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Prockey

Seaman
  • Content Count

    2
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About Prockey

  • Rank
    E-2 Recruit

Previous Fields

  • Service Connected Disability
    50%
  • Branch of Service
    USA
  • Hobby
    Writing
  1. @Vync and @TALON II FE, I appreciate both of your encouragement. @Vync, that info is extremely helpful. I'll use it as a roadmap from here. Thank you.
  2. I'm new. Please forgive me if I am breaking protocol by creating a new post, but i looked and could not find anything specific enough to answer my question. Any help is appreciated. I'll try to be short. I am currently 50% rated for MDD. My first claim however was for a back injuries suffered while in service. I was a paratrooper in the 82d ABN during the gulf war and was in the Towel Stadium shooting at Ft Bragg in 1995. I was treated for psych issues while in service due to the event. I did complete my service and ETS'd honorably. I was offered 30% disability for my back during outprocessing, but told that if I accepted that I would only be able to work so many hours and with a rating that small and those few hours I "probably won't be able to support a household." It was a scare tactic used to get me to turn down the disability, and it is hurtful to think about. I filed my first claim in 2010 because my back had gotten to a point that was seriously effecting my ability to work. That claim was denied because, 'although your current treatments and diagnosis are similar to treatments and diagnosis during service, we are choosing not to service connect them at this time. To which I appealed and was denied again. The VA has fee based me for a spinal fusion, and that seems to be some sort of acknowledgement of responsibility. After speaking with a counselor at the DVS, I was told that I was basically asking VA employees to side against the VA and needed to get a Nexus Statement from a private Dr supporting my claim. I did this 2 years ago, whereas he used the language 'almost certainly' due to my military service as a paratrooper. That claim was also denied because, 'the statement made by a previous (not most recent) QRT Dr was longer', so they chose to refer to it. I was however, awarded a 50% rating for MDD although it should have been filed as PTSD, by this same DVS employee. He said that when it reached the QRT psychologist, that she could adjust the diagnosis. She said in turn that she did not have that ability and that he had lied to me. Nonetheless, rather than appealing the back again, I filed for PTSD and several different back issues (Stenosis, Arthritis, Injury, etc) hoping that my issues would fall under any of those, as well as shoulder (arthritis) which I have been diagnosed and treated for through the VA. Today, I spoke with a DVS employee who told me "Congratulations! Your claim is being approved for award now and you should receive a letter in the mail within the week." I asked her what the ratings would be and she said that I had been rated 50% for PTSD and 20% for my back, both service connected. So, I should celebrate? My shoulder claim was denied because they were "choosing not to service connect at this time." A familiar statement. Also, isn't effectively what happened is that they simply approved the PTSD for the same rating as MDD, which will only account for the same 50% award as previous? And adding the 20% for my back to that will only elevate me to 60% total? My back is at least as impairing as my depression and PTSD. In fact, it exasperates them! I can't stand for more than a few minutes, and never without pain. I can't sit without pain. And, I am often bed ridden for days or weeks, or forced to walk with a cane- from something as simple as a small cough or sneeze. Why will they medicate and prescribe pain pills and major surgery, but not compensate? I don't want to take the flexerils, and hydrochodones, along with the mirtazapine, prazoscin, and trazodol. Now, I'm just a zombie. And, my kids don't understand why I can't play with them... or bend over to hug them. And why can't I get my own service medical records to help my case? Twice, I've requested them only to receive some letter about a fire... that occurred in the 70's?! I joined in the 90's! The last nail in the whole situation thus far is that my intend to file was filed on June 6. I even received a letter acknowledging it. But the date on the decision is Nov! Even after I faxed them over a copy of their own letter I was told that they would not be addressing the date at this point. I don't know what to do at this point. Appeal with no new evidence, but simply disagreeing with the rating? I feel like I'm being run through the wringer and it is taking such a toll on me. It affects our family as we feel constantly put on hold and waiting for next year. I feel like there is a bag over my head at this point. I am not asking for the moon. I'm not making a bunch of false claims to just get some money... I just want some help and compensation for the things that are debilitating me. Can anyone offer some experience or wisdom as to how to move forward, someone who can help, what step to take next. I just want some help. Thank you in advance. God bless.
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