Helping A Fellow Vet

[willie 74]

Good evening everyone,

I am assisting another vet with his claim. Here is a little back ground. This vet was hit by a passenger car while on base when he was in the Marine Core. He suffered many injuries which I will list here shortly. They wanted to medically discharge him at the time but he was able to talk his commander in keeping him in since he was so young and wanted to do so. He was discharged later because his enlistment was up and he wanted out. He did not put a medical claim in until about 8 years later. To make this short he was given ten percent for hearing loss. I will copy and paste his injuries he sustained so you can see them. I will also appreciate if you can assist me in what he should be claiming for. thank you in advance and I will also post some questions.

Date of accident 28 June 1998

Diagnoses:

Acute Renal Failure, unspecified

Volume depletion

Closed fracture of dorsal thoracic vertebra

Closed fracture of unspecified part of fibula

sprain of medical collateral ligament of knee

sprain of cruciate ligament of knee

other disorder of muscle, ligament, and fascia

edema of male genital organs

Ok these injuries were from the accident in 1998. I will now post some statements from his medical paperwork dated 3 July 98. these statements are not in order, I just tried to post the important ones.

The patient was hit at 35 miles per hour on the left lower extremity and bilateral back, the patient denies loss of consciousness. The patient states that his extremity and back pain has progressed since discharge. Vertebral tenderness in t-12, difficulty in medial and lateral movements. X-rays revealed a t-12 compression fracture. CT of the abdomen showed bilateral striated nephrogram consistent with delayed excretion. No evidence of hematoma, urethra disruption, hydronephrosis. Slight ascites.

His left lower extremity was found to have a fibular fracture and torn mcl and acl. 30 days convalescent leave.

This is the only medical paperwork I have of his. Since leaving the military he has had several jobs, his injuries have cuaght up with him and prevent him from doing much work at all at this point. I tried to obtain his award letter of ten percent and what was denied but had no luck. He did not have any idea at the time how to file a claim and probably did it wrong. However I really want to help this vet out. I did my own claim with help and advise from fellow vets here and I am one hundred percent. I feel this vet is due for more than just ten percent for hearing loss.

​So I just need some insight on what he should claim, Major depressive disorder, and for his back I am not sure if it would fall under ddd or not. Just need help here. Thank you, thank you all for any insight..

[Mikemmlj]

If he didn't file for the depression initiaally he can file it as secondary to the hearing loss.

[Buck52]

I am a firm believer in IME/IMO's, file for increase/ask for TDIU P/T file form VA 21-8940

because his medical disability's have worsen & prevents him from working, if denied File NOD, Submit all his medical records from 1998 along with the new IMO/s

get on internet print off a DBQ have Doc to fill it out & attach his/her statement/medical report to it

send it in

Other members can chime in!

JMO

Buck!

Edited February 18, 2015 by Buck52

[willie 74]

Thank you for the info, would his injuries still be service connected?

[rpowell01]

If they happened in the military and they are in his records then yes.

If any of these issues are a progression or secondary of the primary issues you listed then Buck is right you will most likely need a medical opinion (NEXUS). First you two need to research this website: http://www.benefits.va.gov/warms/bookc.asp

this is where you will find the 38 CFR Book C, Schedule for Rating Disabilities. Understand that the VA can't list every single medical issue as a rating because there would be too much so they try to find the one that is closely related.

Now, if you two want to know the ins and outs of the VA and how they do things and how you file your claims and what you should do you need to get this book:

http://www.lexisnexis.com/store/catalog/booktemplate/productdetail.jsp?pageName=relatedProducts&prodId=12734#

Trust me, with advice from people here at Hadit I did everything myself and in the end I realized how the VA lies on C&P Exams, try to divert the truth when they rate veterans.