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Question from a Three-War Veteran About VA Benefits Rejection

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#1  2009-11-03 10:29:11

MarineAuntie
Supreme Member
Registered: 2008-05-22
Posts: 3102

I'm hoping that one of our experts at parsing through the VA bureaucracy can assist my friend George.  He's a Native American originally from California who enlisted in the Navy in the closing days of WWII and served honorably in World War II, Korea, and Vietnam.

Although in combat zones each time George managed to make it through all three wars without a scratch; however, during his time in Vietnam around 1967 he suffered a back injury directly related to his service.  He's having a very hard time proving his case to the VA and I would like to help him out. He actually asked me if I knew anyone who does lie detector tests because he's hoping if he passes a lie detector about what happened he'll be believed.  I can get him in touch with a lie detector guy, but don't know if that will help.

The basics of his situation are that he was on shore and they were under fire.  There was a ship or boat offshore.  The seas were very rough, waves kicking up about 8 feet, and at one point he was directed by his commander to transport or unload something from a dinghy onto the ship/boat.  He successfully did what he was supposed to do, but when it came time to get from the boat to the dinghy he had to wait until the wave brought the dinghy up higher so he could get back into it.  Unfortunately, he missed his distance and ended up landing very hard on his butt on the thing and felt a real jolt to his back.  He tried to shake it off.  There was no doctor or corpsman on the ship/boat and he doesn't think anyone recorded the accident.  He later wrote letters home about it because after that his back always hurt, but he thinks there may be no official record of the event.  He also believes no one saved their letters. He did track down some of the guys he was with; however, they've all said that all they remember was someone shooting at them.  I'm stumped, but hope someone here has a suggestion to help him.  He walks with a cane and his back is making him miserable.  He's been turned down by the VA four times. 

Hope someone can help this man who served in three wars AND the Cold War.  He's a very nice man who's been hanging out with the McDonald's crowd near my house for the past 20 years.  I find him completely believable.


Sir Thomas More: What would you do? Cut ... through the law to get after the Devil?
William Roper: Yes, I'd cut down every law in England to do that!
Sir Thomas More: Oh? And when the last law was down, and the Devil turned 'round on you, where would you hide, Roper, the laws all being flat? ... [D]o you really think you could stand upright in the winds that would blow then? Yes, I'd give the Devil benefit of law, for my own safety's sake!

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#2  2009-11-03 10:53:23

Captain Kirk
Top Gun Member
Registered: 2007-10-05
Posts: 8305

MA,

He may have a difficult time given that there were always medics around on ships or shore and someone has to be able to show the records. If he peruses what is called an after action report. His commander would have had to have described all the events of that action. Even if he were not mentioned in the report if he could at least prove the event actually happened he would have a greater chance of getting some help.

Is he in your area? If you need any  further help Wildman is very good at navigation the mass bureaucracy.

You tell George I will pray for wisdom in how to navigate this difficult one and i'm here if he needs anything else.

God bless him as he seeks the answers he deserves.

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#3  2009-11-03 11:15:23

MarineAuntie
Supreme Member
Registered: 2008-05-22
Posts: 3102

Thanks, Doug.  I'll ask him about the after-action report.


Sir Thomas More: What would you do? Cut ... through the law to get after the Devil?
William Roper: Yes, I'd cut down every law in England to do that!
Sir Thomas More: Oh? And when the last law was down, and the Devil turned 'round on you, where would you hide, Roper, the laws all being flat? ... [D]o you really think you could stand upright in the winds that would blow then? Yes, I'd give the Devil benefit of law, for my own safety's sake!

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Answer a few questions and in minutes find out what VA benefits you qualify for. Don't wait any longer to take advantage of the Veteran benefits you have earned, including VA Home Loans.

#4  2009-11-03 13:24:11

Captain Kirk
Top Gun Member
Registered: 2007-10-05
Posts: 8305

MarineAuntie wrote:

Thanks, Doug.  I'll ask him about the after-action report.

If he can get it he will have a leg up on the claim process.

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#5  2009-11-03 13:44:04

pegleg jack
Master Member
Registered: 2008-04-22
Posts: 594

MA, here is what i was told by the VA and VETERANS SERVICE OFFICER, am working on a similiar agenda and until i can get someone to write a letter that accually saw what happen, that i didnt have a ghost in h--- of getting anything for it from the VA. To make it short, the VA, Thinks that we are just making it up and trying to get more or some money out of them. Wish that i could be of more help, but unable to until i can find someone that witnessed my accident when i was stationed on GUAM in the 60's.

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#6  2009-11-03 13:55:05

Captain Kirk
Top Gun Member
Registered: 2007-10-05
Posts: 8305

pegleg jack wrote:

MA, here is what i was told by the VA and VETERANS SERVICE OFFICER, am working on a similiar agenda and until i can get someone to write a letter that accually saw what happen, that i didnt have a ghost in h--- of getting anything for it from the VA. To make it short, the VA, Thinks that we are just making it up and trying to get more or some money out of them. Wish that i could be of more help, but unable to until i can find someone that witnessed my accident when i was stationed on GUAM in the 60's.

Hey Jack,

You were in  Guam when it happened? 

Did not know that. Do the officers do incident reports there?

Man, that is even tougher than this new guy cause in the Marines they probably would not have made very accurate reports in a Non combat report.

