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SapperWells

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I have spent little over 14 years as a combat engineer for the army until I was med-boarded for a bee allergy. I was planing on retiring at 2o+ years, but that didn't happen. When I found out that I was going to be discharged after 14 years I was rather angry. I gave the army 14 yrs and they wouldn't let me retire due to a preexisting condition. the only thing i have to go on is disability. I have no idea where to start.

I have PTSD, ringing in the ears, arthritis, constant back and neck pain, and from reading other posts from here grinding my teeth.

Where do I go next

Dan

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You mean they med boarded you out for a bee allergy?????????????????????

"I have PTSD, ringing in the ears, arthritis, constant back and neck pain, and from reading other posts from here grinding my teeth" That is called TMJ -temporal mandible joint disease and can be caused by PTSD or any type of stress (if a doctor says it is secondary to PTSD they will SC it)

You will need a nexus for everything you mentioned- the nexus is the inservice cause or link ie: accident, event, or stressor that gave you the disability.

Are any of these noted in your SMRs or on your discharge certificate?

For a PTSD claim you will need a VA MH diagnosis of PTSD and then the stressor must fall into the new PTSD criteria here in our PTSD forum or be verified by JSRRC (Joint Services Record Research Center).

It pays when claiming PTSD, unless you have combat awards (CIB,CAR, PH)to tell them how your MOS put you into "Hostile" environment and,for non OIF IEF claims, it pays to give them as many details of the stressor (time and place etc) as possible.

I dont get it- they mebbed you for a bee sting yet some OIF OEF disabled vets have had more then one TDY in the war zones.WITH a SC disability already!

I dont get this at all- is the bee allergy the pre- existing condition?

Did you have a severe event regarding a bee sting?

Something seems wrong here.

Maybe I am misunderstanding this post.

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You mean they med boarded you out for a bee allergy?????????????????????

"I have PTSD, ringing in the ears, arthritis, constant back and neck pain, and from reading other posts from here grinding my teeth" That is called TMJ -temporal mandible joint disease and can be caused by PTSD or any type of stress (if a doctor says it is secondary to PTSD they will SC it)

You will need a nexus for everything you mentioned- the nexus is the inservice cause or link ie: accident, event, or stressor that gave you the disability.

Are any of these noted in your SMRs or on your discharge certificate?

For a PTSD claim you will need a VA MH diagnosis of PTSD and then the stressor must fall into the new PTSD criteria here in our PTSD forum or be verified by JSRRC (Joint Services Record Research Center).

It pays when claiming PTSD, unless you have combat awards (CIB,CAR, PH)to tell them how your MOS put you into "Hostile" environment and,for non OIF IEF claims, it pays to give them as many details of the stressor (time and place etc) as possible.

I dont get it- they mebbed you for a bee sting yet some OIF OEF disabled vets have had more then one TDY in the war zones.WITH a SC disability already!

I dont get this at all- is the bee allergy the pre- existing condition?

Did you have a severe event regarding a bee sting?

Something seems wrong here.

Maybe I am misunderstanding this post.

yes you read it correctly

A few years ago I was sent to WRMC and had a few tests done for my bee allergy. Apparently I was off the chart, I was able to pull some strings and got a waver from the Assistant Attorney General of Virginia to allow me to deploy one last time with my Sapper unit. In 2008 when I returned back to the state I assumed every thing was fine until I went up for E-6. I was told that I was flagged for a code "999m", I had no idea was that meant. I was informed in the spring of 2009 that I was "nondeployable" and pending med-board. Well med-board didn't take long to kick me out.

It is a pre-existing condition, there for I don't qualify for any retirement benifits

I do have a CAB from 2005 for OIF II, I saw a VA physiologist in 2006 for PTSD

My back was aggravated from riding in the bed of a 1967 5-ton dump truck at 60mph though Mosul Iraq for 15 months

I don't have any documentation any any injuries I am a grunt, 800mg motrin and canteen of water can fix anything

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This is a list of pre existing conditions the Navy won't give waiver on: (for induction)

I imagine these is for every branch of the service as well-

http://www.navycs.com/blogs/2008/08/13/medical-not-waiverable

Are you saying they knew you had a pre existing allergy to bee stings and accepted you for service anyhow

or is that something they drummed up?

