The United States Supreme Court has decided to take up a case that could have major ramifications for thousands of veterans.
The case involves a Navy veteran who believes his disability compensation from the VA should have begun from the date he left the military, not when he filed the paperwork.
The Supreme Court’s decision could result in a large number of veterans receiving back pay on their disability compensation, many of whom waited years to file their claims.
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Adolfo Arellano is the veteran in the case, and during his years in service from 1977-1981 he was on an aircraft carrier when a large collision occurred. The incident resulted in the deaths and injuries of several of his shipmates. It nearly swept Arellano overboard, leaving him with post-traumatic stress disorder and other mental conditions.
30 years later Arellano filed a claim with the VA and it was approved. They backdated it to the date he filed the paperwork in 2011. But Arellano appealed, arguing that the disability payments should have been made retroactive to his discharge. He says the mental health conditions he developed from the collision prevented him from filing the claim sooner.
Arellano’s claim was denied by the Court of Appeals for Veterans Claims, at which point he appealed and the Federal Circuit judges split their decision on the case.
After the split, Arellano’s legal team petitioned the Supreme Court.
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A ruling in Arellano’s favor has the potential to affect “thousands of current and future veterans,” according to his attorney, James Barney, a graduate of the U.S. Naval Academy and partner in the D.C.-based firm Finnegan.
Barney said that, as the equitable tolling doctrine stands now, veterans have no recourse for seeking a waiver to the one-year deadline, “no matter how compelling the individual circumstances.”
“It would apply a more flexible rule that would be to the benefit of potentially thousands of disabled veterans,” Barney told Military.com. “The equitable tolling doctrine is only supposed to apply in extenuating circumstances, but when you are talking about disabled veterans, there often are extenuating circumstances.”
In Arellano’s petition to the court, his attorneys noted that veterans fail to file claims within the one-year period for reasons other than incapacitation, including that they may be discouraged by others, may not be aware they are eligible for benefits, or they were injured during operations that involved secrecy and fear disclosing classified information.
“This would at least give these veterans an opportunity to ask the court to toll these deadlines because, as of right now, the veteran has zero chance of asking for [a waiver],” Barney said.
Every year thousands of cases are petitioned to the Supreme Court, and only about 80 get taken up.
“It’s an unfortunate reality that many members of the armed forces face a difficult path once discharged from the service,” Arellano’s lawyers stated in their petition to the Supreme Court. “Indeed, the sad irony is that the very illnesses the veterans’ benefits system is designed to address, such as PTSD, are often the ones that cause veterans to miss the one-year deadline.”
That is so true , when I got out I had problems with substance and didn’t get help for years. Then I went to VA for help . Years later I’m almost over my problems . That had happened while in military. Not saying it couldn’t of happened elsewhere in my life but it happened then.
So there shouldn’t be a dead line in filing. Vets sometimes don’t deal with or realize there’s a problem that we can get help for. It’s life or death
Rudolpho escamilla says
That’s is so true I fell through a hatch and was offered disabled discharge but I decided to stay in the navy about 20 yrs later the affects of my damage affected me I have disability but it took my three yrs to get my disability thank god for my answers to my disability
Judy LITTLE says
Widows should also get 100% disability payments instead of the stupid law that your husband had to be receiving disability for 8 years prior to his 100%. We had lung,heart, & cancer so bad to deal with for over 20 years & noone would give him the disability he was due after being on the USS Sante Fe in the electricians room with cannons of gunfire shooting rite outside his door 24 hours a day.
Carol Ingles says
Absolutely agree! My husband served 20 years in AF and soooo many exposures. Liver transplant, CLL, Diabetes, Severe Gout, medicines galore—50% we had to fight for it—Unbelievable
Terri Torain says
Honey I agree. I had to fight for the little 10% and still fighting for an increase.
Richard Steeves says
I went to the VA 3 months after my discharged From Vietnam. I was told I did not get benefits because I made too much money. This went in for 20 years after several try s. I finally told a bam vet had no limit to what they could make. The Va would not go back to my first date I applied. 36 cancers later only 30%.
That sounds like a case for the Supreme Court .
Frank Haagenson says
I think, since Ilost my hearing in my left ear when I was in the Navy. And then I rejoined in the Army National Guard and waivered my hearing to get back in the Military, I should get back pay from when I got out of the Navy.
Claude Latham says
I lost my hearing in my right ear due to being stationed by the tail gunner on a P5M fling boat, But in my case the Navy said my records got burned up in a fire in the facility they were stored in, I had a heart murmur and high blood pressure when i was released to inactive duty, so good luck in your quest!
