Posted on May 6, 2023
Can I get a VA disability rating decades after leaving the Army if there aren't many records?
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When I entered the Army I was given a clean bill of health. Is the military policeman, I was involved in a lot of physical activity. None of it was much fun. I was in three of the Cuban Refugee riots in the 1980s alone.
I was stationed stateside at Fort Hood that had the highest crime rate of any military base. Suffice it to say I saw plenty of action. During one of the riots I took a very large piece of asphalt to my knee and my back. I was transported to the ambulance and then to the hospital with my leg in a temporary cast. Specifically my right leg.
I was released and did routine Patrol with a cast on my leg rating traffic tickets. When I went to PCS to Germany Fort Hood Texas pailed in comparison. Every single call that we went on involved drugs and or alcohol and was an all-out fight. I was not a big man. 5-10 and about 180 lb. Some skills from martial arts. I could take care of myself. But this would show the beginning of a lifetime of problems.
It is important to note that when I went to ETS and was having my out processing physical the colonel asked me if I knew that I had scoliosis. I said I'm Italian and I love the food. She said no, it means you have a curved spine. No ma'am, I did not. It would have been a disqualifying medical condition to join the army.
When I got back home I asked my mother and she confirmed that I had scoliosis and went further to say that from the time I learned to walk until about age 2 I wore special shoes with a metal brace between them. Apparently my right foot with toe in and bed at the knee. Coincidentally, this is where I took the asphalt strike. I have endured a lifetime have legging back pain. I've been seen in multiple emergency rooms and had a chiropractor.
In 2007 while I was the caregiver to my dying daughter with cancer I stepped out of bed and immediately fell to the floor. And attempt to get up failed and I had to crawl to the bathroom to get some pain meds that had already been prescribed. For a couple of weeks I couldn't walk but managed to get to an acupuncturist. It took him a month but he got me walking again.
And now I'm homeless. I posted a GoFundMe link but I think it got deleted. Not sure about the policy on it. Nonetheless after losing my daughter I lost my income as her caregiver and her social security. A dishonest lawyer swindled me out of my home through an unlawful eviction seizing a lifetime of property including my baby shoes. Even my army uniform and all of my medals. The Originals of my honorable discharge and letters of commendation. It's all gone.
I've not been examined yet by a VA doctor. I've been cared for since 2007 by a civilian doctor. MRIs, x-rays, and CAT scans clearly show what's going on at this point in life. And now for the question.
What is this going to do to get a disability reading question mark the Army I'm sure is going to conveniently lose record. As it stands my records were apparently at Saint Louis that had a fire and a flood that destroyed paper records. The VA had a difficult time even locating me. I don't even have a copy of my DD-214 anymore. But I'm going to have to sign up and choose a medical doctor that the Army will choose for me. What's next? How should I prepare? I'm in my sixties and in poor health and I don't want to die before I get the benefits that are due to me.
I was stationed stateside at Fort Hood that had the highest crime rate of any military base. Suffice it to say I saw plenty of action. During one of the riots I took a very large piece of asphalt to my knee and my back. I was transported to the ambulance and then to the hospital with my leg in a temporary cast. Specifically my right leg.
I was released and did routine Patrol with a cast on my leg rating traffic tickets. When I went to PCS to Germany Fort Hood Texas pailed in comparison. Every single call that we went on involved drugs and or alcohol and was an all-out fight. I was not a big man. 5-10 and about 180 lb. Some skills from martial arts. I could take care of myself. But this would show the beginning of a lifetime of problems.
It is important to note that when I went to ETS and was having my out processing physical the colonel asked me if I knew that I had scoliosis. I said I'm Italian and I love the food. She said no, it means you have a curved spine. No ma'am, I did not. It would have been a disqualifying medical condition to join the army.
When I got back home I asked my mother and she confirmed that I had scoliosis and went further to say that from the time I learned to walk until about age 2 I wore special shoes with a metal brace between them. Apparently my right foot with toe in and bed at the knee. Coincidentally, this is where I took the asphalt strike. I have endured a lifetime have legging back pain. I've been seen in multiple emergency rooms and had a chiropractor.
