Where Do I Start...regular Claim Or Cue?

[Manonfire]

Hi everyone. I'm so glad I found this site. This is bit of a long story so please bear with me. I'm not sure where exactly to start with this and was hoping some of you could advise me.

In spring of 1987, after serving 2yrs in Army Reserve as a Combat Engineer (12B), I decided to go active duty. A pre-enlistment medical examination at the Beckly WV MEPS center found me to be without any conditions that would disqualify me for service. Shortly thereafter, though, while on leave, I crashed a motorcycle and spent a couple of days in the hospital due to various injuries.

I then had to go back to the MEPS to have the doctor reexamine me. Again, I was a cleared for active service and sent on my way to active duty.

During active duty, I injured my back, multiple times from carrying heavy loads. By then I was in Germany and it was then noticed that I had a condition called Spondylolisthesis. The Army then subjected me to numerous xrays, a bone scan, and physical exams in Nuremburg. All of those finding were then sent to Walter Reed for medical board review. I never did one day of PT while in Germany for the 14 months I was there.

Several months later the Army medical board review came back saying that military service was aggravating this condition and thus declared me as 10% disabled. I was then given orders for an honorable discharge and severance pay and exited the Army in August of 1988 at Ft. Jackson, SC. I don’t recall receiving a discharge physical.

When I got back home, I promptly filed my medical claim with the Huntington WV, VA. They reviewed the case, but never gave me a C&P exam or a physical, and eventually denied me as being service connected. I appealed and also tried later using a VRO which didn’t help and was promptly rejected again.

I also was limited for any further medical care since I did not meet the 24-months of continuous active service requirement even though my DD214 clearly states that I was discharged for disability and given severance pay (which nullifies the 24-month rule). They did see me on a few occasions at the clinic due to my low income however by then I was on Medicade and began seeing a private physician.

About ten years ago, without any assistance or records, I filed electronically hoping that the VA would review my service medical records and grant my claim based on the clear findings of the MEB. Again there were no C&P exams, consultations, or physicals and was again rejected due to no “New and Material” evidence. By then I had decided there were other vets worse off than me and gave up.

After living in Ohio for the past few years, I recently began having headaches and went to the Cincinnati, VA Hospital ER for help and to make sure I wasn’t having a stroke or unknown tumor in my head. While there the eligibility office discovered that the Huntington VA had made an error in denying my eligibility for services. She said that the 24-month rule was nullified due to the fact that it says on my DD214 “Physical Disability with Severance Pay” and entered me into the system as eligible for services.

This got me to thinking that I should reopen my claim since the Cincinnati VA said the Huntington VA was in error.

My back continues to deteriorate but I have no records from my private medical doctor (retired/died) from the 90’s. There wasn’t much she could advise on my back then anyway other than to tell me to take it easy, try to strengthen abdominal muscles, etc. So I have nothing to show from the 90’s.

In the early 90’s I was also diagnosed with Depression and placed on medication. I continued treatment until 2012 (had to stop due to no medical insurance). Sleep Apnea was also discovered within the last decade. The treating physician said that more than likely I had sleep apnea when I was in the service (I could sleep in or on anything). She said she could write a letter stating so if needed.

I’ve requested a copy of my files from previous physician, and from National Archives in St. Louis which I’m praying contains my MEB decision and all of my treatment records while in Germany.

Since I have been declared “eligible” for medical services, I am hoping to soon begin evaluation of my various conditions.

Questions: Would I have to start a new claim? I looked on eBenefits for previous claims and don't see any records.

If I start a new claim and won, would I be able to claim retro pay? If so, how?

Is there clear and unmistakable error in this with Huntington VA claiming I didn't have the 24-months? What about not getting any C&P exams?

I'm off to see a county provided VRO but was wondering if I should see a lawyer for this or my congressman as he takes vet casese.

Thanks to you all for any advice.

[Manonfire]

Thak all of you for responding and the outstanding advice. Yes, as soon as I get the c-fle I will post the details. I really, really hope everything in in there. I've also requested records from Archives to compare the two. I hope my records did not get "lost" or "misplaced." When I came home from Germany, I should have stopped along the way and copied everything in the file I was hand carrying back on the way to Ft. Jackson. But I was young and trusted the system. What a joke. I look forward to hearing from you all again soon.

[Manonfire]

Im starting to recall more details now which is good. I also just had my first appointment with my primary care doc. The motorcycle accident was mentioned as the factor that started this ordeal. She thimks it might be a cause for non-combat ptsd, which surprised me, and has sent for a psych eval. The psych eval doc called me the same day explaining the services available and to expect a call soon to arrange an apponitment. The conversation with the PCP has got me worried though as I see them, once again, angling for blaming all my problems on the accident, which occured as I was transitioning from reserve status to active duty.

A few points: My Active duty DD214 shows a start date of 4/24/87. The accident occured in early March the month before. I dont remember if I had signed the contract at that point. But I do remember meeting with the MEPS doctor for a physical and needing him to approve me, which he did and off I went. That means its not in the line of duty since active duty hadn't started yet. Right? I also remember the doctors in Germany asking me how did I get approved.

I'm worried that my problems, especially if they diagnose non-combat ptsd (which could also be connected to the depression, anxiety), will be blamed on the accident and thus nothing in the line of duty. I can see them saying "Claim denied since all problems stem from accident that occured BEFORE active service began...have a nice day," while ignoring the back injuries and other issues that occurred on AD.

I also now recall being diagnosed with a "personality disorder" while on active duty. Clearly that was incorrect as I have suffered from depression and anxiety issues. Yet it stands to favor VA's position from what Ive read on here about personality disorders or just blaim it all on the crash.

I apologise for ranting. My anxiety is peaking today from thinking about all this. Talking to her opened up things I had forgotten. The anxiety and depression has contributed to the failure of two marriages, changing jobs over a dozen times, and years of alcohol abuse (thank God I quit nearly 4yrs ago). I would feel like a real fool if I had to go to a ptsd group session surrounded by vets who have seen real war and death and me talking about falling off my bike. My issues are small and not that serious when compared to what others have went through.

My records were requested a month ago from Nat Archives. DAV sent a Foia request for my c-file. From what I've read on here DAV help is a mixed bag. Will they send me a copy? Once everything comes I think I will hand it off to a law firm for review.

As always thoughts and comments are welcome.