Terri Torain says
I feel ya.
Rony Abraham Matute says
Yes is my case I where living for two months close to the oil burning fields in Kuwait border with Irak and my medical records does not show , injuries suffered in the years of service , like my foot , backs pains example, ten years ago I visited VA and they denied my claim, what to do ? C
Lynda Brennan says
Go to your nearest V.A. and make a claim with Disabled American Vets.They are the only one’s who got my husband 100% disability.Good luck and God Bless.
Appeal with help from VFW or Disabled Veterans of America
Beverly Swift says
I too am going through the same with VA. I was in the Army. Had 3 surgeries. The last one was a hysterectomy That I was told it wasn’t needed. I filed a claim because I got a discharge general discharge with other than honorable. I have been sending claims in. They keep telling me I needed to do the paperwork within 6 months. I went through a review board. but that paperwork is not in my file. I have found a lawyer hopefully he can help.
They want you to serve our county and don’t want to do what is expeteded. I was still in training when they discharged me.
Appeal with help from VFW or Disabled Veterans of America
Terri Torain says
Upload you case to my healthy vet and send a copy certified mail and if all else fails contact your Senator. I appealed a decision and sent it certified mail. I kept wondering why I hadn’t heard anything from them for about six months. I contacted my Senator and come to find out my appeal was sitting on someone’s desk. We the veterans but they have the jobs. Aint that a bi****.
whith all the issue that I had when I was discharged not being able to sleep jumpy all the time ,must have lights on all the time afraid of dark feeling like you can tell people your story cause they may make fun of you because you were a Marine seeing ,things at night that weren’t there just silhouettes ,thinking all things were normal and you have to live with ,but worse is not knowing when it going to trigger again, looking over your shoulder all the time ,talking to your self its in your mind,Then finale you break down and tell some you love that can believe you cause they were there or experienced some of the same things and would not laugh at you and when you do tell them they recommend you see some one ,thank god for my brother, along with other problems you have ,then some sweet nurse tells you you need to talk to some one cause there help for you out there’ll time thinking these are things that are normal and wander why me .
File a claim with help from VFW or Disabled Veterans of America
Bonnie Gosier Cody says
So true. My disability in hypertension (in 1980) prevented me from continuing my service in a healthy fashion. Headaches and vertigo (later) disabled me then and now still!
Appeal with help from VFW or Disabled Veterans of America
File a claim with help from VFW or Disabled Veterans of America
Tammy DiCarlo says
I’ hope this actually goes through because I am dealing with issues accrued during my military career and each day they get worse. I can barely walk and not without a lot of pain.
Cindy Ropp-richter says
I was in an accident in 1988 and filed three times and was denied. Finally took 22 years to get a rating but only happened when I was a GS11 a the VA. I feel I had enough evidence even 10 years after accident. Mine was an eventual deterioration of health. I was even denied when I was working at the VA and appeal was denied. but nice rating appeal officer listened. to me when I demanded in person hearing. Privately I was told they rubber stamped be over 20 years. They say they are making it easier- they are not! Well, they are, but for recent war veterans since 9/11 with blatantly obvious injuries- as they should~!
Eric Rearden says
There are time limits to apply for any federal benefit, insurance, personal injury lawsuits, etc. Eliminating time limits? Why not eliminate all statutes of limitations? Because if you do that with VA benefits you have to consider the entire tort claim system invalid. While some people agree to demonize the VA regardless of facts, this is a bad idea.
Willy P says
You must not be a veteran that had to go through the struggle of substance abuse and everything when you got out of the military. I believe this to be a good idea. That means I would get back pay all the way to 2012. It took me three years to even think about filing for disability. When I finally did it took five years to get the rating that I have.
Richard Lapp says
Richard Lapp, USArmy;
I got out in 1971 from Vietnam and had years of drugs and Alcohol abuse from PTSD and started having symptoms of depression and Parkinson’s disease disorder. I finally went to a psychologist and struggled with back flashes for 40 years , needless to say it took me 7 years with my psychologist before I could talk to other people about my problems,. I never new I could get help from the VA until after I left Vietnam after 40years.
I too, am in the same place as you. It has been of record how my career was ended by a charge of possession. I received an honorable discharge, but no instructions on what to do about it. I didn’t even know help was available. This led me into years of jails and serving time, including two stints in prison. I finally started treatment, was diagnosed with PTSD ,hypervillggience , depression, anxiety just to name, and I’m still waiting for a rating. since 2002
Are you ridiculous? Or what. Just the words You use, tells us, you’re not a veteran. And if you are, you’ve never faced combat. Never faced death before your eyes. And no one is mentioning all tort claims, nor has anyone mentioned all statutes of limitations. Please just leave it to the courts, and quit putting wood into the fire.. what you’re saying, is whatever happened to. us on a battlefield, you don’t care, times up, is that what you’re saying?
