Veteran/child Of Nam Vet Exposed To Ao

[Andyman73]

Well, I done gone and did it. I was at Leb. VA for C&P for knee increase. While killing time I spoke with the Enviro. Health rep. Gave her a copy of my DD-214 and my father's. Also a copy of the page of my original VA rating letter that stated spina bifida of S-1. She is excited because I am her very first Child of AO. I also spoke with the Bennies counselor, who put in my AO claim, and officially stamped it as received. I am his first as well. Guess I'm #1, huh? I pointed out to him that my proof is the VA's own X-ray and rating letter!!! He said that the regional office for this type of claim is in FL. And he's got no idea what kinda time line we're looking at, here. She was talking to the other person in the Enviro health office, about medical workups and said that I shouldn't need the same kind that a non-Vet Child of AO would need, since I'm already in the VA's system. I'm nervous and excited to see how this will play out. I hope and pray that the burden of proof has already been met, with their own X-ray, and they accept and qualify my claim.

I wonder if this will then stand as proof for secondary SCD I may be dealing with. I welcome any and all comments. My Dad, on the other hand, is not sure if he wants to put in his own AO claim. Or any of the laundry list of SC and denied SC claims. When I spoke to him, he seemed like maybe he didn't want to face this giant one more time(VA). I think I may have opened a box that has been sealed and hidden in the farthest region of his mind. Just writing this now is making me feel horrible, what kind of son am I, to release that Dog of War in his mind?

Dang...

[FormerMember]

You have no idea how much I've researched how we got there, Cowboy, How we got home. How we got to Clark or how we got to Sidney on R&R. Everyone has a story. I collect them. I have a few of my own. One of these days I'll buy some beer and we'll talk, Buck. I'm getting out more now. Going to Las Vegas for the NOVA convention in early March. Lots of knowledge there. And stories.

When I came home it was June 17th, 1972- 0200 at SF airpatch . The only ones up were the Hari Krishnas. I was still wearing camo and my Model 19 under my shirt. My survival knife was still on my belt. Hemostats and a pair of surgical scissors in my top left pocket. I had a name tag and USAF but no insignia. That gave you away and they still had a bounty tied to rank in 72. We won, Buck. We're still alive. Most importantly, we're still not leaving anyone behind. Thank you for not being selfish about serving America-both then and now. It took me almost 40 years to come out of my mental cave. To you and a few others, I can say Welcome Home and mean it. 

[Andyman73]

Asknod,

I mean no disrespect at all.  I also believe I may have a legitimate claim.  I first saw the SB on a letter from the VA.  When I asked about it, I was told that I was born with it and they(VA) don't do birth defects.

Last year when I got my C-file, I saw that x-rays from near the end time of my enlistment, showed SB at S-1.  It also showed other things that either didn't make it into that decision letter, or were downplayed. 

If I've been told all these years that the source of my back pain is this or that, but not all things in total...what then.  Am I to ignore what they found, and neglected to tell me? 

I have looked into the symptoms of the SB, and it clearly says that Level I may be non-symptomatic, or have mild symptoms that don't interfere with life, at all. 

I also have a copy of Dad's first DD214, which shows 4 different RVN related medals, one a RVN service ribbon with 3 bronze stars, another RVN combat medal with 60D(Not sure what that is).  He also showed me his travel orders which puts him in half a dozen FBs in the central highlands.

As for the rest of it, all of you got shafted and disrespected, when you came home.  You all have my utmost undying respect.

Oh, as for what symptoms I have that are recognized in conjunction with SB...scoliosis, misaligned hips, both of which were issues noticed while as a child.  And high arches, also noticed as a child.  The skeletal issues were first noticed during a well child physical for sports.

Also skin conditions that have plagued me since childhood also.  I've enjoyed ADD also, since I was a kid, and depression, that became evident in my young adult years. 

According to the VA's breakdown of symptoms and the Level's which they fall into, most of mine are in Level I.  And again it states that symptoms may not even be evident.  Living with various things that aren't neccessarily worthy of doctor's treatment, doesn't mean that they don't exist, or affect your way of life.

And if I am wrong, then, I humbly stand before you and await my judgement and resulting consequences that follow.

