"Per Aspera Ad Astra..." 2 of 3
- Aaron X.
- Apr 9, 2024
- 26 min read
Part 2: Rainy days...
Correspondence between me and my lawyer from the dates 1.06.2021-7.19.2021:
From: Aaron Henton
To: David Ashe
Written: 1.06.2021
Subject: Regarding VA Disability Law
Mr. Ashe,
I spoke with the veterans affairs today and they said they have yet to receive my claim. I can provide you with the information regarding my last denial. In my decision letter, it doesn't specifically state that my denial of benefits was due to my ROTC status; however, in the introduction it clearly outlines my dates of service are between May 27, 2009 and August 26, 2012. This claim was received February 8, 2019 and the rating decision is dated 08/01/2019. The denials on this claim due to non-service connection are as follows: left hip pain, left knee pain, left shoulder pain, service connection for disorder(the misdiagnosis), right hip pain, and right knee pain. Again, the only things I was trying to claim were my left ankle and right leg pain but my representative failed to listen to what I was actually telling them and they put my claim in incorrectly further placing my life on hold and slowing my transition into the civilian world. If you need to get in contact with you can call me @ 757-513-1050. Please keep my up-to-date on any developments with the case.
Thanks,
Aaron X. Henton
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From: David Ashe
To: Aaron Henton
Written: 1.06.2021
Subject: Regarding VA Disability Law
Aaron,
We filed on 28 Dec 2020. Thank you for describing some of the past claims. I’ll make sure we stay focused on the mental health and tinnitus claims of your application.
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: 1.13.2021
Subject: Regarding VA Disability Law
Mr. Ashe,
I spoke with the Veterans Affairs, they initiated the depression and tinnitus claim on January 4, 2021. I was wondering about the appeal claim. You had advised we should throw it back at the Veterans affairs to see if it bounces back with a different result. Is there any information you need to initiate the appeal. Also, I read that covid related requests are good cause for extension requests so if the appeal falls out of the window we may still have a chance. Thanks in advance.
Very Respectfully,
Aaron X. Henton
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From: David Ashe
To: Aaron Henton
Written: 1.13.2021
Subject: Regarding VA Disability Law
Aaron,
Thank you for the heads up. The depression and tinnitus are from our recent application we filed. I’m glad to hear they have begun initial processing. With regard to an appeal, you’re talking about the leg injuries, right? Do you have your last rating decision that denied the leg injury claims?
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: 1.13.2021
Subject: Regarding VA Disability Law
Here is my enlistment contract and information pertaining to this case. In the following e-mail will contain information about the denied claim including decision date and rating.
-Aaron
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From: Aaron Henton
To: David Ashe
Written: 1.13.2021
Subject: Regarding VA Disability Law
David,
There will be one more email with the last page of my denied claim.
-Aaron
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From: Aaron Henton
To: David Ashe
Written: 1.13.2021
Subject: Regarding VA Disability Law
David,
The attached is the last page of my claim. If you need any further information please feel free to contact me. Thank you
-Aaron
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From: Aaron Henton
To: David Ashe
Written: 1.13.2021
Subject: Regarding VA Disability Law
David,
As I stated before there is a case similar to mine where the ROTC cadet was injured in training. The following information from this case directly impacts ours:
"Because Brown's injuries appeared to be both permanent and the result of service-related activities, the Office of Workers' Compensations Programs informed Brown that he should make a claim for benefits from the Department of Veterans Affairs (the VA).3 Brown did so, and his application to the VA ultimately met with success. On April 1, 1991, Brown began receiving $1,620 per month from the VA for permanent disabilities resulting from service-connected activities."
"The Department of Veterans Affairs compensates veterans for service-connected disabilities or death. 38 U.S.C. § 1131. Brown applied for and has been awarded benefits under § 1131 because the Secretary found that Brown is a veteran and has suffered "service-connected" injuries resulting in disability
A veteran is a person who has "served in the active military, naval, or air service," and who has been discharged under conditions other than dishonorable. 38 U.S.C. § 101(2). Senior ROTC training exercises constitute "active military, naval, or air service." See id. § 101(22) (D) (Senior ROTC training programs of four weeks or greater duration constitute "active duty for training"); id. § 101(23) (C) (Senior ROTC training programs of fewer than four weeks' duration constitute "inactive duty for training"); id. § 101(24) (the term "active military, naval or air service" includes both "active duty for training" and "inactive duty for training"). Brown's participation in inactive duty training constituted "active military, naval or air service," and he is therefore a veteran, having been discharged under honorable conditions.
