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!!!

[VetRob1997]

Sounds like you should have got an attorney on board back in 2009 for an appeal on the SSDI decision. I don't know anything about SSDI appeals, but instead of a phone consultation(a lot of detail and information is never communicated), I would take your paperwork from the 2008 SSDI decision in and have a lawyer look at it. I wouldn't consider that option dead until a CLOSE look by a legal professional.

Let me preface this next comment with an assurance that I understand you are in continual pain and severly limited, but you are using verbiage that is almost automatically setting you up for the VA to be able to impeach/call into question your observations.

ankle/knee swells daily 4x +, pain is 10+ daily, back is continually in knots, and due to the injury and inability to do ANYTHING

If your knee is swelling to 4 times it size you are indicating your knee is daily reaching the size of a person with a 32 inch waist. That is not impossible but it is improbable. it would prevent the wearing of normal clothes.

The pain scale in common usage goes to 10. A person experiencing level ten pain is essentially unable to communicate and writhing. I don't doubt you have pain, I am sure it is excruciating and debilitating. All I am saying is when you say 10+, especially if you actually tell them my pain level is ten plus (compared to indicating it was or has been) in a somewhat intelligible manner, it is an invitation for doubt.

Indicating you are inable to do anything. Is a pretty broad measure and at face value would indicate you are not capable of self care and need constance assistance, but if you walked into the exam room un-aided the observed behaviour is at odds then with the claimed level of dissability.

Please do not take those comments as indicating I do not believe you, they are ment to be helpful. Look at how and what you are communicating.

You indicate you have a knee brace, if it is perscribed by a medical provider you should be sure you file for your annual clothing allowance.

Don't be to tough on that 19YO kid in your past, he got played by some professionals who someday will have to answer for their past actions.

As for the man of today, relationship breakups are a tough business, try not to let anger and/or emotional pain cause destructive actions/decisions that will affect the man of tomorrow. Amongst all the crap that a relationship break-up causes to swirl, make sure your Kids know you love them.

It sounds like your claim is currently a claim for increase without a decision yet issued. A Lawyer can only get involved after a denial (or award at less than the maximum). This statement assumes all of your other claims are over a year old and not in appeal status.

Sounds like you should have got an attorney on board back in 2009 for an appeal on the SSDI decision. I don't know anything about SSDI appeals, but instead of a phone consultation(a lot of detail and information is never communicated), I would take your paperwork from the 2008 SSDI decision in and have a lawyer look at it. I wouldn't consider that option dead until a CLOSE look by a legal professional.

Let me preface this next comment with an assurance that I understand you are in continual pain and severly limited, but you are using verbiage that is almost automatically setting you up for the VA to be able to impeach/call into question your observations.

ankle/knee swells daily 4x +, pain is 10+ daily, back is continually in knots, and due to the injury and inability to do ANYTHING

If your knee is swelling to 4 times it size you are indicating your knee is daily reaching the size of a person with a 32 inch waist. That is not impossible but it is improbable. it would prevent the wearing of normal clothes.

The pain scale in common usage goes to 10. A person experiencing level ten pain is essentially unable to communicate and writhing. I don't doubt you have pain, I am sure it is excruciating and debilitating. All I am saying is when you say 10+, especially if you actually tell them my pain level is ten plus (compared to indicating it was or has been) in a somewhat intelligible manner, it is an invitation for doubt.

Indicating you are inable to do anything. Is a pretty broad measure and at face value would indicate you are not capable of self care and need constance assistance, but if you walked into the exam room un-aided the observed behaviour is at odds then with the claimed level of dissability.

Please do not take those comments as indicating I do not believe you, they are ment to be helpful. Look at how and what you are communicating.

You indicate you have a knee brace, if it is perscribed by a medical provider you should be sure you file for your annual clothing allowance.

Don't be to tough on that 19YO kid in your past, he got played by some professionals who someday will have to answer for their past actions.

As for the man of today, relationship breakups are a tough business, try not to let anger and/or emotional pain cause destructive actions/decisions that will affect the man of tomorrow. Amongst all the crap that a relationship break-up causes to swirl, make sure your Kids know you love them.

It sounds like your claim is currently a claim for increase without a decision yet issued. A Lawyer can only get involved after a denial (or award at less than the maximum). This statement assumes all of your other claims are over a year old and not in appeal status.

I understand what you mean... I'm just more fed up with the hassles of having to prove my injuries to doctors who know what is wrong... I will be seeking an outside PCP as well, hopefully I can afford one under Obamacare... HOWEVER, I did just notice that sometime today my claim is now in "Preparation for Notification"... wow, the power of words, reading what I wrote, I can TOTALLY see what you mean by "reasonable doubt"... I will be more cautious, as im NOT destitute physically, but sometimes I feel I am mentally! (drained that is)

[VetRob1997]

update... today I moved to "preparation for notification" :) fingers crossed

[71M10]

Follow up with someone about that SSDI issue, I am no expert, but I beleive if you have undisputable medical evidence that the disabling condition started while employed you can qualify outside the 5 year window.

I think it would be in your interest to pursue the issue.

[Navy04]

Vet,

Hope you get some good news. Keep us up to date, and good luck.

[john999]

If you get denied be sure to appeal. Do not let the claim become final until you get 100% or TDIU.

[john999]

Rob

If you don't get 100% file a notice of disagreement. Then you can probably get a lawyer to take your case. Don't walk away from the VA without 100%.

Doing that may have cost me thousands back in the day. I would try for the SSDI again as well. Sit down with a lawyer and discuss it.

John