Va Denial And Revoked Disability - Do I Have A Case?

[helpmesue]

Hi, I'm posting this for a friend. I am hoping some of the vets on this board can help him.

"I am a 2x vet of Iraqi freedom, injured while training to go to Bosnia, given a 10% disability for my knee. Reinjured it again in 2007 while in Iraq after several IED's. Came home to fight to have a manditory TBI screening, told i was depressed. Had to fight to have the knee fixed again on the outside. The VA stated there was nothing wrong with my knee, my doctor said i had softening of the lining of the bone and synovium, it was fixed. I was told by the VA hospital to file 100% temp claim, denied because i was not "on my ass for 30 days" I was told to try and walk asAP. convieniently I was sent 2 letters on a saturday, one denying the temp and the second taking away my 10% for serving my country again in Iraq, I am now in a financial hardship and I need help."

What should he do? What can he do?

[rentalguy1]

Ok...let me ask a few questions.

1. Is this guy currently in the military, reserves, or national guard?

2. Was he receiving VA disability compensation while serving in the military in Iraq?

3. What are the reasons given (exact wording) in the proposal to reduce compensation.

4. Is this 10% rating for the knee the only rating this veteran has?

5. How long has the 10% rating for the knee been in effect?

[john999]

How long since your were discharged from active duty? If you have any claims to make do it before one year passes from ETS. If you were injured during combat then the VA is supposed to take your word for it. You probably need a private doctor's opinion that your injury is service connected. Get all your medical records and personnel records. You want to show the SMR's to your doctor so he can review them and make a report. Keep posting and you will get more advice.

[Pete53]

Once you are service connected you have an easier fight but you should get some help. Sounds to me this Veterans has more problems than his knee?

[carlie]

On the 10 % reduction issue:

Did you get a Proposal to reduce prior to VA taking the 10 % away.

Did you file a response to it ?

carlie

[forgotten soldier]

On the 10 % reduction issue:

Did you get a Proposal to reduce prior to VA taking the 10 % away.

Did you file a response to it ?

carlie

I have gotten a proposal and was told that because I did not report my drill dates in 2006 that i was going to have to accept the "reduction". I was never told nor was it explained to me that I have to either accept disability or drill pay, well drill pay is much better. I was told that the law says that i cannot have both even though I was injured on duty and "i deserve compensation" the gov't says no even though it was for my country.

My responce? not yet, i am waiting to get the new medical paper work from the doc who did the surgery again on my knee. I was also denied temp 100% because i had to have surgery on the same knee after being blown up 6 fricken times in 2007 in iraq. I could not walk until about week 5, still under his care and it may be 3 more months before he releases me. You have to be on your butt for 30 days in order to get the temp dis. The VA made the decision before they had received everything they requested fro my doc. My doc still has not supplied them with what they needed and while he was being told to do so they decided against me. I have never had so many problems with this system in my life. I was suppose to be seen immediately after returning from Iraq for TBI and it took 3 months before the VA made the appointments and then they stated in their notes that I was just depressed and jeolous of poeple who were doing better than myself. I said, WTF?

I am seeing a TBI/PTSD facility outside of the VA because they are treating me for actual TBI/PTSD issues and they have declerd that I have both. WTF is wrong with the VA system?

[forgotten soldier]

How long since your were discharged from active duty? If you have any claims to make do it before one year passes from ETS. If you were injured during combat then the VA is supposed to take your word for it. You probably need a private doctor's opinion that your injury is service connected. Get all your medical records and personnel records. You want to show the SMR's to your doctor so he can review them and make a report. Keep posting and you will get more advice.

i just came off active duty in august, i am not ETS ing until 2012. I have been injured just about everytime i have been deployed and i get the same treatment...........i am done with this crap i have been trying to join in class action suit against the VA. look up Diability Rights Advocate to see the 100 pg cliam against the "SYSTEM".