Veterans receive benefits under § 1131 only for service-connected disabilities--i.e., disabilities incurred or aggravated "in [the] line of duty, in the active military, naval, or air service." 38 U.S.C. § 1131; see also id. § 101(16). Because Brown's injury occurred during a mandatory ROTC Army Physical Fitness Test, the Secretary determined that it was service-connected, and correctly concluded that Brown is entitled to veterans benefits under § 1131."
Reference
I think that's everything for now.
-Aaron
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From: Aaron Henton
To: David Ashe
Written: 1.30.2021
Subject: Regarding VA Disability Law
Aaron,
Hello and thank you for checking in. I reviewed the August 2019 rating decision and I’m afraid the only approach we have is to file a new application for all claims. We filed an application for you on 28 Dec 2020 but only for PTSD and tinnitus. We should add any and all health issues that were denied in the Aug 2019 rating decision (RD). For any RD, we have only 12 months to appeal. You would have needed to file your appeal before Aug 2020.
Let me know if we should file an additional application with additional claims.
Semper Fidelis,
David B. Ashe, Esq.
Veteran and Social Security Disability Law
Alperin Law PLLC
500 Viking Drive, 2nd Floor, Virginia Beach, Virginia 23452
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From: Aaron Henton
To: David Ashe
Written: 1.31.2021
Subject: Regarding VA Disability Law
Mr. Ashe,
I read that they were allowing appeal extensions do to the pandemic and the national state of emergency. Is there any way we can throw it in there to see? I read that in the financial times extension relief document which can be found by searching veterans claim appeal extension.
Thanks,
Aaron X. Henton
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From: David Ashe
To: Aaron Henton
Written: 1.31.2021
Subject: Regarding VA Disability Law
Aaron, I am happy to give it a try. It is a long shot and unfortunately, there is no special extension policy even during the public health emergency. I will file Monday in we will give it a try.
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: 2.2.2021
Subject: Regarding VA Disability Law
Mr. Ashe,
Alright sounds good. Let me know if you need anything from me. I am currently recovering from ankle surgery. I had the hardware removed that was giving me issues from the aggravation done when I broke my femur. I am currently in a hotel. I tried to call the Veterans Affairs for assistance but had some trouble with the representative on the phone. She said living out of a hotel does not qualify me for homeless status to get assistance from them. I always thought any type of transient housing situation qualified. If my situations changes I will let you know. Thanks for your help.
Aaron X. Henton
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From: Aaron Henton
To: David Ashe
Written: 2.5.2021
Subject: Regarding VA Disability Law
Mr. Ashe,
I spoke with the Veterans Affairs today and they stated the depression/tinnitus claim was completed and the decision letter was sent out. I also asked questions about the extension on appeals deadlines due to the national state of emergency:
Requesting Time Limit Extensions for Claims/Appeals Filings Based on COVID-19
As there is no specific form requirement for requesting good cause extensions of time limits, VBA will accept COVID-19 pandemic-related extension requests on any form or written documentation.To request an extension of filing a claim or appeal due to COVID-19, claimants should:
•note the request on their late-filed application, or
•attach the request as a separate document to their late-filed application.
To ensure full consideration of a time limit extension, claimants should simply note in their request that they are requesting an exemption for timely filing because of COVID-19, (or any related reference to COVID-19, coronavirus, the national pandemic, or similar language). No supporting evidence is required.
If the request is submitted after initial submission of a pending claim or appeal, claimants should specify the time limit for which they are seeking an extension to ensure accurate processing. Extensions for legacy appeal and claim filing time limits must be received in writing.
This information was provided in the Novel Coronavirus (COVID-19) Financial Relief Actions and Time Limit Extensions fact sheet (https://benefits.va.gov/BENEFITS/factsheets/financial-literacy/COVID-19-financial-relief-time-extensions.pdf). From here I wanted to know what the best course of action would be for the specific type of appeal. The representative stated that I had 4 options: a supplemental, decision review, higher level, or appeal to the board of appeals. I think since I provided them all of my ROTC records and they have all of my medical records no new evidence of that nature is necessary. However, I was wondering how we could use the judgement from the Jonathan Brown, Plaintiff-appellant, v. United States of America, Defendant-appellee, 151 F.3d 800 (8th Cir. 1998) where the ROTC cadet was injured during ROTC training and his claim for disability compensation benefits was accepted by the Department of Veterans Affairs as evidence to identify the error in my claim denials in both 2019 and 2014.
