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V.A. rejection

elubsmeelubsme Member Posts: 1,162 ✭✭✭
I filed a claim with the V.A. for peripheral neuropathy, a disease considered and acknowledged to have been caused by agent orange. The V.A. recognizes that I served two tours in Vietnam from May 1965-February 1967. But they denied my claim because I didn't file it within one year of leaving. That was 44 years ago!! and I had never heard of the disease. We were young and tough then and tended to not complain a lot. So according to my math the last American fighting man left 'Nam over 35 years ago. This in itself would disqualify all claims for assistance. Have any of you gotten approved for P.N? It's symptoms are akin to your legs and feet being held over a fire. Thanks, Ed

Comments

  • MMOMEQ-55MMOMEQ-55 Member Posts: 13,134
    edited November -1
    No expert but sounds like BS to me. My wife's EX is just now filling claims with the VA over AO related problems and he is about to get a very large sum of money plus disability for life.

    Hire yourself a lawyer.
  • kimikimi Member Posts: 44,627 ✭✭✭
    edited November -1
    Go to the DAV and let those guys take care of you.
    What's next?
  • krawiechkrawiech Member Posts: 135 ✭✭✭
    edited November -1
    ive been awarded 100% disability i just recieved it 3 years ago i was in country from sept 65 thru sept 66 who filed your paperwork for you do you have diabetes if you have diabetes its a gimme i had my county service officer file my claims he became my person in charge almost like a power of attorney i got my award after7 months the first time it came back it was at 100 % go to your vfw or american legion or county service officer if you have one let them help you fill out your forms they know how to dot the is and cross the tees they even helped me fill ot my ptsd claim hank k
  • flapjackflapjack Member Posts: 58 ✭✭
    edited November -1
    My experience is that they treat everyone like this, so don't be angry, they're not singling you out. They would like you to get a resentment and just go away, or delay your compensation as long as possible, hoping you die in the interim. I committed to hang in for myself and others. If more of us did, it would be easier for those that come behind us. Who ever sent that garbage to you knows all that, but to win, you have to be ready to go the distance. I suggest that you never raise your voice, use profanity, or make any statement that can be construed as a threat, in any way. I have been dealing with the VA since 1969. My first award for comp was in about 1972. I was given a ststus of 100% total and permanent about 4 years ago. That claim went back almosy 7 years, and the retro check was a big one. The sooner you get a claim in, the longer the retro time frame that hangs over their head, so get a claim in, and clim EVERYTHING. As someone suggested, get a service organization to file your claims and represent you, and you will have to stay after them too. The three sources of help that made the difference for me were: The Lord, the VFW, and my congressman, but without Jesus I would have gotten nowhere. Save everything, get coppies of all treatment, never send an original, and don't get mad. Talk to other vets that have gone through the process, and keep asking questions. Do something every day. You will prevail my friend.
  • mechwarrantmechwarrant Member Posts: 6 ✭✭
    edited November -1
    Flapjack is 100% correct; be persistant, polite and inquisitive and resubmit. Be detailed, get your current civilian doctor to write medicalees about your current condition. PAD is directly related to diabeties among other failings of health, some caused by choice, some by your service in RVN and exposure to Agent Orange. I'm working on the same progressions of health loss (PAD and hearing); again, don't give up.
  • us55840us55840 Member Posts: 31,317 ✭✭✭✭
    edited November -1
    Agent Orange was also used in Okanawa and in Thailand.
    "This country, with its institutions, belongs to the people who inhabit it. Whenever they shall grow weary of the existing government, they can exercise their constitutional right of amending it, or exercise their revolutionary right to overthrow it." Abraham Lincoln
  • john6012john6012 Member Posts: 97 ✭✭
    edited November -1
    Never give up! Keep butting the door with your head and they'll let you in. I heard a story about a guy who kept filing for service connection and finally he got a call from the regional VA office and the caller said, "I'll ok you for Unemployment if you'll stop the evaluation requests."

