From member sovereign- Vietnam Vet

[Berta]

"Hi Berta- I was hoping you could point me in the right direction. My spouse is a social worker and has a 67 year old Vietnam Veteran as a client in a rural mental health community situation. Her client is very poor and currently only receives just over a thousand dollars a month from SSDI. 

He was shot in the knee in the war and is now having tremendous trouble/pain just walking around, etc. He filed years ago for VA compensation years ago and was denied-- I don't have the details. He just gave up and didn't try again. 

I know you are expert in CUE and I was wondering if you could point me in the right direction to give him some advise. He doesn't like to talk about it, but it would be such a blessing to get this wrong righted. I would hate to send him to a VSO (who I believe basically works for the VA). I will do whatever I can to help him with paperwork, etc., as would my spouse. Thanks for any info."

I dont respond much to profile questions, hardly ever read them - it is best to post claims questions here in the main forum.

If you can scan and attach ( with this veteran's permission the denial he received from the VA, we can help more.

Cover his C file number, name, address prior to scanning it.

 

[Berta]

BTW- have you seen his DD214 yet?

Does it show a PH on it?  (Purple Heart)

 

[sovereign]

Sorry, I didn't know if it would get your attention. I'm in the process of getting all of that information. As soon as I can get it, I will post the information in the main forum.

[Berta]

Great- also every main vet org like DAV, AL, VVA, etc and also any state or county division of veterans affairs can often  make what they call 'home' visits when a veteran is unable to get to them.

If he is in a MH center- he might have PTSD- there are a myraid of Agent Orange disabilities as well- that are presumptive to any Boots on ground, in theatre veteran.

[broncovet]

I have a couple suggestions that should help, but at least they should not harm your (potential CUE claim):

1.  Have the VEteran go ahead and re apply.  If awarded, a CUE to get "back benefits" is still possible, and, in the interim, this Vet can have some much needed income/benefits.  

2.  Have the Veteran order a copy of his cfile.  Go over it when it arrives.  There may be some help there that may or may not involve CUE.  Example:  If the VEteran sent in "new evidence".  38 cfr 3.156.  See if all elements of the Caluza triange are present.  A Cue, to succeed needs all the caluza elements in place.  If one or more are missing, then CUE is unlikely to fix, say, a missing nexus.  

     Understand there are 2 issues here:  First, is getting service connected compensation, and second is retro (back) pay.  

     If the VA decides to award benefits, but gives the wrong effective date, you can still appeal that decision...and you can appeal WITHOUT having to meet the strict "CUE standard of review" as long as you appeal the effective date timely.  

[Berta]

Thanks Broncovet-we dont know if he appealed- you are right- maybe   CFR 3.156 situation- but we  cannot even guess.

A good friend of mine got 2 Purple Hearts in Vietnam but denied having PTSD- even though my husband and I encouraged him to apply for it- he had the stressor- the gun shot wounds (PH) were certainly stressors.

One GSW  he felt was minor but he has a long scar  from the second GSW to his leg.

Finally a few years ago he applied for PTSD and got the award letter.He was already rated for the GSW leg-

40% I think-SC.

 

[sovereign]

Thank you both Broncovet and Berta for the help. We are in the process of getting his information together. Sorry again Berta for posting in the wrong area.