Kenneth Hardy says
I have service connected injuries and it is documented in my medical records and I have been denied. I was able to get ten percent for my hearing loss. My feet are painful to walk on and the VA drags their feet.
Rudy SSG says
To all my brothers in ARMS, active or ETS’, State disability Insurance is designed for the age group of people that have a disability and not able to function 100%, I find a disability lawyer on the net explained my situation, they Said Disability Insurance was designed for my case in general, they charged me only if I qualify I did they charged me 1/3rd of my awards , I received 5k plus and I receive a monthly check deposit once a month, ( Army 1980-1989 M-60A3) I finally got my retroactive pay and a rating of 10% that is in appeal, remember one thing WE DID NOT just earn it , “
WE ARE INITIALED” , this word initialed was the reason after 25 yrs that I filed , there’s program out there , for the help while we wait for the VA to get there head out a hole in the ground.
Dianne Melson says
Many veterans don’t realize there’s an health problem until years later, I absolutely feel compensation should be retroactive to the date of discharge. I don’t believe that will happen however because of our current financial climate.
Chuck Hawkins says
Agent Orange is a good example of this!
What if, like me, you went to the VA right after discharged and it told you, basically, it was “all in my head?” So, I saw what I was up against then, and never filed.
Turns out, they might have been “right” but not RIGHT.
Now, decades after my service, they said I have PTSD, but they only went back to the date that claim was filed, not when I started suffering. All those years in mental pain…lost.
And it doesn’t look like I’ll be able to get any compensation for them?
Which is, I believe, what the VA and the Government, wanted after the Persian Gulf War: me and the rest of us to wander off and quietly die in a hole somewhere. That is exactly it.
It’s done that after every war since the Revolution, made promises it/they never meant to keep.
Don’t believe me?
Look at what they did to Vets returning home with radiation sickness after WW2. Look what they did to those affected by Agent Orange. Look at Gulf War Syndrome and see how they miscalculated the amount of personnel affected over time, while denying any causal link between Service in the Gulf and illness.
Juan Francisco Cuellar says
I was discharge for failing to meet weight standards. But what had really happen ihad gotten Diebets and Norapatiy had started to affect may running and marching. So when servent pay was offered I took it also we didn’t received a physical leaving the military. All they told use that we would be having Acute pain.time my Diebtis Started was in June of 1991 and was put on what they call fathom program.and that happen to all the service member getting out in JANUARY 1992. 1 WAS PULLING TO COMPLET MY 20 YRS BUT COULD ON COMPLETED 16 YRS WITH 10% DISABLITY.HELP PLEASE.
Ted Floyd says
They forced me out because of my weight, and then after 30 years I began having problems with my sugar running hi and low and then started have numbness in my feet and legs so in 2010 I filed for everything I thought was wrong with me and was turned down. Then I appleaded it and they gave me 10% on my hearing and gave me hearing aides. After 10 years I began to get awarded my disabilities and finally got to 199% but only got 3 months back pay not the 10 years that I fault for it, but I guess I am glad I got it.
Royal s terry says
Royal s terry. I was Discharged with nerve damage and mental issues I applied in 1981 for my conditions and was denied for almost 25 years
To my fellow Veterans! My heart goes out to you all I was dealing with the VA for over 20 yrs So I have heard all the night mares stories before. First let me say you should never go it alone when filling a claim I personally use the American Legion . Always use a service organization they will cut short most of the red tape Second you must be persistent when filling If turned down refill. Never take no for an answer When you receive a rating immediately appeal it Your rep Will guide you Also when you apply to the VA the part on the application which wants your financial info leave blank that info is not required Check with your rep about this before filling any paperwork with VA . Your Service rep will ask you to sign a power of attorney statement which he will need to get any personal records & be your liaison between you & the VA One more thing I notice someone mentioned he is receiving 199% Never heard anyone getting a rating that high
Boyd McIntyre says
I got out of the military in 1975, but couldn’t hold a job and ended up returning to the service. I was and didn’t know it suffering from PTSD. I became an alcoholic and tried to maintain jobs but eventually, the PTSD would kick in and I knew the job was over. I eventually quit a job at the Post Office because I was scared I would kill one of my Supervisors.. I also had a bad knew from a forced march in Okinawa that prevented me from returning to my passion as a Semi driver. I could go on and on but I believe I’ve shared enough.
