|
To whom it may Concern: All I am trying to accomplish at this time is introduce myself to you, who have never met me before I need help! My name is Hugh C. Rowland, I joined the Army in November 1964, I was sent to Viet Nam in August 1966 to August 1967. During my time with the 2nd of the 32nd 175 mm and 8 inch mm Field Artillery mobile Battalion. I was in combat most of the time, I was wounded three times, one of those times was friendly fire, and the other two times was by the enemy. I was subjected to rocket, mortar, and small arms fire, 24/7, I lived in this type of environment for a year. A year of not knowing every time I eat a meal if I would be here for the next one. I saw things done to people that no woman or man should ever have to endure in their lifetime. It was a two way street, the Vietnamese would do it to us and then we would do it to them or worst. I told two of the Doctors at the Veterans Hospital some of what was bothering me and when I saw their reaction I did not tell them any more about the things that happened in Viet Nam. I could see the disbelief on their face because of what I said. I thought that I said enough to get the help that I sought. The Doctors that I saw had never been in war so when they were told something that they have not been told before they took it as unbelievable. That is just what they put in their report (I was unbelievable). Between that and a few years earlier the RO disqualifying all but the two Doctors that thought my stressors were unbelievable, the RO said all my problems are preexisting to my Military Service, my claim for PTSD was denied. I joined the Military at 17 & 1/2 years of age I had a great child hood I lived on a ranch and had a good life. I will stop here, there is a lot more, if you take my case and represent me in Washington you will read about what I left out here. Unless I find someone that can see the mistakes the Doctors and the RO made in disqualifying the other Doctors and Counselors that the VA told me to get a diagnoses from, and disqualifying the VA Counselor and the Vet Center Counselor that the VA told me to see I will surely loose my case. Mr. Sean Kendall the lawyer that helped me told me to ask Terry Tippery the following questions. Mr. Sean Kendall My Attorney at the time. Mr. Kendall advised me to seek another opinion and look at other counsel before I decide what to do. 10-14-06 Mr. Terry Tippery helped with the answers to the following questions, this is where I stand with the VA as of 10-14-06. My records were corrected around 05-10-05 but no one brought my C-File up to date. A few days ago the middle of November 06 I took a bill for my Meds to the VA hospital because it was too high. The business office told me I was 0% rated, I told her that I have a Purple Heart and she said that it doesn't show in my records. I had to go home and get my corrected records and take them back to her. She then adjusted my bill from the VA hospital. I have never had an Evaluation by the VA where my corrected records have been used. If I talk with someone that I have not seen before, I have to take my corrected records with me. When I show my corrected records to that person, I'm asked why the new records are not in my file, especially when I tell that person how long ago my records have been corrected.
Sean (1) Please describe the current condition of all disabilities which you are currently claiming are service-connected. In other words, how bad is each of your disabilities at the present time?
(Terry & Hugh) I'm claiming, (1) Hearing, Low range gone, over all 50% hearing loss (not in medical records) VA claims Pre-existing. (2) Lower back and left hip is real bad due to two separate mortar attacks, first wound, left knee in April 10 1967, I have a Purple Heart for the first wound. Second wound, right lower leg around the end of June beginning of July 1967. I did not report this wound because I was close to going home, and I did not want to go to the hospital and be held over, a medic helped me take care of it. These 2 wounds messed up my back when I was blown off my feet, a Doctor in Oakland Calif. made note of the second wound when I was discharged, but the VA claims Pre-existing. (3) Kidney Stones brought on from dehydration in Viet Nam, my private Doctor, Dr. Avery Seifert, has wrote a letter to the VA about my kidney stones. He stated that the type of stones I have is brought on by dehydration, (not in medical records) VA claims Pre-existing. The VA tells me I do not have PTSD, that I have anxiety instead. You will see below that going by the Mississippi Evaluation, I do have PTSD. I walk with a cane and I am in pain 24/7 do to injuries I received in Viet Nam.
Sean (2) What stage is your case at? You said it is awaiting an appeal to the Board of Veterans' Appeals (BVA). What was the latest paperwork you received from the VA and what deadlines/instructions did it give you? Did you request, and have you had, a hearing before a Board of Veterans' Appeals judge yet?
(Terry & Hugh) The VA is advancing my appeal to the BVA for their decision. This notice is dated 09-21-06. PTSD Appeal appears to be running and active per 10-13-06. At the time the VA made their first decision on my case, my Purple Heart was not considered.
Sean (3) I understand you were wounded in Vietnam. What specific reason (or reasons), medical or otherwise, is the VA giving for saying your disabilities are not connected to being wounded in Vietnam? Or for other psychological harm (post-traumatic stress disorder)?
(Terry & Hugh) The only reason the VA gave me was, VA claims Pre-existing, there is no documentation to back the VA's claims of Pre-existing. Also the VA did not consider my Purple Heart at that time.
Sean (4) I understand you have already told me the VA is saying the disabilities were pre-service, but my question is what medical evidence is the VA pointing to in order to support its decision?
(Terry & Hugh) NONE, There is no evidence that the VA is using to support the VA claim of Pre-existing!
(5) Did the VA ever tell you what additional evidence it believed you would need to provide in order to win your claims? If so, what did it say?
(Terry & Hugh) The VA has told me nothing, the VA has not asked for any additional evidence, the VA says everything is Pre-existing. I don't think the VA is considering my Purple Heart when making any of their decisions.
Sean (6) What is Terry's assessment of your case right now, and what VA errors does he believe we can exploit? What additional evidence does Terry think would help your case (in light of the VA's decisions so far)?
(Terry & Hugh) Hugh's current Mississippi PTSD score is 117 I think Terry told me the cut off is 37, Hugh meets the criteria for diagnosis of PTSD as of 10-13-06.
Sincerely, Hugh C. Rowland 2319 S. Atlantic St. Boise ID 83705 1-208-573-7952 E-mail: hugh@vets-helping-vets.com Web: www.vets-helping-vets.com Case # C 23 766 319
|