ptsd Disability Nightmare

[Tanker360]

I served in Iraq from 06' to 07' While I was there I was hit by an IED, I was knocked unconscious and life flighted. I sustained a large wound to my theigh which resulted in muscle damage and limited movement. The middle of my back goes in and out of numbness, I cannot stand for very long and my leg even gives out on me at times. I never returned to full duty.

I filed in 08' for my leg, and a year ago for ptsd. I have had documented panic attacks while in the hospital, and my leg still has a large hematoma that even looks painful to the naked eye. After I was honorably discharged, I was even called back to Iraq (another nightmare) a year by IRR after my injury and discharged from active duty but I got the orders canceled when I went into the hospital and they submitted paperwork and documented my injuries basically told the cmdr of the IRR that I was not physically fit to go back to duty because of my leg. They also diagnosed me with ptsd during this visit.

So to review...I'm too disabled to be in the army because of the muscle damage to my leg, but not disabled enough to get disability for it?

I guess I'm just starting to realize how corrupt this system is. It's very discouraging. My leg was denied, but I got a total of 30% for tennitus, TBI, and insomnia. so i filed for appeal in 2010 and last year I was denied again even though I've got a pretty solid paper trail, I thought there must have been a mistake.

I have decided that my best chances are to make a bunch of noise. I got into the newspaper once when I got injured, how about a 5 year follow up? I will post a timeline here in a few to make it less confusing. I haven't done everything right, I stopped seeking treatment for a year, not filed everything at first like I was supposed to. I never thought they would deny such a strait forward case, I was in Iraq, I was exploded, I have a solid papertrail, I have a giant hematoma on my leg with scars. Whats to argue?

What kills me is by denying you, they are essentially calling us liars. This is very taxing. The same country you gave your life to, is now fighting you over what they owe. Even my case....lair. So what I say is don't let this get you down, these idiots even do it to the combat wounded.

My questions are, would it be possible to get these claims fast tracked if I'm found unemployable? Could I get a caseworker to help me out? Congressman? Any tips or advice? What moves would I have if I had such an obvious case that even some of my doctors were blown away by it?

Edited August 28, 2013 by Tanker360

[jbasser]

We will help you.

Post the reasons and basis for the denial. You can scan it and post it.

I need to see this because there is a Major League Error here.

J

[Tanker360]

I can give a time line to try and condense what has happened and tomorrow when I dig through my records I will find the exact language they used to deny me. I have made plenty of mistakes as you can see like filing for it myself without having someone represent me. Or not filing when I was officially diagnosed with ptsd. I also made the biggest mistake possible, trusting the VA.

Sept 07' Injured, hospitalized for 30 days, then released to light duty where I continued treatment, was on crutches for 60 days.

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Sept 08' Honorably discharged, Filed claim, Never went back to full duty, still seeking treatment physical therapy, ptsd.

Nov 09- I was rewarded 30% for tennitus, Insomnia, and TBI. Denied for my leg, Filed for an appeal on my leg only.

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Nov 10- called back to active duty while I was on IRR

Dec 10- Received an evaluation from the VA stating I was not fit to go back to active duty because of my leg. Was also officially Diagnosed for PTSD.

2011- I continued treatment throughout this year, went to a few different doctors for PTSD. Did some tests on my back and a MRI on my leg.

JUL 12' My leg had finally been serviced connected....at 0%! The said I did not meet requirements but I would argue that I do. I have restricted range of motion W pain which should qualify me. I will post actual terminology when I get my records out of storage.

JUL 12' I filed an appeal with the DAV for my leg again, my back numbness, PTSD (panic disorder), I should have done it sooner but I honestly didn't know much about the disability process, getting denied the second time was a wake up call.

Jan 2013, I was finally called into the doctor that does the medical review for my leg claim. It went good, he was kinda surprised that I was denied to return to service and yet found at 0% two times in a row, I still haven't had a ptsd eval.

And that brings me to today, I got back into treatment for ptsd and my leg. After reading through this site I've realized I went about things wrong. I've switched all my attention and resources to getting this case through. I am willing to get a lawyer, check into the mental ward, whatever path it takes to just get this behind me. What kills me the most are these denials, I have a large paper trail, I have all my records, Sworn statements, pictures, I was even in a documentary about Iraq and it takes them 4 years just to say it's service connected?

Thanks for taking the time to read this and I look forward to any of your opinions or advice.

Edited August 28, 2013 by Tanker360

[rpowell01]

Attache a copy of your letter of the denial, first black out all pertinent information....Dont' let this discourage you because we have been there are are still there fighting them. The VA is a sore in the butt and please spread the word about all those fake advertisements on TV. Tell your friend and family of what the VA is doing and how they REALLY treat the veterans. Its time to FIGHT BACK!!!!!

[Berta]

Scars and muscle damage are ratable disabilities.

They rated a vet at '0' many many years ago and he ended up winning one of the Best CUE claims the VA ever got.

It was a GSW,clear through his arm. VA tried to say he had no muscle damage and the scarring was too small to rate.

He didnt care about the scar “0”rating, but he proved muscular damage.

(Myler V Derwinski)

“Sept 08' Honorably discharged, Filed claim “

I assume you mean you filed the claim within one year after the discharge....?

“Nov 09- I was rewarded 30% for tennitus, Insomnia, and TBI “

Technically VA does not award for TBI, they award for the residuals of the TBI.

Was your EED for the retro award, the first day after your discharge?

Jbasser and rpowell are right.... we can help more if we can read the actual verbiage VA used for the last denial.

[Radio_Dog]

Hang in there, seek treatment and add to your paper trail and never give up. Hadit is an excellent source for knowledge, I am confident you will win in time.