hypertension My Story & Questions

[harleyvet]

Like many of you, I am still patiently waiting for the VA's decision on my case. I went on terminal leave from the Army in FEB 10, and medically retired APR 10. Before I left Ft Campbell, the VFW rep talked me into getting my VA file started early so that it would be processed faster. In FEB I signed the VFW as my POA and headed home to CO. My C&P exam was completed at the Denver VAMC and forwarded to Winston-Salem. W-S received my case in July and it has been in the decision phase since AUG 6. My list of complaints are as follows:

• anxiety condition
• depression
• insomnia
• lumbar spine condition (Due to two surgeries in 2008/2009)
• irritable bowel syndrome
• tinnitus
• shoulder condition
• right
• knee condition
• right
• hypertension
• premature ventricular contractions
• erectile dysfunction
• varicose veins
• GERD
• knee condition
• left

I understand the backlog that the VA is experiencing, and that they give 16-28 days average for each decision. Mine has been in the decision phase for twice longer than average, and my patience is wearing thin. I am financially under with no outlook of getting better, waiting for the claim (Not a good idea, hindsight and all). I had a job, but was fired due to an outburst that the VA psychiatrist says is directly related to PTSD (This was part of and added to my C&P). I have been unemployed since June of this year, trying to raise my family of 5 on my wife's part time job and my 70% retirement. Should I be writing a letter to W-S asking for hardship? At this point would it even matter? Is there anyone with roughly the same timeframe as myself that could give a good heads up as to their status? My guesstimate for percentage is 80, anyone want to add their 2 cents?

I appreciate any and all comments, insights, encouraging words. I know that many of you have been there and done that, that's why I am here....

Thank You for letting me vent....

[SheilaLundlee]

Good morning, Harley!

Next installment. Yesterday, I described what you are ENTITLED to when the VA recoups disability severance pay from your VA award. However, in my case, they withheld the total amount of my compensation initially. Eventually, I proved that they were withholding too much each month and they sent me a big, fat check.

If they initially recoup the whole amount of your VA compensation (and VA awards you service-connection for disabilities that you are not given disability severance pay for), you can submit a Notice of Disagreement and tell them you want the recoupment "rate" - amount withheld each month - reduced and you want them to refund the wrongly withheld amount.

Don't let'em give you any poop!

sheila

[justrluk]

Sheila,

Can you provide any more details? Don't want you to post what you're not comfortable with, but I'd sure like to see if there's a way to get them to reduce what they withhold each month. Right now, it's about (don't recall the actual amount) $440.00

Thanks!

[SheilaLundlee]

Hey Harley!

So, in my previous posts, I talked about what happens if the Army rates you 0, 10, or 20% disabled and you receive a medical DISCHARGE instead of a medical retirement. If that happens, you need to pay close attention to the reasons the PEB gives for choosing a particular severity for your disability. Because you have essentially initiated simultaneous (but independent) assessments of your disabilities, you would think that the assessments would come to similar conclusions about the degree of severity of your disabilities - NOT LIKELY.

Keep in mind that the Army doesn't want (my opinion only) to pay you retirement for the rest of your life. If they rate your disability at 30% or above, that's what they have to do. Even if, by some miracle, you are eventually totally healed, the Army has to keep paying that retirement. I should point out, that the VA DOESN'T! If your disabilities improve over time, the VA can AND WILL reduce your disability ratings (unless your ratings are protected, but that is different and irrelevant at this point).

Accordingly, if the Army can keep you under 30%, it is financially better for them.

Back to the severity that the Army assigns your disability. The Army determines whether your disabilities make you fit or unfit for continued service. That determination is SEPARATE from any discussion about the degree of severity of your disabilities.

As an example, let's say that the Army says that only your PTSD makes you unfit for continued service. They may or may not list your other conditions (they are required to) and say that those conditions aren't severe enough to make you unfit for continued service; or that the conditions aren't unfitting.

