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I Can't Take It Anymore, I Need Iu Or 100%


airborne29

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I have no where else to turn to guys. Since 2003 I've been struggling with PTSD to the point where I can't even spend a day with out seeing people and talking to them. Im rated 70% ptsd, 10 tinnitus, 10% wrist fracture. Total 80%. Well, 2 years ago I herniated a disk in my back, the va did back surgery "laminectomy" and did a horrible job. They let a resudent work on me. i didnt put in for a claim becasue the doc said my injury wasnt due to the military.

this February I was getting out of my jeep and I had the worse back pain in the world, fell to the ground and couldnt move for two hours. The wife rushed me to the ER at the VA and the doctor gave me morphine and said I was faking my injury for pain pills and didnt know what she could do for me and she said I didn't need an MRI becasue I could still fell my legs so it wasnt an emergency.

Two days later, I went to the best neurosureon in my state and paid for a MRI out of my pocket. He said I had a disk disease, two severly herniated disk pressing against my nerve, and the VA did a horrible job on fiixing my first herniated disk. I needed a surgery asap

I called the VA but they said they couldn't see me until another 4 months becuase they were all booked up. I paid the neursurgeon 140k to do a back fusion on me last week. This came out of my pocket. I am ony 28 years old and he said there is no way this was not casued by road marches, air asault missions and so on from the military.

So, now Im on the couch, taking over 20 pain pills a day and can't walk, work, or even use the bathroom from squinting causing pain. I may never work again. I want 100% rating, I want IU. Since I havent worked since 2003 due to my ptsd, Ill never be able to qualify for SSD or SSI, Its hard to explain but they use some sort of formula that goes by age and time worked. Ive been unemployed for too long and my last iu in 2006 was denied. The doc that did my exam said i was on the wrong meds so it wasnt warranted. Since then I've collected every bottle of meds they hve given me. I have 486 bottles of all sorts of crap that doesnt work that I plan on dragging in with me on my next c&p.

How will I ever support my family if I cant get 100% rating. The VA wont even see me. My only hope is my phychatrist wrote me a letter telling the VA he thinks I shoulld be granted IU. Should I get any other letters from anyone? I cant even walk guys. Ive never been this depressed and I dont even know how Im going to pay my bills anymore.

i hate to say it but I wish I could take it all back and never had joined. Im so tired of being sick, injured, and feeling like Im just a number that no one cares about.

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"Two days later, I went to the best neurosureon in my state and paid for a MRI out of my pocket. He said I had a disk disease, two severly herniated disk pressing against my nerve, and the VA did a horrible job on fiixing my first herniated disk. I needed a surgery asap"

You should file a Section 1151 claim and ask this surgeon to write an IMO for that claim.

We have considerable info here in the FTCA, Section 1151 forum on this type of claim and the IMO criteria for them.

VA will pay "as if" service connected compensation to any veteran who the VA was negligent or malpracticed on to the point that their medical errors caused the veteran additional disability. They rate the additional disability and pay comp on that rating.

"I called the VA but they said they couldn't see me until another 4 months becuase they were all booked up. I paid the neursurgeon 140k to do a back fusion on me last week. This came out of my pocket. I am ony 28 years old and he said there is no way this was not casued by road marches, air asault missions and so on from the military."

Also you should claim this as a service connected disability and ask this neuro to support his nexus statement to support the claim.

I suggest filing for TDIU as well as both types of these claims.

If you succeed in gaining SC for the back condition, (I would think they would consider that as part of the TDIU award if they have strong evidence there is no other etiology but for what the surgeon said as to the military nexus)

you can still gain additional compensation for anything they rate under Section 1151.

You appear to still be in the 2 year Statute of Limits for filing a FTCA malpractice tort claim too.

VA,if you succeed in both claims, will offset the 1151 comp you might be awarded fro any FTCA settlement amount.

You can overcome that offset,however, by proving they malpracticed on a SC disability and they cannot offset the tort amount of settlement from any 1151 comp you might get for the back condition.