Andy

Edited February 5, 2016 by Andyman73

[Berta]

Just to add....

https://www.law.cornell.edu/uscode/text/38/part-II/chapter-18

We all know these regs have been expanded to certain eligible persons, whose parent served in Korea, explained in detail in the regulations

An "eligible ' person ,for Spinal Bifida benefits due to Vietnam means their parent served in Vietnam between Jan 9, 1962 and May 7, 1975, and they were conceived after that date of Vietnam Service.

The term" child" is regardless of their age or marital status under this criteria,if they are an eligible person...oer 38 USC 1821.

The 2015 VBM cites 38 USCS 1821,

Jones V Principi 10 VetApp (2002) and also

Pratt V Nicholson, 20 Vet App 252, 256, 2006

I dont have time to look up those links/cases and anyone here with the 2015 Edition of the VBM might find more info under Chapter 7.1 there regarding Spinal Bifida benefits(pages 572-591) with some links to help,or maybe someone will post the links to those 2 CAVC cases above.

 

 

Edited February 5, 2016 by Berta

[FormerMember]

Andyman, I mean you no disrespect. I merely recite other cases I've encountered. I have no reason to doubt your dad was in-country. The point I'm trying to get across is VA will never pay you for the SB via your father's presumptive because you served too. When you signed up, unless the Induction physical revealed the SB or you stated your were born with it, you got a Presumption of Soundness determination that will act as a barrier to any entitlement via that avenue. If you had never served, and later came down with some of the Level 2 or 3 criteria, you would be entitled-assuming you had an IMO that supported it. 

Filing for it is futile under your particular circumstances. That is not to say I"m calling you a chucklehead for doing it. VA personnel regularly like to let us chase down some Hoodoo lane looking for things we can never attain. They're so excited to see a real SB child of a Vietnam Vet that they wet their pants and start typing. It will all die a natural death. I don't fault you whatsoever. 

Our job here is to teach what we have learned-not to criticize others. Helping a fellow Vet should never include denigrating him in a public forum. I try to refrain from that and it is the one primary reason I do not visit or post on  "Peggy's Pink Site". Well, that and they showed me the door about five years ago. Best of luck on the claims, sir.

[Chuck75]

On 2/5/2016 at 10:18 PM, Buck52 said:

I ask that? I don't remember?  but okay maybe there's another Buck around here?

Don't the veterans DD 214 Have there Vietnam service on it?  my did  but not all of my TDY Duty was on it and my duty in Germany is not on it

 sent off to the ARB(Army Review Board) of corrections of record DD-214 at Arlington Va.

I had my TDY RVN IN Country travel orders as they renewed them every 60 days and I had St Louis to send me records on my extended stay in glory land as it was not on my 214. but I got that record and proved my two tours over there.

Some reason or another my Mom was cleaning out my Duff-ell Bag and she came across my RVN In country travel orders and I just kept them for some reason or another.

I do remember when they flew us over there  it was ''The Fighting Tiger Airlines''...and coming home I can't remember what air it was...landed in Ft Hord California Oakland transfer station.

that's where I received my Steak Dinner and ETS out,A buddy with the Green Beret  we shopped for new clothes and went to a club had a few beers and caught the next flight home. 

there were no welcome home for us back then at the airports  but I didn't really care I had my dark tan and was alive and happy to be back on American Soil.

Buck

"Don't the veterans DD 214 Have there Vietnam service on it?" Yes, but the VA wanted "feet on ground". That was fairly easy for someone in the army assigned to a unit in Vietnam, but difficult for a sailor assigned to a ship that was home ported in say Japan.  The VA does not consider the Vietnam service medal or some of the other related awards as proof of "feet on ground". But, combat related awards seem to be accepted. I went through this hassle before the "Brown Water" ships list was really developed. At one point one of the ships I rode carried boats that were considered "brown water", but the ship, an amphibious class, was not. ???? Now, all of the ships I was assigned to are on the list, even a reserve training vessel that I went to for annual training in the middle 70's.

 

[Buck52]

okay I see at the top of this post where I ask that I sure did didn't I.

Thanks Asknod for sharing this  lots of research .

Buck