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 Vallarta Living | Veteran Affairs | December 2006 
Puerto Vallarta, the Good Life
 David Lord - PVNN
| | Crosses and the US flag are seen at Arlington West on Santa Monica Beach. Each Sunday since February of 2004, the temporary memorial honoring those killed in Iraq is erected in the sand by the local chapter of Veterans for Peace (VFP) and other volunteers. (AFP/Gabriel Bouys) |
I have had the greatest time this last week attending the various local meetings and events. The writers group has a meeting on Saturdays at The International Friendship Club, where gifted, talented people share knowledge and listen to one another.
The Navy League has come to be the best organized of all the charities that I have seen anywhere, focused on serving the U.S. fleet and receiving active participation by the U.S. Navy while in Port, sharing their funds with many other Puerto Vallarta area charities and making Toys for Tots an incredible event on Three Kings Day.
Recently, I had lunch with an incredible Veteran living here part time over the years. Fred's life is remarkable beyond the normal survival story and it reaches into you. Because as a Jew living in what was turning into Hell he made his escape out of Germany as a young man, crossing borders from Holland to Russia, crossing Siberia, making it to Tokyo, and from there catching the last ship out to America before their attack on Pearl Harbor. Upon reaching America's shores, he enlisted for WW11.
While in this Hero's company, I had the occasion to shake hands with a Snowbird who called me a Leftist, (I apologize to all Leftist, If I'm tarnishing the label.) My German Jewish friend Fred, his Wife and I laughed long, hard and loud about it, as the creature scurried off to wherever little critters go.
My life is good in Puerto Vallarta, and speaking of good things, the American Legion will have its membership and dues meeting this coming December 20th at Steve's Bar, across the street from Roberto's and Miguelito's Restaurants, at 2 pm.
I have the 2007 Legion Cards to distribute right away, so bring dues money, ($400 pesos for the year,) so we can get them to National before the New Year. Please be on time, as our agenda for the New Year will be determined. Bring a Mexican National or a friend (man or women) and they can also join and be afforded associate member status.
The Veterans information given below as a Veterans Benefits update is for your benefit, so please take a moment to read it. Merry Christmas and a Happy New Year to All in Puerto Vallarta and Banderas Bay, and anywhere else Veterans and Freedom loving People dwell.
CHECKLIST FOR DIRECT SERVICE CONNECTION FOR A CHRONIC CONDITION
(A chronic condition is one which never really goes away. This basically means that the veteran has had the condition, perhaps in varying degrees of severity, since service. This checklist should only be used for chronic conditions.)
A. IS THE CURRENT CONDITION CHRONIC?
IS THE CONDITION ON THE VAS LIST OF CHRONIC CONDITIONS?
In 38 C.F.R. 3.309(a), the VA provides a list of chronic conditions. If one of these conditions manifests within the time period prescribed in 38 C.F.R. 3.307(a)(3), and the veteran has at least 90 days of service, then any of the listed conditions can be presumptively service connected, so long as the veteran currently has the condition.
If the answer to A. is YES, then the VA should concede that the condition is chronic. Proceed to the next question. [Note the VA will probably require that conditions that first manifest after discharge have to be listed in 38 C.F.R. 3.309(a).
B. DID THE VETERAN SUFFER FROM THE CHRONIC CONDITION IN SERVICE?
1. DO SERVICE MEDICAL RECORDS SHOW THAT THE CONDITION WAS DIAGNOSED IN SERVICE?
The best evidence that a condition manifested or showed itself in service is a diagnosis in the service medical records.
YES or No
2. IN THE CASE WHERE A CHRONIC CONDITION WAS NOT DIAGNOSED IN SERVICE, IS THERE LAY OR MEDICAL EVIDENCE THAT THE VETERAN EXHIBITED SYMPTOMS OF THE CHRONIC CONDITION DURING SERVICE AND A MEDICAL OPINION THAT THE SYMPTOMS DURING SERVICE WERE MANIFESTATIONS OF THE LATER-DIAGNOSED CHRONIC CONDITION?
YES or No
If you answered YES to A and to either B.1 or B.2, then there is a good chance that the VA should grant service connection for the chronic condition.
V. CHECKLIST FOR DELAYED DIRECT SERVICE CONNECTION (38 C.F.R. 3.303(d))
Many claims for service connection involve delayed direct service connection. A typical example is where a veteran hurts his or her back in service and some years after service is diagnosed with a back condition.
I. CURRENT CONDITION
A. IS THERE EVIDENCE INDICATING THAT THE VETERAN HAS A CURRENT CONDITION?
Check YES if the veteran:
Has a recent medical diagnosis;
There is a medical opinion or diagnosis indicating that it is as likely as not that the veteran has a current condition.
YES or No
II. EVIDENCE OF AN INCIDENT OR INJURY IN SERVICE
B1. IS THERE EVIDENCE IN THE SMRs OF AN INCIDENT OR INJURY IN SERVICE?
YES or No
B2. IS THERE LAY EVIDENCE, SUCH AS THE STATEMENT OF THE VETERAN OR ANOTHER PERSON, OF AN INJURY OR INCIDENT IN SERVICE?
YES or No
III. LINKAGE
C. IS THERE A STATEMENT FROM A MEDICAL EXPERT INDICATING THAT IT IS AS LIKELY AS NOT THAT THE CURRENT CONDITION IS LINKED TO THE INCIDENT IN SERVICE?
YES or No
If you checked YES for the question in I., for at least one of the questions in II., and for the question in III., you have a good chance of receiving a grant of service connection.
 David Lord served in Vietnam as combat Marine for 1st Battalion 26th Marines, during which time he was severely wounded. He received the Purple Heart and the Presidential Unit Citation for his actions during the war in Vietnam. In Mexico, David now represents all veterans south of the U.S. border all the way to Panama, before the V.A. and the Board of Veterans Appeals. David Lord provides service to veterans at no fee. Veterans are welcome to drop in and discuss claims/benefits to which they are entitled by law at his office located at Bayside Properties, 160 Francisca Rodriguez, tel.: 223-4424, call him at home 299-5367, on his cell: 044 (322) 205-1323, or email him at mophmx@@yahoo.com or david.lord@yahoo.com.
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