Vietnam Combat Veteran Never Filed!

[Buck52]

 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.

[Buck52]

Yes  he has all his medical records intact, also most of his Vietnam records  , morning reports, combat action reports, where and when ,

Seems he won't have any problems getting a  IMO & ask  Dr to state its likely as not this veterans condition's/disability is  caused by his past military service while serving in the RVN .

And yes Ms berta he gets military retirement, and currently is a instructor at a military academy for under -privilege juvenile delinquents & director of the Drill team in Garden City Kansas, he mention as long as he can still work he wants to keep working until he turns 70.

He said after he had his feet surgery and they took out tumors on the bottom of his feet   he feels a lot better but still has problems with it  its been almost three years since his feet surgery  which laid him up in bed for over 12 weeks.

He also said he had intestinal surgery about 20 years ago or so from a Major chronic perforated  ulcer? & almost died from it , so more medical there.

I'll have him to think back on all his medical conditions and what they were ect,,ect,,

He & I are not sure the military injury is the cause of the tumors?  He needs a Qualified Dr to state that or give an opinion, I was thinking after 40 years or more and they removed mental fragments from the bottom of his feet  maybe that is what caused them?  he has no other biological  family members with this problem.

As for as using the VA for his medical care he just never did (maybe lack of trust)?  idk

he has always used private health care for him and his family.

I need to send him a long email and state what you guys have advised, and let him know about the 21-526ez/or maybe the INT Claim & fill it out and when VA sends him his instructions  then address them the best he can and send in all his medical records of what he wants to claim as for as a past medical military injury or disease.

I will let him know about the NPRC in St Louis & for him to send in a SF-180...& Request all his STR'S & Military Service records. although he says he has most of his private medical records   which was most of his lifetime health care, but him being in the US.Army for over 25 years I'm sure he has medical records, and from the Vietnam Hospital He was in after his combat injury.

And I'll  write down some of the VA Acronyms   Like what they stand for & how VA likes things put into there language.

I think this will be 50/50  for him ,I don't think he will have a problem getting S.C. ..I just don't know if the VA will give him a rating for this  because he had surgery and supposable ok now, however any secondary that he has I'm going to tell him to file a claim for that, I never ask him about any other major medical issues he may have?...I'm thinking they could very well be Secondary to his existing military injury from Vietnam has Hamslice pointed out!

Most of this will depend on him & his medical records and his VSO

 I mention to him to join Hadit and gave him one of Ms Tbirds cards, so well see if he does or not?

Thanks everyone I'll pass on your information.

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

Edited July 3, 2016 by Buck52

[FormerMember]

Buck-

Tell him he qualifies for 38 CFR 4.56(d)(4)(i) as a high explosive missile event (severe). It's an automatic 40%. If he still has any microscopic SFW retained metal fragments, that furthers the argument. I just finished doing one of these. Got 40% each for  5 different muscle groups with retained metal fragments. I assume he has a PH to go with the CIB. It shouldn't interfere with the retirement pay if he gets rated over 50%. (38 CFR 3.750).

(1) Compensation. Subject to paragraphs (b)(2) and (b)(3) of this section, a veteran who is entitled to military retired pay and disability compensation for a service-connected disability rated 50 percent or more, or a combination of service-connected disabilities rated 50 percent or more, under the schedule for rating disabilities (38 CFR part 4, subpart B), is entitled to receive both payments subject to the phase-in period described in paragraph (c) of this section.

[GuaymasJim]

14 hours ago, Fat said:

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

Fat, he is a "boots on ground" Vietnam Veteran!  The difference between a veteran of the era and a Vietnam combat veteran is huge when dealing with the VA.  That is not a put down for veterans who didn't see combat.  There are benefits for combat veterans which aren't available to non-combat veterans.

Agent Orange--has he had a cardiac evaluation?  Is he on the VA's AO registry? PTSD - both depression and anxiety can cause ulcers any problems along those lines? Many others!

 

11 hours ago, asknod said:

Buck-

Tell him he qualifies for 38 CFR 4.56(d)(4)(i) as a high explosive missile event (severe). It's an automatic 40%.

Great hit asknod,  I've used for several vets successfully over the years!  If well documented, it is almost impossible for the VA to deny; and can go a long way with TDIU 70/40% and SMC-S 100+60 eligibility.

Buck,  when it comes to VA benefits, there is no difference whatsoever between officer and enlisted-good or bad!  Clean DD-214 is all one needs. (I have 4 HD's 2 officer and 2 enlisted-all Honorable).

[Carl the Engineer]

If at first, he does not hit 50%, its still not bad.  What he gets from the VA will offset his military retirement, however, its income (State) tax free.  So it would lower his income for tax purposes.

And, or not sure, if his medical benifits would be better, i.e., tricare vs VA, and when over 65, medicare.  Thats a whole nother deal right there.

And, if he has a spouse and where to, well you know, and service connected, DIC, etc....

As far as a IMO, I think your getting way to far down the road.  Simple claim and a C&P. He's got what he needs already in his service records.

Sounds to easy to me,

Hamslice

 

[Buck52]

Ok good infor  here guys, Asknod has a good piece of advice about the CFR's 4.56 (d) (4) (i).  I'll relay this info to him ASAP

Ms  berta I think he did mention the  CRSC. What effect it will have on his retirement pay? & not sure about the CRDP?

I said I would check that out but I think it would just be an offset from him military retirement pay ? and depends on what rating he gets for his compensation?

..if it digs into his retirement pay   then he should be able to not take the VA compensation but stay Service Connected  with it(for DIC purposes)...is this correct?

I am thinking he will be ahead if he takes the VA Comp  /with his retirement pay.

I am not familiar with the below info on the CRSC-CRDP?

He has been retired From the US Army for the past 20 years. however he is an instructor on a military installation and director of a Honor Drill team...so I'm thinking he gets Gov-  retirement pay and pay from working?

Combat-Related Special Compensation (CRSC) and Concurrent Retirement Disability Pay (CRDP)

Combat-Related Special Compensation (CRSC) and Concurrent Retirement Disability Pay (CRDP) are programs created by Congress to allow eligible military retirees to receive monthly entitlements in addition to retired pay.

CRSC is a special compensation for combat-related disabilities. It is non-taxable, and retirees must apply to their Branch of Service to receive it.

CRDP is a restoration of retired pay for retirees with service-connected disabilities. It is taxed in the same manner as your retired pay, and it is normally considered taxable income. No application is required. Eligible retirees receive CRDP automatically.

The purpose of these entitlements is to recover some or all of the retired pay that military retirees waive for VA disability compensation.

 

My problems is I never helped a veteran who is Military Retired? to apply/file'claim  for VA Compensation...But I'm sure as hell going to try.

According to him he has most of his military records and private...he also said he can get his military records ...so  I ask him if he was sure he knew what was in them? he said'' he knew what should be in them''...so were working on getting his medical records at this time.

He may not file a claim if it enterferes with his retirement pay  or make it less? idk at this time if it will or not ? but I would think if he gets SC Rating of 40%   even if they deduct from his military pay the offset should be greater.

but I did read about the CRDP that they will recoup the retirement pay until most or all is paid back from VA Compensation...its really confusing to me?

[FormerMember]

Jim,

I'm studying for the test on the 12th. I've got a ton of that packed into my noggin right now like an Encyclopaedia Britannica.