Just Another Noob

[Joe Everyman]

I'm nothing and nobody special, but I'm here because I'm angry and have to speak up. This seems like a good place to say what needs to be said, and then maybe it will be easier for me to deal with life.

About me: I joined the service during the first Gulf War, but spent my entire time in the continental U.S. I enlisted in Mortuary Affairs and worked on a rotation to the local county morgue as part of a joint training program between the army and local government. During my time at the morgue, I saw all manner of wonderful things, including the frozen screams which you may often find on the charred faces of little babies killed in a fire. I also saw fathers and mothers killed by criminals and little children beaten to death by those who should have protected them. I never served in war, but I never can forget their faces just the same.

The army couldn't send everyone in my occupational group to the morgue all the time, so we were put to work in other useful ways, such as picking up cigarette butts and parading around to the satisfaction of touring generals. The other days? Inspection, equipment maintenance, reefer unit packing and unpacking 101, and, best of all, inventory--how many times do we have to count these body bags, sarge? Until I get tired, private. I joke, but this was life. Can't believe it? Oh, beautiful Fort Lee, how I've missed you. Only two hours from Washington, D.C. and no real peace time missions for my MOS. One day, they asked for volunteers and I, desiring a more meaningful service to our nation, stepped forward. That was my first mistake I guess. I was assigned to a battalion task force that would save Uncle Sam money by taking over the duties of a particular service mission that was previously contracted out to private industry. I possess an award certificate with my name on it proving that my efforts helped save our government $350,000. I did not serve in battle or take a bullet in the hip, but I was injured during the mission--doing my job and attempting to fulfill the honorable obligation of serving my country. I will not explain how I was injured, because it is a very personal matter. I will say that it was caused by another soldier through no mistake of my own manufacture. I was utterly blameless in the matter, and for my pains (pun intended) received an injury of a humiliating and intimate nature.

I was no longer able to perform the functions of my MOS (heavy lifting a requirement) and remained unable to do anything, sleep on my back, or sit down for a period of about two months. Did the army send me home with a disability rating so that I could sponge off the government for the rest of my life? Did I meet sympathy or support as a result of my sacrifice? No, quite the opposite.

I was put out of the army for failure to pass a physical fitness test and branded with "unsatisfactory performance" as the reason on my official paperwork. I did not know my rights or that I should have been examined medically to determine whether I was fit for service. I have lived for almost twenty years with the results of my decision to serve: constant pain and memories of mutilated babies. My VA disability rating upon exit from the service for my "service-connected" (non-combat related) injuries? 10%--that's right, I received about $90 a month and the humiliation of explaining to every potential employer why I was put out of the army for unsatisfactory performance.

My problems and the $90 did not seem equitable, so I requested that the VA reconsider my rating 9 years ago. They rated me 30% at that time, which was still very poor compensation considering that I wasn't disabled enough to get social security, but was essentially prohibited from ever making a living wage. I have been unable to keep a job long term because of the limitations of my injuries, but I know that all of us veterans are just sponges soaking up tax monies so that others can work to support our lazy butts (SARCASM) and that VA workers really do care about us... (gag me, right).

At that time, I also asked the VA to look at my depression symptoms, for which I was humiliated and called a liar by those wonderful VA representatives. One good and wise soul went so far as to claim that I was attempting to scam the government and should be ashamed of myself. I fought this battle for seven years, and won in the end. I also appealed the reason for my discharge (which has always been honorable) and was finally rewarded last year with a decision stating that I had not been treated fairly and the reason for discharge was changed to "physical standards". Basically, it means that the army was right to put me out of the service since I can't prove that I was unable to do my job when they made the initial decision, but they don't feel comfortable laying the blame entirely upon me.

I am now receiving an 80% disability rating and cannot get a job. I cannot provide health insurance for my family. I do not get loads of wonderful benefits. I get $1800 a month and accusing looks whenever I attempt to get help for my pain. Even so, after almost twenty years on disability, the money I helped save the government in six months of my three years ($350,000) of active duty service is still much more than I have received (wonder how much interest they made on that money I saved them).

I am currently dying of unrelated illnesses, so my family will be left with nothing shortly, as they get nothing unless I am rated at 100% disabled for at least ten years prior to death. So, it's a shame that I could not have died on the battlefield twenty years ago and saved American taxpayers all the money they've had to spend on me. Now, the punchline to this joke is that those unrelated illnesses are the result of a genetic condition that manifested during the service, but of course they denied my claim... immediately after I requested a congressional inquiry into why they were dragging their feet on the claim. Then they denied an increase in my service connected disabilities rating, and the reason? Well, if I'm reading the explaination letter they sent correctly, their reason is because the rating personnel misunderstood what the examiner put in her notes--which are quoted in the letter, and which the examiner explained to me during the C&P exam. Funny, huh? But the joke is one me, and all of you other vets who have been defecated upon by some drudge hack pissed about their boring government job and all those lying, complaining veterans like me (SARCASM AGAIN). Oh, yeah, while I'm at it... I had sleep apnea in the service but didn't know what the heck that even was... my bunk buddy complained about my snoring constantly, but no diagnosis until 5 years after service... I'm not even going to try to get that one service connected. But I'm a lazy sponging slug who is just trying to get over on the system, so don't mind me.

[Berta]

"Abe Lincoln is turning in his grave every time the VA opens its doors in the morning."

George Washington is too:

“The willingness with which our young people are likely to serve in any war, no matter how justified, shall be directly proportional to how they perceive the Veterans of earlier wars were Treated and Appreciated by their Nation.”

