Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

VA says no to reconstructive surgery?and also filing a claim

Rate this question


Buck52

Question

  • HadIt.com Elder

  I need some help here.

I got a 4 year Navy Vet I am helping , he tells me he had a tumor come up on side of his Nose while on active duty in Japan, ok he had surgery at the Navel Hospital in Japan, and  the tumor has spread into the top of his mouth, the Navy hospital did surgery on the inside of his mouth and put some type of mental plate in the root of his mouth. the Dr's told him he will need more surgeries in the future ect,,,ect,,, (this is all fairly recent he is just 24 years old.)

 ok since he has been medically discharged, and came home to Texas...ok he went to the VA for reconstructive surgery and they said its not necessary he have any more surgerys  ..... he wants to file a claim for all this.

Also I don't think he can work with this type of condition..I will ask him today when he calls.

He is to call me today...do I ask him his locations and name of the hospital and dates this was done and also he needs all his medical records up to date,STR's, his MOS, and what he was around that may have caused this tumor??

Do any of you know what type questions I need to ask him?

,I ask him to join hadit and maybe he will , but so for he wants to talk to me about it first, I mention to him to join hadit  that there are members on hadit that are most like Attorneys and could help him or  members that are familiar with this type of condition can help

I believe we can get this Veteran the surgery he so badly needs and also service connected with a rating a possible high rating.

Thanks All

 

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

Link to comment
Share on other sites

  • Answers 9
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

Recommended Posts

  • 0
  • HadIt.com Elder

I will need to hook up my headphones to my phone to be able to communicate with this veteran..and after I talk with him I will repost our conversation & for any additional help we can get him here on Hadit is much appreciated.

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

Link to comment
Share on other sites

  • 0

what disability was he medically discharged for? 

Maybe the tumor situation but  we can't be sure....

"the Dr's told him he will need more surgeries in the future ect,,,ect,,, (this is all fairly recent he is just 24"

".ok he went to the VA for reconstructive surgery and they said its not necessary he have any more surgerys  ..... he wants to file a claim for all this."

He needs to get this service connected but I have no idea how he should word the claim-he has above two conflicting medical opinions and would probably need an IME.

I think you need to ask him for his SMRs- and anything he has from the medical discharge-we dont even know what type of tumor this was, 

and what actual ratable residuals he has, that would warrant more surgery.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

Link to comment
Share on other sites

  • 0
  • HadIt.com Elder

Thanks Ms Berta

I will ask him all kinds of questions, if he was around a chemical that maybe was the cause or related to this tumor...Jet fuel or even A.O. Maybe?  definitely find out his MOS or what he was ordered to do on active duty locations and   what ship he was on if any? and of course check his STR'S

He lives fairly close to me about 20 miles away  and I may get with him at a restaurant buy his dinner and ask him to bring some of his medical records and DD 214 STR's ect,,ect,, and I will skeem through them to find out more information.

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

Link to comment
Share on other sites

  • 0
  • HadIt.com Elder

ok

I talked with this veteran today

He has a Honorable Discharge  completed 4 years in the Navy

He E.T.S. in Feb of this year,.

ok.while on active duty he had a tooth TWO MOLARS  removed in the rear of his mouth, & at the time of extraction the Dr Noted this Tumor Growing under the tooth that was extracted, they went in and did surgically remove the tumor, and fitted him with partial plates..on one side of the partials they had to make the partials to fit over the hole caused from the removal of the tumor.

This all was done while on active duty in Okinawa Japan at the Naval Hospital,  the VA surgeon that did the surgery mention to him that he will require reconstructive surgery to re-cover the hole left where the tooth was... Now that he is home  he went to  VA Hospital in Dallas Tx (North Tx VA Medical Center) Where he ask for the reconstructive surgery that  the Okinawa VA  Dr said he needed.....he has no medical records of this  nor does he have any STR's available..however after talking with him he mention that they gave him a CD and he never has looked at it??

  So he needs to put it in his computer and read what all is on it  I told him it may have all his medical records and his C-File in it but doubt very serious his STR's will be in it but its a possibility.

