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What Do I File Under?


emmak

Question

:D My son was in the navy for four years. He was a fireman/boiler tech. After working in the engin room for some time he started breaking out in hives. It got so serious he had to be med flighted to a hospital ship. Discharged from the Navy on an emergency leave he was not given a physical. He was at first denied comp and on a second try was given a lousy 10% disability.For twenty years now he has gone down hill. His bones are breaking down from what I believe is 20 years of predizone.He has constant pain in his hip and he also fractured his leg below the knee when he bent over to place a piece of paper under a door last spring. He now is to the point where he suffers from common variable agammaglobulinemia. B) (low white blood cell count) He has a port for his monthly infusions. He also has other medical problems, depression, back pain, severe sinus infections that he is unable to fend off. He is on constant antibotics. And it has come to light just recently that he was sexually asulted while in the Navy and there is documentation of it which accounts for a lot of problems other than the uticeria. He is on 21 medications at this time or a least has a current perscription open. Please help, I don't know where to start.

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I had a similar case with a relative who was in the Coast Guard. He is now 100% PTSD.

If you have documentation showing an event occurred in service, then he may want to consider filing for PTSD for Assault.

The Link below tells information as to Sexual Assault.

http://www.ncptsd.va.gov/topics/sexual_assault.html

http://www1.va.gov/opa/pressrel/docs/sexualtrauma.doc

To start the claim fill out the VA form 21-526 application for benefits. You can do it on line at the VA website.

You can also take your son to the nearets VA and meet with the DAV rep and also file the claim.

The Rep will walk you through the process. Also include copies of the record that shows the Assault. Do not give originals.

Call the va and get him treatment for his condition.

If you need any assistance at all, Please feel free to send me a message.

John

Edited by jstacy (see edit history)
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emmak,

First of all, your son should request an increase in evaluation for his already service-connected residulas of, I think you said, hives. Just have your son write a short letter to your regional office stating he wants to file for an increase in evaluation for that disability. You do not need to fill out VA Form 21-526 again.

As far as the 'agammaglobulinemia' and fractured leg, are you saying that these were caused because of the hives? If so, you'll need an IMO from a doctor to support your claim. Or was this noted in his SMR's from the Navy? This pertains to the sinus infections also. If the three conditions were noted in his SMR's, then he should file a claim for them by adding a short statement to that affect in the above mentioned letter also and submit all treatment records since discharge. If they aren't noted in his SMR's and your believe they are secondary, or caused by the residulas of the hives, you need to claim those as such in the letter, and as previuosly stated, you'll need an IMO to support such contentions.

In regards to the low back pain, is this noted in his SMR's, and, if so, has he been treated for it since discharge? If this is the case, he should file a claim for this by adding a short statement to the letter I mentioned above. Make sure his submits treatment records for his low back since discharge along with the letter.

As far as the sexual assualt, he should also submit a claim for this with a statement in the letter. He'll need to have a licensed shrink make a diagnosis of PTSD with him also making a nexus statement connecting the inservice assualt to his current PTSD. His deppresion will be 'lumped together with PTSD and your son will be assigned the higher of the two rating, if he is service-connected. Also, if your son has any documentation of the assault that is NOT in his military records, make sure the VA receives a copy of those records.

Hope this helps.

Vike 17

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Prednizone for 20 years?

There is possibly a link there to his many problems-

This vet was awarded service connected by the BVA for diabetes mellitus that was CAUSED by predizone.

He too had been treated for a skin disorder.

http://www.va.gov/vetapp98/files3/9821817.txt

I suggest that he claim many of these conditions as secondary to the prednizone treatment for the service connected 10% skin disorder.

If he is unemployed he should apply for TDIU too -I will attach the form.

Please read he advise I gave to (forget who) in a prior post today as to the TDIU application.

This vet claimed DMII due to prednizone treatment also- but he filed under Sec 1151 and was denied.

http://www.va.gov/vetapp97/files4/9731302.txt

If he had filed for secondary service connection instead -he could have possibly succeed.

I do not suggest Sec 1151 claim at all--

This medication has many side affects -especially after long term use.

http://www.drugs.com/prednisone.html

Other meds can interact negatively with it.

I suggest that you access all the info you can as to how this medication might have caused many of his problems and file for secondary service connection to the 10% skin disorder.

And certainly put the sexual assault info in the claim.

Does he have current treatment records for depression and also is he taking meds for this?

The depression sounds like it could be due to the assault and he already has evidence of that.

Vike is correct-this is most surely PTSD- but he needs a clear diagnosis of that.

TDIU_form.pdf

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