After reviewing the claim options, I think the best course of action would be to request a board appeal and to also request a hearing so we can reference the Brown case directly to a Veterans Law Judge. It does say this option can take more than a year; however, there is an option to request the hearing as a virtual meeting/conference which could speed the process up. In any case we need a notice of agreement to initiate the appeal. Is there any information that you need from in order to start this process? Thanks
Aaron X. Henton
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From: David Ashe
To: Aaron Henton
Written: 2.10.2021
Subject: Regarding VA Disability Law
Aaron,
I want to emphasize that an appeal of the Aug 2020 RD has very little chance of success. I think our only and best path is a new application for the issues you were denied in the Aug 2020 rating decision. Attached is a Form 526, please complete and then send to me. We can claim PTSD, knee pain, hip pain and left shoulder pain.
Semper Fidelis,
David B. Ashe, Esq.
Veteran and Social Security Disability Law
Alperin Law PLLC
500 Viking Drive, 2nd Floor, Virginia Beach, Virginia 23452
Phone: 757-490-3500, Fax: 757-233-3600
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From: Aaron Henton
To: David Ashe
Written: 2.11.2021
Subject: Regarding VA Disability Law
Mr. Ashe,
What about the left ankle pain. The injury I sustained to my femur aggravated the injury I sustained to my left ankle. I recently had my hardware in this ankle to reduce the increase in pain from this injury. In both my initial claim in 2014 and my claim in 2019 I stressed my right hip and my left ankle; however, my representatives overlooked it both times. Theres is documentation of pain in both locations.
Also, is their any way to recoup the monetary loss I suffered due to the misdiagnosis in my second claim which caused a non-service connection. I will get that paperwork to you as soon as possible. Thanks
Aaron X. Henton
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From: David Ashe
To: Aaron Henton
Written: 2.11.2021
Subject: Regarding VA Disability Law
Aaron,
I’m sorry but I do not see a pathway for the diagnosis issue. The only viable path I see is for a new application. Another lawyer may see it differently and I won’t mind if you obtain additional opinions.
Semper Fidelis,
David B. Ashe, Esq.
Veteran and Social Security Disability Law
Alperin Law PLLC
500 Viking Drive, 2nd Floor, Virginia Beach, Virginia 23452
Phone: 757-490-3500, Fax: 757-233-3600
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From: Aaron Henton
To: David Ashe
Written: 2.21.2021
Subject: Regarding VA Disability Law
Mr. Ashe,
I read my decision letter from the Veterans Affairs stating the 10% tinnitus effective date of June 2, 2020 and the service connection for the purpose of establishing eligibility for psychosis. My issue is this was a misdiagnosis and as I stated in previous correspondence correct diagnosis at the time would have resulted in a service connection. The initial diagnosis was schizoaffective disorder. Now i am diagnosed with depression/anxiety, both fall under the Veterans Affairs blanket definition of psychotic disorders for the purpose of disability ratings. However, it was not until my most recent diagnosis that my physician documented that this was a result of my break in service and inability to adapt to civilian life. The letter goes on to state that the condition was diagnosed within two years after discharge as well as before the delimiting date which meets the requirements for treatment, but what does this mean in regards to service connection for disability compensation?
We spoke about utilizing this information as well as the fact in my initial fully developed claim in 2014 no assistance or guidance was provided to me, as evidenced in the initial claim documentation, as grounds to present a clear and unmistakable error on the part of the Veterans Affairs which had a devastating impact on not only my life but the people's lives around me. Most importantly the Veterans Affairs never conducted a claims evaluation for mental health. This oversight could have altered the Veterans Affairs initial and following decisions on my service connections.
Also, there is recent treatment documentation from my last hospitalization in July 2020 which can be directly referenced to show my ongoing struggle since my break in service and the initial episode. We can also obtain attestation from my current primary care for purposes of pointing out the initial error of misdiagnosis and the subsequent denial of service connection in 2014 that blocked me from obtaining a service connected disability rating.
I want to thank you Mr. Ashe. You have done more for me than anyone in the last 8 years of my life. If you need to discuss these matters any further please feel free to contact me by e-mail or by phone @ 757-513-1050.
Thanks again,
Aaron X. Henton
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From: Aaron Henton
To: David Ashe
Written: 3.3.2021
Subject: Regarding VA Disability Law
Mr. Ashe,
I'm reaching today to see if you made any progress with the claim. I have yet to call to check the claims status. You can contact me by phone at 757-513-1050.
Thanks,
Aaron X. Henton
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From: Aaron Henton
To: David Ashe
Written: 3.11.2021
Subject: Regarding VA Disability Law
Mr. Ashe,
I checked on the status of my claim. The Veterans Affairs representative said that it is getting sent back. I was wondering did you get the letter stating the exact reason for this.
Thanks,
Aaron
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From: David Ashe
To: Aaron Henton
Written: 3.11.2021
Subject: Regarding VA Disability Law
Aaron,
I’ll review the notice and see what their take on this is.
