Decorated War Vet Denied VA Benefits on Appeal

San Francisco, CAA decorated soldier from Vietnam who still experiences flashbacks and physical pain from bullet and shrapnel wounds in his back was recently told by a federal court that he would not receive VA disability benefits under Social Security. It was the Court's view that he could still perform work and thus did not qualify for benefits.

The 8/3/10 edition of the San Francisco Chronicle revealed that James L. Turner, now in his mid-60s, was ordered to crawl through Viet Cong tunnels with a pistol, a knife and a flashlight in search of hostile forces. During one of those searches, Turner and his platoon discovered the remains of seven US soldiers, all of whom had been skinned alive.

According to his doctor—who supported Turner's claim for veteran benefits—his tour of Vietnam invades his thoughts daily. He has trouble concentrating and avoids crowds. At the remote ranch where he lives alone, he checks the property on a regular basis for tracks and footprints.

The doctor reported that Turner "jumps clean out of his chair" whenever the phone rings.

Turner was pronounced 30 percent disabled in 1987 by the Department of Veteran's Affairs, but was listed at 100 percent ten years later. Turner, who sued for benefits, first applied for VA disability from Social Security in 2002.

However, the Ninth US Circuit Court of Appeals in San Francisco ruled 2-1 on August 2 that the plaintiff's emotional condition would not preclude him from holding a job where he could work alone doing simple, repetitive tasks. The ruling also found that the statements of Turner and his doctor lacked independent verification, and that the VA's assessment was not binding on Social Security or the courts.

The dissenting opinion came from Judge Ronald Gould, who suffers from multiple sclerosis and is wheelchair-bound. In an impassioned statement of dissent, Gould maintained that the Plaintiff's medical testimony established him as severely impaired and potentially dangerous to himself and others if suddenly thrust from his isolated environment.

"Turner is the real deal—a decorated Vietnam veteran with two Purple Hearts who had a hard time of it over there, and who, back here, has a hard time of it getting his entitlement," Gould said.

He called the Social Security Administration "deaf and blind" to Turner's plight.

Turner's legal counsel wondered why it was so difficult for disabled veterans who serve their country from afar and often bear horrific physical and emotional scars to apply and receive disabled veterans benefits.