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I'm Tired Of The Run Around Please Help!

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soldieofchrist4id

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Let me first start off by saying thank you to all the veterans no matter how long ago it was you served. Thank you for you sacrifice and heart for this country. May God bless you all!!!

Well my name is Joshua Holm let me first start by saying I am a proud Iraqi freedom of 03-04 with 4ID. I am a father of two wonderful children and today is my eighth wedding Aniversary to my gem my wife Crystal who has literally been there for me through thick and thin. Well I am almost 27 and I went to Iraq in 2003 with 4ID in June 2003 we were doing house to house raids and there was someone in the roof of clay hut. I was shot with a double barrel shot gun two slug to the center mass of my chest. I was told that two to five more pounds of pressure would have broken my sternum which would have then splintered into my heart which would have then killed me instantly. In Sept 2003 I was on a detail of burning poop we had to take shifts doing this due to lack of plumbing. We began to take enemy mortar rounds they were using the light of the fire to walk the rounds into our camp. I was on the OP and was not aware of the incoming mortars until it was almost to late. I flipped the crap and began to run after first letting one of my soldiers go about a minute ahead of me. Well to make a long story short I never made it to the bunker. I was running and took light shrapnel wounds to my the side of my right leg. While running from the incoming mortars i fell in a spider hole right before I made it to the bunker. It was about 10 to 12 ft deep. I was knocked out for 30min + ?. when i woke up there were no more mortars and they had already called all clear. I was pulled out of the hole and taken to the medics. They just gave me motrin or (skittles) and put me on light duty for 2 weeks. I didn't know I took shrapnel until about 3-4 weeks after it happened. I was cut up from head to toe from the fall. My feet and legs began to swell i thought it was from the constant on the go. When we returned from Iraq the legs got even worse and I was put in leg braces and a wheelchair. i was prideful so i never wanted to use the chair. I was in a MVA in Sept of 04 on post. I was T-boned at a 4way stop the truck was going 47 mph. I was put into a neck brace for about 4mths. After being messed around by the medical I got fed up of the run around and ETS ed in June of 2005. I was already making more money with my maintenance company then i was making in the military. I learned how to walk again and was only using a cane on bad days but used both knee and ankle braces almost everyday. I went to the VA right away for headaches/ and pain in my feet and legs. By 12-05 I was given 10% for flat feet due to the fall in 03. I was happy with that until I found people that where getting disability for just about nothing. By DEC 2006 I was getting 60% for feet/ sleep apnea. In 2007 I got a increase of 90% for headaches/ lower back pain/ both knee / ankle and left soulder.

In the fall of 2007 I was told by the VA to either let my maintenance company up or they would stop all my benefits. So I did as they told me to and started going to VRE or Chapter 31. In June of 2008 I got a call from a social worker at the VA she called to tell me I missed a follow up appointment for TBI this the first time I ever heard of this. Later she found out back in 2005 I was given a Cat scan and a doctor prognoised TBI but never scheduled a follow up exam. They began to do diffrent brain test. On July 15, 2008 I fell in the middle of the grocery store and had my first seizure it was a grand mal. I losed control of my bowels and everthing. Since then I was hospitalized a few times I am on lots of seizure/ migraine meds. My wife drives me. On May 1st 2009 I was at my house making koolade for the kids when I passed out in a sezuire state and was hospitalized for seven days. my head bonced of my countertop then hit the floor. I had blood of my brain and lots of fluid build up. I was told by one doctor i had a slight anurysum. I had partial pralisses on my left side. I have been in a wheel chair since May I use a wheelchair on a daily basis. I have a custom manual ultra light wheelchair. I can't feel my entire right leg when i feel it it stings like pens and needles. In late 2008 I put in for SSA a was granted within 24 days after i put in for I fell under

the wounded warrior act. I finally put in for 100 ui but was denied b/c i was trying to do vre. I appealed it in fed 2009 in may my dr put in for A&A and they also put me n for PTSD, depression, seizures, and dental trama I am still waiting. Ok considering my condition what will I probably get for A&A and how is it configured? What should i do almost all my field records were lost by the miltary. i got lay statement written by my platoon sgt and my crpl who was the one who pulled me out of the hole and took me to the medics. The medic that removed the shrapnel from my leg/ knee didn't make it back there second tour. My old battery commander is dead, the medic, my supply sgt dead. All I have left is the crpl who is now a ssg and is still active. I never even got a purple heart. I have the scars from the light shrapnel wounds. I just did what i was taught suck it up and drive on, adapt and over come. I thought I was superman but did norelize I had crytonte in my pockets. Any advice would help i thank you agian and God bless you all.