Any word on when the supreme court will hear this case?
David, get on the Internet, post Adolfo, Arellano. Updated, and I found out, that they should make a decision by June. At least that’s what I read
Eloy Resendez says
Well I think the date should be retroactive to the DATE OF THE INCIDENT that caused the disability. That’s when my disability actually began!
Michael Jenkins says
How about all of us who were exposed to agent orange in Viet Nam where the effects didn’t show up for years.
I totally believe that this is a legit claim I support it 100%
Edward Irizarry says
I have internal bleeding when i wàs in the navy .i was in the hospital for 90 days in Lackland air force base in san antonio Texas. The navy send me to naval air station corpus Christy. Texas after 6 months they give me a temporary medical discharge and send me home.after 6 years they foud me fix for duty and give me ahard time to go back.and i whe to va . and finally after 10 long years they give me the 100%disability. Can i have a chance to have the money i spouse to have.
Norberto Paredes says
I was on the same USS ship carrier when we collided, with the commercial vessel. During the collision I also lost my balance and fell down the stairs, while going down the engine room #4. Now my back and knees are paying the price.
I had two discharge The first one was Honorable and the second one other than Honorable. when I went to the VA in Buffalo New York to apply for benefits in 1980 they denied my benefits because of my second discharge I didn’t receive benefits until 2009 after reapplying for benefits for PTSD.
There are those who say, that this is a bad idea. Why do those that say it’s a bad idea? I believe for those that say that, have probably never faced front line combat, like myself and thousands others. No, I don’t believe in breaking the V.A., but if we have something more than what we’re receiving, it would be very nice, because live on is, from one check to another. And how do we know for sure, when this will happen?
Jerry Murphy says
I retired from 28 years active duty in 1983. The very next day I took my DD Form 214 and a copy of all medical records to the Veterans Administration office and filed my initial claim. My father had retired from US Navy in 1955 after 30 years continuous service. While on active duty he developed severe stomach issues which were resolved by removal of most of his stomach. He recovered and spent the last 10 years an “Limited Duty” status. He lived 27 years in retirement.. In 1982 he developed stomach cancer, and the remainder of his stomach was removed. He died while in hospital recovery. He had never filed a VA Claim; which most certainly would have resulted in a finding of “Total and Permanent” disability for 100 percent by The VA. Although she received; an annuity from his retired pay,; VA compensation as a surviving spouse would have made her life more comfortable. I vowed to not make that misinformed mistake with my retirement the next year. This new, automatic enrollment VA Health Care is a long overdue benefit.
Paul Mozdzanowski says
I got out of the service in 1975 and when I went to file because of some of the problems I was having due to injuries and chemical exposure, I was told that my records were burned up in a fire in St Louis. It took me 30+ years to finally get my records and begin the slow process of getting compensation for my problems. After filing appeals many times I finally got the 100% I think I deserve but I look at the 30 years I should have been compensated, it certainly leaves a bad taste in my mouth.
Jeannie Hereford says
I left the regular army after four years of sexual assault, sexual abuse, and my
Rt’s shoulder continued to dislodge after dislocating extremely and horribly for me while we were low crawling and I had to hold the weight of a person who weighed much more than me and there more people held the other corners of the stretcher the person way
Laying on. I had the upper left corner.
And we were under a barbed wire so the person was over the wire we were under with very little room. When my shoulder popped out it was very difficult I was stuck under this barbed wire screaming the pain was horrific I couldn’t believe the pain, I passed out
So my fellow soldiers got me out and to the hospital where they reduce back in place and gave me a sleeve sling to wear. It still hurt so much but they did want to give me surgery so my shoulder would pop out time during
Any activities that involve me reaching up or backward. The. When. I arrived in Savannah at Hunter Army Airfield
While sleeping my roommate’s boyfriend woke me up in the middle of the night she had duty CQ duty and he was on top of me raping me. I screamed and yelled no one came, I yell out for my roommate she didn’t even come. When I was able to get up I jump up and I screamed running out of the room. I am the Sgt. Of barracks
And I told him what happened. I found my roommate and she didn’t believe me I just started staying away in the library
In my girl room when I could.
Donald Phillips says
I was exposed to agent Orange on 1966 aboard a carrier in Vietnam and am receiving 100 percent disability for that and asbestos. I have a lung disease that the symptoms didn’t start till March 1918. Didn’t know I had it until that time which means I’ve had it living in my body since 1966. I should get back pay back to 1966. Yes it would cost the government a lot of money but at least the money wouldn’t be wasted like all the other stupid stuff they waste it on all the time!
