My Father needs some information

[Mumford]

My father is a retired Navy veteran and he recently tried to get his disability bumped up from 10% because he is pretty much broken all over. He hurt his back while he was active and they gave him 10% (this was 25 years ago) and now his legs are pretty messed up, he has a bad limp and his legs get poor circulation. He has trouble walking. After he applied to get his rating up they only gave him 45% but he needs more. What can he do? Is there a better process? I have heard there are va lawyers that can help. He says he needs at least 50% I personally think he needs 100%. Any info would be helpful. Thank you!

[GBArmy]

The info offered in response to your situation is good, but you are not the veteran who is seeking VA comp;he is. He isn't going to get new or increased comp by just giving a little info. You want to convince him? As requested, have him sit down with you and list all the ailments he has. All. Then he determines if any of those listed have any connection to his service time, like sprained ankle and went to medical. As suggested, he should at minimum request his medical file, so you can say, "what about this time...?" We have no idea what he is approved for or how much for each disability. He can't have 45%. It could add up to 45, but that is not what is on his rating/decision letters. You want to know what his combined rating is. This is going to take a lot of up front effort, and if he expects you can do this by just winging it, it won't happen. Next, take that list and google "VA diagnostic code for...(ex. arthritis of ankle.) Look up the symptoms as compared to what your father's disabilities are and see what he might get if he were awarded the disability. ex. 10%, 20%., etc. You take all of the "potential" disabilities  and you plug that into a disability ratings calculator;  there are plenty on line as well as here on Hadit. Now you have a little more of a clearer picture of what potential compensation he may get. If he can't bring himself to cooperate, then at least you tried. If you redact his personal info and post the decision letters, we could help you in appealing. Make no mistake, you can't do this if he doesn't participate and just says little or just "some evidence" and expect to do very well. You show him he could have a potential rating of 70 or 80% ($1500 a month+), then he may come around. If money doesn't motivate him, I don't know what to tell you. VA Disability Compensation isn't a HANDOUT. It is COMPENSATION for injury or illness incurred because of exposure in the line of duty. To look at it a different way, Veterans are the only ones who have earn VETERANS compensation. Non-veterans are not allowed. It is an exclusive club. And, it isn't a handout; it's earned! Hope we can help you in the near future.

[Buck52]

if he is or think it was rated at 45%  then he most likely is rated 50%

Anything lower than the 45%   say 44.5 %  that would be a 40% rating   so if he is 45%  he may  have a 50% rating.

Anyway either way if he wants an increase on the 45% 50%   then he needs to file a claim for increase...his medical records should provide the evidence that his disability has indeed got worse and he would deserve the increase.

He may need a IMO/IME

His medical records and Qualified  Dr's  medical Opinion will help him get the increase  by examining him and reading his prior medical records and make a medical opinion that his current disability has worsen.  IMO   means =  ( (Independent Medical Opinion)  & IME  =(Independent medical Exam )to be officially used as PROBATIVE EVIDENCE. to help him substantiate  his claim.

if he has other conditions he thinks he can service connected them   he can file on those too  there's no limits on the number of claims a veteran can file on.

Edited March 20, 2021 by Buck52

[Berta]

You said:

"My father is a retired Navy veteran."

If you mean he gets Military retirement pay ,  that means if he can get to 50% SC, he can also receive CRDP. ( or CRSC).

https://www.dfas.mil/retiredmilitary/disability/payment/

https://community.hadit.com/topic/72696-retirees-crdpcrsc-info/#comment-451608

And much discussion  re CRDP /CRSC available under hadit  search.

You also stated:

"he recently was diagnosed with Parkinson"

Parkinsons is an Agent Orange presumptive. 

https://community.hadit.com/topic/78590-va-blue-water-navy-ao-retro-update/

If he served onboard a ship during the Vietnam War, that was within the 12 mile limit as explained in this link, he can potentially be awarded service connection for Parkinson's disease.

If he did serve off the coast of Vietnam during the war, and you tell us when this was and what his ship's name was I can search the AO Ships list to see if it is on the list.

He will need his Military records , if he does not have a copy of his deck logs.

