Roger Johnson

[Roger Johnson]

I was drafted in October of 1974 and sent to Korea.
  I had an ear infection for 8.5 months. They could not fix it. I went to Hospital 55 times & not once an overnight stay in Hosp.They drained it W/water every time for 8.5 months running. At the end, I had 3 different types of infection (Staff, Escherichia, col i, meningitis...) & no Dr. had seen me in 4 months. It got fixed when I was on leave to states. My VA Dr. in Nebraska, seen me during my leave period in Oct of 1973 and examined my ear . He said he was ashamed of what the Dr.'s had done (or not done). My Dr. told me to get the Comp before I left Korea. He said to see him when I got out. The treatment I got in Korea from Dr's was barbaric. They never got it right and my ear exploded out like a huge tumor. It was the size of a baseball. It hung from the bottom of my ear to the top of my neck.

                           When I came home in 74, My VA Dr.thought the poisons in my left ear had broken through and had me go down to K.C. Mo for a cat-scan. The Dr.'s there told me to leave but to leave all of my records there. That was the last I seen of my records for 44 years. At that time, I'm not sure if I got a Cat-Scan. 3 months after my Honorable Discharge, all of my records were gone. When I got them back (from the F.O.I.A) in Nov of 2018, They forged 3 papers and whited out 2 more to make it look like it was my fault. Also on the records it was stamped I had a 10% disability. They also had a compensation meeting to say I had a 0% disability for my ear and I knew nothing about it.
                          No paperwork sent my way, nothing. I had PTSD and didn't know why Until I received my medical records. I broke down for 2 months reading them. You can see where they forged records from my medical Dr. I feel they owe me for 10% from 1974 yet I'm not sure how to go about it. I put in for a form 149(Records Correction) because I know I had the only set back in 1974. I have VSO's that I do not trust at all.

                          Case Management Div in Arlington, VA sent me a letter that they received my records and I was to send All of my records pertaining to this. So far I have gotten my 100% in 15 months but I'm 70yrs old now. I could have used those records when I got PTSD in Feb of 1974 and after I was out. I was still in Korea and I suffered. I thought it was me.

                           My question is am I on the right track to try to get it back to 1974 where it started.I feel they owe me for 10% from 1974 yet I'm not sure how to go about it.

P.S
     On an unexpected find, I found out it did break through my ear. When exercising in 2010, I was doing dips when my left rib dislocated into my top right side which gave me blinding headaches The Cheyenne, Wyoming VA gave me a cat-scan to check. After cat-scan, the Dr came in and said
"You have a little trash on the bottom of your left ear and why is that there" It surprised me to hear but told him I knew why but there wasn't a damn thing I could do. I didn't have my records. My body must have fought it and won out. I don't know if it would show up 11 years later but my Dr.
in Ne.was right.   

[broncovet]

Welcome to hadit.  When I left the service, I was given a copy of my records.  While they told me to keep them, I was not organized enough to do so.  

However, you dont need ALL those records.  You need only "the relevant" ones to get an effective date back to 1974.  

You posted:

Quote

Also on the records it was stamped I had a 10% disability. They also had a compensation meeting to say I had a 0% disability for my ear and I knew nothing about it.

These records, assuming they are official, should suffice.  However, Many of us know that VA will fight you "hardest" on effective dates and large retro.  

My advice is as follows:

Take the records YOU DO have to a law firm (from the list below), and ask them if they think you should get retro back to 1974.  This does not mean you have to hire them, but you should be able to "at least" determine if a lawyer thinks you have a winnable case.  

I do recall, from my past, a Vet who had to fight to get benefits he was already awarded.  In short this is likely gonna be tough..to get what already belongs to you.  

    However, retro to 1974, is probably gonna be pretty big, even if you wind up having to give up 20 percent to a law firm to get the other 80 percent.  You can look at it 2 ways:  "You lose 20 percent" or "you have 80 percent MORE than what you have now".  

I prefer the later.  Now, After speaking to a law firm on this, listen to what he says.  You can ask him, "What would you do to recoup this 10 percent retro back to 1974?"  Listen to his answer.  Then decide if you can do it yourself, or if you should get that professional help.  

     Its been my experience (and I have been on hadit since about 2007, first applied in 2002), that you probably need a lawyer.  But I would like to hear what your lawyer has to say, first.  

https://www.vetadvocates.org/directory/widget_search?current_page=1&sort_type=featured&filter={"additional_info.show-profile-on-sustaining-membership-directory"%3A+"yes"}&asset_type=company_user&display_type=default

Short list:  Im familiar with:

CCK Law

Attig Steele

Hill and Pontoon

Bergman and Moore

Ken Carpeter (Carpenter Chartered)

At least 2 of the above have won millions of dollars for Veterans.  

    If you get a decision, you can file a nod with a year, you can file a NOD.  If you dont file a NOD, and can find CLEAR Unmistakable Error, then you can still win benefits.  And, you can reopen a decision with new evidence.  

But Im unsure of how to compel VA to give you benefits you say you have been awarded, perhaps except:

1.  Write VA a letter and ask them to give you your benefits back to 1974.  Send it certified mail, return receipt requested.  

2.  Send VA an IRIS email asking for same.  

3.  Call em, document the call, and ask for same.  

4.  If VA fails to respond, or responds negatively, file a writ of mandamus, like I did.  

[63Charlie]

Don't go to a gunfight with a ball bat.

Pardue and Coskrey were very effective working my appeal.

They turned multiple denials into grants on appeal.

Ryan Coskrey is good lawyer.

 

The above attorneys Broncovet mentioned ALL rejected taking my appeal.

Just because they won't represent you does not mean a thing.

It only indicates that they pick and choose who they represent based upon their own set of metrics.

Edited November 2, 2021 by 63Charlie

[broncovet]

Yes, many Vet lawyers are extremely busy, and I have been rejected by them in the past.  Eventually, however, I got law firms to accept my claims and won.  I had good Luck with Chris Attig.