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June 4, 2008

VA keeps denying assistance to veteran

By Nancy Lowry

Carl Kirkwood gave up much for his country. Now the 90-year-old World War II veteran wants something in return.

Kirkwood, a resident of Riverside Apartments, said he sustained frost-bitten feet and fingers while serving with the 200th Field Artillery. That battalion traveled with the 73rd Brigade of the First Army and participated in the Battle of the Bulge Dec. 16, 1944, through Jan. 25, 1945.

This decisive battle, fought by more than a million Allied and German troops on the German-Belgium border, hastened the end of the war in Europe. It was fought during what has been called one of the coldest winters on record.

Kirkwood said his frostbitten feet now cause him severe pain.

Learning his service record made him eligible for compensation for his frozen foot disability, Kirkwood applied to Veterans Affairs on Jan. 30, 2006.

But his claim was denied.

“I’ve done everything that they’ve asked me to do, but it’s never enough,” the South New Castle Borough native said.

Adding to his frustration, he said, is that claims of former New Castle resident Lester “John” Jenkins, whose case was transferred to the VA in San Diego, and Ray Carter in Mississippi — both Kirkwood’s comrades-in-arms through the war — have been approved.

If his combat-related cold injury claim is approved, Kirkwood could become eligible for veterans benefits, including free medical care and compensation retroactive to the date his claim was filed. Those benefits have been provided through the VA since October 1996.



RECORD WOES

Kirkwood’s problems include missing military records. As a result of a fire at the National Records Office in St. Louis in the 1970s, the Army said it has no evidence that he served in combat from Jan. 13, 1941, to Sept. 6, 1945.

Kirkwood said he doesn’t understand what difference an archive fire makes because his military history is included on his honorable discharge papers.

But without his records available, Kirkwood solicited Jenkins — first sergeant of the unit — to write a letter on his behalf, as he had for Jenkins.

“My letter (for Jenkins) was considered testimony,” Kirkwood said. “But they called his a “buddy letter” meaning that he was my buddy since we served together and he’d say anything for me.”

Frustrated by rejections by the Pittsburgh Veterans Administration office, Kirkwood contacted U.S. Rep. Jason Altmire.

“He said the VA in Pittsburgh was swamped with more than 60,000 cases. He said he’d get my case transferred to a VA in Togus, Maine,” Kirkwood said. However, 11 days later he received a letter from the VA in Cleveland — rejecting his claim.

“They said I’d had no complaint for more than 60 years, so it was not combat related.”



COMPLIANCE

Kirkwood sent X-rays and letters by non-military acquaintances who knew him in the 1950s and 1960s and knew his health complaints.

He also was examined by a doctor who noted he had had foot surgery in the 1970s and 1980s and a knee replacement in 1988. The doctor also noted the presence of arthritis and diabetes.

“They jumped on that, saying my problems were related to my diabetes. But I had these problems long before I became a diabetic.”

Recently, Kirkwood said, he replaced the Veterans of Foreign Wars, who had represented him at previous hearings. He tried to switch to the American Legion, which had represented Jenkins and Carter.

“But they were not taking new cases,” he said, adding, “I’m 90 years old. How much longer can I wait?”

Kirkwood found Kevin Noel of the Disabled American Veterans in Pittsburgh. Noel presented Kirkwood’s case to the VA.

“Now we have to wait and allow them to make a decision,” said Noel, who added he could not estimate when the VA will respond.

Noel said he believes Kirkwood has a good case and excellent chance for success.

“He’s got some special circumstances, including missing service records, and his age makes it imperative that action be taken quickly,” Noel said.

He noted government figures state World War II veterans are dying at the rate of 1,000 to 1,500 per day.

“I am confident we will prevail.”

If not, Noel said, he is ready to argue an appeal before the Bureau of Veterans Affairs in Washington D.C.

The 38-year-old Noel has represented veterans through the DAV for the past nine years. Prior to that, he spend nine years in the Army and is a veteran of the first gulf war

“My unit went in in the fall of 1990 and remained until spring 1991.

“I see my work with the DAV as a natural extension of my military service,” he said. “I’m still looking out for the troops.”

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