"Per Aspera Ad Astra..." 1 of 3
- Aaron X.
- Apr 4, 2024
- 14 min read
Updated: Jan 27
Part 1: Until the day I died...
Correspondence between me and my lawyer from the dates 11.17.2020-12.28.2020:
Initial contact based from a consultation call placed to Alperin Law to establish service-connection and reclaim the monetary loss caused by the negligence on the part of Veteran's Affairs to properly establish and grant service-connection through Certified Unmistakable Error claim backdating to 2015.
From: David Ashe
To: Aaron Henton
Written: 11.17.2020
Subject: Regarding VA Disability Law
Aaron Henton,
It was a pleasure to speak with you about VA Disability. Though I am energized to win our objectives, please accept my condolences for the health problems you face. You applied for claims and were denied for most. The VA cited your unique status as an ROTC student not on active duty. I will enter my appearance to appeal the denials from the Aug 2019 rating decision. I will also help you file new claims for depression and tinnitus.
About Aaron: Aaron is a combat veteran who served in Afghanistan. He served three years enlisted and was motivated to become an officer, ascending to an ROTC program. Tragically, while training at Fort Story in Virginia Beach, he fell and suffered severe injuries to his legs. He was not medically separated but instead processed for administrative separation. Separation was a severe event for him as it signified the end of his ambition of continued service. This exacerbated appropriate mental health issues that resulted from his time deployed in Afghanistan.
--VA Overview: A VA claim is established by 1) medical evidence of the disability and 2) evidence that the disability is connected to military service. There are different pathways to service connection (SC).
--Approach: When you can, please send a copy of the Aug 2019 rating decision. I’d like to attempt to appeal. I’ll also send you a Form 526 for new claims such as mental health. As you contemplate your mental health, keep in mind that our most clear pathway to service connection is to indicate the stress of deployment while on active duty was then exacerbated by the tragic events at Fort Story.
--Team Approach: From time to time, you'll see me mention Larry Stokes. Larry has a remarkable career which adds significant firepower to everything we do on a case. He was a Navy corpsman, then worked for the VA for many years and has specialized in VA disability benefits law for more than 15 years. He and I will work together closely especially as we map out the initial strategy for your case.
Next Steps: There are several forms I need so that I can enter my appearance in the case and obtain access to your file. I'll mail you the forms along with a stamped, address envelope for you to use to return them to me. I am unable to take any action in your case until I receive the forms.
--Form 21-22a - Please complete the form with all information you have. The only place you need to sign is Block 22a
--Form PHI Release – This will allow us to access your medical records.
--Fee Agreement – The agreement will confirm we work only on contingency. When we win, the VA will send us 20% of any backpay. You owe us nothing if we do not win.
--Form 4142a - The purpose of this form is simply to obtain the name, address and phone number of all of your medical providers. When we give a list of providers to the VA on this form, this allows me to compel the VA to subpoena those records.
--Form 526 – This is the form which allows a veteran to file for new claims or for an increase in an existing claim. The best approach is to think about health issues you experienced in service, and also health issues which have resulted secondary to those issues. Example: If you injured your right knee in service, a few years of limping will result in problems for your left knee. Your left knee is now connected as a secondary. Another example: If knee problems are service-connected, this might cause a veteran to exercise less and gain weight. This could then result in sleep apnea, headaches and anxiety which would all be connected as secondary. These are just examples. Take some time to think about the health issues that may be connected to your military service including health issues connected as secondary.
--Regarding Your Separation - Each service has a board of correction of records to address situations where a service member wishes to challenge the circumstances of separation. Sometimes the service member simply wants to challenge the characterization of service. Sometimes, the purpose is to challenge whether the separation should have been administrative or medical. The first step in the process is for the servicemember to provide me a very, very detailed statement about the events surrounding the separation. The more detail the better. Names that you can remember, the dates you can remember, specific conversations and of course, any legal advice or pressure from the military to use administrative separation instead of medical processing. When the statement is ready, please send to me and I will begin the process. The statement can simply be an email to me which I will print.
Thank you for your time and information. Looking forward to working with you.
Semper Fidelis,
David B. Ashe, Esq.
