Legal Question in Veterans Law in Maryland

Veteran's Denied Benefits

My future father-in-law was in Vietnam. He jumped out of a plane and his parachute did not open. He has had back and spinal problems for the past 10 or so years. because it was never traeted, and because a fire burnt paperwork of VA vets, he is not getting disbaility for it. He gets partial disbaility for shrapnel (sp). My fiancee--his son--and I pay their mortgage, plus our own. WHY CAN'T HE GET MONEY FOR IT??? He gets 1000.00 a month to support a wife and 12-yr old, but cannot work. SO we have to pay two mortgages on a teacher's salary so they have a home. How do I go baout this procedure? We have no money


Asked on 2/06/04, 9:48 pm

1 Answer from Attorneys

Gwen D'Souza D'Souza Law Office, LLC

Re: Veteran's Denied Benefits

Your father-in-law can request that his case be reopened. According to the rules of the court, it is not necessary that he pay for legal services. He may contact the Veterans Consortium Pro Bono program for a referral to an attorney in your area.

He does need some support for his claim of service connection for his spinal problem. It would be helpful if he can obtain medical service records, or at least some medical records immediately after discharge. If that is not possible, it would be helpful if he obtained some corraborative evidence, such as affidavits from service people with whom he was in contact immediately, prior, during, and immediately after the parachute jump. He most likely needs a statement by a medical professional, who specializes in back and spinal injury, that more likely than not his back injury is of the type that relates to the type of injury of a person who landed from an airplane without a parachute.

If his case is reopened and there is no initial finding of service connection, he can appeal his case. If his case is appealed even further, I can assist at the Court of Veterans Appeals.

Please note the previous statements are offered for informational purposes only; they are not offered as and do not constitute legal advice. Any reviewer of this information should seek professional counsel. Any application of the information provided is dependent upon specific facts and circumstances of individual situations.

Transmission of information is not intended to create, and its receipt does not constitute an attorney-client relationship. If you would like to discuss an appeal to the Court of Veterans Appeals, please contact me directly so that an attorney-client relationship may be properly established.

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Answered on 2/07/04, 9:50 am


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