Jeannie Hereford says
I also have PTSD FROM all the trauma I
Having experience in the Military regular and National Guard when I was called up for the war I trained in San Antonio, Texas I injured my knees and
my back and varicose veins worse.
My PTSD was worse. And I did not get
Any medical exam is done because my
Unit move without notice.
Yes,this is very interesting,because I was a combat medic.Served all my time in the feild,up north along the two DMZ’s.After coming home in May of 1970 got stationed in Ft Hamilton Brooklyn,when I started having,my own PTSD problems.In those days people would tell you that if you had had flash backs and bad nightmares,that it was only normal because you did see action.What they didn’t tell us that it would last the rest of our lives.They also would tell us that people like us would get locked up in lunyben if we made an issue out of it.So untill I almost got fired from the Post Office in 1997 for going after my superviser,did I do anything about it .Got 100% in augs.2000.What I never told anybody how the military would not let me reup,because they told me I would be a problem in the future.I was on my third reinlistment.They told me to leive,even thow they new then that I had PTSD.They did nothing to help me .They just wanted me gone.
Danielle Young says
I have been saying for over 20 yrs now that we served, I personally loved my time!)
I have too many to go back in yet, The VA’s own copies show that I Have had all these issues and got them In the military.
It should Not be based solely on when you did the compensation hearing alone. It should however if shown, be eligible for back pay all the way back to our service times. Thanks for the time and consideration in these matters!
Robert L Sicking Jr. says
i TOO WAS TOLD i DID NOT QUALIFY . BECAUSE i MADE TOO MUCH MONEY
Paul Wallis says
I got out of the navy in 1967, I went 40 years with undiagnosed PTSD. My older brother used to ask me why I did all the crazy stuff I did. In 2004 I think it was hurricane Ivan hit Pensacola hard, I went into a Wallmart and a feeling of dread caused me to leave and go home. I went to my Dr. and he told me it was PTSD and that the hurricane was a trigger. I waited two years before going to the VA because I didn’t think I deserved help because I was not in combat. The VA treated me for about a year and a half and did me a lot of good. When I filed a claim I was Tod that I couldn’t prove what my stressors were. I re-opened the claim 3 or 4 times at the urging of a neighbor, a retired Army colonel. I just got tired of the run around and quit trying. My main stressor was watching an A-6 pilot sink into the Tonkin Gulf while beating on his stuck canopy. With records from that era being paper and stored in a ware house in Baltimore, unless you could give them a two month time frame they wouldn’t even look.
Charlie Simonds says
I’m a 100% rated disabled Vietnam Vet, although it sounds good that the renumeration for the Disability go back to the time of Discharge but, just think of the costs involved…I didn.t file for VA benefits until I was 51. Iwas disabled enough to go on Medical Social Security at 50 as well as Medical Retirement with my Union (they a very, very strict with that type of retiring) at the age of 50. I had no idea I could go to the VA for help until We let a homeless disabled Vet move into our home. He was the one who told me what benefits I should’ve had and I told him I was denied benefits, he then told me where to go for assistance in filing (The State of California has VA Benefits Advocates for just this same reason), they got me my benefits, but those benefits paid me back to the time of my 2nd Application for benefits.
Back to the point of this statement, if they paid us back to our incidents of damage, or even just back to our Discharge, I believe it would be in the Billions, because we also need to consider the Veteran’s Widows and/or their Children.
I tend to agree with the way the Government’s Decisions on when we get back pay up to the filing.
John Lardner says
I served 30 years active service in the U.S. Navy (1956-1986) and in l969 served on AO37 off the coast of Vietnam. After that date I noticed problems with cold feed and minor difficulty walking but no to the point that it hindered me in my daily routine. Several years later the problem became worse and I had numbness and pain as well as very cold feed. I began to stumble and trip and fall a lot. I want to the Neurologist and he diagnosed peripheral neuropathy in my legs and sent me to rehab. I finally put in a claim to the VA and it was denied as it had to have been early onset soon after exposure. How many of us vets have disabilities caused from active service and our claims have been denied? Will this latest court decision be of any help to me and others like me?
To all off you who’s trying to apply and keep getting denied. Find an American legion in your area and talk to them, let them represent you. American legion did all my paperwork and got me my disability that I wanted. I’m so sorry nobody’s giving you guys any kind of help or where to go to get help. Like I said American legion helped me with my disability now I get 💯 disability..
The government has been hiding too much back pay that all service connected combat veterans deserve. After all, where would America be without the veterans? I’m not just talking about myself, I’m talking about all front line combat veterans like myself. From the Revolutionary war to our current wars
Thomas Johnson says
I fell 35ft and landed on my head after striking a platform halfway down with the left side of my head in BootCamp. Got up, walked to the ambulance, took a shower at the aid station. They sent me to the hospital.