Semper Fidelis,
David B. Ashe, Esq.
Veteran and Social Security Disability Law
Alperin Law PLLC
500 Viking Drive, 2nd Floor, Virginia Beach, Virginia 23452
Phone: 757-490-3500, Fax: 757-233-3600
www.alperinlaw.com $250,000 debt..
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From: Aaron Henton
To: David Ashe
Written: 3.14.2021
Subject: Regarding VA Disability Law
Mr. Ashe,
I found some more information that might be useful in this matter. I can schedule an appointment if you would like to discuss them. The main point of interest is the terminology they used "service connected for treatment". Service connected for treatment is a 2 year window, service connected for disablility compensation is a one year window and to be classified a recently separated Veteran there is a 3 year window from the date of discharge.
My break in service was August 26, 2012. I sustained my injury while contracted as a cadet on September 13, 2012 , meaning I enlisted into the Army Reserve at the rank of cadet with a service obligation to comission on completion of my degree. I filed my initial claim in 2014 or 2015?? My symptoms were first diagnosed after a suicidal episode on August 22-26, 2014; however, misdiagnosed. The technicality is that my "real" break in service did not occur until my disenrollment from ROTC due to my injury ending my reserve contract. The Veterans Affairs does not see it this way.
There are multiple ways to point to the error on the part of the Veteran's Affairs:
1. Why is my reserve contract not being honored when I signed for a service commitment and was injured on orders at mandatory training under this contract.
2. Documented negligence on the part of the Veteran's Affairs through lack of assistance in my "fully developed" claim dating back to 2014.
3. Service connection window for injury/malady and eligibility for disability compensation especially when taking into consideration my Reserve contract.
4. Misdiagnosis resulting in a denial of Veteran's benefits due to non-service connection and inability to return to service.
5. Cadet Command 136-r contract stating that by signing I would be eligible for compensation for illness/injury from the Veteran's Affairs/Department of Labor.
I can also provide documentation that demonstrates the grevious impact to my quality of life. I can also get statements from my family and friends and a nexus statement from my primary care to provide more grounds for service connection. I hope this information can assist you in deciding what to do next.
I am trying to stay positive. My current situation is not going well. Im still in the hotel trying to find a more permanent housing situation so I can hopefully begin some work. There are days when its hard to get out of bed while there are other days when I feel fine. I am still recovering from my surgery on my left ankle so that makes things even more difficult. School is going well; however, if things get worse I don't want to have to drop courses to put myself in the hospital. Thanks for everything.
Very respectfully,
Aaron X. Henton
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From: David Ashe
To: Aaron Henton
Written: 3.14.2021
Subject: Regarding VA Disability Law
Aaron,
I am connecting with your email. I think there are a number of points you’ve made that might have some traction. I’ll let you know more soon.
Semper Fidelis,
David B. Ashe, Esq.
Veteran and Social Security Disability Law
Alperin Law PLLC
500 Viking Drive, 2nd Floor, Virginia Beach, Virginia 23452
Phone: 757-490-3500, Fax: 757-233-3600
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From: Aaron Henton
To: David Ashe
Written: 3.21.2021
Subject: Regarding VA Disability Law
Mr. Ashe,
I recieved a letter from the Veterans Affairs that in order for a revison by CUE, we must specify the factual or legal error or errors made by the VA. What is the next course of action to prevent further stalling? In the previous correspondence I discussed some points that I felt directly impact the claim. I think the most pertinent point for the time being, like you stated, is the failure on the part of the Veteran's Affair's to set an evaluation in the initial claim or provide assistance when I was seeking help to acclimate to the civilian climate, unfortunately they did not provide that.
In hindsight, if no historical data in their systems can be found to back my claim (there should be because I've been telling them this for 6 years) especially linking my most recent diagnosis of depression (my doctors notes should state that this is related to my break in service and inability to adapt to civilian life) from a suicidal episode last year to my first suicidal episode which was misdiagnosed.
Thank you for your time. One last question, do you know if we can present this case directly to a panel or Veteran's Affairs law judge. I feel that this would help to humanize me as a person as they review this claim instead of me only being seen as words on paper or a number in their system, someone with goals, wants, desires, ambitions and someone who had made it to his goal but his life was derailed due to an incident which occured on military orders.
Thanks again,
Aaron X. Henton
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From: David Ashe
To: Aaron Henton
Written: 3.21.2021
Subject: Regarding VA Disability Law
Aaron,
Thank you for this email. That letter is a form letter. I outline our CUE specifically. Also, you’re right about a judge. There are different lanes to take for appeal and going to a judge is our best approach since the judge can factor in your testimony. Don’t worry, your appeals continue to move forward and I have my footing.