    As a matter of fact, if you'll go to hadit.com, there are some people who have gone through a lot of problems with the VA and they'll help you.
  • Jim RauJim Rau Member Posts: 3,550
    edited November -1
    I only applied for PTSD in Dec of 2010. I just got the answer today, but received payment to Dec 2010. I read the requirements and think 30% fit my symptoms and they agreed and gave me 30%.
    My only regret is that I waited so long to apply! I was in denial and it took the events of 911 to make me realize I was affected by PTSD, but I didn't get off my * until now and apply![:(]
  • DresserDanDresserDan Member Posts: 86 ✭✭
    edited November -1
    You should have a American Legion or VFW rep at the hospital.Get ahold of one of them.They know how to get stuff done.I have heard of others having problems and then getting ahold of a rep to get it going.
  • aap2aap2 Member Posts: 203 ✭✭✭
    edited November -1
    Don't give up; there is no regulation that says you have to file within a year..4 years, 44 years, no difference. Get a American Legion rep or contact your local VA hospital for a rep and don't give up. FWIW: I was discharged in 1974 and I had high blood pressure...I was never in any battles nor have I fought in any wars, so my contribution to the service was minimal. Over 30 years later I apply to see if I can get my BP meds thru the VA and I get shot down when I try to do my claim myself....Then a DAV rep at the VA hospital applies for me and I get an answer within months....service-connected for the high BP and 12 months of back pay...I was only hoping for low-cost meds but now get a monthly check and a very high priority for care; Ed: PN is no joke as you well know...you fought in 'Nam and havea legit disability...get a rep and let him fight for what you deserve.....best of luck to you GB
  • kimikimi Member Posts: 44,627 ✭✭✭
    edited November -1
    quote:Originally posted by aap2
    Don't give up; there is no regulation that says you have to file within a year..4 years, 44 years, no difference. Get a American Legion rep or contact your local VA hospital for a rep and don't give up. FWIW: I was discharged in 1974 and I had high blood pressure...I was never in any battles nor have I fought in any wars, so my contribution to the service was minimal. Over 30 years later I apply to see if I can get my BP meds thru the VA and I get shot down when I try to do my claim myself....Then a DAV rep at the VA hospital applies for me and I get an answer within months....service-connected for the high BP and 12 months of back pay...I was only hoping for low-cost meds but now get a monthly check and a very high priority for care; Ed: PN is no joke as you well know...you fought in 'Nam and havea legit disability...get a rep and let him fight for what you deserve.....best of luck to you GB


    There might not be such a regulation in this day and time, but there was a "one-year-requirement" when I retired back in 81. Specifically, any member who did not take take a physical examination upon leaving active duty service, was to have been informed to visit the VA and have such a pysical examination conducted within one year, and such a physical examination date for those people is more likely than not a deciding factor when trying to prove disabilities with the VA.
    What's next?
  • elubsmeelubsme Member Posts: 1,162 ✭✭✭
    edited November -1
    Thank you all for your suggestions and valuable information concerning my ongoing problems with the V.A. I wrote this topic on 01/22/11. So here it is nearly the end of March and I have an interview with them on the 28th of March.
    They don't exactly work fast, do they? Representing me will be a retired E-8 Navy Chief. He has interviewed me three times over the phone. His suggestion is to cancel my claim. He doesn't think the committee will find in my favor. He said "save your gas money". He also mentioned that it may take up to a year for a decision to be made. I told him that I am 68 years old and could die by then. He did say that my wife would get a retroactive check if they found in my favor. I am following this thing 'til it is over. Thanks again guys. Ed
  • kimikimi Member Posts: 44,627 ✭✭✭
    edited November -1
    You might need to get your congressman involved to get somebody's attention and a quick settlement. Did the Chief mention anything about the VA's presumptive agent orange, i.e. their "presumptive policy" which I would assume is an altogether different strategy that enables disabled veterans, in part, a way to get around the one-year-filing requirement should it have been missed. Again, get some congressional help behind your cause.
    What's next?
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