Found out much later I had 9 broken ribs, 4 broken vertebrae, 5 ruptured discs, a broken left wrist (6 places, never healed), carpal tunnel (both wrists), TBI, post-concussion syndrome, lost 10 points IQ, neuropathy, sleep apnea, narcolepsy, migraines (24/7), etc.
Right after service, I applied for several problems and was denied. Appealing got me 0% low back 10% left wrist. Kept re-applying and appealing, got 50% for my back after about 10 yr (denied backdate). Applied and appealed more problems, finally got 100% after 38 years after service and losing many jobs, my house, etc. Backdated 18 yr.
My kids all missed paid for schooling, medical, etc. because they already attended school, etc. even though it was backdated 18 yr. Wish it could be backdated to when I got out. They never attached my TBI (traumatic brain injury) or the post-concussion syndrome to my fall, attached my migraines (denied backdate).
Neil Guerrero says
Hey Luis I can relate to your situation. I too developed substance abuse problems while serving in the Army overseas. In fact it remained with me well into my civilian life and never got resolved . The reality of the situation is that many guys I served with developed substance abuse problems and the thing was you suffered in silence because being caught was really bad for you due to the constant mental harassment that was a part of daily life going forward. I know its not my reality now but it started in the Army and the personal costs were too much to cope with. such as divorce, loss of jobs and social pariah status.
Was medically discharged in 2001 struggled with all aspects of life relationships, jobs and friends. I turned to alcohol. In 2015 VA rep helped me file for disability after being told by a therapist I had PTSD. So for 15 years I tried to be like everyone else And failed. I didn’t even know I was sick. I felt like a failure. In 2020 I finally was granted my disability. What about the 15years I suffered I lost loved ones and friends my children my home cars. Burnt every bridge when it came to work. I will never get any of that back. The VA failed me.
Robert L Cook says
I had many problems because of my PTST after I got out,(from Nam). We were not liked and called baby killers and were not given veterans preference on jobs and other things.When I did file in 2009. I was rejected because I didn’t know how to fill out the papers. Finally got help and was approved 1 1/2 years ago. Could not get back pay from discharge or 2009.
Steve Hages says
When I was assigned to NATO, during the first Golf War I was asked to volunteer for an assignment/job during Dessert Shield. The job was need to know. I was informed no one in my official chain of command had the need to know. People died during mission. I started medication in 1991 for depression. I had a breakdown in 2016. At this time was the first time I told anyone, VA Mental Health. Since the pendemic the things are bad.
thomas vincent lemieux jr. says
same here got out in 74 have med reports from then should have been seen by the med board but never had one. they me gave non service connected from 2000-2017 then up graded to service connected its should go all the way back they knew i had something going on but just never addressed it
I have the same problem. When I was discharged in 2005 I was told that my sinusitis would not be consider “service related” so there was no request filed. Now I find out that for Gulf War Vets it is considered related. Last fall I filed a claim and am still waiting on a decision but as it stands now the pay will only be back to when I filed the claim although I have suffered for years with it.
William Henry Cummings says
I was turned down when I got out of the Army when I went to the Va. in 1972 for any help on my disability and asked on other times they also turned me down until I went to a DAV and talked to a DAV Rep. 0n April 2015.
thomas vincent lemieux jr. says
i also went to a rep two in fact most have no idea what to do i ended up filing my own claim in 17 went thru without even a hiccup 100 percent service connected. which is not how it goes. makes one think the navy knew and so did VA they dump me out when i was still receiving medical care from the navy it should have continued with VA after discharge and then a permanent rating given
harold F denton says
Enterd service 1962, Had as pretty severe lproblem in 1964,. It appears I had a heat stroke, and stoped sweating on my left side. As time went on I quit sweating on b oth sides, and couldn’t stay outside, ;couldn’tbear the heat after about 1/2 hour,. Around 2011 file a claim, and after 9 years of appealinfg finally got 40%.. 10% hearing, 30% androssesCan’t do much of anything during summer,,, in winter can stay oudtside a little longe. i’m still ;on apeal ..
Matthew McDonough says
Yes, they forced me out of the military,because of PTSD.I nerver tried to file because I didn”t know I could.And they never told us back in the day,that we had two yers to use the health benefits from the VA,if we had problems.
Alan Belflower says
I applied for for PTSD in 97, 2011 and 2017. Finally got it Sept 2022. They back paid me 7 months. How can this be right?
