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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 34510
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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My husband enlisted in the army in 1958 until 1965.Two days

Customer Question

My husband enlisted in the army in 1958 until 1965.Two days prior to his enlisting,during the initial physical,the physical was stopped and he was told to go home and rest and do nothing for two days,and then return to enlist.At the time he was 18.
This he did,where his medical records that I have showed his enlisting blood pressure to read 120/80.One month before discharge,when his last physical was done his records show that his blood pressure reads 142/90,he was never told he had Hypertension on this mentioned physical.
In 1998,I noticed that he was forgetting things.I being in the medical field was able to get him to see a neurologist ASAP(for he was due to go work out of town for 2 years).The CT scan that was done showed he had an old lacunar infarct in the right caudate region.
In 2001 when he happened to be home,I picked up that he was having the symptoms of a stroke.Two days later we were told that this was his 4th stroke,the 2nd and third either were misdiagnosed while working out of town or not diagnosed.When he would see his doctor when at home,his blood pressure always read in the high 140/over 90's where he was always told it was probably "the white coat syndrome.
Following his 4th stroke he no longer could go back to work,his mental capacity poor,where I was appointed trustee and guardian.
Since this 2001 stroke,he had a 5th massive stroke in 2008-had stopped taking his medications for high blood pressure and Plavix,unbeknown to myself.In 2012,he was assessed by the OSI clinic,assessed by the Veteran's psychiatrist and confirmed that for the past 49 years my husband had all the classic signs of chronic post traumati stress disorder,due to two horrific events he and his unit members were involved in.This assessment took place in March 2012,by October 2012,and urgent,emergency admission to a long term center for I had found a cache of over 200 Coumadin hidden in his coat pocket,many times I would find them in the most unexpected places.When I found these I immediately knew,and felt that this cache (which he knew this medication was very dangerous if taken all at once)would be another suicide attempt.
In 2013,while in this long term center,still not taken his medications properly,hoarding them,making pretend he would take them in front of the staff or simply drop them on the floor,once again he had a six stroke.
He now can no longer tell you what day it is,what season we are in,where he is at,just takes wild guesses,along with hallicunations,recounting to you that he can leave the building and go for a walk,or go for coffee,when he has been on secure floor in the first long term center,eventually transferred to the Veteran's long term center.
How can I prove that this old lacunar infarct in the right caudate region possibly happened during one of the two horrific events where of course his blood pressure would of truly risen during these events,could this been what they call a silent stroke,where he would of not had any symptoms,he also mentioned that many times while standing on guard for many hours,where he would feel like he was going to faith or even vomit,and being light headed.
Is there any way this old infarct did indeed happen during his military career,and how could I prove it(for he is unable to fight for himself with all these PTSD claims)therefore I am doing my best to fight for him)for I truly feel this did indeed happen during his military career.
I would certainly need in letter form a neurologist's letter to confirm that this could be a possibility,given the benefit of doubt.
So far he has only been granted one fight for his PTSD,where I have re appealed also to confirm this infarct as new piece of evidence would certainly help this case.
Submitted: 2 years ago.
Category: Military Law
Expert:  P. Simmons replied 2 years ago.
Hi, My name is Philip. I am an attorney with over 16 years experience. Hopefully I can help you with your legal question.
Ma'am I am truly sorry for this dilemma. The way these cases are won at the VA is with medical evidence. Tell me, do you have a doctor who can state that it is likely this was caused by his military service?
Customer: replied 2 years ago.
No I do not have a doctor that can state this happened while he was in the military.I have a lot of answers from google,stating that it is not uncommon for Soldiers can and will suffer strokes and heart attacks without realizing it.These printed documentions that I found on Google is all I have to try to make this case.
Expert:  P. Simmons replied 2 years ago.
Thank you
You can certainly file with the information you have. However, the veterans administration will require medical evidence to prove such a claim. You will need evidence, ideally from a medical doctor, that states this injury happened because of his service.
If you can find a Doctor willing state that this condition was more likely than not caused by his service? Then you have a good claim.
If you cannot find a doctor willing to make this connection? The VA will deny the claim.
This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that there was some lower standard, but I can only provide you information based on the law so that you can act on the best available information to you...I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!If you cannot find a doctor willing to make this connection, or at least medical studies that demonstrate a link between your husband condition and his service
Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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