tinnitus Nam Vet with Crohn's Disease

[Andyman73]

Hello, it's me.  I need some help here with this.  One of my co-workers is a Vietnam Veteran, was a .50 cal gunner on a 50ft patrol boat.  He spent most of his time in the Delta region.  He developed Crohn's Disease while on AD.  He ended up being Med retired as an E-4 in 1973.  We had talked off and on over the past few years, and I knew this, and that he had spent some time in the squared circle with the VA.  As is typical of most Nam Vets, he really didn't want to much to do with the VA.

When he did inquire as to what he might get for the Crohn's, they told him 10-15%, 40 years ago.  He also filed for tinnitus and hearing loss, both denied.  But sometime many hears later the VA gave him hearing aids for both ears.  He said one of his boat mates pulled the trigger on his .50s when he was laying on the deck with his head right below the muzzles, as a joke.  Told me that he felt the concussive blasts squeeze his head and felt his ears nearly rupture.

He told me that the VA had wanted to operate on him for his illness, but he was loathe to let them attempt to "heal"(kill) him.  He had 2 surgeries in the years since, one was to fix lesions that formed on his bladder due to the Crohn's.  His other was to remove intestine.  He told me that he only has 2-3 feet of his small one left.

He said, when asked, that his retirement is only about $400 and change.  I told him that he needs to come at the VA with both barrels of his twin .50 blazing, since his rating should give him many times more than the retirement amount.

That being said, I told him I would ask on here for guidance and gather some info to share with him.  So he can make a solid decision regarding this.  I looked on the rating chart, but could not locate Crohn's disease on it.

This is my first honest attempt at helping another Vet get what they deserve. 

Asknod, I know you have insider knowledge with Crohn's, since you are a card carrying member of that special club.  This old Vet was tearing up as I was telling him that he has a brighter future ahead of him as his retirement date looms. 

Thank you to all who chime in with guidance.

Semper Fi.

Andyman

[broncovet]

The first thing that "jumped" out at me was this Vet needs to apply for NSC Pension.  Its a lot more than 400 per month (about 1100 depending on his dependents), and he should be able to get that while he is waiting on compensation increase.  

Then he needs to order his cfile.    Documetation is everything and you need to find out what exactly IS documented to see how to proceed.  

He needs to look over his decision(s) carefully to see if they listed ALL the evidence, especially SMR, ESPECIALLY related to the "gun" incident.  

After that, he should decide if he wants to "reopen" due to new and material evidence, 3.156  OR

apply again for a new claim and try to get an earlier effective date later on down the road.  

[Navy04]

I agree with Broncovet, and Andyman Glad to see that you are helping your friend. I too have had Severe Crohns since 2009, and soon enough will have to have the Bag to get by. I don't think that your friend will have any issues get NSC or even SC pension. Wish him the best, and keep us posted

[Andyman73]

The first thing that "jumped" out at me was this Vet needs to apply for NSC Pension.  Its a lot more than 400 per month (about 1100 depending on his dependents), and he should be able to get that while he is waiting on compensation increase.  

Then he needs to order his cfile.    Documetation is everything and you need to find out what exactly IS documented to see how to proceed.  

He needs to look over his decision(s) carefully to see if they listed ALL the evidence, especially SMR, ESPECIALLY related to the "gun" incident.  

After that, he should decide if he wants to "reopen" due to new and material evidence, 3.156  OR

apply again for a new claim and try to get an earlier effective date later on down the road.  

Ok, how does he apply for the NSC? I know he is married.  I'm not sure if he ever did file a claim for the Crohn's, but I know it will be a slam dunk since it developed while on AD, and resulted in his being medically retired...so...quite obviously SC. 

So for the Crohn's he should just file as a new or initial claim on that contention, and submit all his evidence, then?  Should he try for FDC, since he has STRs showing DX and treatment, the subsequent Med Retirement, and crates of private Dr. treatment records?

Yep, C-file for sure!  I know he has one since he told me he was denied for hearing loss and tinnitus. 

I don't know if he wants to fight the VA for EED and the like at this time.  I know he is due to retire within 2 years, so he probably would want to just get what's due him, to start with.

Ok, I will inform him, ASAP, as to the basic first steps to take.

Semper Fi.

Andyman

[broncovet]

Well, when I applied, I sent it a 21-4138 and asked for it.  A search shows you apply for pension on the same form you apply for comp..21-526.  Pension management center address:

http://www.benefits.va.gov/PENSION/resources-contact.asp

If his wife is working then it may not be worth it, since its a needs based, which basically guarantees an income of 1000 per month.  Any thing earned by the housed is deducted from the 1000 per month.  

 

[Andyman73]

Ok, so he probably won't get it.  I passed on the earlier learned info, and he told me that back in the day he was nearly unemployed for over 5 years.  This was during the time after he was med retired.  He was on a temp type of compensation at 60% and that stopped after 5 years.  Said they told him he can have the 30% from either Navy or VA, but not both. But before he could even chose, the VA dropped theirs to 10%, so he went with the retirement option.

I told him to file the Crohn's claim this evening afterwork, since he does have an active eBenefits account.  That way it establishes his EED.  Also I told him that he should also file for PTSD, since his Delta boat cruise up and down the backwater rivers and canals gave opportunity to share the lead love with the local opposition.

Not only that, I told him, the long term mental health effects of the Crohn's and the Nam combat certainly have done a number on his MH.  He told me that he does have the CAR with devices.

Semper Fi.

Andyman

[stillhere]

He should also look at filing to have his hearing loss and tinnitus reopened.

Has he ever had the AO exam at the VA? If not get him in there quick as you can too!

I am always surprised when I find vets from Vietnam that have not filed for AO mainly because they don't want to deal with the VA. That is exactly what the VA wants! Please tell him he earned the rights for his benefits by serving his country and get him in the loop!

Thank him for his service and tell him for me please "Welcome Home"!

Stillhere