Jerry Roberg says
I feel the exact same way. I was discharged on a general under honorable us paratrooper, after joining my 1st week at Bragg I was attacked by a soldier in the cherry barracks doing guard duty dude had a Bowie knife well needless to say traumatic, started smoking weed in 1977 got put in ccf 30 da s got injured and put in the hospital at Bragg. Never was issued any help I was 17 when I joined in nov.78 I had issues. Fighting dependent on calming my nerves. I became an animal. They let me go. In the meantime blow out ankle two knees and the knife attack the 105s blowing up in my ears I’m deaf now. Never filed a thing didn’t know I could. Crazy maybe some one could give me some advice . 1978 to 2022 would be big.
RAYMOND G LAPLANTE says
I tend to agree with the above comments. My story is that always had problems associating with others and do things with others. In otherwords develop a friendship. I went thru 2 marriages that ended in divorce. 1st marriage lasted 16 yrs. and when she decide to leave me, her statement was ” I can either handle you or where we live, but not both.” Second wife lasted less than 2 years and pretty much made the same claim. My work was pretty much the same, and fortunate enough to stay with the company for a long time. After my second marriage I attended therapy sessions from the early ’90s to 2016. I tried enough head doctors and group meetings but none seem to have an answer looking for. Several had asked that I not come back because I “scared the hell out of them”.
Jerry Larsen says
I found that the VA used people who were not Doctors to sign as Doctors denying me benefits. I request a FOi to get more data on this fraud, but they refuse to give it to me.. The VA works against the veterans and not for them!.
James Ford says
I have many problems because of agent orange and I have written to my congressman and President Trump because with problems from agent orange I should go back to my day of discharge from the army. Back then, in 1967, there was nothing from the VA saying they were there to help anyone. I found out in 2002 from men I served with. They told me to go to the VA and get tested for PTSD and complete a physical. The VA does not want to turn lose of government money. They are paid to keep turning you down and pushing buttons to increase the problems you already have. If you have PTSD, they do their best to make it worse for you without giving you a disability rating. In 2005 they sent me paperwork stating I was a door gunner in Vietnam. A couple years later they told me I had to prove I was in Vietnam. Then they locked me up for extortion. Two months later they awarded me my 100% disability. All my savings and 4 years going to court because they would not drop the extortion charge.They say a lot of my problems are from agent orange. If that is the case, I didn’t get it when I filed my paperwork. I had it the day I left the military.
Norman cross says
I was in bam in 65 on a tin can and come back and went back indecof65and came back in dec of66 I was on a patrol boat. Didn’t know I could file clams got out on 68 52 yrs after I get out i file clams got60%and still wait after 2yrs on some and one or on the others
Jack ward says
When I left Nam in 1969 went to the va and was told as Nam vet to leave and never come back. In 1992 I developed non Hodgkin lymphoma cancer in the lymph nodes applied through the dav and got a 50% rating 3 whole months back pay and 2019 after 4 months in the hospital they gave me a 100%. Have a son born with a blood disorder that I know is agent Orange related but he gets no consideration. I firmly believe we should have been paid from time of discharge.
Paul Mozdzanowski says
I would like to know how many veterans were told that their records were burned in a fire in St Louis? All I know is that I was not responsible for keeping my records safe but I was the one that had to suffer over 30 years before they were found so that I could start the long process of opening claims. This resulted in a 100% disability.
I sincerely hope the Supreme Court is aware of all these injustices when making their decision. I would not have changed a thing during my service years, I have no regrets I would just like to see America take care of its Veterans when they come home.
Doug ketzenberg says
I was told the same thing. But I still have my original dd214., horn able discharge papers and original paper where I finished my fed at Fort Knox.. lost a lot of my hearing from working in the motor pool. They’d fire the tank cannon off in the lot.
Was never issued any type of hearing protection..
William Brabant says
I had polycystic kidneys going into the service. It has been noted that my kidney function while in the service had worsened. I didn’t file when I got out because I didn’t realize the status of my kidney function. I had to have a kidney transplant.
Paul V Wade SR says
It Took Me 12 Years To Get My Disaebility Pay !!!Was In The VETNAM WAR FROM MARCH 1968 To AUGUST 1969 !!! I Got Agegent Orange When I Was There GOD BLESS US ALL !!!!!!!!!!!!!!!
