Back Injury Compensation( Lack Of)

[swiggs]

hello everyone,i am a 51 yr male (ARMY) . i fell off a tank in Fort Polk Luissianna in 1982 in the motorpool in preperations for deployment to Ft. Irwin California for desert training in reference to Lebanon. i landed flat on my back unbeknownst that i had permantly injured it. fast forward to 2010, i had surgery on my low back,4 vertabre fused,4 rods a plate & screws installed . the VA said that it needed to be fixed because of my injury in the military.i filed a claim for benefits through my VSOoffice .filed the claim in 2010 denial of course, i appealed the decision and gave them all the information they wanted but for some reason the TMC (troop medical clinic) report of my fall had just dissapeared.i am disabled , i had to stop working in my carerer (welding) my legs go out from under me at unannounced times which causes me to fall, risking injury to my lower back appliances, operating again is not an option because the risk of paralization to my legs . the VA pays me travel pay to my appointments no co-pay on meds & so on.Im treated like im 100% but the federal government has yet to compensate me for my DISABILITY.my wife who is also a veteran of the Army has had to resign her position at the VA medical center where she had worked for a number of years to become my caretaker because of my falling.I recieve SSI but as anyone knows it does not pay the bills.my question is ,what options do we have to get the government to recoginize and pay me for my very lagitiment disability &what programs are availble to my wife for being my caretaker in the form of compensation for her?social services has no help for two army veterans , they did offer $15 food stamps, no thanks! we are just VERY frustrated with this whole fight !! i have worked my whole life just to hit the proverbial wall of dead end . im pleading with anyone that has a glimmer of hope to my questions. thank you,! Swiggs. God bless all my military brothers & sisters .

[Berta]

Back conditions, claimed years after service, are often very difficult to succeed in.

Perhaps the "TMC (troop medical clinic) report" is within the SSI records.

You might need buddy statements to prove this injury occurred and then an IMO/IME to support that no post service injury was the caused of this disability,and the only etiology (cause) was the service accident.

Do you have you complete SMRs and Military Personnel file?


Are you able to scan and attach the last denial to a post here in Claims Research? Cover your c file number, name and address before scanning it.

The last denial contains key issues with the claim that you still have to overcome with evidence.

In order to re open this claim you will need new and material evidence. That means any evidence the VA did not have when they denied you.

A Buddy statement,from someone in your unit who was an eye witness to the back injury ( if the VA has questioned that) would be considered new and material evidence.


We have info here on Buddy Statements, and IMO/IME info in the IMO forum.

If we can read , via a scan attachment, the actual denial ,we could help more.

Have you had consistent VA med recs since service for this condition? Or have you consistently been seen a private doctor for it?

[Navy04]

Swiggs,

The problem you have is the fact that you are only at 10%. I am 100% VA, 30% Medical Retirement from Navy, and I collect max SSDI beginning next month. My Wife just got approved from the VA for the Caregiver Support Program. The VA will pay her 2K starting next month to be my caregiver. Do you collect SSDI or SSI? Usually you only collect SSI if you are waiting on an outcome for SSDI, or you did not work long enough to pay enough taxes to collect SSDI? My best friend has Parkinsons and he only collects SSI and has kids, so I know how hard it is to make it. What is your 10% SC for? Do you have other conditions, or have you submitted a claim for increase? If the VA has recognized that you are SC for your back, then there should be no issue getting a high % for your back. I was only 30 when I was Retired, and now at 32 I have found it to be very hard. I am going to have back surgery this year, a Spinal Fusion and Rod, so I understand the back pain. I can not even take Pain Meds because of my Crohn's Disease. God Bless your family and you, and good luck.

[Berta]

Thanks Navy04, good question.....as to the 10%.

As you said if the 10% is for the SC back already, that is a big mountain that does not have to be overcome.

[63SIERRA]

the va fights back conditions tooth and nail because they know how many secondary conditions tend to spin from back conditions. They will deny no matter what evidence you have and try to say it was an old injury, developmental disorder, congenital disorder, ect, ect. why is it that they will grant things like tinnitis at the drop of a hat? because nothing else usually secondaries from it and its a minor, low rated injury. It all boils down to money.

[ArNG11]

True this is the way they do business. However, don't give up. If its in your records, SMR's, you have proof of the injury or disease, if you have treatment, in service and post service, then you have the evidence you need for continuing treatment and current problems. Fight for your case. Read the CFR and aqauint yourself with the regulations and law. Don't give up or settle for anything less than you can prove and deserve. It's going to be a fight, I kid you not and make no mistake about that. But use the tools to get the job done. There are people here that will help. Give the VA hell. !!!!!!!!!!!!

Get your records, it is imperative that you do so. Start getting you medical records together and be precise on your claims. Get IME and IMO to blow their bogus evaluations out of the water. Stay in the fight until the end.

Edited April 27, 2014 by arng11