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SamNezzer
I posted this somewhere else and am not sure about all the jargon, or initials or really how to get around this site yet, and I can't sit at the computer too long, my back hurts and feet go numb (literally).
I don't want to post a ton of information if this is not where I need to be, so let me sum up:
I enlisted 12/6/1994 and was medically discharged 12/12/1995 with a 10% disability and given a lump sum of $2,112 for Bilateral Plantar Facitis. I Filed a claim upon leaving the military (as I was told) moved to California and assigned the American Legion reps to handle my stuff. On 4/16/1997 I was denied all other claims (I submitted 10 in all) except Anemia and given 0% for that and my original disability was dropped to 0% as well. I appealed and received a letter on 9/30/1997 to submit another form 21-526 which I had originally used in the first place on 11/24/1995 and 8/26/1996. I have no records or recolection after that and basically gave up because I didn't have new information and my marriage was going sour. I never heard back from the American Legion (they weren't very helpful to begin with). Nearly 10 years later, I am having some serious nerve damage in my neck which shows up in my arms as loss of sensation (one of my original claims that was denied). I've discovered that I have osteo arthritis in my neck and many of the 10 things I originally claimed are connected symptoms. I also claimed chronic UTI's and recently had to have a sling placed over my bladder for this issue in November of 2004. My grandfather, Conrad Holsomback, told me about this site and to reopen my claim. I know this isn't short, but my main questions are:
1-How can they reduce a % that was the cause to kick me out of the military and I was told is not reversable? I have to pay a higher co-pay if I am less that 10%.
2-Is there anyway to get my claim retroactive or do I really have to start all over?
3-How can they start paying from the date the claim is filed, yet when they dropped my % they made it retroactive to the day I was discharged?
4-In their denial letter, the findings state that certain test results "were not available for review and will be requested for consideration"; "the VA exam noted this condition by history only"; "this condition was not noted on the VA exam"; reports three episodes during April, July and September 1995, but "there is no evidence of chronic condition" and finally with my current issues "the diagnosis showed a history of symptomatic paresthesias with prolonged use of the hands"
How is that any basis for an answer and how can I appeal this now, nearly 9 years later?
I really need help and am furious that I didn't stick this out before, but I was nearly 22 and had other issues to deal with. I still have issues, but this is now a persistent problem and I am so frustrated that they treat people like this when they are unknowing of how to "use" the system.
I didn't pursue it because I didn't have any new evidence and they didn't use the evidence they got or search for the problem that related to the symptom.
I claimed for a heart murmur they found while in; chronic UTI's that still persist enough to have had surgery 11/2004; chronic ear infections; chest pains (I think these are related to my current problem); allergies (these are a big time problem now); nerve damage in my Left wrist (major issue); a misscarriage; and rashes (still persistent). I mentioned above they were all denied but the original feet thing (although it was decreased) and Anemia. Now I think many are symptamatic to my neck and I have blood tests that say I have rhumatoid arthritis as well, but I am not sure where, as I have knee (previous condition from prior military) and wrist issues. I am currently in a lot of pain and loosing my mobility and dealing with other things.
I am mostly angry and how I was dooped with my original claim and want to see if they can really get away with that and just grant me what they grant me from this point forward or if the insufficient information they provided can be cause for a mis- something on their part and make my claims retroactive to 12/13/1995.
PLEASE HELP DIRECT ME
I am going to the VA clinic tomorrow to get re-registered and see if I can get in for my "non-service connnected" ailments.
THANK YOU
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