Well you know the ol Cap'n has your 6.

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#7  2009-11-03 14:01:40

wildman
Moderator
Registered: 2007-03-14

MA This first question is he enrolled with the VA?

The reason I ask is a lot of Veterans have not gone to the VA and enrolled with them.

See If you can get copies of his DD 214, also he go on line and request a copy of it along with copies of all of his medical records.

His DD 214 will tell a lot of different things.  e-mail, me if you need to.


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I am A Soldier
I will always be A Soldier

Don't steal... The government doesn't like competition!

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#8  2009-11-03 16:36:41

pegleg jack
Master Member
Registered: 2008-04-22
Posts: 594

Capt Kirk, was there in 1961 to 1962 stationed at NAVCOMSTA AGANA, worked in the message center and was on mid shift and was sitting on a desk when a clown grabed my legs and pulled me off the desk, was on crutches for about 4 days and had to go to sick bay every day for heat treatment, but for some reason it was not entered in to  my service jacket and we do believe that the fall had something do with me loosing my legs to blood clots. Am in the process of trying to find someone you was on duty that night that can back up my claim, cause i cant find out what they did with the medical records from the  base after it was closed up.

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#9  2009-11-03 17:11:38

wildman
Moderator
Registered: 2007-03-14

pegleg jack wrote:

Capt Kirk, was there in 1961 to 1962 stationed at NAVCOMSTA AGANA, worked in the message center and was on mid shift and was sitting on a desk when a clown grabed my legs and pulled me off the desk, was on crutches for about 4 days and had to go to sick bay every day for heat treatment, but for some reason it was not entered in to  my service jacket and we do believe that the fall had something do with me loosing my legs to blood clots. Am in the process of trying to find someone you was on duty that night that can back up my claim, cause i cant find out what they did with the medical records from the  base after it was closed up.

Jack I know you belong to the American Legion, DAV etc, I read messages in the mag all the time looking for someone who was at or saw something etc.happen.

Put a message in them.

Heck the guy ( clown  )  who did it might read the message.


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I Was A Soldier
I am A Soldier
I will always be A Soldier

Don't steal... The government doesn't like competition!

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#10  2009-11-03 17:23:52

Captain Kirk
Top Gun Member
Registered: 2007-10-05
Posts: 8305

Jack,

My prayers are for the best for you Bro.   You got my vote.

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#11  2009-11-04 10:04:06

USN-G-Man
Executive Member
Registered: 2008-10-05
Posts: 1935

MA, based on what you told us about this Veteran, he might try an opposite approach to his injury.

He obviously has service medical records prior to this injury.  Those records can prove that he didn't have a back problem prior to this injury.

In combat situations, nobody keeps records.  After it's all over, the after action report is a brief description of the event.  If your lucky, your injury will be mentioned, if not, well that's a tough one.

Anyway, because the VA must consider the benefit of the doubt,  An injury can be proved by proving that before that time his back was fine and after it was not.

This does not often work with short term Vets but this man has many years of records to support him. 

Going this way, he wouldn't have to prove the exact circumstance pertaining to the incident but more that fact that "something" screwed up his back and that incident is the most likely,

IMO

Last edited by USN-G-Man (2009-11-05 08:43:43)


Abraham Lincoln - America will never be destroyed from the outside. If we falter and lose our freedoms, it will be because we destroyed ourselves.

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#12  2009-11-04 12:22:47

MarineAuntie
Supreme Member
Registered: 2008-05-22
Posts: 3102

Thanks, guys.  You've all been very helpful and I'm hoping to put some of your suggestions before George on Friday or Saturday when I go for coffee.  Pegleg, your story is like the nightmare scenario mothers try to warn their kids about when they want to engage in dangerous hijinks and horsing around.  Horrible.


Sir Thomas More: What would you do? Cut ... through the law to get after the Devil?
William Roper: Yes, I'd cut down every law in England to do that!
Sir Thomas More: Oh? And when the last law was down, and the Devil turned 'round on you, where would you hide, Roper, the laws all being flat? ... [D]o you really think you could stand upright in the winds that would blow then? Yes, I'd give the Devil benefit of law, for my own safety's sake!

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#13  2009-11-04 15:16:02

Captain Kirk
Top Gun Member
Registered: 2007-10-05
Posts: 8305

MA,

Keep us up to date with George and how this turns out. If we can be of any additional help you know where you can find us. We are the crazy Military freak show. Crippled, broken, emotionally unstable. But we got your back in a pinch. LOL

Last edited by Captain Kirk (2009-11-04 15:16:28)

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#14  2009-11-04 16:57:05

MarineAuntie
Supreme Member
Registered: 2008-05-22
Posts: 3102

Captain Kirk wrote:

We are the crazy Military freak show. Crippled, broken, emotionally unstable.

Gee, that makes you guys sound like my kind of people smile  George was much encouraged about my promise to look into this and I hope something good comes of it for him.  He doesn't do computers, but I've been telling him about the site.


Sir Thomas More: What would you do? Cut ... through the law to get after the Devil?
William Roper: Yes, I'd cut down every law in England to do that!
Sir Thomas More: Oh? And when the last law was down, and the Devil turned 'round on you, where would you hide, Roper, the laws all being flat? ... [D]o you really think you could stand upright in the winds that would blow then? Yes, I'd give the Devil benefit of law, for my own safety's sake!

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