Trying to understand veteran father-in-laws benefits with his complicated situation

[Angie]

I'm trying to help out my father in law get setup with better health care. He was a Marine in 1955. His wife, bless her, has a hard time wrapping her head around how to get more help. She looks after him and her 92 year old mother (the lady really has her hands full!). 

Here's what i know:
-His feet were damaged by frost bite, because they did not give them insulated boots in winter. And he was given shoes that were 1 1/2 size too small. 
-The above is NOT on record. 
-He received surgery at the VA hospital for his hip and they put the bone back in wrong (which makes his leg crooked) and they cut something connected with his lymphatic system so now his legs and feet swell up with fluid. As a result, his active lifestyle (he was an avid cycler and lifted weights) abruptly stopped and he is now housebound and severely depressed. I was also told he signed something about not suing them for the shoddy work when his wife was not present. 
-He falls almost once a week. 
-We learned recently his wife should be receiving caregivers benefit, but she is not. We were given this info by an amazing nurse at the VA hospital. She told him she was told by the social worker she was not entitled and he told us the social worker is lying. 
-The nurse had suggested the above (she should get a caregivers benefit)as well, he should be on disability & we should file a case with a lawyer or Morgan & Morgan. 

What are your thoughts on where I should start? I also saw a youtube video about a benefit for an extra $340 with disability if you are housebound... but this was a result of his surgery at the VA hospital and not active duty...does that count? 

Any suggestions are greatly appreciated. We're worried about our parents and leaving them alone at this point. He needs 24 hour care. 

Thank you in advance, 
Angela

[john999]

If he was at "Frozen Chosin"  that would be almost enough but that was in 1950-51.  Do you have the Marine's SMR's.  St. Louis told me all my father's medical records burned at the big fire but he was in the Army. 

[Berta]

Indeed John-----I just found minutes ago, this vet's frostbite  award from the BVA...a Chosin vet- how the heck could those idiots at his VARO not know about the "Frozen Chosin"????

I read it fast abnd didnt see any weather reports but he had buddy statements....

Boy this VARO crap makes me mad.......probably the C & P doc and the raters were kids living in a comfy warm home stateside when this vet in the decision and so many others suffered so much in Korea---

they call Korea the "Forgotten War" but I used to think they might as well have called Vietnam that too BUT

the new Documentary on Vietnam, running 2 hours a nght with a repeat following all week- 14 episodes I think, is

FABULOUS!   VA Chaplain services told all VA Chaplains to watch it- and surely all MH providers were asked to watch it by VA as well.

When my husband came back from Nam in 66 he thought they had Won the war! (USMC Danang 65-66)

The fighting had been so intense.

The series last night about the Pentagon computer ( I caught that twice,in the re run) proved he and the other Marines who thought we won, in 1965, were RIGHT!  

PBS 8 PM all week.........the vets in the doc are giving the correct assessments of a war that was " fought" in

DC by people who didn't have a clue..........and the ones who did have a clue didnt have the power to affect our gov.

It was NEVER a War in vain. But we still make the same mistakes now as we did then. ( my opinion only)

Every American should watch this great documentary.

 

https://www.va.gov/vetapp04/files2/0414057.txt

 

[john999]

Berta

 

                  I am watching it every night and sort of surprised at how most knew this war was probably unwinnable so early,   but we poured 500,000 men into the meat grinder and dropped millions of tons of bombs on open jungle.  I was in 111 Corp and we had the arc light raids in what I believed were pretty populated regions.   After the War in Iraq and Afghanistan I wonder if the military and government learned a thing from Vietnam.  I doubt it.   When we were in Vietnam we were completely cut off from the "world" and got our unbiased news from Stars and Stripes.   I blame most LBJ and Nixon for prolonging that war when they knew it was a loser.  Land war in Asia was something even McArthur knew was a bad idea.  Ike knew it but they all continued it via lack of guts to just say "we can't win this".  The USA believed in the Domino Theory and many still do as if we own the world and have to defend our empire.

[Berta]

You are Right!

And the fact that no one really understood the complex culture of the Vietnamese, and many thought this was just a Third War country, that could not possibly win a war.

The fact is that the Vietnamese were smarter than our gov thought and used 'out of the box' maneuver tactics.

The Domino theory ( I remember the depiction of that in movie theatres in the 1960s when they had a newsreal prior to the movie, is much like the one year DEROS ....a way ..most of our vets were replaced after one year there...

if they didnt fall like dominos...as WIA or KIA -and that alone ,so unlike WWII,when all served as long as it took and came back together,had a strong  psychological affect on our Vietnam vets , getting sent home on a plane after individual DEROS dates ,  with other war vets who they didnt even know, often sent  back to a CONUS airport that held antiwar protestors. 

I often think----who really was 'dinky dauw' and it  often was our  own government.

 

 

 

 

[Berta]

I got a little off track here----but there is not much info here yet to help you.

