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Vietnam Combat Veteran Never Filed!

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Buck52

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  • HadIt.com Elder

 I talked to this Vietnam Veteran the other day.

Can he Vietnam Veteran 1968 -69 file a claim now? he says he was in a fire fight in Nam and the VC started up rounds of Mortars Aimed Right at the squad  he was in and when the incoming started   he was one of the last one to jump in the hole or bunker   just as a mortar round hit within 5 feet he said the sarapnel   hit  the bottom of his feet  and went through his boots

He  has this medically documented  with records as well as the fire fight was documented.

 After he was out of the Hospital he said he was ok little sore but ok  so he finished his tour...ok he stayed in the Army for another 25 Years  and was stationed at different places from time to time during these 25 years  his rank was E-9 Sargent Major. but his feel has always bothered him.

he never thought about filing a claim  this was documented when he retired also and was separated. he ask me how does the VA fIgure how to give a %  or a rating  he said do they go by your rank  or does that matter?   I told him that don't matter   for NCO or enlisted members  but it maybe different for an officer but I said I think were  all the same  once we file a VA Claim for S.C. OR Compensation.  were all consider equal now..LoL Anyway he knows NADDA about the VA And the Claims system.

He had surgery on both feet and they called it sudden impact.....?? Anyone know what that means? thats all it says  and its  his reason for never filing a claim.  he didn't think he could?  After all these Years I ask him why now do you want to file a claim  he said because I'm entitled to.

He ask me about filling a claim for that now and when would his correct EED Be? he as a CIB on his DD-214 AND SPECIAL AWARDS/RIBBONS/CITATIONS ect,,ect,, listed on his DD-214  However he is not filing for  Mental Disability & were both not sure he can be awarded anything if he is not disabled from this injury?

...I told him it just depends on what all the Dr's can say about  how bad it is after the surgery    He had his surgery in a private Hospital. but kept all his medical records   he don't use the VAMC for his Health care  he has private insurance for him and his family  but most of his children are all grown up and not living at home  its just him and his spouse  he is 68 Years Young

How hard would this be to pursue a S.C. Claim and get a rating for this?   although he can still get around but his feet still hurt from this injury....he seems to be pretty well in remembering things from this the past 46/47 years.

Would he treat this just like any other claim?  he said he didn't care what they rated him at   10% would be fine  but I mention to him he needs all his medical records to confirm this and all the treatment he has had from this in service injury Military records and all private medical records.

Anyone have any thoughts on this? I'm sure I'm leaving a lot out this is just what I gathered from talking with him.

Anybody care to comment?

Thanks

...................Buck

 

He had surgery on both feet last year, and hey did remove some old metal fragments ...were guessing from when he was hit with the Motar round some 45/47 years ago.

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Yes, file the claim.  Just get service connected at any %.  Then work on the %'s.

Just my opinion, but don't go overboard on the initial claim and gum up the works, i.e., years and years ,etc.

Just clain foot problems and let then decide the ailments.  Someone with a lot of knowledge on this forum gave me that great advice and it works.

Should be a slam dunk for serivice connection.

Get ur dun, he aint getting any younger,

Hamslice

 

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A veteran can file a claim at anytime, so yes he can file a claim. Due to the fact that he never filed a claim before, VA will most likely treat this claim as any other claim and ask where has he been and why is he filing now. Keep in mind that to get service connection  a veteran must have 1. An in-service injury, 2. A current diagnosis and 3. A nexus that connect 1. and 2. together.  It does sounds like he should have all three but we know how VA loves to play games and not service connect a veterans' claim.  The effective date will most likely be the date that he files a claim.  VA cannot pay a veteran disability pay if s/he never files a claim. Also keep in mind that a disability is some type of handicap that cause a veteran to be limited in employment.

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  • HadIt.com Elder

I was wonderin if he can file from the date the injury happen? or will the VA say he can only that his EED date would be from the time he first files?

I know most veteran has filed a claim at some  time or another  and have filed NOD's  this is not the case here

I think I need to let him know if he files a claim he does have a good chance getting it S.C. BUT NOT SURE ON THE RATING %?  unless he has all the medical records to let the Dr's read.  I don't know what to tell him about his EED?

...Only my opinion  and that is the EED will be from the date he files a claim...we were discussing this the other day and another veteran said they should go by when he was in the hospital in Nam  from when it happen, he has those medical records...but after 45/47 years? the VA will question that!

I am checking the CFR's About EED  and when the disability first arose.

I am not sure but I think when he had the surgery on his feet cause my his military service years ago...That's when I think he should get an EED...from the surgery he had a year or two ago....

The Dr ASK HIM WHAT HAPPEN? he told him it was form an old wound from Military service in Vietnam back in 1968

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The earliest his EED is going to be, would be Tuesday, if he files Tuesday.  If he has never make a claim or been in the VA medical system, it starts now, or as soon as he files.

And, he can just say he was unaware that there was a VA or any benifits for injuries occuring while in service for post service.

Like I said before, dont gum it up with a bunch of what if's and when's, just claim an initial claim for foot problems.

Get SERVICE CONNECTED!, then worry about the other what if's.

By the way, from what you have said about his current medical issues and his military medical records, it sound like he should do alright.

Also, and again, once SC'd for his (in service medical feet problems), then you (he) can go after all of the secondary issues that he most obviously has now.

As for having a disability and working, I'm 70% and work full time.  My employer dose not care, and supports Veterans. So, you need to know your surroundings.

You have enough to file right now,

Hamslice

 

 

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I hope he realizes  that even if VA awards, they will deduct the VA comp amount from his Military retirement unless ,due to his rating amount , he becomes eligible for CRSC or CRDP.

CRSC and CRDP info is available here under a search.

 

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I would get him to the best VSO possible and allow them to assist the veteran.

He is entitled to compensation if active duty injury or sickness residuals affect his life.

Just make sure he has all pertinent information (DD 214, MILITARY MEDICAL RECORDS, PRESENT MEDICAL RECORDS, DOCTOR NOTES REGARDING SURGERY, MEDICINES, ETC).

Don't matter what took him so long, the fact is he is a veteran and was hurt while on duty.

And furthermore, continues to suffer from the injuries.

I wish this Vietnam Era veteran all the best and hope his claim process is successful.

"NEVER GIVE UP"

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