Veteran and Social Security Disability Law
Alperin Law PLLC
500 Viking Drive, Suite 202, Virginia Beach, Virginia 23452
Phone: 757-490-3500, Fax: 757-233-3600
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From: Aaron Henton
To: David Ashe
Written: 11.27.2020
Subject: Regarding VA Disability Law
Mr. Ashe,
Thank you for getting back to me. To help you better understand my case I will lay it all out for you in plain text. It is very stressful to think about going through this process again, having to replay this incident over and over... waking up everyday living in the wreckage of what once was my life makes one, lets just say... resilient. It was devastating the last time I was denied after waiting another year hoping that I would get the money necessary to reclaim my life. I had a girlfriend at the time that I was planning on marrying once I had funds to tap into my Veteran's Home Loan and I had gotten into a Master's program for Cybersecurity. I was ready to move forward with my life, start a family, and not be the man I wanted to be because I have spent years trying to get over the fact I can never be that person but someone better. Unfortunately everything kind of fell apart again after the last denial and now I am currently single and in a Bachelor's program in Cybersecurity and I had until November 15, 2020 to be out of my Mother's house. To add insult to injury the Veteran's Affairs did award me a 0% rating for service-connected pseudofolliculitis barbae in 2019. Its like I live in a sysphean nightmare doomed to always start from the bottom.
I was denied in 2014 and 2019 for non-service connection to the injuries I sustained on orders as a contracted cadet in the Spartan Battalion. I ets'd (honorable discharge/good conduct medal) from military service as an Army Bandsmen two months after getting back from Afghanistan in order to finish my Bachelor's degree and earn my commission as a 2nd Lieutenant in the US Army with the hopes of getting aviation. I know everyone asks the question "why would I leave my music career and a craft I had honed over 20+ years to fly helicopters?". Ask not what your country can do for you but what you can do for your country and after taking some pretty big swigs of that Army kool-aid I did.
I realize now I should have allowed myself more decompression time in garrison before immediately coming out of Afghanistan and jumping into the civilian world with no transistion; however, being an ROTC cadet you still PT, you still wear a uniform, and you still have formations... so mentally there was no break in service. I was able to prove myself worthy to obtain a commission and earned my cadet contract. After planning, preparing, and executing over a 2 year process I had achieved my goal, all I had to do was perform to standard or exceed the standard at the Leader Development and Assessment Course all ROTC cadets must attend and finish my degree and I would commissioned as a 2nd Lt.
I have had multiple hospitalization since my break in service, have no real support system, have limited relationships and have diagnosed depression. I was misdiagnosised some years back after a suicidal episode which possibly could have lead to a service-connection earlier if correctly diagnosised. In both claims my Veterans Affairs representatives ignored my statements as to the nature and severity of my claim. On those claims all I was trying to claim was my right leg pain and left ankle pain and diminished ability. I was an avid runner and extremely athletic and had actual relationships with people. If anyone in my immediate family was asked if I am a different person now they would say yes. I even feel like I am still on that forest floor starring up at a cold unforgiving sky completely alone wondering what am I going to do now. I also have a surgically repaired bimalleolar left ankle and surgically repaired malleollar right ankle. Whatever machine they used to put my claim in put all the documented injuries and maladies from my medical file looked at my dates of service which began on May 29, 2009 and ended August 26, 2012 did not see that the injuries were documented in my active duty med file and spat out a denial.
That leads to now. I literally am on pins and needles in my housing situation because my eviction date was set for November 15 so at any given moment I can be removed from where I am currently residing. My housing situation has never been stable. Over the past few years at any given moment my Mother is subject to tell me to leave on a whim with little to no provocation from me. Short back story on the housing, before I made my break in service I asked my mother if I could stay at her house for 2 years while I finished my degree. After that I would be back in the Army as an officer. 8 years later...
I am waiting on those documents you sent so I can get them back to you. As I stated on the phone, even though I found a case similar to mine in which an ROTC cadet was injured and the judge awarded him Veteran's Affairs benefits (Jonathan Brown, Plaintiff-appellant, United States of America, Defendant-appellee, 151 F.3d 800) I would like to focus on a new claim for service-connected depression and tinnitus. My last clear and unmistakable error claim in which I attempted to show the Veteran's Affairs the miscalculation due to my ROTC status seemed to just confuse them as there is a gray area in which my claim fell especially with the misdiagnosis still present on that claim.
If you have any questions of me feel free to contact me via this e-mail or by telephone @ 757-925-1707. Thank you in advance and I apologize for the short story haha.
Very Respectfully,
Aaron X. Henton
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From: David Ashe
To: Aaron Henton
Written: 11.28.2020
Subject: Regarding VA Disability Law
Aaron,
Thank you for the time and effort to provide this detail. I think there are multiple approaches for your case. Regarding the documents, we mailed those on 20 Nov to 605 Roundtable Court Suffolk, VA 23434. I’ll re-send right away.
Semper Fidelis,
David B. Ashe, Esq.
