS DEYO. In 1981 and 1983 we got assigned for special Operation mission off the coast of El salvadore, Honduras and niceragua. I believe it was called jittery prop. The ship was sent there because of the special equipment onboard to easdrop on communications. We also had a blackhawk helicopter on board with Army rangers who flew inland looking for gun runners. Everything was hush hush until years later. One of the door gunners got sick one day and I took his place. To make a long story short, I was given five minutes training and off we went. We took off in the early morning hours before daylight and were using night vision devices. About ten minutes into this flight I heard the pilot say there was some tracer fire coming up my side and ask me where it was coming from. I didn't know because i was still trying to figure out these googles. He banked very hard and I Thought I was going to fall out of this helo. I was just terrified that I was going to fall out. About five years ago I almost fell off a roof and had some flash backs of that day. Since then I have biweekly dreams and on sleeping pills and xanax waking up terrified from that dream. I seen a theripist and she believes it is PTSD. Is this worth a claims case. I am a little embarresed because of what other pepeol went thu. I am also still employed. So is it worth it? What if the deck logs I requested don't have me on this chopper? Thanks for any help

Link to comment
Share on other sites

  • Answers 12
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

  • Moderator

If you have all of the 3 above, and are willing/able to "stay the course" for appeal, you have a 80% plus chance of being awarded benefits, assuming you have an "honorable" discharge, and that you can locate your records.

If you are missing one or more of the above, your chances drop to less than 1%. Exception: If you are lacking a Nexus, and you are willing to Get an IMO/IME, then your chances go back to 80% plus on appeal.

J1VO.

Link to comment
Share on other sites

I am just wondering if I have a case. I was a gunners mate in the navy aboard the USS DEYO. In 1981 and 1983 we got assigned for special Operation mission off the coast of El salvadore, Honduras and niceragua. I believe it was called jittery prop. The ship was sent there because of the special equipment onboard to easdrop on communications. We also had a blackhawk helicopter on board with Army rangers who flew inland looking for gun runners. Everything was hush hush until years later. One of the door gunners got sick one day and I took his place. To make a long story short, I was given five minutes training and off we went. We took off in the early morning hours before daylight and were using night vision devices. About ten minutes into this flight I heard the pilot say there was some tracer fire coming up my side and ask me where it was coming from. I didn't know because i was still trying to figure out these googles. He banked very hard and I Thought I was going to fall out of this helo. I was just terrified that I was going to fall out. About five years ago I almost fell off a roof and had some flash backs of that day. Since then I have biweekly dreams and on sleeping pills and xanax waking up terrified from that dream. I seen a theripist and she believes it is PTSD. Is this worth a claims case. I am a little embarresed because of what other pepeol went thu. I am also still employed. So is it worth it? What if the deck logs I requested don't have me on this chopper? Thanks for any help

Thanks for your time everyone. You guy's really know your stuff.

Link to comment
Share on other sites

  • HadIt.com Elder

How long do these appeals take? I know the answer varies? Could someone give me estimates?

Appeals can take 18 months to 10 yrs. Mine started in 4/89 and I won 100% retro in 9/99. It was well worth the battle. I only wish I knew I had something wrong w/me many yrs earlier. I kept winning something along the way, which kinda helped me fight the fight.

pr

Link to comment
Share on other sites

  • Moderator

By making sure you have your ducks in a row, it is less likely for you to have to appeal. Make certain you have all the three things I listed, and it will be much harder for the VA to deny you. You may even get awarded benefits on the first round. Prepare for the worst, hope for the best.

If you DO have to appeal, consult hadit. You would need to file a NOD within a year. Further, I think its a good idea to do a great job on your NOD..clearly give the exact reasons you think you deserve benefits. And that reason is never, "gee, I need the money".

Its always something like, "According to CFR 3.156 C, I deserve an earlier effective date as I submitted New and material evidence on July, 14, 2009".

Link to comment
Share on other sites

All you have to do is get copies of the pilots log from the Army to show that the mission received hostile fire and prove you were on the mission. Since you didn't seethe tracers there is a good chance there wasn't any. Some pilots and crew members are notorious for trying to scare hell out of rookies. The Navy should have reference to it in your service records.My records from VN were very detailed(time,date ,kind of mission,hostile fire etc. etc). No such luck with medical records.

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

    • KMac1181 went up a rank
      Rookie
    • Lebro earned a badge
      First Post
    • stuart55 earned a badge
      Week One Done
    • stuart55 earned a badge
      One Month Later
    • Lebro earned a badge
      Conversation Starter
  • Our picks

    • 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.   
    • Welcome to hadit!  

          There are certain rules about community care reimbursement, and I have no idea if you met them or not.  Try reading this:

      https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/

         However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.  

         When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait!  Is this money from disability compensation, or did you earn it working at a regular job?"  Not once.  Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.  

          However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.  

      That rumor is false but I do hear people tell Veterans that a lot.  There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.  

      Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.  

          Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:

      https://www.law.cornell.edu/cfr/text/38/3.344

       
    • Good question.   

          Maybe I can clear it up.  

          The spouse is eligible for DIC if you die of a SC condition OR any condition if you are P and T for 10 years or more.  (my paraphrase).  

      More here:

      Source:

      https://www.va.gov/disability/dependency-indemnity-compensation/

      NOTE:   TO PROVE CAUSE OF DEATH WILL LIKELY REQUIRE AN AUTOPSY.  This means if you die of a SC condtion, your spouse would need to do an autopsy to prove cause of death to be from a SC condtiond.    If you were P and T for 10 full years, then the cause of death may not matter so much. 
×
×
  • Create New...

Important Information

Guidelines and Terms of Use