Hi everyone. I'm so glad I found this site. This is bit of a long story so please bear with me. I'm not sure where exactly to start with this and was hoping some of you could advise me.
In spring of 1987, after serving 2yrs in Army Reserve as a Combat Engineer (12B), I decided to go active duty. A pre-enlistment medical examination at the Beckly WV MEPS center found me to be without any conditions that would disqualify me for service. Shortly thereafter, though, while on leave, I crashed a motorcycle and spent a couple of days in the hospital due to various injuries.
I then had to go back to the MEPS to have the doctor reexamine me. Again, I was a cleared for active service and sent on my way to active duty.
During active duty, I injured my back, multiple times from carrying heavy loads. By then I was in Germany and it was then noticed that I had a condition called Spondylolisthesis. The Army then subjected me to numerous xrays, a bone scan, and physical exams in Nuremburg. All of those finding were then sent to Walter Reed for medical board review. I never did one day of PT while in Germany for the 14 months I was there.
Several months later the Army medical board review came back saying that military service was aggravating this condition and thus declared me as 10% disabled. I was then given orders for an honorable discharge and severance pay and exited the Army in August of 1988 at Ft. Jackson, SC. I don’t recall receiving a discharge physical.
When I got back home, I promptly filed my medical claim with the Huntington WV, VA. They reviewed the case, but never gave me a C&P exam or a physical, and eventually denied me as being service connected. I appealed and also tried later using a VRO which didn’t help and was promptly rejected again.
I also was limited for any further medical care since I did not meet the 24-months of continuous active service requirement even though my DD214 clearly states that I was discharged for disability and given severance pay (which nullifies the 24-month rule). They did see me on a few occasions at the clinic due to my low income however by then I was on Medicade and began seeing a private physician.
About ten years ago, without any assistance or records, I filed electronically hoping that the VA would review my service medical records and grant my claim based on the clear findings of the MEB. Again there were no C&P exams, consultations, or physicals and was again rejected due to no “New and Material” evidence. By then I had decided there were other vets worse off than me and gave up.
After living in Ohio for the past few years, I recently began having headaches and went to the Cincinnati, VA Hospital ER for help and to make sure I wasn’t having a stroke or unknown tumor in my head. While there the eligibility office discovered that the Huntington VA had made an error in denying my eligibility for services. She said that the 24-month rule was nullified due to the fact that it says on my DD214 “Physical Disability with Severance Pay” and entered me into the system as eligible for services.
This got me to thinking that I should reopen my claim since the Cincinnati VA said the Huntington VA was in error.
My back continues to deteriorate but I have no records from my private medical doctor (retired/died) from the 90’s. There wasn’t much she could advise on my back then anyway other than to tell me to take it easy, try to strengthen abdominal muscles, etc. So I have nothing to show from the 90’s.
In the early 90’s I was also diagnosed with Depression and placed on medication. I continued treatment until 2012 (had to stop due to no medical insurance). Sleep Apnea was also discovered within the last decade. The treating physician said that more than likely I had sleep apnea when I was in the service (I could sleep in or on anything). She said she could write a letter stating so if needed.
I’ve requested a copy of my files from previous physician, and from National Archives in St. Louis which I’m praying contains my MEB decision and all of my treatment records while in Germany.
Since I have been declared “eligible” for medical services, I am hoping to soon begin evaluation of my various conditions.
Questions: Would I have to start a new claim? I looked on eBenefits for previous claims and don't see any records.
If I start a new claim and won, would I be able to claim retro pay? If so, how?
Is there clear and unmistakable error in this with Huntington VA claiming I didn't have the 24-months? What about not getting any C&P exams?
I'm off to see a county provided VRO but was wondering if I should see a lawyer for this or my congressman as he takes vet casese.
Question
Manonfire
Hi everyone. I'm so glad I found this site. This is bit of a long story so please bear with me. I'm not sure where exactly to start with this and was hoping some of you could advise me.