Veteran and Social Security Disability Law
Alperin Law PLLC
500 Viking Drive, Suite 202, Virginia Beach, Virginia 23452
Phone: 757-490-3500, Fax: 757-233-3600
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From: Aaron Henton
To: David Ashe
Written: 12.5.2020
Subject: Regarding VA Disability Law
Mr. Ashe,
I recieved the documents and went through them. I tried to get in touch with your office so we could set up an appointment to go over the documents in-person; however, your paralegal stated that that would not be possible due to the current covid restrictions. Is it possible that would could set an appointment for next week in-order to do the signing of the power of attorney and ensure I completed the paperwork correctly. I am trying to avoid having to send documents back-and-forth through snail mail if I did them incorrectly. My housing situation is still not stable, my eviction time is passed but my mother has not enforced it yet but that means when she tells me to leave I have to go. In case this happens I will probably put myself into Veteran's Affairs in order to get into the domicilary or other housing program. I will be sure to let you now if this happens. Also the house phoneline is down and I don't have a cell phone so the only reliable way to get in contact with me is through this e-mail. Thanks in advance.
Very respectfully,
Aaron X. Henton
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From: David Ashe
To: Aaron Henton
Written: 12.5.2020
Subject: Regarding VA Disability Law
Aaron,
I appreciate your efforts on those forms. I think our best approach is for you to complete them as best you can but then send to me. As long as you have signed them, I can make pen-corrections for you and then I can let the VA know I assisted though you have signed it. Let me know specific questions but please send the forms when you have done all that you can. We’ll make sure the documents are ready.
Semper Fidelis,
David B. Ashe, Esq.
Veteran and Social Security Disability Law
Alperin Law PLLC
500 Viking Drive, Suite 202, Virginia Beach, Virginia 23452
Phone: 757-490-3500, Fax: 757-233-3600
---------------------------------------------------------------------------------- From: Aaron Henton
To: David Ashe
Written: 12.7.2020
Subject: Regarding VA Disability Law
Mr. Ashe,
The main reason is I really don't feel comfortable sending the unsigned documents through snail-mail. I've signed off on the majority of them, its kind of the equivalent of sending a blank check. I understand the nature of the pandemic but documents with my power of attorney and release of medical records would allow anyone sign off. Can I possibly set an appoint with your paralegal and you give authorization for her to sign off in your stead?
Very respectfully,
Aaron X. Henton
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From: David Ashe
To: Aaron Henton
Written: 12.7.2020
Subject: Regarding VA Disability Law
Aaron,
I want you to have peace of mind. If you send the documents, I can call and perhaps we could be on the phone together as I describe my signature actions on the documents?
Semper Fidelis,
David B. Ashe, Esq.
Veteran and Social Security Disability Law
Alperin Law PLLC
500 Viking Drive, Suite 202, Virginia Beach, Virginia 23452
Phone: 757-490-3500, Fax: 757-233-3600
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From: Aaron Henton
To: David Ashe
Written: 12.9.2020
Subject: Regarding VA Disability Law
Mr. Ashe,
If the documents never make it is where my mind is at, I'm just going to send or possibly drop them off at your office. Im pretty sure the Veterans Affairs data breached more than a few times so the information is more than likely already out there. On another note, I read on the Veterans Affairs website that Veterans seeking claims extensions on appeals do not need to formally request it only needs to be sent in. I did not see anything in the documents about appealing my previously denied claim, is there any specific document I need to sign for you to initiate the appeal. Also, on that appeal a misdiagnosis of schizoaffective is present, I am now diagnosised with depression caused by my break in service. This misdiagnosis lead to a non-service connection which was the reason for the denial of my claim. Is there any type of legal action I can take in conjunction with my claim to rectify the devastating impact that the Veterans Affairs multiple errors have had on my life like my claim denial which was a direct result of a misdiagnosis on the part of the Veterans Affairs?
There is also documentation from Virginia Beach Psychiatric which is now in my VA medical files(where they initially incorrectly diagnosised me) of an adverse reaction I had to a drug called resperidal. It made my body literally go into a fit of contortions. My family and my girlfriend at the time can witness this, they provided me the medication convieniently before visiting hours so I'm pretty sure the memory is still fresh even after 6 years. The denial of my claim for my pain in various locations on my body was due to non-service connection because I sustained my injuries(the precipitating event) on mandatory military orders as a contracted cadet with an enlistment in the Army Reserve at the rank of Cadet. I found a case where the ROTC cadet sustained injuries similar to mine and met with success on his claim(Jonathan Brown, Plaintiff-appellant, v. United States of America, Defendant-appellee, 151 F.3d 800 (8th Cir. 1998)) whereas mine was denied.