Example: PTSD - rated at 20% - unfitting condition

Back Pain - 0% - would be unfitting, but not severe enough currently

Flat feet - 0% - not an unfitting condition

The courts have said that ONLY the military can determine which conditions are unfitting for continued service. However, once the Army decides that you have an unfitting condition, they HAVE to use the criteria contained in the VASRD to evaluate the severity of the condition*.

Here's what that means to you:

1. you are getting medical exams from the Army and the VA AT THE SAME TIME

2. the decision about degree of severity will be made by the Army at nearly the same time as the VA

Make sure that the Army (and particularly your PEBLO) have copies of all your VA medical documentation. If the VA awards your disabilities BEFORE the Army finishes the disability separation process, then you can use that documentation to try to convince the Army not to lowball your degree of severity.

In my previous example, the PEB says the degree of severity for your PTSD is 20%. If the VA says your PTSD is 70% disabling, the PEB's "got some 'splainin' to do".

* The Service Secretaries can, and do, issue regulations/guidance that alter the VASRD criteria for particular disabilities - not for all disabilities. I know that the USAF has done so, but my disabilities weren't effected by it. You would have to check what the Army has issued.

In my case, the PEB Report listed only one diagnostic code and gave that code a 20% rating. However, in the verbal description, ALL of my disabilities were lumped together. Because they failed to list my disabilities separately with distinct diagnostic codes and ratings, I appealed to the Board of Correction (who denied my claim); and then filed suit in the US Court of Federal Claims. 6 years after my disability discharge, I received my active duty medical retirement - you CAN make them do what they are supposed to do.....

FINALLY, my posting suggests poor motives on the part of various entities involved in this process; that's only my opinion. Even if everyone is acting in good faith, mistakes occur, training is inadequate, etc. You can give everyone the benefit of the doubt, as to motive, but GET what you are entitled to.....

More later....

sheila

[SheilaLundlee]

No problem, Just!

I need to take a break now though, 'cuz of the brain cramps :)

sheila

Sheila,

Can you provide any more details? Don't want you to post what you're not comfortable with, but I'd sure like to see if there's a way to get them to reduce what they withhold each month. Right now, it's about (don't recall the actual amount) $440.00

Thanks!

[harleyvet]

Sheila,

Thanks for your very informative posts! I already have temporary medical retirement at 60% (not the 70% as I earlier had thought) from the Army, so I am already past that phase. From here, it is a matter of seeing whether they keep me retired or not. I have my first medical review for the Army coming up in the near future. I don't see them changing the percentage too much, my conditions haven't improved a whole lot. If anything, they have stayed the same, unchanged from my last review. (Doesn't mean they won't change it!) Is there something else that they will offer aside from severance if they find me less than 30%?

[SheilaLundlee]

Sheila,

Thanks for your very informative posts! I already have temporary medical retirement at 60% (not the 70% as I earlier had thought) from the Army, so I am already past that phase. From here, it is a matter of seeing whether they keep me retired or not. I have my first medical review for the Army coming up in the near future. I don't see them changing the percentage too much, my conditions haven't improved a whole lot. If anything, they have stayed the same, unchanged from my last review. (Doesn't mean they won't change it!) Is there something else that they will offer aside from severance if they find me less than 30%?

Glad to help!

As far as I know, the Army won't give you anything but the severance pay if you are less than 30%. However, I'm pretty sure you have several options if they try to lowball you. I don't want to go into exhaustive detail here, if it ends up (and I think you're right) that you receive a medical retirement. I'll be happy to go over all of my research with you whenever you want....even if you just want to brainstorm scenarios.

Having said that, it is still possible that the ARMY will try to lowball your medical retirement severity rating, particularly if you don't have enough years of service for a non-disability retirement. There are special rules about combat-related injuries that result in medical retirement that could have an effect on whether they try to lowball you as well.

The BIG thing to keep in mind is to NOT SIGN ANYTHING without getting outside help :)

Holler if you have any questions....

sheila