Where To Start? Do I Qualify?

[Tampabud]

Hello everyone...

I had service-connected surgery in June of 2014 on my left shoulder. The surgery was a "failure" as my labrum was found grossly unstable and not amenable to repair. I am in law enforcement, but as a result of the bungled surgery and subsequent "cleaning" aka removal of existing scar and muscle tissue that held everything together, my shoulder now is painful and worthless, and the doc won't sign me off to return to duty.

To make matters worse, I requested an increase on my rating as the original rating stated I had a shoulder sprain with bicep tendonitis - 10%. They had misdiagnosed me and it turned out a lot more than that. On February 24, 2014 they closed my request for increase without even addressing my claim! Like, they just closed it! Manila envelope that came mentioned absolutely nothing about my shoulder.

As I type this, I am awaiting placement into a "desk job". I am losing quite a bit of money in overtime, and the surgery has rendered my B.S. in Criminal Justice near worthless. My operational days of law enforcement are over. What are my options? Do I qualify for vocational rehabilitation? I would just as well get my Masters if possible in a field that will be worthy.

Other than that, I have no idea what to do. The DAV has been horrible and worthless, the surgery left me in pain dammit, and man am I losing money. Suggestions please! Do I need a lawyer? Recommend one! Thank you in advance for taking the time and reading this, I have no idea how to deal with the VA, and realize most any experience has left me frustrated and ready to donkey punch everyone at regional.

[jbasser]

Do you have a disability policy with the PD?

Also file for an increase, Did you get the 100 percent temp for the surgery? Take disability and ask for TDIU at the same time. Also file for SSDI.

That may be a lifeline.

JBasser

[Navy04]

I feel for you bud, I have a Torn Rotator Cup and my shoulder claim was altogether dismissed last year, when I was Medically Retired. Now, I am having surgery in a few months, and will have to battle the VA then. Also, I was an Agent last year Tracking Violent Sex Offenders, as I have a Top Secret Clearance and a Masters in Criminal Justice/Homeland Security. I have severe PTSD and physical issues, I think that is why the SSA approved my SSDI in less than 4 months, all I knew was chasing bad guys. God bless and good luck. Keep us posted

[Tampabud]

I did file, and recieve the temp. 100% increase. I did not apply for TDIU (don't know what that is) or SSDI. I will be sending off my NoD this week. My agency is placing me in a desk job as a result of the surgery, which means I lose all overtime, but thankfully I still have a job.

Navy04, thank you for your service. Take care of that shoulder after the surgery and be patient! Make sure you focus on your physical therapy and don't skip out on it! As a recipient of three shoulder surgeries, I can attest to the importance of it. I will keep everyone posted in regard to what happens with the VA.

[Berta]

Can you possibly scan the decision and evidence list and attach it here.

I dont understand---you requested upgrade to the shoulder comp you have now, but

"Manila envelope that came mentioned absolutely nothing about my shoulder."

I dont see how you can prepare a NOD if the decision is not for the claim you filed. Was the manila envelope for the temp convalescent pay?

If a veteran is buggered medically by the VA, to the point that tythey have incurred additional ratable disability, then the VA has to compensate the veteran under Section 1151,38 USC.

These types of claims have to be filed formally and need

documented proof of additional disability directly due to VA negligence .

You can receive successful 1151 comp money in addition to direct SC comp benefits, in many cases (if not all)

I am a 1151er.We have a wealth of info on this type of claim in our FTCA/1151 forum.

You can consider filing FTCA claim as well......

"Do I need a lawyer? Recommend one!"

I recommend Doug Rosinski---contact info here under a search BUT first you need to find out why the VA failed to send you a decision on the actual claim you filed.

Was it clearly spelled out along with the temp convalescense claim as a separate claim for higher rating of the shoulder??

Even though it would be obvious to anyone that your SC shoulder got worse then it was, the VA does not use common sense or consider the obvious.

Did you have a C % P exam that covered both the temp comp and the upgrade claim?

Do you have a copy of the C & P exam?

Have you sent them a IRIS inquiry asking them what about the shoulder higher rating claim, via the main www.va.gov Contact Us area on the main VA page?

There is a drop down IRIS box for complaints and I sure would send this as a complaint.

There are many vet lawyers who can help claimants if they are denied and need to file a NOD but as I see this, you were not denied yet so I dont know what, at this point, any lawyer could do.

I assume they didnt say in the letter that they have defered the should claim....????

I think any vet lawyer might ask you these same questions because at this point, you cannot disagree with a decision you dont even have.( actually it would sure surprise me if they denied the shoulder claim for a higher rating and I really dont think you would need a lawyer for that unless you pursue the 1151 issue as well.).

Edited March 12, 2014 by Berta

[Berta]

The answer to your Voc Rehab question might well be here:

http://www.benefits.va.gov/vocrehab/eligibility_and_entitlement.asp

[Tampabud]

I wrote a NoD, but the manila envelope that came had NO mention of my request to increase the rating on my shoulder. I did have an exam in January, the doctor agreed that my arm was "buggered" even noted the numbness in my hand from the surgery. He also wrote a letter for my employer regarding the failed surgery and that it would be permanent.

The only reason I wrote the NoD is because they closed my claim. It was bundled with a tinnitis claim, which I had an exam and got approved for 10% on. When I called the VA, twice, the rep on the phone was surprised and acknowledged that my claim was completely closed, even though it seemed they had all the evidence needed to make a decision. It was not forwarded elsewhere for consideration either, just closed, period.

I am unfamilar with 1151 claims and FTCA, I'll have to check it out.