Semper Fidelis,
David B. Ashe, Esq.
Veteran and Social Security Disability Law
Alperin Law PLLC
500 Viking Drive, 2nd Floor, Virginia Beach, Virginia 23452
Phone: 757-490-3500, Fax: 757-233-3600
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From: Aaron Henton
To: David Ashe
Written: 3.22.2021
Subject: Regarding VA Disability Law
Mr. Ashe,
Thank you for the swift response. I spoke with my psychiatrist and they are starting me on wellbutrin and requested a follow-up with a psychologist so that may provide more information.
Thanks,
Aaron X. Henton
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From: Aaron Henton
To: David Ashe
Written: 4.05.2021
Subject: Regarding VA Disability Law
Aaron,
I saw that I missed your call. We filed your appeal on 14 March 2021 based on our past several discussions. Did you have a specific question I can address?
Semper Fidelis,
David B. Ashe, Esq.
Veteran and Social Security Disability Law
Alperin Law PLLC
500 Viking Drive, 2nd Floor, Virginia Beach, Virginia 23452
Phone: 757-490-3500, Fax: 757-233-3600
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From: Aaron Henton
To: David Ashe
Written: 4.07.2021
Subject: Regarding VA Disability Law
Mr. Ashe,
I spoke with the VA to check my claim status and they said that they recieved the Notice of Disagreement; however, due to the modernization of the system all appeals on claims prior to February 2019 the NOD must be filed with a VA FORM 21-0958. Also is there any way to appeal the 2019 claim as well? It seems they denied much of the information due to non-documentation when their should have been documentation in my VA medical records. They also had my dd 4/1 enlistment contract and my cadet command 136-r contract which states my eligibility for compensation from the Veterans Affairs and the Department of Labor. There was a case where the ROTC cadet sustained permanent injury from a service-related activity and the judge awarded benefits
In this case they cited that senior ROTC members are federal-employees and covered by FECA when work-related injuries occur, this does not cover permanent disabilities as the result of authorized, scheduled, and supervised senior ROTC training. In these cases the Veteran's Benefits Act governs compensation. I feel that this directly effects the outcome of both claims and if found valid demostrates an error on the part of the Veteran's Affairs in the interpretation of the term "inactive duty for training". The code of federal regulations states that injuries or maladies sustained during idt inactive duty training are eligible for compensation. Thank you
Aaron X. Henton
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From: David Ashe
To: Aaron Henton
Written: 4.07.2021
Subject: Regarding VA Disability Law
Aaron,
As I’m sure you’ll agree, your claim is complex. That said, I think the VA is wrong. The appeal I filed is for the 2021 rating decision. They are right if this was a denial for past claims, we’d need a different form. I need to review your file further and see what I should do.
Semper Fidelis,
David B. Ashe, Esq.
Veteran and Social Security Disability Law
Alperin Law PLLC
500 Viking Drive, 2nd Floor, Virginia Beach, Virginia 23452
Phone: 757-490-3500, Fax: 757-233-3600
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From: Aaron Henton
To: David Ashe
Written: 4.16.2021
Subject: Regarding VA Disability Law
Mr. Ashe,
I received the letter stating the notice of disagreement is for a VA decision dated before February 19, 2019. The letter then goes on to state that a VA Form 21-0958 Notice of Disagreement with the office that issued the legacy decision. Also, when one year has passed since the date of the VA decision notification letter a good cause extension request letter must be submitted. Was the notice of disagreement filed for the 2014 or the 2019 or both. I think we should file disagreements to both because they were both denied for the same reasons.
I was looking over my notes and I came across an error that I think is relevant for both the denials in 2014 and 2019:
- I was Senior member in ROTC operating under contract with the United States Government
-The injury I sustained was during mandatory training under orders as a Senior member in ROTC
-ROTC Senior members are federal employees
-as a senior member in ROTC, training exercises are "Inactive Duty Training" also known as service
-injuries sustained from and maladies arising from "Inactive Duty Training" are compensated by the Veteran's Affairs
- The Veteran's Affair's acknowledged my ROTC status and that I was under orders when I sustained my injury a senior member yet both my claims were denied in 2014 and 2019 due to my status, to quote the Veterans affairs:
"Time spent in the ROTC is not considered active duty for VA purposes" <---ERROR
There is guidance in the Veteran's Affairs regulations that allows for benefits to ROTC cadets at service academy:
-The difference is service academy cadets are under contract DD 4/1 from their freshman year
-University cadets must be selected for contract in their Junior or Senior year. They are known as
senior cadets and sign the same contract that is signed by ROTC members at the service academies
-reference DD 4/1 This is where they failed to recognize that a university ROTC cadet becomes equivalent to a service academy cadet
Highlighting that my disenrollment was where I mentally broke from service, that not only the physical maladies but my psychological issues experienced are service-connected, that in both 2014 and 2019 I provided the Veteran's Affairs access to or directly provided them this information yet it was ignored or overlooked. Is there any way we could get a judicial review so we can state this to a Veteran's Affairs law judge. I hope this helps.