When the VA awarded you 80% they were supposed to infer TDIU. What did the decisions say as to why they did not consider or award TDIU at that time?

When you say they started a TDIU claim- did you formally apply for TDIU on a 21-8940 form and send it to them with proof of mailng?

A CUE claim has to be filed separately from a TDIU form.

You said "then use their own words against them in your appeal because" etc

YES!!!!! that is how I succeeded (along with probative medical evidence)

Every SOC and SSOC I ever got had them putting their foot in their mouth.

They are locked into the words they use in these decisions.

We aren't locked in and can use the regs, their statements, and anything else we can get to combat denials.

Of course it is medical evidence that warrants awards.But we cannot allow them to manipulate, destroy, or ignore that evidence.

I gave H VAC testimony during shreddergate to prove I had over 53 USP tracking slips of probative medical evidence that the VA ignored, lost, removed from my C file or destroyed in order to stave off a proper award.

Every denial and SOC has to be carefully assessed along with the Evidence they list and then how they use it in the narrative.

You are among many battle weary vets and widows here,tired from fighting the VA War of the Words but we have proven persistence pays off.

Time is the real enemy however for disabled veterans.

Edited June 26, 2010 by Berta

[Joe Everyman]

After Desert Storm from Fort Riley, I (77F now 92W MOS) was assigned to Fort Lee via 109th QM Company from Dec 92 to Aug 94!!! We may know one another!!!

If you look at my avatar picture, you'll see that FORSCOM patch represents my Fort Lee assignment!!!!

Welcome to HADIT!!!

Best of Luck!

B6

Hey Bravo6--thank you for the welcome. I was 54th QM, 92-94, so you never know. It's good to see you here.

[Joe Everyman]

"Abe Lincoln is turning in his grave every time the VA opens its doors in the morning."

George Washington is too:

"The willingness with which our young people are likely to serve in any war, no matter how justified, shall be directly proportional to how they perceive the Veterans of earlier wars were Treated and Appreciated by their Nation."

When the VA awarded you 80% they were supposed to infer TDIU. What did the decisions say as to why they did not consider or award TDIU at that time?

When you say they started a TDIU claim- did you formally apply for TDIU on a 21-8940 form and send it to them with proof of mailng?

A CUE claim has to be filed separately from a TDIU form.

You said "then use their own words against them in your appeal because" etc

YES!!!!! that is how I succeeded (along with probative medical evidence)

Every SOC and SSOC I ever got had them putting their foot in their mouth.

They are locked into the words they use in these decisions.

We aren't locked in and can use the regs, their statements, and anything else we can get to combat denials.

Of course it is medical evidence that warrants awards.But we cannot allow them to manipulate, destroy, or ignore that evidence.

I gave H VAC testimony during shreddergate to prove I had over 53 USP tracking slips of probative medical evidence that the VA ignored, lost, removed from my C file or destroyed in order to stave off a proper award.

Every denial and SOC has to be carefully assessed along with the Evidence they list and then how they use it in the narrative.

You are among many battle weary vets and widows here,tired from fighting the VA War of the Words but we have proven persistence pays off.

Time is the real enemy however for disabled veterans.

Berta, Thanks for all the meat to chew and the warm welcome. You know, they didn't even address the TDIU on the decision made in September 09. Any suggestions on that? And, yes, I'm going to file the paperwork. I was just so mad that I couldn't help telling them I knew I had them. It didn't make me feel much better though.

[carlie]

Pete, when I got the explanation letter today, I called and told them to start a claim for me on TDIU while I work on showing them how they made a clear and unmistakable error on this rating decision.

Joe,

It's not enough to tell them "to start a claim for me on TDIU".

I suggest you either get or print out VA Form 21-8940, completely fill it out, sign and submit a copy to VBA.

Submit it via Mail RRR or in person at your VARO and get a date stamped copy.

Here's a link to it

http://www.vba.va.gov/pubs/forms/VBA-21-8940-ARE.pdf

How about posting (from your Rating Decision) exactly what it states in the Reasons and Bases Section.

Also, how about posting exactly what you think their CUE is.

Keep in mind that if the Rating Decision you are going to file a CUE claim on, has not yet become final,

then it is not ripe to call a CUE on it at this time.

[carlie]

I am currently dying of unrelated illnesses, so my family will be left with nothing shortly, as they get nothing unless I am rated at 100% disabled for at least ten years prior to death.

Joe,

I'm sorry to read of this.

What is your terminal illness ?

[hedgey]

Oh, and above all, don't be overweight. It doesn't matter that you were injured in the military while you were at your peak physical condition or that your injuries prevent you from exercising to any useful extent.... everyone will look at you as if your weight is the cause of your problems and/or pain... Even those who might otherwise be good intentioned will judge you for being overweight.

Joe, you hit that nail dead on. It doesn't matter that you were slim & trim when they welcomed you with open arms, or that your injuries made exercising painful or impossible. It doesn't matter that you've numbed emotional pain with twinkies instead of beer or drugs or that your therapists have all noted that your obesity is your coping with your PTSD.

All they see is a fat slob who could lose the blubber if they made half an effort. "Of course they have foot problems, they're a walrus!" Never mind that the foot problems began when said walrus was skinny and fleet of foot and could walk twenty miles with a 40 pound pack.

A good example, I think, of the VA attitude to overweight & obesity is that they have ratings for being underweight, but not for being overweight. That tells me that they think you could react to PTSD by being bulimic or anorexic, but if you overeat, you're just a pig.

Sorry, rant mode off.

Joe, welcome to Hadit. I love the way you write!