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Kryptonian78

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About Kryptonian78

  • Rank
    E-2 Recruit

Previous Fields

  • Service Connected Disability
    90
  • Branch of Service
    Air Force
  • Hobby
    fighting with the VA
  1. ALCON, Long story short I have no money and I am being evicted. I need the VA to give me a 100% disability rating as soon as possible. I have contacted my congressmen and my case has been fast tracked. Background 1. I handed in my service connected disability claim back on October 13, 2011 and I received a 90% service connected disability PROVISIONAL rating on August 1, 2013. However, Traumatic Brain Injury (TBI) was not included at all. My post-traumatic stress disorder (PTSD) claim was also not considered at all. Here is the breakdown of the provisional rating: Generalized Anxiety Disorder with Major, Depressive Disorder (also claimed as depression, anxiety attacks, sleep disorder, attention deficit disorder, adjustment disorder, chronic fatigue and obsessive compulsive personality traits) 70% Sinusitis with sinus headaches 50% Thoracolumbar strain 20% Left elbow strain claimed as bilateral elbow train 10% Left knee strain with degenerative joint disease, claimed as bilateral knee instability with arthritis and recurrent cysts, 10% Right knee strain with degenerative joint disease and Baker's cyst, claimed as bilateral knee instability with arthritis and recurrent cysts, 10% Gastroesophageal Reflux Disease also claimed as gastritis 10% My VA records clearly diagnose me with TBI. In fact it wasn’t in my military records but is in my VA records. TBI is listed throughout my VA medical records as an AXIS III diagnoses and with the additional medical evidence in my records I would say the rating should be at least a 70% if not 100% for TBI. The ratings for TBI are 10%, 40%, 70% and 100%. If you had 40% to the above, I am over 95 and thus get a 100% rating. 2. I had a contract with the Vocational Rehabilitation and Education (VR&E) counselor who resigned and now the VR&E will not honor that contract. The contract specified I should get $2900 each month for May 31, 2014, June 30, 2014 and July 31, 2014. The May 31, 2014 payment did not happen. Without that payment, I cannot pay my rent. I have spoken with Rodney Hackney the VR&E officer in Oakland but he never got back to me. I have filed a “Petition for Extraordinary Relief” in the U.S. Court of Appeals for Veteran Claims, docket # XXX. I also emailed the entire case to Mary Markey, Rodney Hackney, AND Michele Kwok, but to date, I have heard nothing back. 3. I filed a California Employment Development Department State Disability Insurance (CA EDD SDI) claim back in June 2013 but I am still waiting for a hearing. 4. Due to a United States Air Force (USAF) and Defense Finance and Accounting Service (DFAS) error, my separation and last three months of pay were calculated incorrectly. Instead of paying the $36,000 I was owed, the USAF and DFAS reported I OWED $40,000 and thus ruined my credit and my ability to get credit. There is a petition for a writ of mandamus in Federal District Court under XXX v. DFAS et al docket # XXX. 5. I have a Social Security Disability Hearing on August 21, 2014. I used to go to school but I failed out most likely due to my disabilities. If I can get to August 21, 2014 I should be good. I just do not have enough money or ability to get credit prior to August. I can only get a lawyer for Social Security. I am not eligible for California General Assistance (welfare) and/or food stamps because in the past twelve months I received student loans and/or the GI Bill but I am no longer in school so that is not an option. MY QUESTION. A little bird told me I have too many impairments and too much going on in my case and suggested I withdraw all appeals and petitions, then file new claim for TBI? I am trying to decide what to do but I want to use the correct terminology. Question 1: Do I accept the provisional rating, and withdraw all appeals and petitions, then file new evidence? Or Question 2: Do I withdraw all appeals and petitions, then file new evidence? Or Question 3: Do I have to withdrawal all claims, appeals and petitions, then file a new claim? I think I should withdraw all the appeals and petitions and then file just TBI as new evidence. That should increase my rating to 100%. What do you think?
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