Thanks,
Aaron X. Henton
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From: Aaron Henton
To: David Ashe
Written: 4.16.2021
Subject: Regarding VA Disability Law
Aaron,
I like all the points you brought up. It appears the VA did not fully review the appeal I filed. I filed in a manner called Clear Unmistakable Error (CUE) which allows us to appeal later than one year after the date of the decision. I’ll confer with the VA to help them understand our approach.
Semper Fidelis,
David B. Ashe, Esq.
Veteran and Social Security Disability Law
Alperin Law PLLC
500 Viking Drive, 2nd Floor, Virginia Beach, Virginia 23452
Phone: 757-490-3500, Fax: 757-233-3600
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From: David Ashe
To: Aaron Henton
Written: 4.20.2021
Subject: Regarding VA Disability Law
Mr. Ashe,
Thanks, if you need anything from me you call at 757-513-1050.
Thanks,
Aaron
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From: David Ashe
To: Aaron Henton
Written: 4.30.2021
Subject: Regarding VA Disability Law
Mr. Ashe,
I was wondering about the legacy claim and if you submitted the form yet for the 2014 denial. Also, is there any way to fight the decision for the depression/anxiety service connection. The window really shouldn't matter when my documentation points to the fact that the disorder was directly caused from my time-in-service, my break-in-service and service-related activities. There are updated medical records that should have doctors notes from my primary care physician, my psychiastrist, and in-patient documentation from my recent hospitalization. This information will be needed especially since the VA again failed to schedule the appropriate claims evaluation. Thanks for all that your doing for me. Have a great weekend.
Aaron
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From: David Ashe
To: Aaron Henton
Written: 5.12.2021
Subject: Regarding VA Disability Law
Aaron,
I saw that we have some time scheduled to talk. I just tried to call. No updates for you, the VA is looking over the last brief I filed with them.
Semper Fidelis,
David B. Ashe, Esq.
Veteran and Social Security Disability Law
Alperin Law PLLC
500 Viking Drive, 2nd Floor, Virginia Beach, Virginia 23452
Phone: 757-490-3500, Fax: 757-233-3600
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From: David Ashe
To: Aaron Henton
Written: 5.12.2021
Subject: Regarding VA Disability Law
Aaron,
I saw that we have some time scheduled to talk. I just tried to call. No updates for you, the VA is looking over the last brief I filed with them.
Semper Fidelis,
David B. Ashe, Esq.
Veteran and Social Security Disability Law
Alperin Law PLLC
500 Viking Drive, 2nd Floor, Virginia Beach, Virginia 23452
Phone: 757-490-3500, Fax: 757-233-3600
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From: David Ashe
To: Aaron Henton
Written: 5.14.2021
Subject: Regarding VA Disability Law
Mr. Ashe,
Im sorry I missed your call I was re-hospitalized. I had gotten delusional and admitted myself into the VA. My exit diagnosis was schizoaffective disorder but I feel that wad because I let them know that hear music and at the time I was experiencing a delusion. If you feel this alters our case in any please let me know. Thanks,
Aaron X. Henton
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From: David Ashe
To: Aaron Henton
Written: 5.20.2021
Subject: Regarding VA Disability Law
Mr. Ashe,
I spoke with the VA today and their system is showing that there is no open claims and the last correspondence they recieved was in March. The representative stated that the cue claim still needs to be submitted in the legacy format. Also, the service connection for my mental health conditions was not addressed in the cue claim. The Veteran's Affairs did deny service connection in 2019 and than in the most recent claim was only service connected for treatment. What do we need to do to get service connection for the schizoaffective/depression-anxiety/unspecified mood disorder? They have made several different diagnoses but this does not change the fact that the synptoms exhibited are service connected.
I have been speaking with a new doctor since my hospitalization in April, Dr. Rivera, and she did conduct two PTSD evaluations, one came back clear; however the other resulted in a mild to severe PTSD diagnosis. This is also documented in my medical records.
Currently, I am on a leave of absence from school due to my last hospitalization and should be returning June 14th. I feel the disruption and instability I have experienced over the last 7 years due to mental conditions resultant from service connected activities is important to highlight and is reflected in my medical, academic, and employment records.
