He finally got his head examined
May 24, 2011 4:45 AM Subscribe
What's the magic word to get long-term depression and Parkinson's Disease accepted as Service Related for the purpose of securing a Veterans Administration pension for an 80-plus-year-old Korea Conflict veteran?
I'm working to help my dad try to get a pension from the VA, a process we started last spring. Now it looks as though they're about ready to consider his app, but they want the dreaded "more information." Here's what we're arguing:
Dad was a tank operator in the Korea conflict. As the tank operator he was subject to the blasts of the tank being shot at, and the shells his tank fired. His tank was impacted nearly enough by an enemy shell at least once to be out of commission for days or weeks for repair. He himself was burned and concussed. Although his CO requested a Purple Heart for him, it was denied. Furthermore, as the driver of a flamethrower tank, he and his crew did and saw some awful things that have permanently affected him.
This was, obviously, like 60 years ago. My sister and I are 50 and 40 respectively, and my dad has been hearing impaired, depressed and moody all our lives, and prone to shaking and balance issues. He only sought treatment for the depression and balance issues in the last 5-10 years, and only received the Parkinson's diagnosis (from a civilian MD) this year.
Those of you in the know, what do I put on the "more information" sheet to make it clear to the VA that we reasonably contend Dad's depression and Parkinson's is a result of his being concussed inside a tank, as well as PTSD?
I'm working to help my dad try to get a pension from the VA, a process we started last spring. Now it looks as though they're about ready to consider his app, but they want the dreaded "more information." Here's what we're arguing:
Dad was a tank operator in the Korea conflict. As the tank operator he was subject to the blasts of the tank being shot at, and the shells his tank fired. His tank was impacted nearly enough by an enemy shell at least once to be out of commission for days or weeks for repair. He himself was burned and concussed. Although his CO requested a Purple Heart for him, it was denied. Furthermore, as the driver of a flamethrower tank, he and his crew did and saw some awful things that have permanently affected him.
This was, obviously, like 60 years ago. My sister and I are 50 and 40 respectively, and my dad has been hearing impaired, depressed and moody all our lives, and prone to shaking and balance issues. He only sought treatment for the depression and balance issues in the last 5-10 years, and only received the Parkinson's diagnosis (from a civilian MD) this year.
Those of you in the know, what do I put on the "more information" sheet to make it clear to the VA that we reasonably contend Dad's depression and Parkinson's is a result of his being concussed inside a tank, as well as PTSD?
Not to throw cold water on your case. But my brother was a flame thrower operator during WWII. He eventually suffered from Parkinsons. He was never able to convince the VA that it was service related. There main argument was that many non-veterans get parkinsons and therefore it was not service related. Good luck. It can be quite an experience dealing with VA doctors and their system.
posted by JayRwv at 5:23 AM on May 24, 2011
posted by JayRwv at 5:23 AM on May 24, 2011
You're asking for legal advice. That means you need a lawyer, not AskMe, unfortunately.
But I can tell you that you're going to need more than yours and your sister's say-so to get the VA to believe that you dad's symptoms are connected to his wartime service. Your dad is north of 80. If someone's going to get Parkinson's, 80 is a pretty likely time for that to happen. You're going to need medical records showing a history of depression going back decades and which connect the Parkinson's to some earlier trauma. A concussion sixty years ago isn't the most obvious candidate, and even if it were, most Parkinson's is idiopathic anyway.
I hate to say it, but this is going to be an uphill battle, and from the facts you've given here, I wouldn't be all that excited about taking this case unless you were paying me by the hour.
posted by valkyryn at 5:32 AM on May 24, 2011
But I can tell you that you're going to need more than yours and your sister's say-so to get the VA to believe that you dad's symptoms are connected to his wartime service. Your dad is north of 80. If someone's going to get Parkinson's, 80 is a pretty likely time for that to happen. You're going to need medical records showing a history of depression going back decades and which connect the Parkinson's to some earlier trauma. A concussion sixty years ago isn't the most obvious candidate, and even if it were, most Parkinson's is idiopathic anyway.
I hate to say it, but this is going to be an uphill battle, and from the facts you've given here, I wouldn't be all that excited about taking this case unless you were paying me by the hour.
posted by valkyryn at 5:32 AM on May 24, 2011
MeMail me. I can connect you with low-cost or free legal help.
I am a lawyer, I am not your lawyer.
Does he have PTSD?
posted by Ironmouth at 5:37 AM on May 24, 2011
I am a lawyer, I am not your lawyer.
