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Here Is A Snapshot Of My Claim For The Last 12+ Years

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I was injured in field manuvers in 1995 and ruptured a testicle, turns out it was a Saturday had trouble getting me out of the field for one reason or another. I was finally evac'd to a local civilian hospital for ER surgery and removal of the testicle. I then went to my parents home for what I thought was going to be a 2 week vacation minus one of the fellas. I however received a phone call from my Colonel saying I was getting orders to report to Ft Sam Houston because I had cancer...click...real bed side manner in an Infantry unit. I then reported to FT Sam Houston for tests and then had to have an RPLND (basically remove the lymph node from my abdomen) the cancer was spreading. At that time they also removed the residual cord from the removed testicle, so two cuts for the price of one. However the surgery they did was terrible every doctor who has seen my scar which is approx. 1''x 18'' and goes around the left side of my belly button has said who did this "Freddy Krueger"? I then went back to my unit for about 3 weeks until I was going to start chemo (Platnum based 21 day cycles) so 21 days on 14 days off for 3 cycles. YUCK....

I then went back down to Ft. Sam for a routine follow up appointment, ok for those that don't know Ft. Sam Houston is the training facility for the Army medical. My normal Oncology Doctor was on vacation and the "New In-Training Doctor" saw that the lymph node in my left leg were enlarged, but my blood work was normal with normal tumor markers. I asked if that could have been from the abdomen lymph nodes being removed and the ones in the leg having to work overtime...I got no answer and a scheduled for a needle biopsy that he wanted to perform..he was very GI JOE. So the needle biopsy came back negative for cancerous material. So somehow he convinced someone above his and my pay grade to do a "Explorative OPEN Biopsy" this was to be a non-removal as he and his colleague also "In Training" explained. This is where this story gets scary.....if you aren't cringing already. I went into surgery the very next morning and during the surgery (turns out EVERYONE was "In Training" this week) I WOKE UP not the hearing them, can't move or talk but the whole...BAM WIDE AWAKE. felt extreme pain and burning where the incision was and them talking saw and saw the blue curtain and looked over and said "Um Hello" and was given a shot and went back to sleep for what felt like only another 30 seconds...that is right a woke up AGAIN and this time not being as polite I said " You have to be F#$%ing kidding me" and someone said " Oh $h!t" and was given another shot and took forever to wake up in the recovery room this time. The two guys who were more concerned with getting off of work then my care were on the ohone and this time I did not wake up immediatley I could hear but not move or talk this time and tell them I had to use the bathroom and that I felt like I was about to puke, but they realized i was coming to when i wet myself and almost drowned in my own vomit, at that time they half-ass cleaned me up enough to get me out to the ward to have the florr nurses clean me up so they could get off of work...SO THAT IS RIGHT 2 counts of Anesthesia Awareness in the same Surgery that has led to PTSD issues when I try to fall asleep to this day..

Now having 2 sets of lymph nodes removed and chemo and huge scar. Ok so the lymph node removal which no one explained causes LYMPH edema in the extremity it was removed from. So the abdomen one cause abdomenal swelling and this swelling and fluid build up in my abdomen also causes fluid build up in my remaining testicle which creates a hydro seal ( that the VA still needs to correct) The Lymph edmea in my left leg causes such severe swelling and pain that it has split open about 5 times now and needs IV antibiotics when it does and hospitalization. The day to day maintenance on my leg is that if the surgical stocking/ TET hose for swelling even fits that day when I wake up then I can only wear for awhile and for every 1.5 to 2 hours of either sitting, walking (yeah right I wish I could walk for 2 hours anymore) or standing I need to laydown and elevate my leg for an hour or so just to get it back down to a managable size where the skin is not stretched to the max and transparent and my toes don't feel like they are going to shoot off. The pain and pressure leads to migraines the vison/hearing and tooth pain all add to that as well. The lack of sleep and panic and anxiety which if anything disturbs me right at that point when I am lightly sleeping or about to fall alseep triggers a panic attack from the waking up in surgery thing the doc tells is a PTSD thing. so Using the VA's own definitons and codes and the percentages they recently sent me 7121 (Lymph Edema) massive board like edema with constant pain at rest 100% I have that and have had that for I don't know since before discharge is the first time I had my leg split open. PTSD rating for me is only a 30% to 50%, knee instability 5257 20%, 5260 Leg Flex 20%,5261 Leg Extension 10%, 5270 Ankle 30%, 5271 Ankle limited motion Marked 20%, 7801 Scars other then head 20% using their own math on recent paperwork sent to me I should have been 100% awhile ago.

So they asked for a reply with job and employer information to an employers all the way back to late 2001 to establish effective date. I know they should consider 1996 for my conditions and would love if they would but I could live with 2001 as an effective date it. I mean in 1996 I went on TDRL at 30% to 2000, then was re-rated to only 50% and then only re-rated to 80% in Jan 1, 2008, but i seriously beleive they set it up so I could not sue for Malpractice for Anesthesia Awareness under the Federal Tort Claims Act because those that are associated with PTSD can get anywhere from $150k to $350k, and then the VA has been just been barely doing anything to save a buck when their own codes and definitions say I should have been getting more all along. I Loved being in the Army and would have been a lifer if it wasn't for this. I encourage anyone to join the military to find out what they are capable of becoming, and I am encouraging my own sons to join when they get old enough if they so desire, but it is the job of us who have come before them to insure that what we have gone through doesn't happen to them.

We need to take care of those who served before us, and for those who are bravely serving NOW and for the future soldiers yet to come, that is our new mission to educate and protect through our knowledge..

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They will probably use the date of your sub,mission of the 21-8940 TDIU form as the date for any TDIU retro.

If you get SSA for soely the service connected conditions- and the SSAw disability award preceded the TDIU award when it comes- by at least one year- you cpuld get a year prior to the date of TDIU form for TDIU retro.

Of course they subtract whatever comp you already got from the retro check.

Due to Feres Doctrine the Mil cannot be sued.

My daughter just got a estimate ( a very high one)on some dental work she needs now because it was not done properly in the mil a few years ago.

There are many vets like you-with by far more serious problems then her --that incurred in the Military.Whatever it is can become very costly for the vet in time-and in increased disability There is always talk of getting Feres repealed.

Join us down at the Claims Research Topic-

and Welcome to Hadit.

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