Question:
Hi Jim;
First of all, Thank you for your Service! My Father, who is also an Army Veteran (1961-1968, Active Duty and then Reserve Duty) was stationed in the United States initially and then overseas for several months in and around Christmas Island during the Atomic Testing. According to Army Records, he was sent back to the United States literally just a few days before the beginning of Operation Dominic.
He is now in his early 80's, lives with me and has had a great deal of serious health issues, especially over the last several years-ranging from Colon Cancer to Diabetes to a Cerebral Shunt to Neuropathy that is now so severe that he can barely walk (and many more other health issues). The VA here in San Diego has always been wonderful and I am thankful for everything that the VA has done for my Father. My question relates to a Claim that I filed on his Behalf for Aid and Attendance that has been denied. The reason noted for the Denial was: "No Wartime Service" and referenced that the period from February 28, 1961 to August 4, 1964 requires service inside the the borders of Vietnam.
Is there away to Appeal this Decision with assistance from a VA approved Attorney? I did seek out and receive help and assistance from a well meaning VA Advocate when initially filing this claim however, he did not seem to provide as much advice and assistance as I think I may have needed.
I realize that I can try to appeal this decision on my own however, I do not feel that I am qualified enough to pursue this matter successfully any further without qualified, Veteran legal assistance. I am doing everything I can to keep my Father in my home for as long as possible but it is proving to be very difficult because I have no outside help or aid and I am still working full time to continue to support both my Dad and myself.
Any information would be very much appreciated!
Jim's Reply:
Veterans Law Attorneys will be happy to talk with you about the potential for an appeal and they won't charge you to assess the potential of an appeal. if the attorney were to accept the case and represent your dad there wouldn't be any fee unless and until the appeal was won. Then about 20% of any retroactive money would be the attorney's fee. If the were denied the lawyer wouldn't be owed any money. You can find a number of attorneys who are associated with my VAWatchdog blog and speak to any or all of them at no cost.