Please review attached pictures Left vs Right

[VetDeniedSince1980s]

My fathers right leg was injured from a recoil from a 105 howitzer. An unfortunate accident caused by a fellow soldier in his unit who was the gunner and my dad was the loader. He didn't give my dad enough time to sidestep out of the way before he pulled the lanyard. 

The recoil as you can imagine caused severe trauma to his right leg. He was in 3 different hospitals for approximately 3 months then released back into the field. A Few months later he was one of the lucky ones who made it home. 

6-7 years later he began to have trouble with his leg. 2 medical opinions both stated that his leg condition was caused by some kind of severe trauma. The only trauma he ever received was his service injury. He began treatments at VA and filed his first claim. He was denied due to 3 clinical records stating his injury was sustained to his left leg. He knew then somehow a mistake had been made when his records were recorded. How is there only 3 records available when he was hospitalized for 3 months in 3 hospitals? So With no other proof he was denied. 

Refilled in 2004 denied again due to lack of evidence. Please note the pictures below. How can that not be proof enough??? How??? Left leg is perfectly normal..., Right leg has trauma written all over it! SMH It was Diagnosed as a venous leg ulcer with varicose stasis and venous IS. 

Someone please tell me how could this be denied? And is still being denied almost 40 years later. My dad, my hero, worked 2 jobs for 20 years 7 days a week with his leg in this condition. It infuriates me to no end!!! Ugh!!!

Now today we are well into claim number 3 we have great representation and hopefully our golden ticket. A buddy statement from the soldier who caused the injury to dads leg and as a witness and having direct involvement in the injury has confirmed the recoil injured his right leg and ankle.. Not his left! Dad and I both still cannot believe I found this veteran after all these years. We also have MRI and scan reports confirming all issues are in his right leg with no issues whatsoever in his left. 

A DRO is reviewing the new and material evidence right now and I pray tonight and every night that Justice will prevail and he will finally be compensated for all he is deserved... 

Oh if only somehow we could claim a CUE on his denials backdating to the 80's how victorious that would be???  But Highly unlikely to be able to prove it as a CUE... You're thoughts??! please share!!!

We will be greatly satisfied with any approval rating at this point. Just to have VA finally admit that they have done him wrong wrong and wrong. 

Please I would love any feedback or input you might have. And prayers for Justice to finally be awarded are greatly appreciated!  Thanks for reading and Good evening!

A proud daughter of a proud veteran

Theresa

[VetDeniedSince1980s]

Thank you for the info Georgiapapa. Our Attorney has requested copies of the morning reports from the NPRC months ago. We are still waiting to receive those. Our Attorney feels strongly there will be some documentation in them that may provide additional evidence that could make his claim bulletproof. Fingers crossed!!! 

The two medical opinions I mentioned above were primary care doctors that examined dads leg when he began to have trouble with his leg      Both could not diagnose back then what the open sore or wound actually was but both felt strongly it occurred due to trauma. Dad explained to both that he was injured from the recoil in Vietnam and both advised him their opinions were that was most likely the cause of it. And to seek treatment for it though VA. Both Drs prepared statements on his behalf including their medical opinions of it being service connected and were submitted as evidence in his first claim. But due to VA's findings in dads clinical records stating the left leg was injured it was denied.

A few months ago I went to a VA appt with dad to consult with a VA vascular dr. We wanted her opinion on his protruding varicose veins and had her examine both legs. We Wanted her opinion if she felt his right legs condition could possibly be due to the recoil injury. As a VA specialist she did not want to say either way really because we know VA docs are for VA  

However to our surprise when we received a copy of her report that was actually written by the resident that was in the room with us taking notes he noted her opinion was that dads injury was more likely than not service related. 

Boom!!!! A VA vascular dr stating she believes it was service related!!! So that evidence has been submitted and we are hopeful that will help his claim. So with that, the buddy statement, MRI and scan reports all showing right leg and ankle issues and nothing with his left. The attorney also included documents of 105 howitzer operating Manual along with actual pictures of soldiers operating them in the field indicating basically with dads location of loading the howitzer it is not even possible he could have been hit in the left leg due to how he had to load it. He also included several articles from over the years of medical errors made when physicians note in their charts of left vs right. Our attorney did an outstanding job and we are hopeful the morning reports come in soon and have something that will seal the deal on his claim.

TY for commenting and all the info you have provided. You and so many others are very helpful and knowledgeable. We really appreciate all your support!!!

 

 

[georgiapapa]

You are welcome.

GP

[jbasser]

Do you have  DRO date yet?  Louisville RO is not an easy one to deal with. I have just witnessed their denial practices on another Veterans claim. Do you have an IME from a outside Doctor? You may need one. Your nest bet is to skip the DRO and go straight for the BVA Video Conference. Louisville DRO is a waste of time. 

 

J

 

J