In 2007 while I was the caregiver to my dying daughter with cancer I stepped out of bed and immediately fell to the floor. And attempt to get up failed and I had to crawl to the bathroom to get some pain meds that had already been prescribed. For a couple of weeks I couldn't walk but managed to get to an acupuncturist. It took him a month but he got me walking again.
And now I'm homeless. I posted a GoFundMe link but I think it got deleted. Not sure about the policy on it. Nonetheless after losing my daughter I lost my income as her caregiver and her social security. A dishonest lawyer swindled me out of my home through an unlawful eviction seizing a lifetime of property including my baby shoes. Even my army uniform and all of my medals. The Originals of my honorable discharge and letters of commendation. It's all gone.
I've not been examined yet by a VA doctor. I've been cared for since 2007 by a civilian doctor. MRIs, x-rays, and CAT scans clearly show what's going on at this point in life. And now for the question.
What is this going to do to get a disability reading question mark the Army I'm sure is going to conveniently lose record. As it stands my records were apparently at Saint Louis that had a fire and a flood that destroyed paper records. The VA had a difficult time even locating me. I don't even have a copy of my DD-214 anymore. But I'm going to have to sign up and choose a medical doctor that the Army will choose for me. What's next? How should I prepare? I'm in my sixties and in poor health and I don't want to die before I get the benefits that are due to me.
Disability
Disabled Veterans
Department of Veterans Affairs (VA)
Posted >1 y ago
Responses: 4
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4
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Yes, you can apply for a disability rating after being out of the service as long as you can document it back to your time in the service. I wasn't rated until I was out of the service for two decades. Luckily, I did have copies of the last couple military physicals that included an H-3 PUHLES rating and a DA Hearing Waiver (50% rating on hearing, yes my hearing sucked).
The St. Louis Fire was pre-70 Military, my father lost some of his in that fire. Yours should still be available in the National Archives, which Col. Cudworth mentioned already. If you did any National Guard time, you should be able to get that from those state Archives. I've been able to get records and orders from the states I served back to the early 80"s.
Just a heads up, scoliosis is not a disqualifying condition unless it goes over certain limits. There are a lot of service people that serve their whole career with scoliosis. Unless if got worse over your time in the service, that one is probably a no-go.
As has been mentioned already, go to a Veterans Service Organization for help. I used DAV and I have had decent results with them here in Central Kentucky. They know all the rules and a lot of your success or failure is getting all the paperwork correct.
Good luck, Brother.
The St. Louis Fire was pre-70 Military, my father lost some of his in that fire. Yours should still be available in the National Archives, which Col. Cudworth mentioned already. If you did any National Guard time, you should be able to get that from those state Archives. I've been able to get records and orders from the states I served back to the early 80"s.
Just a heads up, scoliosis is not a disqualifying condition unless it goes over certain limits. There are a lot of service people that serve their whole career with scoliosis. Unless if got worse over your time in the service, that one is probably a no-go.
As has been mentioned already, go to a Veterans Service Organization for help. I used DAV and I have had decent results with them here in Central Kentucky. They know all the rules and a lot of your success or failure is getting all the paperwork correct.
Good luck, Brother.
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Your first call should be your free county veterans service officer (VSO). They are well informed & trained and accredited by the VA.
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SSG Robert Ricci, I'm sorry for everything your going through and want to let you know there are services that can help.
First, understand that the VA is not DoD. They are absolutely related, but you aren't working with the Army to submit your disability claim, you're working with the Veterans Administration. They will take your military records, health records (in and out of the military) and additional evidence you provide to make your claim.
If you're not doing so already, contact on of your local Veteran Service Organizations* (VSOs) to help with your claim. Representatives from the VSO organizations are required to go though training by the VA in order to help vets with their claim, so I highly recommend you reach out to one of these instead of going to an unaccredited source (plus there is no cost to you for them to help you).