Joshua Lee Holm

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to add one more thought here-

it does appear that VA misdiagnosed you and possibly caused you additional residual disability due to their failure to diagnose and treat the TBI in time.

But that would take a strong medical opinion to state that their negligence did damage you.

After you posted you get the SSA award for the TBI-this is bonafide evidence for the TDIU or 100% rating.

When they make the decision and if it is favorable to you for the 100 or TDIU, then I feel you could disagree with the earliest effective date to see if it can go back to the earliest date the disability arose- meaning the date they knew via MRI of TBI- and failed to diagnose and treat it.

I have similiar claim for SMC under 1151 pending and am filing disagreement with my recent award due to lack of SMC consideration.

These claims stem from a past Section 1151 award.

Once VA makes a decision and gives you an effective date then perhaps a Section 1151 claim would be appropriate for additional retroactive compensation.-or a Request for Reconsideration based on the possible negligence.

Do you have a vet rep?

If so have they considered that angle?

Edited by Berta
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This has nothing to do with nothing and welcome home and thanks for your service. Interestingly, I was with the HHC, 4ID that deployed to the Gulf and I too fell in a 12-15 foot (commander said 15 foot, First Seargeant said 12) no one was sure where it came from. I have had small seizures as well and they claim I was cleared of all head trauma via CT. However, like you they misdiagnosed some things and didnt find out until 7 years later that I had major spinal injury. I too am in a wheelchair and have been since 2004. Its been a long haul but dont give up keep fighting and you may have to also get some independent specialist to evaluate you and back up your claim in addition to what the VA docs note. I did and it helped my claim. I definetely followed through with alot that I learned on hadit and as result was successful. Today I still have memory loss, PTSD, major depression, bulging disk, no TBI though and whole lot of spinal diagnoses, bilateral sciatica, loss of use of my left foot. Major weakness to the right arm. I am left handed, thank goodness for that. Things will take time but it will get done and you will get your due as long as your persistent and consistent. God bless. BTW the HHC, 4ID was from Ft. Hood, Texas. Hang it there and make sure you pursue those state benefits as well every little helps.

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You sure deserve a PURPLE HEART. You should write

g. Any member of the U.S. Army who believes that he or she is eligible for the Purple Heart, but through unusual circumstances no award was made, may submit an application through military channels, to Commander, PERSCOM, ATTN: TAPC PDA, Alexandria, VA 22332-0471. Application will include complete documentation, to include evidence of medical treatment, pertaining to the wound.

h. As noted in a above, the Purple Heart may be awarded to civilian nationals of the United States. These individuals must be serving under competent authority with the Army when wounded. Serving under competent authority with the Army will include those eligible persons who are employees of the U.S. Government in a duty (pay or official travel) status when wounds are sustained. Examples of eligible individuals are as follows:

http://www.purpleheart.org/

Some gave all, all gave some

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  • HadIt.com Elder
...I was shot with a double barrel shot gun two slug to the center mass of my chest.

I was running and took light shrapnel wounds to my the side of my right leg. While running from the incoming mortars

Joshua Lee Holm

Didn't you receive a Purple Heart???

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[The medic that removed the shrapnel from my leg/ knee didn't make it back there second tour. My old battery commander is dead, the medic, my supply sgt dead. All I have left is the crpl who is now a ssg and is still active. I never even got a purple heart.

I dont think he did according to his post.

quote name=Commander Bob' date='May 21 2010, 02:24 PM' post='202195]

Didn't you receive a Purple Heart???

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