In spring of 1987, after serving 2yrs in Army Reserve as a Combat Engineer (12B), I decided to go active duty. A pre-enlistment medical examination at the Beckly WV MEPS center found me to be without any conditions that would disqualify me for service. Shortly thereafter, though, while on leave, I crashed a motorcycle and spent a couple of days in the hospital due to various injuries.
I then had to go back to the MEPS to have the doctor reexamine me. Again, I was a cleared for active service and sent on my way to active duty.
During active duty, I injured my back, multiple times from carrying heavy loads. By then I was in Germany and it was then noticed that I had a condition called Spondylolisthesis. The Army then subjected me to numerous xrays, a bone scan, and physical exams in Nuremburg. All of those finding were then sent to Walter Reed for medical board review. I never did one day of PT while in Germany for the 14 months I was there.
Several months later the Army medical board review came back saying that military service was aggravating this condition and thus declared me as 10% disabled. I was then given orders for an honorable discharge and severance pay and exited the Army in August of 1988 at Ft. Jackson, SC. I don’t recall receiving a discharge physical.
When I got back home, I promptly filed my medical claim with the Huntington WV, VA. They reviewed the case, but never gave me a C&P exam or a physical, and eventually denied me as being service connected. I appealed and also tried later using a VRO which didn’t help and was promptly rejected again.
I also was limited for any further medical care since I did not meet the 24-months of continuous active service requirement even though my DD214 clearly states that I was discharged for disability and given severance pay (which nullifies the 24-month rule). They did see me on a few occasions at the clinic due to my low income however by then I was on Medicade and began seeing a private physician.
About ten years ago, without any assistance or records, I filed electronically hoping that the VA would review my service medical records and grant my claim based on the clear findings of the MEB. Again there were no C&P exams, consultations, or physicals and was again rejected due to no “New and Material” evidence. By then I had decided there were other vets worse off than me and gave up.
After living in Ohio for the past few years, I recently began having headaches and went to the Cincinnati, VA Hospital ER for help and to make sure I wasn’t having a stroke or unknown tumor in my head. While there the eligibility office discovered that the Huntington VA had made an error in denying my eligibility for services. She said that the 24-month rule was nullified due to the fact that it says on my DD214 “Physical Disability with Severance Pay” and entered me into the system as eligible for services.
This got me to thinking that I should reopen my claim since the Cincinnati VA said the Huntington VA was in error.
My back continues to deteriorate but I have no records from my private medical doctor (retired/died) from the 90’s. There wasn’t much she could advise on my back then anyway other than to tell me to take it easy, try to strengthen abdominal muscles, etc. So I have nothing to show from the 90’s.
In the early 90’s I was also diagnosed with Depression and placed on medication. I continued treatment until 2012 (had to stop due to no medical insurance). Sleep Apnea was also discovered within the last decade. The treating physician said that more than likely I had sleep apnea when I was in the service (I could sleep in or on anything). She said she could write a letter stating so if needed.
I’ve requested a copy of my files from previous physician, and from National Archives in St. Louis which I’m praying contains my MEB decision and all of my treatment records while in Germany.
Since I have been declared “eligible” for medical services, I am hoping to soon begin evaluation of my various conditions.
Questions: Would I have to start a new claim? I looked on eBenefits for previous claims and don't see any records.
If I start a new claim and won, would I be able to claim retro pay? If so, how?
Is there clear and unmistakable error in this with Huntington VA claiming I didn't have the 24-months? What about not getting any C&P exams?
I'm off to see a county provided VRO but was wondering if I should see a lawyer for this or my congressman as he takes vet casese.
Thanks to you all for any advice.
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FormerMember
Whooooooo, doggies. This smells like Friday's fish dinner about Monday before the garbage men arrive, Berta. If what he's saying is true, he's got a world class- CUE. This needs explicit development s
broncovet
You have gotten answers from the "best of the best"..ask nod and Berta. I will add my 3 cents worth. I agree with Berta that the first thing to do is order your cfile. You have to see what is ac
FormerMember
Loyal, if you have already filed for this and been denied, remember that a new filing is considered a "reopen" of the old, previously denied (and unappealed) claim. You will never be able to attain an
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