Make sure to read the temporary convalescence regs here too and apply for that if it applies to you.

My story is in those forums,

I succeeded oh Section 1151 and wrongful death of my husband under FTCA case.

The VA offset my 1151 DIC for many years to recover the offset.

In 2010 a claim I filed in 2003 proved AO Vietnam death. The VA had to pay me the entire offset involving many many years of DIC.

In 2012 ,I succeeded on a SMC CUE claim. The CUE regarded a 1151 disability.

Although I had proved my husband was 100% SC PTSD in a posthumous retro award, the VA had to pay,in addition to the prior accrued benefits for the 100% for PTSD, an additional 6 months of 100% under 1151 and then rated my husbands residuals under 1151 and paid that. Plus SMC "S".

Based on what you stated here,in my opinion, you have a solid 1151 /FTCA claim, with private doctors who might be wiling to do IMOs for you at no cost or at a very small fee.

"this February I was getting out of my jeep and I had the worse back pain in the world, fell to the ground and couldnt move for two hours. The wife rushed me to the ER at the VA and the doctor gave me morphine and said I was faking my injury for pain pills and didnt know what she could do for me and she said I didn't need an MRI becasue I could still fell my legs so it wasnt an emergency."

I suggest you request copies of ALL of your VA medical records, as well as get copies of your private records,

and get a good vet rep to go over this situation very carefully.

The very first piece of evidence I used for my malpractice cases against VA was an ER Certificate from VA.

It was a severe misadiagnosis that followed him for the next 6 years and additional malpracticed occured. It also revealed a completely inapproriate medication that was contraindicated by another VA med and OGC agreed with my charges on this.

I have not prepared a Section 1151 claim on that disability yet but there is no time limit on 1151 claims.My Nehmer lawyer thought I should claim it too.

When I decifered this ER certificate ,after he died, (lots of med words and medical acronyns) I knew they had killed him.

Dont tell the VA you intend to file 1151 until you get all VA med recs.Once they get a Section 1151 claim or word of a FTCA issue, the MF shows up at the RO.

MF: The Mysterious force who removes critical med data from the records and files and then puts it back (sometimes) after they deny.

You have been through a lot already and I regret that, although VA certainly saves lives of veterans every single day,

once they start to bugger up a vet's medical care, it can have long term, and even deadly, consequences.

Edited by Berta
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  • HadIt.com Elder

I agree w/Berta, as she is the expert on these claims. As for the SSDI, you need to find an atty specializing in SSDI law, in your area www.nosscr.org (and don't even think about using ALLSUP). You became disabled before age 22, so you are entitled to SSDI against your father's SS acct, if you didn't have enough work credits, yourself. If you were in the military, a full enlistment, you should have met the number of quarters requirement.

pr

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  • HadIt.com Elder

What good is it to have the VA for health care when most of us are afraid to use them on anything besides a flu shot. These back surgeries and cervical surgeries are tricky by even the best and nothing is fool proof. The surgery may be successful and you may still have pain. I am afraid to let the VA fix my ingrown toenail.

John

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  • HadIt.com Elder

What good is it to have the VA for health care when most of us are afraid to use them on anything besides a flu shot. These back surgeries and cervical surgeries are tricky by even the best and nothing is fool proof. The surgery may be successful and you may still have pain. I am afraid to let the VA fix my ingrown toenail.

John

After getting a "live" flu shot for what was then called a variant of "Hong Kong flu" while I was in the Navy, and watching the entire ships crew, including myself have a reaction -- (high temperatures just below danger levels, and most of the symptoms of a good flu case), I don't take flu shots. That has, so far, for more than forty years, been a good decision. (The flu vaccine was based upon flu strains then prevalent in Hong Kong and the far east.)

Seems that if I do get something "like" the flu, its annoying, very mild, and usually mostly gone in a few days.

I don't really want to get into a VA "treatment" discussion, as it increases my angst and blood pressure.

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