Moving forward, I am preparing for my security + certification exam and seeking employment. I am somewhat anxious about employment because of my mood shifts and medication can make me drastically different day to day. I have been in situations where this did raise a barrier to work stability. My pain is becoming increasingly more tolerable, I thinkthis is because I had the surgical hardware removed that was in my left ankle which had been aggravated from service activities. I had attempted to claim in 2014 this. I think thats about it. If you could please provide me an update on where we are in the claims process that would be great. Heres a quick tldr:
-status of the cue claim
- claim for service connection for mental health conditions denied in 2019 including schizoaffective disorder/depression-anxiety/unspecified mood disorder
-claim for service-connected PTSD
-2 hospitalizations since April 1st resulting in two different in-patient diagnoses: unspecified mood disorder than schizoaffective disorder; however my out-patient diagnosis is depression-anxiety and I am currently on medication to support daily functioning
Thanks,
Aaron X. Henton
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From: David Ashe
To: Aaron Henton
Written: 5.20.2021
Subject: Regarding VA Disability Law
Aaron,
I saw that letter, too, requesting the other form. I think the VA is wrong but to keep things moving, I’m going to re-file the appeal in a different way. I don’t think we should file a new application yet. Let’s see how things develop with this appeal.
Semper Fidelis,
David B. Ashe, Esq.
Veteran and Social Security Disability Law
Alperin Law PLLC
500 Viking Drive, 2nd Floor, Virginia Beach, Virginia 23452
Phone: 757-490-3500, Fax: 757-233-3600
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From: David Ashe
To: Aaron Henton
Written: 6.1.2021
Subject: Regarding VA Disability Law
Mr. Ashe,
I attempted to give the law firm a call today 6/1/2021 at 1:52 p.m. and a message stated that the line could not accept calls at this time. I don't know how that affects your business but it seemed important. I was calling to check the status of our claim to see if anything can be done to expedite the case. Also is there a time we can schedule an appointment so we can discuss matters in-person. I'm getting alittle antsy as to the length of time and miscommunications I have experienced in my previous claims process and the Veterans Affairs. I know the claims process can take sometime; however, the Veteran's Affairs bounced the claim and I'm used to hearing their stall excuse of they haven't received certain documents.
I feel that they have more than enough information to come to a decision. There was another thing I feel is important to this claim. One of my ankles had broken as well as my wrist had be broken prior to service, the ankle subsequently surgically repaired. I should have medical documentation of shin splints while I was at the Army School of Music. "Active-duty" military service did aggravate these as well, also causing issues in other areas of my body. Do you feel that this information on top of the ROTC injury might change the overall outcome of the 2014 or 2019 claims? Please get back to me as soon as you can to discuss this issue further.
Thanks,
Aaron X. Henton
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From: David Ashe
To: Aaron Henton
Written: 6.1.2021
Subject: Regarding VA Disability Law
Aaron,
I’m glad to stay in communication with you but I need your trust. A VA disability claim is a process that takes months or even years. I have your appeal moving forward and I am in steady communication with the VA. The only action required of you at this time is to continue to obtain treatment and tend to your health.
Regarding your appeal, appeal for the claims for Left Wrist, Right Femur, Left Leg Fracture and Left Ankle are all moving forward. Also, I must ask you to consider the number of communications you request of our office. My team and I are committed to your case but it is not productive for you to call frequently. I assure you, when we have updates, we will contact you. Thank you for your trust.
Semper Fidelis,
David B. Ashe, Esq.
Veteran and Social Security Disability Law
Alperin Law PLLC
500 Viking Drive, 2nd Floor, Virginia Beach, Virginia 23452
Phone: 757-490-3500, Fax: 757-233-3600
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From: David Ashe
To: Aaron Henton
Written: 6.8.2021
Subject: Regarding VA Disability Law
Mr. Ashe,
Thank you for returning the e-mail. Im taking it a day at a time the days feel like a blur. Any word about the connection for the mental health issues in the other claim? Also this is kind of a side-ball and only if they overrule the decision on the ROTC and maladies that arose from the break of my femur and the subsequent surgical implant. There is a documentation after the intramedullary nailing of a time where I experienced a pudendal nerve palsy and the sensation did return however diminished. Do you know if that is something that I would be able to claim?
Thanks,
Aaron X. Henton
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From: Aaron Henton
To: David Ashe
Written: 6.25.2021
Subject: Regarding VA Disability Law
Mr. Ashe,
I had attempted to reach you earlier this week; however, I was informed that you and your secretary would not be available until next week. I would like to schedule an appointment to speak with you about this claims case. I will reach out again next week. Thanks...