Does he have PTSD?
posted by Ironmouth at 5:37 AM on May 24, 2011
I spent a lot of time working at the VA early in my career. One thing the veterans who knew the system would do to expedite things is write their congressmen and senators. It is not foolproof, but a call from a politician's office often does wonders to motivate a recalcitrant bureaucracy. The advice to get legal assistance is good as well.
posted by TedW at 5:53 AM on May 24, 2011
posted by TedW at 5:53 AM on May 24, 2011
The Disabled American Veterans provides assistance to those who are applying for service connection. They can help with walking you through the process, assist with completing paperwork and in some cases act as advocates.
posted by goggie at 6:14 AM on May 24, 2011 [2 favorites]
posted by goggie at 6:14 AM on May 24, 2011 [2 favorites]
(No suggestions, but I am pleased as punch to see people with expertise & ideas contacting the OP. These older vets deserve everything we can give them. Go, MetaFilter, go!)
posted by wenestvedt at 9:49 AM on May 24, 2011
posted by wenestvedt at 9:49 AM on May 24, 2011
Response by poster: First off, thanks all for your kind, concise and compassionate responses. I regret I have not been active in this thread, but I am a teacher with a ludicrous commute, so I can't hit this site during the work (or driving) day.
Ironmouth and Orinda - thanks for your very specific offers of assistance! I'll be putting together a plan of action this evening for my Dad and sister, so your information is very helpful.
Orthogonality, I see your point. I hope it does not come to that. Ultimately, it'll be Dad's decision of how much time/money/emotional pain he wants to commit to getting a pension. It may be the cure is worse than the disease.
JayRwv (are you the senior senator from the great state of West Virginia?) and valkyryn, I see your point. However, with a flurry of new information about traumatic brain injuries (and how slight those injuries can be, and still cause decades worth of cascading damage (courtesy of the NFL and the Gulf I & II/Afghanistan wars)), and even though the gov't is slow to adopt new information, I am still hoping.
TedW, your advice is nearly miraculous. My parents were always politically active and I'm sure my dad still has an ongoing pile of cancelled checks. We will see who might be good to write to.
wenestvedt, you're right. Go MetaFilter!
posted by toodleydoodley at 3:25 PM on May 24, 2011
Ironmouth and Orinda - thanks for your very specific offers of assistance! I'll be putting together a plan of action this evening for my Dad and sister, so your information is very helpful.
Orthogonality, I see your point. I hope it does not come to that. Ultimately, it'll be Dad's decision of how much time/money/emotional pain he wants to commit to getting a pension. It may be the cure is worse than the disease.
JayRwv (are you the senior senator from the great state of West Virginia?) and valkyryn, I see your point. However, with a flurry of new information about traumatic brain injuries (and how slight those injuries can be, and still cause decades worth of cascading damage (courtesy of the NFL and the Gulf I & II/Afghanistan wars)), and even though the gov't is slow to adopt new information, I am still hoping.
TedW, your advice is nearly miraculous. My parents were always politically active and I'm sure my dad still has an ongoing pile of cancelled checks. We will see who might be good to write to.
wenestvedt, you're right. Go MetaFilter!
posted by toodleydoodley at 3:25 PM on May 24, 2011
Response by poster: TedW, was there a particular narrative format people followed when they (the veterans) wrote to their congresscritters for help? I can't believe I didn't think of that, but of course that's what those guys do a lot of, because it's cheap and looks good.
anyway, I'll be writing the letters for my dad, to Ohio gov. John Kasich and Speaker Boehner - I certainly hope it helps that Dad's a fervent Republican and donated to both these guys' campaigns.
any suggestions you could offer re: format/what to write would be helpful.
the young rope-rider, thanks for your suggestion. We're doing our best to run that angle down.
also, valkyryn, it looks like my dad was treated for depression as long ago as the early 1970s, although those doctors (civilian) have long since retired, so I'm sure no records. Plus being the time and culture, it probably would have been coded as "exhaustion" or "stress".
posted by toodleydoodley at 6:51 PM on May 24, 2011
anyway, I'll be writing the letters for my dad, to Ohio gov. John Kasich and Speaker Boehner - I certainly hope it helps that Dad's a fervent Republican and donated to both these guys' campaigns.
any suggestions you could offer re: format/what to write would be helpful.
the young rope-rider, thanks for your suggestion. We're doing our best to run that angle down.
also, valkyryn, it looks like my dad was treated for depression as long ago as the early 1970s, although those doctors (civilian) have long since retired, so I'm sure no records. Plus being the time and culture, it probably would have been coded as "exhaustion" or "stress".
posted by toodleydoodley at 6:51 PM on May 24, 2011
This thread is closed to new comments.
Unfortunately, this will not be cheap.
posted by orthogonality at 5:21 AM on May 24, 2011 [1 favorite]