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?

[mobie16r]

Forgotton Soldier,How many purple hearts do you have?I am not a medical profession,but sound like you may have PTSD.If so you need to go ahead and submitt a claim asap'

mobie

[Testvet]

they do have rules against drawing disability benefits while on NG status and activations if you needed surgery for injuries recieved on active duty while in Iraq why did you let them discharge you before the surgery was done? Are you completely off all duty status now or are you still in the active national guard and doing drill week ends? You have way to many spoons in this soup.....

[SeattleShay]

I had to give up 4 UTA's (as they were called back then), or my 2 days drill every month and annual training pay OR my VA 2 days a month and the 14 days for AT after I received my comp in '84. My unit technician explained the regs to me, but it was up to me to report to VA what I wanted to do.

Guess I was lucky that someone knew what was up, because VA NEVER told me the regs.

I have seen Reservists that they took an entire year's worth of weekend and AT money at once.

You can claim hardship and the VA will take payments.

It's the old "double dipper" rule.

Certainly not fair.......