He is a medic assigned to the hospital clinic as his MOS As he did his Active Duty  he was not on a ship. he was considered a CORPSMAN as his MOS,  But he did attend medic school in San Antonio Tx has his MOS..So I am not really clear as to what his MOS is?

He stated he was not around any harsh Chemicals or Jet fuel or any thing that might cause this tumor  he worked in the clinic as his duty requirement giving injections to the military personal within his base station in  Okinawa Japan

He filed a claim while still on active duty on this surgery for removal of tumor and was awarded  S.C. 10% just this last Feb ...and he ask me if he can get a increase  because of the VAMC in Dallas said it would be to risky or much abrasive to do more surgery and things would be worse if he has this surgery??

I ask him what they gave him the 10% S.C. for?  what did it say on his Award letter? reasons and bases or what we decided?  he didn't know but will try to find that Award letter tonight.

He still has 10 months left for filing NOD But I am not sure what to have him file on  for increase?  I do not know what this condition is called?  he got the 10% for?  He can still disagree with the rating decison.

I believe this type of surgery will give up to a 30% rating  but  is 10% without complications & 20% 30% for not having a prosthesis.

If no prosthesis is fitted then a 30% is warranted according to the rating criteria  so his partials would be considered a prosthesis...correct? he stated without the partials he has a hole in the back of his mouth where the Tooth was extracted   (not where the root of the tooth was) but where they did the removal of the tumor.

I might ask him to let me see and read that CD he has?

and see why the Okinawa Dr mention he needed the reconstructive surgery for? he thinks its to cover up the hole left from the tumor removal?  hopefully that medical record in in this CD?

It was a little hard to get the information I needed from him..so he might have a mental Issues as well? I covered that too for him and any more conditions that he may have that would be military related that he may have today after he got out

.So we can file on any of those too at this time. likePTSD if he had been traumatized?  or hearing loss or tinnitus  ect,,ect,, he maybe denied but it starts the EED Clock

he said he said he couldn't think of any.other health conditions that he has &  so for now just the surgery and for the S.C. 10% He was awarded back in Feb 2018

SOOOOOOOOO now what?

Edited by Buck52

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

Link to comment
Share on other sites

  • 0
  • HadIt.com Elder

Anybody know what this type surgery is called? and how its rated?  he supposedly has a plate made into his partials that cover the hole where the tumor was removed.

I've never heard of this?

 

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

Link to comment
Share on other sites

  • 0

Oral Surgery, just because there was a tumor removed, not necessarily a Cancerous growth. A Naval Oncologist wasn't involved with the post-surgery Treatment, right? What did the Tumor pathology report indicate?

I think he needs a face to face with a POA-VSO. He may or may not have a Ratable Comp Condition.

Didn't he get a DOD Rating for the cause of his Med discharge?

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • Dave119 earned a badge
      First Post
    • Dave119 earned a badge
      Conversation Starter
    • Brew earned a badge
      Dedicated
    • Rowdy01 earned a badge
      First Post
    • Laddib45 earned a badge
      Week One Done
  • Our picks

    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
    • Welcome to hadit!  

          There are certain rules about community care reimbursement, and I have no idea if you met them or not.  Try reading this:

      https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/

         However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.  

         When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait!  Is this money from disability compensation, or did you earn it working at a regular job?"  Not once.  Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.  

          However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.  

      That rumor is false but I do hear people tell Veterans that a lot.  There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.  

      Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.  

          Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:

      https://www.law.cornell.edu/cfr/text/38/3.344

       
    • Good question.   

          Maybe I can clear it up.  

          The spouse is eligible for DIC if you die of a SC condition OR any condition if you are P and T for 10 years or more.  (my paraphrase).  

      More here:

      Source:

      https://www.va.gov/disability/dependency-indemnity-compensation/

      NOTE:   TO PROVE CAUSE OF DEATH WILL LIKELY REQUIRE AN AUTOPSY.  This means if you die of a SC condtion, your spouse would need to do an autopsy to prove cause of death to be from a SC condtiond.    If you were P and T for 10 full years, then the cause of death may not matter so much. 
×
×
  • Create New...

Important Information

Guidelines and Terms of Use