Did this allergy appear for the first time while you were in service?

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I missed your reply when I added the last post-----

this is really BS----I am a civilian but I thought this is the crap that military lawyers ( like the JAG) try to prevent.

but what do I know about that- nothing-

With the CAB on your DD 214,I am sure VA will concede your exposure to a stressor.

"It is a pre-existing condition, there for I don't qualify for any retirement benifits"

Did the Mil state that or the VA?

Have you formally filed a claim yet?

If and when the VA SCs you , you might also be eligible for CRSC.

I will ask Carlie to move your posts here into claims research to get more eyes on this.

A bee sting allergy can have dire consequences, and I am not minimizing that at all but you had a WAIVER!

I don't get it!

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  • HadIt.com Elder

The questions in my mind are what % of disability do you need at 17 years to be medicallyr etired? Is the fact that a condition predated service a valid reason to disqualify you for medical retirement? Could it be that you were not medically retired because you did not meet the minimum % of disability? If they used the fact that they believed your condition predated service as a valid reason not to medically retire you, then the rest of this post comes into play. It could be possible that they used invalid supporting logic to establish your condition predated service. If so you need to investigate ways to undo the decision not to give you retirement. Beesting allergy although a reason for discharge, depending on your MOS, is not ratable or at best rated at "0%" (as discussed below). However, they will rate secondary conditions.

I have followed and read many allergy claims. A problem occurs when the military or VA determines that the condition predated service based on the fact that the individual tells military or VA doctors they had allergies as a child. The VA has illegally used the veteran's statements that they had allergies prior to service to deny claims. The fact that you tell the military you had allergies prior to service goes beyond having firsthand knowledge and thus your statement is not credible evidence. If your allergic condition was not diagnosed by a doctor prior to military, your self diagnosis should not be considered credible evidence. However, if you tell them you saw a doctor and the doctor made the diagnosis they will give weight to your statements. Many kids are told they have allergies by their parents, school teachers or parents of their friends.

If you did not know you had allergies prior to service, then there would be no evidence the condition pre-dated service. I have seen cases where doctors will say things to the effect that it was highly unlikely that the allergy condition would not have started in childhood and thus should not be service connected. These doctors were advised by the BVA that their legal opinion as to service connection was not requested. Unless it is established by medical authority that symptoms of an allergic condition are known to have occurred prior to service, the condition did not predate service.

The real problem involves the fact that the VA rarely assigns a "0%" rating and usually does not service connect bee sting allergy, allergy to medications, foods, perfumes etc,citing the following:

Taken from -- http://www.va.gov/ve...es1/0505433.txt

Thus,at

thetime of the March 1973 VA examination, no complaint or

residual of either a bee sting or a mosquito bite was noted.

As such, there was no evidence of any residual disability or

permanent harm resulting from any in-service bee sting and/or

mosquitobite. As previously stated, pertinent VA

regulationsin 1973 provided that seasonal and other acute

allergic manifestations subsiding on the absence or removal

ofthe allergen were generally to be regarded as acute

diseases, healing withoutresiduals. See 38 C.F.R. § 3.380.

By the way they do rate seasonal allergies and allergies to other substances that are unavoidable. They only rate allergies when the treatment records demonstrate chronic symptoms of a condition.

Edited by Hoppy
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“I saw a VA physiologist in 2006 for PTSD “

Do you have a copy of those records? Did you file a claim for PTSD at that time?

Do you have copy of your SMRs and 201 (Personnel file)?

Hoppy -by failing to give this veteran a rating , the Mil screwed him out of CRSC.They mebbed him solely for the allergy and he has other SC able conditions.

http://www.military.com/benefits/content/military-pay/special-pay/combat-related-special-compensation.html

Sapperwell do you have a claim pending now and are all of these disabilities claimed in it?

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