Here are the questions document by document:
Request For and Authorization To Disclose Private Personal Health Information
-On line 1 it asks for medical provider authorization
-Is this refering to my primary care doctor or the Hampton VA Medical Center
Contigent Fee Agreement For Veteran Disability Legal Services in Compliance with 38 CFR Section 14.636
-Completed; Awaiting signature by attorney David B. Ashe, Esq
Authorization to Disclose Information to the Department of Veterans Affairs
-Completed;
Appointment of Individual As Claimant's Representative
-Completed; Awaiting signature by attorney David B. Ashe, Esq with the authorization of Larry Stokes
Application for Disability Compensation and Related Compensation Benefits
-Completed except for Section 7: Direct Deposite Information If I cannot meet you in person I will sign this section at a later date
-in Section 3: Homeless Information I did state that I am currently at risk of becoming homeless. I can provide you with my 30 day eviction notice signed October 12, 2020 in order to expedite my claim. My mother is here and has yet to say anything; however, if at any given time she tells me to leave I must go because 30 days is up.
-In Section 4: Claim Information I stated Depression/Anxiety from the inability to cope with civilian life with the approximate disability date of Aug. 26, 2012 and tinnitus from being an army bandsmen(see also 3m earplug lawsuit) dating Aug. 26, 2012.
I am getting the pins and plate out of my left ankle in January, In my denied claim I attempted to claim that my left ankle injury was aggravated by my femur break which happened during the ROTC training. Possibly stating that the aggravation of a secondary injury from a service connected injury lead to the need for removal for pain reduction and increase in quality of life. I think thats everything for now. If you have any questions of me I do not have a phone so the only way to get in contact with me is through this e-mail.
Thanks in advance,
Very respectfully,
Aaron X. Henton
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From: David Ashe
To: Aaron Henton
Written: 12.23.2020
Subject: Regarding VA Disability Law
Aaron,
I received your forms. Do you have the last rating decision you received from the VA?
Semper Fidelis,
David B. Ashe, Esq.
Veteran and Social Security Disability Law
Alperin Law PLLC
500 Viking Drive, Suite 202, Virginia Beach, Virginia 23452
Phone: 757-490-3500, Fax: 757-233-3600
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From: Aaron Henton
To: David Ashe
Written: 12.24.2020
Subject: Regarding VA Disability Law
Mr. Ashe,
Happy holidays. My last decision rating from the VA was 0%. Also, I didn't put my banking information on one of the forms. I m pretty sure that it won't be necessary unless we win. Is there anything that I need to do for this claim or the previous claim?
Aaron X. Henton
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From: David Ashe
To: Aaron Henton
Written: 12.24.2020
Subject: Regarding VA Disability Law
Aaron,
I’ll review the forms and let you know if we have everything. No need for banking information, yet.
Semper Fidelis,
David B. Ashe, Esq.
Veteran and Social Security Disability Law
Alperin Law PLLC
500 Viking Drive, Suite 202, Virginia Beach, Virginia 23452
Phone: 757-490-3500, Fax: 757-233-3600
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From: Aaron Henton
To: David Ashe
Written: 12.24.2020
Subject: Regarding VA Disability Law
Aaron,
I hit send too soon. My two objectives are the new claim for your for depression and tinnitus. Then, appeal of your past denial where they are asserting the ROTC status issue. I do need to see the denial decision where they cite to the ROTC issue.
Semper Fidelis,
David B. Ashe, Esq.
Veteran and Social Security Disability Law
Alperin Law PLLC
500 Viking Drive, Suite 202, Virginia Beach, Virginia 23452
Phone: 757-490-3500, Fax: 757-233-3600
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From: Aaron Henton
To: David Ashe
Written: 12.28.2020
Subject: Regarding VA Disability Law
Mr. Ashe,
I hope you are having a Happy Holiday. Once you get the medical documentation you will see the diagnosises of both depression and tinnitus. My doctor stated that he placed in the notes that the depression is a result of my break in service. Also this can be linked to my earlier hospitalizations, one in particular is in either 2014 or 2015 where they misdiagnosed me. If they would have correctly diagnosed at this time my initial claim would have never been denied in error changing the whole landscape of the last years of my life. In regards to the tinnitus, if you google 3m tinnitus lawsuit there is alot of information about lawsuits involving earplugs made by the company 3m and serving in the military between 2003-2015. This impacts me because I utilized earplugs everyday as an army bandsmen(I was a percussionist) in practice rooms and during performances, when shooting on the range, and when I was down range. Thank you.
Happy New Year!!
Aaron X. Henton
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In hindsight, I feel the initial contact between me and my lawyer was good; however, the follow-through was an epic failure. As you will read further on...
~Aaron X.