Cynthia Arellano says
My husband was in the Navy during Vietnam and reserve for over 25 years he – applied for disability over 10 years ago. Denied because they couldn’t locate his medical records.he was so frustrated he didn’t want to go thru the denial again. He had kidney cancer – diabetes-back issues and has PTSD. Locks and unlocks doors. He applied again because he received a letter from government that his ship had been added to the Agent Orange exposure. Hmm how funny how did they know if they couldn’t find his records. So we shall see how this turns out. He’s gad 4 Appts everyone of them has been rescheduled. Tomorrow is another appointment we shall see if this materializes. God speed for all those still waiting for Approval.
Christine Aquino says
When my husband and I first went to the VA office in Aliquippa, PA to apply for benefits, we were told by the woman in the office that she was new. She called another office and asked how to start an application. We were told to gather all his medical records and all of our receipts and return. After collecting a box full of paper I returned to the office. An older woman was there who said, “Get all your stuff out of here. We can’t do anything for you.” My husband was put off by this and refused to go back, Years later we saw an ad in a magazine and called the given number. That man guided us thru the process and my husband went for his physical. By this time, his heart qualified for 100% and he had other issues which would have qualified at 30%. He died about a year later, having been disabled for about 7 years. His first heart attack was in 92 and his second in 2004. He died in 2011.
Akua Hodges says
I enlisted at 17 I have exhausted all
Avenues and continue to fight for my benifits. My entire record is lost and the VA denies my claims because they can’t locate my records.. Prior to my enlistment. My father served both army and Air Force. I’ve had treatment in the military facilities as a child . Im beyond frustrated. I shouldn’t have to hire an attorney after several congressional offices and the White House have failed. Still waiting since 2013.
Larry Jerome Hargrove says
What do I do now? I was diagnosed with PTSD in 1997. I was discharged in 1995. For 30%. In 2019 I was diagnosed with PTSD and other health issues that now put me at 100%. That should have been 100% in 1995 not 2020. What do I do next to get back pay that I am entitled too.
James Garry Sanford says
I served in the Navy from 1972 to 1992 retired at 20 years. Wanted to do 30 years but was forced to retire when my shore duty was cut short after just nearing the end of my third year of a five year shore tour. The Navy wanted to send me to the USS Kennedy on the East Coast. I had two baby boys in diapers and was about to become a single father with custody so I put in my retirement papers. During my physical I was told I had a l/R hernia. The Doctor told me I had to have surgery or he could not pass me on my physical and I would not be able to retire. So I got the double Hernia surgery. Have had three other hernia surgeries. and I have a double hernia since 2009. Have been offered surgery on them but will only do one at a time and will have to be done by cutting me below like my first surgery. Was getting 30% for my hernias and 10% for acid reflux that I had since 1976 in Japan. Took tagament and Zantac Till I retired from the Navy then the VA put me on my current meds. Six weeks after I retired from the Navy I blacked out on my front porch and went to Red River Army Base Clinic the Doctor there said I had Hypertension and put me on medication I still take till this very day. I had open heart surgery with a triple bye-pass in November of 2015. The VA told me there were no records of me every having treatment for high blood pressure or Hypertension at Red River Army Base Clinic. I went to the clinic and they told me all records not active duty after 10 years were disposed of . Also had frostbite on my right big toe in 1973 while serving in Antartica in Operation Deep Freeze. But again I have no records of ever having frostbit on my toe. But a first class and a chief corpsman both told me I woild lose my big toenail and in about 5 days it fell off. I have had problems with it all through my Naval career. Have had a couple of time they gave me shots in my big toe and remove the growth on top of it. Then they would put a cast on my foot for a couple of weeks. But the VA tells me there are no records of me ever having frostbite. I started receiving VA compensation 0f 40% in June of 2016 wave out of my retirement pay. In 2017 they raised my rating to 10% for my hearing, 10% for acid reflux, and 30% for my hernias. All this was calculated down to 43% waved from my retirement pay. Then in 2019 they took all but my 10% for the noise and ringing in my ears.. So after years of trying to get the VA to help me I decided to give up. I was just wasting my time till I was talked in to trying again . I have been in 3 aircraft in the Navy that one had a jado bottle blow off the wing on takeoff. another brook off a nose ski on landing. And the last was a C-2 landing gear messed up after catapulting off USS RANGER CV61. We were not notified till we were ready to land at North Island on an emergency runway. We had to take our floatable seats out and put them in our laps and put our heads down before making an emergency landing with no landing gear. The pilot made a great landing. And we were all gland to be on the ground safe. But I would not take anything for the 20years I served. But I will still try to get my benefits I believe I deserve,
Phillip j Harris says
I listen to those who have written ,comments about the Gov without calling it what it is I have PTSD I would like for some of those who cancel you and I out from our benefits seek help for this could happen to you.I’am sorry covid didn’t get you.