Aaron X. Henton
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From: David Ashe
To: Aaron Henton
Written: 6.28.2021
Subject: Regarding VA Disability Law
Aaron,
I received your messages but I will not be able to talk about your case yet. I need to be candid about this. My schedule is enormously full and I have considered withdrawing from your case. There are significant procedural issues in your case. However, these are issues I need to resolve with the VA if we can. However, there is not additional information I need to obtain from you at this time.
Meanwhile, I need you to give me the time I need to review this. Please do not call with such regularity to discuss the case with Alyssa. I want to stay on the case as your lawyer but I need your trust.
Aaron, you are a good guy who has been dealt a very unfortunate turn of health. In addition, aspects of VA rules have made your VA claim complex. I need to confer with a buddy of mine who also specializes in VA disability so that we can ensure we have the approach for your case that will work.
Semper Fidelis,
David B. Ashe, Esq.
Veteran and Social Security Disability Law
Alperin Law PLLC
500 Viking Drive, 2nd Floor, Virginia Beach, Virginia 23452
Phone: 757-490-3500, Fax: 757-233-3600
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From: David Ashe
To: Aaron Henton
Written: 6.28.2021
Subject: Regarding VA Disability Law
Aaron,
I received your messages but I will not be able to talk about your case yet. I need to be candid about this. My schedule is enormously full and I have considered withdrawing from your case. There are significant procedural issues in your case. However, these are issues I need to resolve with the VA if we can. However, there is not additional information I need to obtain from you at this time.
Meanwhile, I need you to give me the time I need to review this. Please do not call with such regularity to discuss the case with Alyssa. I want to stay on the case as your lawyer but I need your trust.
Aaron, you are a good guy who has been dealt a very unfortunate turn of health. In addition, aspects of VA rules have made your VA claim complex. I need to confer with a buddy of mine who also specializes in VA disability so that we can ensure we have the approach for your case that will work.
Semper Fidelis,
David B. Ashe, Esq.
Veteran and Social Security Disability Law
Alperin Law PLLC
500 Viking Drive, 2nd Floor, Virginia Beach, Virginia 23452
Phone: 757-490-3500, Fax: 757-233-3600
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From: David Ashe
To: Aaron Henton
Written: 7.12.2021
Subject: Regarding VA Disability Law
Mr. Ashe,
I was hospitalized again also I was arrested over the weekend for a dui, 2 counts obstruction of justice and a public misconduct. My friend had a car accident and I went to pick him up when I arrived on scene I began asking questions and they took that as obstruction than the police officers made me take a field sobriety test that i felt i passed I refused the breathalyzer so they attempted to arrest me. I did resist because I felt the officers were in the wrong. There is a difference between resisting arrest and standing up for your rights. I ended up submitting and was given a breathalyzer at the precinct and blew a 0.05 under the legal limit of 0.08 so they were wrong however still incarcerated me. I bonded out on $200 dollars and had to pay $160 to get my car from the impound lot. Do you think I will be able to get that back because under virginia code 18.2-266 it states DUI as 0.08 and over? How would I go about fighting this?
Also, I called the VA and inquired about my depression/anxiety/schizoaffective claim and they said the day they recieved it the immediately shut it for some reason. How can I go about re-opening this claim in order to connect my mental health issues to service for disability compensation. I spoke with my VA psychologist about this and he said he possibly would provide a nexus letter for this claim. Thanks...
Aaron X. Henton
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From: Aaron Henton
To: David Ashe
Written: 7.19.2021
Subject: Regarding VA Disability Law
Mr. Ashe,
Thank you for assistance thus far in my case. I will be seeking alternative representation as a move forward. I will be continuing to pursue the cue claim as well as appealing the denied claim for my mental health issues which I and my medical feel are service connected. Please get back with me at your earliest convenice so that we can terminate the power of attorney to alleviate some of the burden might case has on your caseload. If you know of any other law offices that specialize in Veteran's benefits that information would be great.
Thanks again,
Aaron X. Henton
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From: Aaron Henton
To: David Ashe
Written: 7.19.2021
Subject: Regarding VA Disability Law
Aaron,
It was a pleasure meeting you. I wish you the very best.
Semper Fidelis,
David B. Ashe, Esq.
Veteran and Social Security Disability Law
Alperin Law PLLC
500 Viking Drive, 2nd Floor, Virginia Beach, Virginia 23452
Phone: 757-490-3500, Fax: 757-233-3600
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Another day gone by a whole day in the blink of an eye...I listen to the rain fall, but I like it, I like it when it rains...
~Aaron X.