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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Most Common VA Disabilities Claimed for Compensation:   

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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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Buck52

helping a retired vet.

Question

I have a few questions about helping a retired U.S. Army Veteran (Rank E-9)

In part of our phone conversation last night(I know I need to ask him more questions) and Last night I had him request his C-FILE  because his VSO never mention this  he didn't know what a C-FILE Was.

 he has a VSO but he don't like him because the VSO won't call or answer his questions and is slow about things.

Anyway

He retired in 1989  he just found out that when he went through his seperation exams  he was S.C. at 0 % for hearing loss, he took another hearing test recently at his VAMC and the audiologist  mention that he has some severe hearing loss and that he showed to be 0 % S.C. at his seperation exam! this veteran is 71 and never filed a claim.

Question if he files a claim for hearing loss  and if rated a %  say 10% 20% ect,,,ect,, can he request they go back when his hearing loss first occurred   being that he has  been S.C. for it?

and not the date he filed this claim?...because someone must have filed a claim back in 1989  for him to get S.C. AT 0%

Further more he was injured in Vietnam 1969 from harassment from VC incoming Mortar Rounds into his unit compound, Just as he dove in the bunker  his feet caught scraperal and injure his feet  the metal it went into the soles of his boots on into the skin and feet he never went to seek medical attention for this..so probably not any medical records...he suck it up and went on.

his feet has bothered him ever sense and just kept putting it off to seek medical attention for this   throughout the years

   He has had surgery about 4 years ago and they removed fragrantments from under his feet that has bothered him for years and he is claiming it was the injury from the Mortar Rounds 

I told him he can file a claim for that too but without medical records  he would be a little hard to prove but it can be done...After he gets his C-FILE then we can look into it and see if any thing like medical records are found that he may have completely forgot about.

he may have other contentions to deal with.

Any help or information for me to relay to this veteran will help  as he don't use computer

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 "He has had surgery about 4 years ago and they removed fragrangments from under his feet that has bothered him for years and he is claiming it was the injury from the Mortar Rounds 

I told him he can file a claim for that too but without medical records  he would be a little hard to prove but it can be done...After he gets his C-FILE then we can look into it and see if any thing like medical records are found that he may have completely forgot about.

he may have other contentions to deal with."    I agree.

With proof of the surgery to remove schrapnel, the VA would not be able to find any other etiology for the schrapnel but due to his service....but they might try.

"Further more he was injured in Vietnam 1969 from harassment from VC incoming Mortar Rounds into his unit compound, Just as he dove in the bunker  his feet caught scraperal and injure his feet  the metal it went into the soles of his boots on into the skin and feet he never went to seek medical attention for this..so probably not any medical records...he suck it up and went on.

his feet has bothered him ever sense and just kept putting it off to seek medical attention for this   throughout the years" until the surgery......which might not have left any residuals the VA could SC- accept for the scars...

if they are painful or big enough to SC....not sure.

His Unit history might well reveal the Mortar attacks in Morning reports.

If you give me his full unity designation ,maybe I can find more as to what his unit dealt with in 1969-and where this attack occurred.   Does he know where it happened?

Did he write home about this ?

My Vietnam War map is still searchable here......sometimes a Map can trigger  more memories and where the incoming happened. There is a way to even find out when it happened, if his unit listened to Hanoi Hannah or got the Stars and Stripes news while in country...or they listened to any radio news shows coming from the 'world'

There is also the possibility that he might even have PTSD.....something many Vietnam vets still try to suck up and try to deal with that alone.....

I am sure this could not be the sole event of incoming---during his TDY in Vietnam....

One more question (I used to help vets one to one) OK  three  more-

Have you seen his DD 214?

Does it indicate any combat awards? What was his MOS?

His Unit designation and MOS will be on the DD 214.

If not he should apply for a DD 149. And certainly obtain his SMRs and service Personnel file.

Since he is not PC savvy, you could print off the blank SF 180 for him, which he could fill out, sign, make copy of and then mail, with proof of mailing to where the SF 180 designates his specific branch address.

 

 

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There are other copies here I am sure but this one was easiest to find:

The War Map is under my farm and can get bigger on your PC. 

The names are all in Vietnamese of the  Vils,Songs, Bongs etc....and maybe his unit had a nickname for where the mortar came in-that we could decifer ----

 

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I forget the name of the law firm..it may have been Carpenter or CCK...but they won a (perhaps) similar case where a Veteran "did not receive" his notice of appeal rights, and it thus "tolled" the one year appeal period.  

Now, the VA had apparently documented that the Vet did not receive appeal notice, that is, the VA had "no proof" that appeal rights were sent to the VEt.  

In this Vets case, this may be extra important because of 38 cfr 3.156 (b) new and material evidence for a pending claim.  You see, it the VA failed to notify the Veteran of his zero percent hearing loss rating, and of his appeal rights, the claim would be pending and he would be free to submit "new evidence" that could be used to get an increase back to the date of discharge.  Read 3.156 b.  

Edited by broncovet

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That is an interesting take on this Broncovet-

We have a member  here who won at the BVA under the "presumption of regularity", as he was homeless and never received any appeal rights.

https://community.hadit.com/forums/topic/71490-appeal-for-the-heavyweights/

It looks to me that since " he got an appointment with the VAMC  and this is when the VA Audiologist notice he had been S.C. O% back 89" , so  maybe his discharge certificate and other SMRS are in the file VA already has.

His VSO might also be willing to give him copies of anything the VSO has in his POA file.

 

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Yes, Berta.  I think Vets need to know that when their rights are violated, by not receiving notice of appeal rights that it can toll the one year appeal period and result, sometimes, in huge retro payments.  This is ONE of the ways Vets can overcome claim finality.  THe claim isnt final  until the VA sends the Vet notice of his appeal rights.  

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