Is There A Chance I Might Regret This?

[Tammy]

My husband was in the service and was smashed in between to missle launchers and he broke his back but the records of his x rays in Germany were never found but they did issue him in 2004 deformity of a L2, torn urether, loss of the use of his penis, and IBS due to adhesions it all totaled up to 60% and the rest was for unemployablity. My question is he filed a claim the day he was discharged from the service March 1979 and he didn't get anything until 2004. Now we file a NOD, 1151, and a CUE because his back was broke but they keep stating it was a deformity but yet now that VA Doctor did admit it was more likely than now his back was fractured in the accident while serving in the Army. My question is...Will there be a chance he could get everything taking from him by doing what we did. Its in the appeal process already and it has been since 05 and they are fixing to make a discission. We have never be sucessful at retriving the accident report nor the records of his xrays from the German hospital. So, should we be nervous that they could possible take him off all his disablity including unemployablity. Is there a diffrence from Permant unemployablity or does it all read that. Its just that his back was broke in 1979 and they said it wasn't.

Can someone lead me in the right direction I have a letter I am fixing to send to them but I would like someone to proof read it. So I know if I should send it out or not. Thank you

Tammy in MT

[rdawg]

what did the VA say was the cause of his Service Connected disabilities? IBS due to adhesions???

If the VA can say that his current SC'd conditions are caused by something other than service, like a broken back, and there isn't any proof of an inservice incident they will probably reduce his %. You really need to find someone that can verify this inservice incident. A buddy who was serving with him that writes a letter could be enough proof. Search this site for links to buddy finder's. I think there is one on military.com and anywho.com.

good luck

[john999]

Yes, a buddy letter or something from someone in the chain of command that could verify he had his back broken in service. Why did it take 5 years to win the claim between discharge and 2004? Was the German Hospital a civilian hospital? The good news is that he filed immediately within one year of discharge so this should be considered service connected given the assumption that he was perfectly fit on entry into the military. How else could the injury have happened if he was OK before service and immediately upon discharge he had a broken back?

[rdawg]

check your math john999, that's 25 years. That's VA math good buddy.

[Philip Rogers]

My husband was in the service and was smashed in between to missle launchers and he broke his back but the records of his x rays in Germany were never found but they did issue him in 2004 deformity of a L2, torn urether, loss of the use of his penis, and IBS due to adhesions it all totaled up to 60% and the rest was for unemployablity. My question is he filed a claim the day he was discharged from the service March 1979 and he didn't get anything until 2004. Now we file a NOD, 1151, and a CUE because his back was broke but they keep stating it was a deformity but yet now that VA Doctor did admit it was more likely than now his back was fractured in the accident while serving in the Army. My question is...Will there be a chance he could get everything taking from him by doing what we did. Its in the appeal process already and it has been since 05 and they are fixing to make a discission. We have never be sucessful at retriving the accident report nor the records of his xrays from the German hospital. So, should we be nervous that they could possible take him off all his disablity including unemployablity. Is there a diffrence from Permant unemployablity or does it all read that. Its just that his back was broke in 1979 and they said it wasn't.

Can someone lead me in the right direction I have a letter I am fixing to send to them but I would like someone to proof read it. So I know if I should send it out or not. Thank you

Tammy in MT

Tammy, there should be a record of his absence from duty for the period of hospitalization. That info used to be in Morning Reports but I think the Army ceased morning reports in the late 60's, early 70's but they would have been replaced by something else. You can call the NPRC, in St Louis, and ask one of the military record archivists what would carry that info. If you husband knows the date it should be easy to locate. He can also get company rosters for that period which would help in locating buddies for buddy statements. Why can't you get the German records?

pr

[john999]

rdawg

Yes, that is 25 years. What I wanted to know was why it sat for so many years without being denied or approved if that is the case. If you file within one year of discharge it is considered to be service connected usually. Where was the claim for 25 years? If there is a written record of the claim in 1979 that should help I think. I was thinking that 1979 and then 2004 was a misprint or something. Is there any record of discharge physical?

[Berta]

He certainly needs his SMRs as well as the morning reports or the personnel file-anything at all- to show he was injured in service-

a buddy statement will help but surely here was a record of time loss for hospitalization , and probably light duty after accident-

"but yet now that VA Doctor did admit it was more likely than now his back was fractured in the accident while serving in the Army."

That is a good statement but unless the VA doc was at the missile site and witnessed this event-

without further proof this all occurred- the VA will probably not accept this as proof of the inservice accident.

How was this noted on his discharge physical? since he filed the claim so soon after his discharge-it must be noted on the discharge physical.

I am a little confused however- does he already get SC due to this back accident?

That would show they already found proof of it-

if they have not proposed a reduction or cued their decision on the back already-I would not worry but it pays to get all of those inservice records.