 

 

Edited March 20, 2021 by Berta
added more

[Berta]

To add:

This is one of many Blue Water Navy Agent Orange Veteran's claims, filed by the widow, ads the veteran died with a claim in progress.

https://www.va.gov/vetapp20/files1/20008200.txt

in part:

". The criteria for entitlement to service connection for CAD have been met. 38 U.S.C. §§ 1110, 1112, 1113, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.307, 3.309.

2. The criteria for entitlement to service connection for Parkinson’s disease have not been met.  38 U.S.C. §§ 1110, 1131, 5107(b); 38 C.F.R. §§ 3.102, 3.303(a), 3.307, 3.309.

3. A disease incurred in service caused the Veteran’s death.  38 U.S.C. §§ 1310, 5103, 5103A, 5107; 38 C.F.R. §§ 3.102, 3.159, 3.303, 3.312."

The survivor succeeded in getting DIC and any retro under Nehmer would be due to her as well.

"As the Veteran’s CAD (also known as ischemic heart disease) is one of the disabilities that is presumptively related to exposure to an herbicide agent, the central question with respect to this claim is whether the Veteran had active service within 12 nautical miles of Vietnam.  The appellant now contends that the Veteran’s service at Da Nang Harbor qualifies as such service.  A review of his service personnel records confirms that the Veteran served aboard the USS Fox (DLG-33) from July 1967 through November 1967 and that this ship participated in combat operations in Southeast Asia.  VA also issued a list of Navy and Coast Guard Ships associated with service in Vietnam on October 28, 2019.  (See https://vbaw.vba.va.gov/bl/21/rating/docs/Shipslist-Agent-Orange.pdf).  Included in those ships is the USS Fox, which the list indicates sent a small boat ashore from Da Nang Harbor on October 24, 1967.  As the Veteran is confirmed to have served aboard that ship on that date and as Da Nang Harbor is within 12 nautical miles of the Republic of Vietnam, the Board therefore finds that he was presumptively exposed to an herbicide agent."

The BVA however denied the Parkinson's claim, as  no medical diagnosis had been made of Parkinson in his lifetime.

"After extensively reviewing the Veteran’s medical records, the Board has determined that there is no indication that Parkinson’s disease was treated or diagnosed in service.  The Board is also unable to find any post-service evidence that the Veteran was ever diagnosed with this disability.  On the contrary, the record contains an October 2011 Parkinson’s Disease Disability Questionnaire in which the Veteran’s treating physician noted that he did not then have and had never been diagnosed with Parkinson’s disease. "

This veteran however  succeeded:

 

:As it pertains to an in-service event or injury, the Veteran contends that while serving aboard the USS Bradley he was exposed to Agent Orange.  The Veteran’s military personnel records contain his “Enlisted Performance Record” deck logs for the USS Bradley.  His Enlistment Performance Record indicates the Veteran served aboard the USS Constellation and USS Bradley between March 1969 to October 1969 and April 1970 to January 1971, respectively.  The deck logs for the USS Bradley indicate the ship departed from Hong Kong, B.C.C. and transited to Da Nang, Republic of Vietnam in May 1970.  The deck logs indicate the USS Bradley dropped anchor in the harbor in close proximity to the USS Berkley.  A response from the Defense Personnel Records Information Retrieval System (DPRIS) confirms the location and voyage of the USS Bradley.  After the Procopio decision and under 38 U.S.C. § 1116, “service in the Republic of Vietnam” includes service in the territorial sea.  Therefore, given the corroborating evidence of his service aboard the USS Bradley, its anchorage in the territorial waters of Da Nang Harbor when the Veteran was onboard, the Board finds adequate evidence of an in-service event for purposes of service connection under 38 U.S.C. § 1116.

With regard to the final element, a nexus, the Board finds that the Veteran's service aboard the USS Bradley in the territorial waters off of Vietnam, by itself, entitles the appellant to the presumptive provisions based on exposure to Agent Orange.  On balance and considering the totality of the evidence including the Veteran’s presumed exposure to herbicide agents during service, the Board is persuaded that the criteria for an award of service connection for Parkinson’s Disease, also claimed as essential tremor and dystonia, have been met.  Therefore, an entitlement to service connection to service connection for Parkinson’s Disease is warranted.  See 38 U.S.C. § 1116; 38 C.F.R. § 3.307(a)(6)(iii).  "

https://www.va.gov/vetapp20/files10/20068027.txt