Second, I would reach out to your state's Office of Veterans Affairs - just search on those words plus the state you live in (i.e., "office of veterans affairs California") and you should get the information to their page. You can contact them and they will be able to help with many programs that the state offers as well as federal programs you may be eligible for.
For your records, you mentioned the St. Louis fire. That shouldn't have affected you - you stated you were in your '60s', but the records destroyed were for people that were discharged from the Army between 1912 and 1960. Working backwards from your age, that means you entered the Service in the late-70s/early 80s.
In order to get a copy of your military records, there are a few things you can do. First, go to the National Archives* and submit a request for them to provide you with any records that do exist. Second, ask for assistance in getting a copy of your DD214 from either the VSO you work with or the state's Office of Veterans Affairs. Let them know you've done a National Archives request though so they don't duplicate the work.
Specific to a claim, you have two things that you will have to show - that you have an illness or injury and that any condition you have was caused from a connection to your military service. If you had an existing condition prior to your military service, then you'll have to show how your military service aggravated it or made it worse.
The VA will also take into consideration "supplemental records" that could prove your claim if the evidence is lacking in your military/medical records. Go to the VA's page on reconstructing military records* and look under "Gather or request other records or documents" to get an idea. Work with your VSO claims representative to make sure you include whatever evidence you have to show a service connection.
Good luck.
-----------------------------------------
* VA recognized VSOs - https://www.va.gov/ogc/recognizedvsos.asp
* National Archives Records Request - https://vetrecs.archives.gov/VeteranRequest/home.html#BasicInformation
* VA - Reconstructing Records - https://www.va.gov/records/get-military-service-records/reconstruct-records/
First, understand that the VA is not DoD. They are absolutely related, but you aren't working with the Army to submit your disability claim, you're working with the Veterans Administration. They will take your military records, health records (in and out of the military) and additional evidence you provide to make your claim.
If you're not doing so already, contact on of your local Veteran Service Organizations* (VSOs) to help with your claim. Representatives from the VSO organizations are required to go though training by the VA in order to help vets with their claim, so I highly recommend you reach out to one of these instead of going to an unaccredited source (plus there is no cost to you for them to help you).
Second, I would reach out to your state's Office of Veterans Affairs - just search on those words plus the state you live in (i.e., "office of veterans affairs California") and you should get the information to their page. You can contact them and they will be able to help with many programs that the state offers as well as federal programs you may be eligible for.
For your records, you mentioned the St. Louis fire. That shouldn't have affected you - you stated you were in your '60s', but the records destroyed were for people that were discharged from the Army between 1912 and 1960. Working backwards from your age, that means you entered the Service in the late-70s/early 80s.
In order to get a copy of your military records, there are a few things you can do. First, go to the National Archives* and submit a request for them to provide you with any records that do exist. Second, ask for assistance in getting a copy of your DD214 from either the VSO you work with or the state's Office of Veterans Affairs. Let them know you've done a National Archives request though so they don't duplicate the work.
Specific to a claim, you have two things that you will have to show - that you have an illness or injury and that any condition you have was caused from a connection to your military service. If you had an existing condition prior to your military service, then you'll have to show how your military service aggravated it or made it worse.
The VA will also take into consideration "supplemental records" that could prove your claim if the evidence is lacking in your military/medical records. Go to the VA's page on reconstructing military records* and look under "Gather or request other records or documents" to get an idea. Work with your VSO claims representative to make sure you include whatever evidence you have to show a service connection.
Good luck.
-----------------------------------------
* VA recognized VSOs - https://www.va.gov/ogc/recognizedvsos.asp
* National Archives Records Request - https://vetrecs.archives.gov/VeteranRequest/home.html#BasicInformation
* VA - Reconstructing Records - https://www.va.gov/records/get-military-service-records/reconstruct-records/
Apply for and manage the VA benefits and services you’ve earned as a Veteran, Servicemember, or family member—like health care, disability, education, and more.
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SPC Gary C.
State Departments of Veterans Affairs Office Locations - U.S. Department of Veterans Affairs
For more information onState Departments of Veterans Affairs, visit the National Association of State Directors of Veterans Affairs (NASDVA) website. The
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