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.

[63SIERRA]

there was a recent case posted on had it, I think I posted it where a vet kept calling abt his claim telling them he was dying, please approve it. well one day after he died, the family got a letter. he would have gotten a big sum of money like half a million, but being he died, his family couldnt collect on it. it was like they read the obituaries. and when they found out, sent it. just sickening. the vet was a high speed soldier too, been thru the thick, and back, was a DI if I recall. They strung him along and waited for him to die.

[Tampabud]

Awesome info from all of you. I guess I have to start my claim process all over again, since regional says I never opened a claim, even though it shows otherwise, and I have the exam letter from January. I am going to try and figure out the 1151 claim thing since they screwed me up. I do have copies of everything too, and will mail everything off certified mail.

[Tampabud]

I have a caveat I wanted to add to the mystery of my claim... post surgery, I asked for fee based therapy, as the place they wanted me to go was 1.5 hours away from my home. The expectation was I make the trip 3 times a week. I immediately asked for the fee-based therapy and the doctor at my post-op said no problem.

I waited and waited, finally, in December of 2013 I got an envelope in the mail that was approval for the fee-based therapy. I took the letter straight to the physical therapist, scheduled appointments and FINALLY got the PT thing going. Only ONE problem, at my first appointment, the PT Doc said they couldn't go through with the therapy because the VA forgot to put some kind of charge code in the paperwork, which would have authorized the fund site to pay for my PT. Another 1.5 months go by with multiple attempts by both myself and the PT secretary to get the special code to start my PT, to no avail.

They finally got a hold of someone at the "fee-based" PT office in Sepulveda. They stated the consult for PT had expired, and I had to go BACK to the VA doc to get another consult for PT. LOL WTF I've gone on THREE seperate occasions to my VA satellite clinic and been told by the front desk that my doc would call me. I still have heard nothing.

I am 9 months post-op, with no PT. All efforts of PT have been at home with the help of youtube videos and PT advice I had from surgeries I've had on my other shoulder, workers comp.

I say I would giggle at the incompetetence, but it isn't funny. The impact on my personal life, the discomfort and pain, and numbness have been terrible.

[yoshi]

VR&E is simple. It's the counselors you'll have a problem convincing. They want to know how your disability impairs your ability to find work. What worked for me is I provided real life examples of why my disability impairs my job prospects. They want 20% or more. Please, whatever you do. Don't go in there act like you know everything. One guy in the class was acting all cool asking specific questions about specific benefits. Primarily independent living. You could clearly see he was after the benefits. Don't be that guy. His meeting with the counselor was short lived. Then he came out there "F the VA man." We all looked at each other and started laughing. Complete idiot. Put forth an effort to find a job; then, if it doesn't work go ask VR&E for their help. They will help you, but you need to help (well for the first 3 years...LOL Another story) yourself first.

I wouldn't speak to them until you have a clear defined plan for your life and you have actually tried to find work. Other than that, VR&E you're SOL. Trust me on this, if they will accept me, they will accept you. You just have to convince them that you tried and are at your wits end in the job department. My response may or may not apply to your life now, but it will in the future. Just remember what I said. Take care and best of luck. VR&E trumps post 911. There's benefits that remain hidden. Try to get it if you can, but don't BS them.

Edited March 26, 2014 by yoshi