helping a retired vet.

[Buck52]

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

[Buck52]

Roger That pwrslm

[Gastone]

Buck, just did a quick read, he never actually transitioned to the VA for any type of Med Service; to include his hearing impairment.

His Direct SC Effective date will be the Date of his recent Comp Claim Filing Date. No Retro back to Discharge.

You would think an E-9 would have his Sierra Hotel India Tango in one bag at Discharge. The Lifer's Network, even in 89, had to have all the In's and Out's of VA Comp down to a science.

Did he mention why, with "Severe Hearing Loss," he's just now filing a claim?

 

[Buck52]

Yeah Gastone, but I think they made a mistake at his discharge in 89  they service connected him at 0% back then and they should he should have been given a rating for hearing loss  due to Noise induced hearing loss  while in military and a combat zone..anyway were appealing that decision. (We think the  VAMC Audiologist filed the claim for him back at his discharge in 1989) 

A for as I know  from what he said  VA never notified him on anything,  the 0 %S.C. or communicated with him at all back in 1989, so he had no way to know to Send in a timely NOD if he disagreed with this decision as this was a violation of his rights.

 The Presumption of Regularity  Regulation

As boncovet mention in his quote

''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.''

What prompted him to have his hearing recheck?

was his spouse and family/ daughters /son-in-laws notice they have to repeat themself more and more the last few years  they all knew he was hard of hearing but its got worse. I had a hard time with him on the phone although I use special headphones on my phone  with battery operated amplified device, he could not hear me...and maybe we may have had a miscommunication  but I think I heard him enough to help him with a claim.

Also were filing on his Injury to his feet as we need a Dr to opine(surgeon) the mental fragments removed from surgery from his feet was likely as not over 50% caused from  his military service due to combat action while in the RVN as this Veteran reports what happen....He is sending me his medical records and morning reports of the event and the date it happen.

Here is a kicker I am not so sure about??  he is 71 years old and still works , he is a drill cadet instructor for the ROTC Program in his Hometown.  so he does get his Military Retirement & work pay/ he does not get SS Retirement yet.

I mention that if he gets a rating and compensation for any of his conditions they will off set that and Adjust it to his Military Retirement pay with the compensation  but all compensation is taxed free. he should get information on this and that would let him know what to do   which is higher $$ to receive  because some Military retirees can get both...comp and retirement pay without being penalized. or an adjustment made.

but I told him we will get to that when the time comes.

Edited March 19, 2018 by Buck52

[Gastone]

A bit confusing, is he saying that he actually had a VMC Hearing Test before or immediately after his 89 Discharge? Has he both requested a FOIA of his C-File and his POA-VSO to pull up & review his C-File with respect to 89 & 90 Clinician Notes and Test results?

If I carried my naughts correctly, he was about 43 at separation (89), was he Med Boarded? As I recall, Active Duty Mil Disability Percentage Ratings don't automatically equate to VA Disability SC% Comp Ratings.

No Tinnitus Claim ever filed? Any idea of his latest Hearing test results, both Freq Loss and recorded Word Discrimination %?

[Buck52]

Yes he did  from what he mention to me, he is getting a copy of that hearing test...as for as tinnitus  that is a new one for him no one ever mention that to him , when I explain to him what tinnitus was  he assured me he has that  but the Dr's (audiologist) never mention that to him as well as his VSO

Were working on getting his FOIA Signed and request of all medical records/service records and C-File at present.

He has a VSO but the VSO has not did anything in 3 months/or filed a claim  he is going to double check on that to make sure his VSO never filed a claim? IDK?

I talked to him about a good hour and covered a lot about how to file a claim and the claim process and how to request his medical records c-file  the whole 9 yards.

he was never informed of the 0% service connection in 1989 he was not been sent anything from the VA he just found that out he was S.C. AT 0% at this new Hearing test he just had at his VAMC by the Audiologist that conducted the test.

like I said he has a VSO and I take it  that is also his POA..I need to ask him some more questions.

Right now I am waiting on the hearing test he took in 1989 from his 20 year Retirement. if he had Shown a hearing loss and the degree of that loss ?  they service connected him at 0% if he didn't meet the criteria for hearing loss back then   then yeah he probably won't get any retro for his hearing  but that's not what we're fighting for.

   his due process was broken and that's a violation of his rights  were also going to fight the injury to his feet from his combat days in Vietnam...but since he don't have any medical reports   from that event  if we can prove it happen and he had to have surgery on his feet years later  then he can get that service connected and a possible rating back to when he had the surgery to remove the mental fragments from the bottom of his feet.

I am currently researching the Regs on that.

I think he did pretty good in those 20 years going from private E-1  to E-8 first sergeant to E-9 Master Sergeant.  the highest Enlisted Rank   other than becoming a Warrant Officer.

He just never thought about the VAMC I GUESS? OR WAS INFORMED ABOUT IT..HE IS STILL A PRETTY SHARP SOLDIER/ VETERAN.

[Berta]

Are you sure he even has a C file?

As a retiree he probably is on TRICARE.

We have considerable info here on CRSC/CRDP,  for when he might need it.