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US Navy Retired

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Latest Activity: Mar 7

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retiredin 1996

Started by vince bonderczuk. Last reply by Roberto Ramos Nov 1, 2013. 1 Reply

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One Huge Event

Started by RMC John Joseph, Ret.. Last reply by RMC John Joseph, Ret. Jul 24, 2009. 1 Reply

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Comment by Donald Alan Jaffa on April 19, 2013 at 12:26pm

Doc .. no matter what the service path  everyone ends up with not getting there after service diagnosis and treatment for injuries incurred during service, as service connected for disability rating and disability payment. Because active duty military doctors and VA doctors are NOT ALLOWED to make the 'service connection' determinations.  Private doctors can, so as i did, pay $900 for a board certified specialist to review the medical history and X-rays and MRIs, He did make the 'service connection' determination so I did get the disability rating for the service connected injury.

Comment by Lindsey E. Ford HMC (SW) on April 19, 2013 at 6:31am

No comment - just confused!

Comment by Donald Alan Jaffa on April 18, 2013 at 10:57pm

I got hooked on YN1 George Smth's comments, and we all have certain status of contentions about our service. I enlisted on 15-Oct-68 and drilled with the Pomona Naval Reserve Center, to perform my boot camp in Diego (Nimitz Island 1911 Barracks) ADT with DD 747 at Pier 90 in Seattle and for gunnery practice. But I got orders for TAR duty with NARDET Moffett. On 1 Nov 1970 VP-91 got commissioned and I was transferred to that unit. My ETS was 17 Jun 1972 and I was then reassigned in a drilling status to COMNAVRESWINGSPAC.  I returned to the Naval Reserve in Nov 1979 with a Pentgon unit supporting the Office of Naval Intelligence.  In Sep 1982 in was commissioned as a 1635, Naval Reserve Intelligence Officer.  In 1983 I was promoted to O-3E, Lieutenant.  I remained a Mustang until mandatory retirement in Oct 1994. In 1989, while drilling with RIA-14 in Norfolk I was placed on permanent profile against running based on injuries received while on active duty in the US Army.  I filed my first claim with the VA for that back injury (Spinal Stenosis L4/L5, with degenerative disk disease, and polyneuropathy of the lower limbs).  March 1992.  It was denied in April 1994. In the intervening appeal, and resubmission based on CUE and denial, and reappeal.. it was finally granted service connection in december 2009 and later granted the disability rating of 10% effective the date of the private physician paid ($900) for by me to review the medical history, X-rays. MRIs, cat scans, to make the determination that the injury was service connected.  The VA refusal to date the service connection back to the original submission was contrary to the implementing statutes and intent of congress. The original claim was denied because the claim adjudicator failed to wait until my Army medical records were received and made part of the official record on which the claim was made.  When almost four years had passed awaiting review by the VA appeals court and no result, I filed a Peremptory Write of Mandamus with the 9th Circuit Federal District Court (Riverside CA) which the VA will have to respond prior to the expiration of 60 days from the filing (early May).  A Writ of Mandamus requires the VA to appear in Federal District Court and respond to the issues of 'failure to perform a mandated ministerial duty!' I am waiting for the assigned Magistrate Judge to issue Summary Judgement so i get my 10% rating paid from the original date of submission, and my 20% rating (10% for back injury and 10% for hearing loss) from 1996 when I had to take a physical exam to deploy with 1st Armored Division to Bosnia.  SInce I have just been awarded SSDI I am on track to 100% based on complete unemployability...  However, once won I am interested in using my arrears in disability pay to start law school in september, so when i turn 70 i can engage the VA in court for any sailor that needs help in getting benefits assigned and paid!!!  

Comment by Peter H St Onge on April 15, 2013 at 7:26pm

HTC"SW" Peter H. St.Onge Retired 1975-1995

Comment by Jerry Ballard(sw)SH1Ret on March 9, 2013 at 3:55pm

Hi George.... When I filed my appeal, I went through AmVets who filed it for me, and although it has been a little over five years, I have my Congressmen also enquiring for me....Now they tell me they finished all the exams and now deciding on a decision.... That letter was four years ago

But ya, There are people far worst off then I am and I'm not really complaining but just voicing what most of the rest of you are saying as well.. 

One of these years I will get a surprise back pay check..... (Maybe)

Comment by mike carlson bm1 (sw) on March 8, 2013 at 4:55am

well put george ty for clearing it all up for us when i do my appeals i sent back a copy of my medical record high lighting the area they need to see.

Comment by Robert Teague on March 7, 2013 at 11:20pm

Thanks George

Comment by George Smith on March 7, 2013 at 11:05pm

Robert, once your initial claim is decided, filing for additional compensation is far easier and faster.  The trick is to submit supporting documents when you file, 

Comment by Robert Teague on March 7, 2013 at 10:54pm

George

That was great information. I've heard they were behind but I didn't know they were that far behind. I filed my claim just before I retired in 2000 and it took a year. I guess I am one of the lucky ones. I can't fathom (no pun on the Navy) having to refile for more compensation. With the troops coming back today I think they probably deserve my half.

Comment by George Smith on March 7, 2013 at 10:47pm

Gentlemen, I have read a lot of these comments,  I must speak up.  I am a YN1(SW), USN, RET, 100% P/T Disabled Combat Veteran.  I was medically retired after 17 years in the good ole Navy.  For the past 8 years, I have been a volunteer Veteran Service Officer,  I am certified with the VA, VFW and State of Florida to assist veterans with claims.  Let me say this,  The VA system sucks real bad,  they have been using the same system since the 1950's.  They are trying to get into the 21st century but this might take another 50 years.  Nation wide, there are approximately 1 million backlog claims for compensation for the VA, everything from WWII Vets to the current combat vets.  The general concept that veterans get from the VA is "Deny till they Die".  Even though I was medically retired directly from the Navy, it still took me almost 6 years to get my claim resolved, so I understand your feelings,  that is why I became a Service officer.  I keep seeping the word APPEAL and my question is simple,  when your case was denied a VA Form 9 was attached to Appeal the decision.  Did you complete this form and send it back to the VA??  If so that is part of the problem.  Once you Appeal, the case goes to Washington and you certainly get lost in the shuffle.  they are years and years behing in cases.  Most Regional offices want Vets to appeal so that the case moves out of the Regional area and puts the responsibility on the Veterans Court of Appeal.  Hopefully none of you signed the Form 9.  Secondly, dont waste your time and money having an attorney assist you at the Regional Level.  A good service officer can do the same thing for free.  I totally understand the frustration you guys feel,  been there, done that.  Just remember the claim is retroactive back to the File date.  I am NOT a fan of the VA for either Compensation or Medical Care.  If I can be of any help to you guys, let me know.

 

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