New To Site... Not To The Va... But Getting Discouraged

[VetRob1997]

Hey all... I was in the Army from 96-97 (little over 1 yr and 5 months)... I shattered my knee during an FTX in Guatemala, where I tore my patella tendon from my tibia and the tibia shattered in 3 places about 1/4'' from my kneecap, ruptured my plantaris muscle, and small fracture in my ankle as well as a slight tear of my achilles (all in right leg). I had surgery on the knee and plantaris muscle, where they put in a grafting using a "new" technique (I was told I was the 2nd one done in a military hospital) to restructure the tibia. After 2 months of therapy (still in military) I tried doing PT whereas I could no longer run at full speed, thus my inability to "pass" my PT (of course situps and push ups never a problem)... During my medical hold evaluation I was told I could Chapter 2 Med Discharge, but it would take months and I would have to stay in the MEdical hold barracks at Ft Stewart, OR I could take a Chapter 13 - unsatisfactory performance due to medical condition and discharge immediately (days to weeks)... now being 19 at the time and not knowing better, I opted out so I could rehab more with a civilian doctor. I didn't receive ANYTHING from the VA for 3 months upon discharge because I had no idea of the avenues to take or who to talk to. FINALLY got in to see a VA worker. My first P&T went by and they evaluated me and gave me SC 0%... ?????? WTH? LOL... they basically told me I was still able to walk so no %, but it WAS SC... over the years, my knee started deteriorating and buckling and constant arthritis to it. The ankle was getting worse, and because the injury was causing a poor gait, my lower back was getting messed up. In 2009, AFTER 4 years of appeals, I was awarded 40% for 3 problems, ankle, knee and back. NOW, (in 2012 when I re-applied a claim) I am literally using a cane 24-7, cant bend over, knee in a brace, ankle/knee swells daily 4x +, pain is 10+ daily, back is continually in knots, and due to the injury and inability to do ANYTHING, I have been diagnosed with Anxiety/Depression secondary to a SC medical condition. My question is this... My claim has been in VA since 12/12 and it JUST now went to "Preparations fr Decision - Rating Phase"... what am I looking at, as NOW i'm wondering if I should contact an attorney.... any ideas??? questions to help me...??? Does it look promising being this is the 6th time I have appealed or re-claimed for an injury I had no control over... and my lifestyle is now shot, losing my family (wife of 12 years) because I can't offer any support in any manner... I cant even play soccer with my young daughter... THIS IS KILLING ME!!!

[john999]

You can't hire a lawyer until you get your decision and file a NOD. Have you had an independent medical exam by private doctor? This is what you need. You can't depend on the VA for your compensation. I would file a claim for the anxiety/depression as soon as you get your present decision. You need to get a IME for the mental stuff as well, or you will end up with a 10% rating for that if you lucky. Are you able to work? If not you should have also applied for TDIU regardless of your rating. Stick around and you will get some good advice. I started out at 10% forty years ago. Now I am Total plus 60% which means 100% rate plus housebound SMC. My IME's were the only thing between me and skid row for my future.

John

[VetRob1997]

Hey John,

Yes actually i have seen a private PCP ... though now I have lost him due to ACA... And the Anxiety/depression was included in the new claim as well, that both the VA PCP and my private PCP diagnosed. As for work, no... nobody will hire someone who cant stand for long periods, nor be able to sit for long periods... I have tried, but lets face it... NOBODY hires someone using a cane (though discriminatory) because they see them as a liability (yes I have been told this by 3 employers, believe it or not) Vet or no Vet... The denial stated that I didn't meet the criteria for higher percentage in 2009... that was when I COULD STILL WALK...

Here's to hoping it comes out good!! (Lifts a glass of water to take pain meds)

Rob

[VetRob1997]

(Note: this is a second "copy-paste" post from Welcome aboard forum)

Hey all... I was in the Army from 96-97 (little over 1 yr and 5 months)... I shattered my knee during an FTX in Guatemala, where I tore my patella tendon from my tibia and the tibia shattered in 3 places about 1/4'' from my kneecap, ruptured my plantaris muscle, and small fracture in my ankle as well as a slight tear of my achilles (all in right leg). I had surgery on the knee and plantaris muscle, where they put in a grafting using a "new" technique (I was told I was the 2nd one done in a military hospital) to restructure the tibia. After 2 months of therapy (still in military) I tried doing PT whereas I could no longer run at full speed, thus my inability to "pass" my PT (of course situps and push ups never a problem)... During my medical hold evaluation I was told I could Chapter 2 Med Discharge, but it would take months and I would have to stay in the MEdical hold barracks at Ft Stewart, OR I could take a Chapter 13 - unsatisfactory performance due to medical condition and discharge immediately (days to weeks)... now being 19 at the time and not knowing better, I opted out so I could rehab more with a civilian doctor. I didn't receive ANYTHING from the VA for 3 months upon discharge because I had no idea of the avenues to take or who to talk to. FINALLY got in to see a VA worker. My first P&T went by and they evaluated me and gave me SC 0%... ?????? WTH? LOL... they basically told me I was still able to walk so no %, but it WAS SC... over the years, my knee started deteriorating and buckling and constant arthritis to it. The ankle was getting worse, and because the injury was causing a poor gait, my lower back was getting messed up. In 2009, AFTER 4 years of appeals, I was awarded 40% for 3 problems, ankle, knee and back. NOW, (in 2012 when I re-applied a claim) I am literally using a cane 24-7, cant bend over, knee in a brace, ankle/knee swells daily 4x +, pain is 10+ daily, back is continually in knots, and due to the injury and inability to do ANYTHING, I have been diagnosed with Anxiety/Depression secondary to a SC medical condition. My question is this... My claim has been in VA since 12/12 and it JUST now went to "Preparations fr Decision - Rating Phase"... what am I looking at, as NOW i'm wondering if I should contact an attorney.... any ideas??? questions to help me...??? Does it look promising being this is the 6th time I have appealed or re-claimed for an injury I had no control over... and my lifestyle is now shot, losing my family (wife of 12 years) because I can't offer any support in any manner... I cant even play soccer with my young daughter... THIS IS KILLING ME!!!

[bobz]

See if they actuall do anything this time. Meanwhile do you have copies of you in service medical records? If not get them you may want to investigate either lawyer or congressman might have a cue here look up either Carlie or Berta and spell things out with them on here.

[Navy04]

We all make a lot of mistakes and learn on here from each other what to look for the next time. A good friend told me once " No one cares about your money more then you do, and the quicker you figure that out, the better it gets in the long run ".

[Philip Rogers]

You should also file for SSDI.

pr