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

Usmc Retired

Rate this question


dougbo1943

Question

I retired in 1981. I have 10% Fracture, right great toe wit traumatic arthritis, 0% Bilateral hig frequency hearing lost and 0% left medial meniscetomy. This was given Feb 1982. I was dumb and did not appeal. I never went back to the VA untill Oct. 2000

I my right great toe got so bad I had to get it fused in 1993. Since I have been going back to the VA here in Dallas they have found gout, more hearing lost, degenerative arthritis in both knees, and my right foot inversion. I also have aqquired hammer toes on my right foot.

The hammer toes and foot inversion is due to the way I walk to protect my great toe. I also want to call my right knee secondnary to my right foot problem.

Any advise you can provide is greatly appreciated.

Gunny

Link to comment
Share on other sites

  • Answers 19
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

  • HadIt.com Elder

Gunny,

If you already have a disability rating from VA, then your Service Medical Records are at your VA regional office. You should request a copy of your C-file. You can do this by writing a letter to your regional office citing the 1974 Privacy Act in which you state you would like a "complete copy of your C-file to include "all" SMR's" The VA has 20 days to respond according to Federal law.

To file an increase in evaluations for your current disabilities, you just need to write a letter to the regional office stating so. If you want to claim any disabilities as 'secondary' to an already servcie-connected disability, make sure you state that in your letter too. In order to be succesful in a secondary claim, you'll need an IMO from a doctor stating that such and such condition "is at least as likely as not" secondary to such and such disability. Make sure the doctor gives his/her rational for their opinion by citing relavent medical litrature ect...

Do you have ringing in your ears, otherwise known as tinnitus? This is very common in peolpe with hearing loss. This would give you an additional 10% rating if you do have it.

I hope this helps!

Vike 17

Link to comment
Share on other sites

John999

I have my Service Medical Record with the exception of the discharge exam. I did not get my Dental Record. I sent off on line for my service records but they only sent a few pages of each. I don't have any C-FILE information. I have a complete copy of my VA medical records since I started going back to then in 1999.

Berta

They have not attributed the gout to anything at this time. It has hit both knees and feet. They took me off the water pills and started with the gout meds. The gout meds don't get charged a co-pay. Why I don't know. No diabetes check so for. I don't belive I have it.

I started in USMC as a machine gunner (Mos 0311) for 1ST four years then transferred to aviation as avionics. All my work was on the aircraft. I flew as gunner on the CH-46 for one year in RVN and awarded mulit-airmedals. I also have my flight record for most of that year. The hearing loss, left knee, and right foot are well documented in Service Medical Record. My problem is I never complained about the ringing in my ears as it was just a part of life.

Larry

I will see a SO soon. I just don't have a lot of confidance in one as in early 2000 I used one at the Dallas VA hospital for dental where I wanted dental treatment for the service connection of the lost of my lower front teeth when they was hit by aircraft. It came back as no record of injury. It went beyond the one year appeal date. I know now that I was at fault for not being more I know better now. If I had the dental chart that I have now it would have been different as it has a one line entry that says hit by Jet aircraft.

Thanks all for the help.

Gunny

Link to comment
Share on other sites

Gunny- Chinook? Vietnam?

Make sure you tell them what your MOS was as a gunner-those people are dumb- a DD 214 does not say it all-make sure also that you claim tinnitus-they might focus on avionics and overlook the high level of sound you were exposed to as a gunner in a CH 46-

I dont suppose the gov issued you nice protective head -hearing gear?

Even if they did- I know what it is like to hear radio transmission in a chopper-in flight the sound is awful.I am a civ and just take rides in choppers but even with the soundgear it is LOUD.

and then the guns on top of that must have been very loud for you too-acoustical trauma-certainly can cause hearing loss-

Veteran- DO you have PTSD? Do you think maybe you have PTSD?

If you answer yes to either one please put this in your claim.

Also you might want to send in a DD 149-I will attach one- your DD 214 might not have all your servce decorations or medals. Just say under the injustice part that you want to make sure your DD 214 is correct and if not please prepare a DD 215.

Is that 10% due to fracture in the toe you mentioned?

I think both MArines and Army flew Chinooks- which branch were you in?

DUH I just edited this Semper Fi MARINE!

dd0149.pdf

Edited by Berta

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

I think the tinnitus should not be hard to establish, but have you been tested for hearing loss in general? The VA does it at my VAMC. I might go to a private audiologist and get the works as well.

Link to comment
Share on other sites

  • HadIt.com Elder

Gunny, I am pasting what you just sent to me:

"Larry

I will see a SO soon. I just don't have a lot of confidance in one as in early 2000 I used one at the Dallas VA hospital for dental where I wanted dental treatment for the service connection of the lost of my lower front teeth when they was hit by aircraft. It came back as no record of injury. It went beyond the one year appeal date. I know now that I was at fault for not being more I know better now. If I had the dental chart that I have now it would have been different as it has a one line entry that says hit by Jet aircraft."

You should "re-open" your dental claim. You now have records that make a connection between your dental problem and an incident in service, records that, if I am understanding you correctly, that you did not have when you made your original claim. In which case, you have what is called "new and material" evidence (or something like that) that was not available originally. This is perfect "grounds" for re-opening your old claim (and, with the new evidence, I, personally, think you have a good claim).

If you decide to try to go it alone, then we will try to help you every way we can. But, as my Brother, the Judge, is fond of saying, "The man that decides to represent himself, has a fool for a client.".

"It is cold and we have no blankets.

The little children are freezing to death.

My people, some of them, have run away to the hills, and have no blankets, no food; no one knows where they are-perhaps freezing to death.

I want to have time to look for my children and see how many of them I can find.

Maybe I shall find them among the dead.

Hear me, my chiefs! I am tired; my heart is sick and sad.

From where the sun now stands, I will fight no more forever."

Chief Joseph

Link to comment
Share on other sites

Berta

On my last visit to my VA primary care doctor she recommened that I see a shink to help with my dreams. That was 5 mos ago. I still do not have an appointment. I will see my primary care doctor the 29 of this mo and will follow up on it.

Yes I was in the marines and flew in the Sea Knights, not the Chinooks. My MOS at the time was for avionics, not gunner. I have my flight log to back up the flying and the airmedals and combat air crew wings are on my 214. The 10 % is for my toe fracture. The hearing loss is docemented as for back as 1965. The VA docemented my hearing loss as mild to serere sensorineural loss both ears. I have VA hearing aids. Word recognition is 100%. When noise was put in background it was nil. I retired in 1981. I just never complained about my ears ringing.

LarryJ

On 9/29 when I go to my primary care doctor's appointment I will try to talk to a SO. I plan to reopen my claim for dental and get the rest started.

I am sending for my C file today.

Thanks all of you for your inputs

Gunny

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.


  • Tell a friend

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

    • 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
    • jERRYMCK earned a badge
      Week One Done
  • Our picks

    • 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.   
    • 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

       
×
×
  • Create New...

Important Information

Guidelines and Terms of Use