Your father in law can request his VA medical Records from the VAMC that treats him.

Their Records Access Officer might have a brief form he can sign, copy , and mail to the Records Access Officer if he cannot go in person.

We need to know what he is service connected for, if he is service connected,and where and when he served.

Pwrslm is right- that the VARO might have his SMRs, otherwise he needs to contact the National Archives:

https://www.archives.gov/

Click on the Veterans Records button, and then he can request them via the on line SF 180.and, unless they changed their format, he needs to copy the SF 180 for his own records, and print out a bar coded thing the site will show , that he needs to sign, copy , and send back to where they direct it to go. This associates his on line request with his signature.

I did mention here the Section 1151 claim potential.

Section 1151 claims require proof of medical error, and proof of resulting disability directly due to the VA’s medical error.

If he receives 100% service connected comp now, and is proven to be Housebound due to their medical error, or succeeds in attaining 100% under 1151, or under direct SC, the VA will pay the SMC S Housebound award 

“We had to google what "service connected means". According to his wife, everyone has told her his injuries are not on record. Sometimes relying on her word is not always the whole story, or she gets information a little mixed up, so I would like to look into these St. Louis archives myself... can you direct me how? I will also try contacting the VA (hospital?) or would his social worker know? “

The social worker should know if he ever had a C file.Also you could ask the social worker what his C file # is and if there is any way to speak to a vet rep at the hospital.

His C file can be obtained from the VARO he has dealt with-but I am not sure if he ever filed a claim…because of this:

“ According to his wife, everyone has told her his injuries are not on record.”

That might mean not noted in his SMRs ,and his claims were denied , or not ever claimed at all ????

“We learned recently his wife should be receiving caregivers benefit, but she is not. We were given this info by an amazing nurse at the VA hospital. She told him she was told by the social worker she was not entitled and he told us the social worker is lying. “

The Caregiver benefit, described today in a separate forum here, is only for post 9/11 veteran’s caregivers. The social worker  is correct.

“The nurse had suggested the above (she should get a caregivers benefit)as well, he should be on disability & we should file a case with a lawyer or Morgan & Morgan. “

That seems to suggest he is not service connected at all.I am not sure what the nurse meant by “case”- claims should be filed with the VA…maybe there is still time to file an FTCA “case” for any malpractice they committed, as you mentioned above.

I feel you will need to help your father in law acquire a vet rep or VSO - there may be some at the VAMC he deals with, because nurses are not trained in VA benefits and can often give out the wrong info.

The FTCA Statuite of Limits is probably passed by now but the VSO can help your father file a Section 1151 claim, if the VSO thinks there is potential--and there might be some disabilities that could be service connected.

 

 

 

[Angie]

On 9/20/2017 at 7:15 AM, Berta said:

Here's an update on what i've found out and what my next steps will be- please let me know if you think i'm on the right path or if there are other things i should look into: (Bellow is not in any particular order, lol) 

-Andy is not receiving any benefits, and therefore doesn't have a disability % yet. (i got all the forms i need for this emailed to me today):
21-526EZ Application for Disability Compensation and Related Benefits
21-4138 - Statement in Support of Claim
21-4142 Authorization to Disclose Information to the Department of Veterans Affairs(VA)
21-4142a General Release for Medical Provider Information to the Department of Veterans Affairs (VA)

***As i was typing above the benefits counsellor returned my call. He said the above is not as simple, and they just assume people know how to file this stuff. Then rambled a bunch of different details and i suddenly felt way over my head :( He repeated that going the 'Tort Claim' route first would be best. If we are not happy with how a Torte Claim outcome looks we could continue with the other options. I will try contacting another benefits counsellor just to get a second opinion on that. 

-Making a legal claim has been frequently suggested. I spoke with a benefits counsellor and he said if we want to file for malpractice we should file for a "Tort Claim" with an attorney- "Before we do anything else!" he said. 

-We went to the VA and i got some medical records. I'm waiting on more, private and from his time in service. The benefits department gave us a form 'Examination for Housebound Status or Permanent need for Regular Aid and Attendance' which is supposed to give benefits to his wife Maria for being his caregiver. ***However, when i spoke to the benefits counsellor he said not to file this if we are going to do a Torte Claim as it could nullify it.***

-I think i should still apply Andy for benefits and find out what his disability % is, because even the benefits counsellor said he would like that info, and according to the VA that's the only way i will find out what his % is. 

- I'm waiting to have a consultation with a Veteran Attorney today. I don't know if i want to drag Andy & Maria into a legal battle... they don't really have the fight in them. I'm just trying to weight all the options so we can decide as a family what might be the best option. 

- I would like to get Andy a second opinion from a doctor not connected to the VA. 

- I will be getting transcripts from Andy, his wife and people around town.  

What are your thoughts on this? 

Best,
Angela