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Army Veteran 2008

Respiratory Conditions

Question

In 2010 while I was on active duty training I was hospitalized for a month. For walking-pneumonia, pneumothorax, hemothorax ,decortication and thoracotomy. I had 3 major surgeries in 48 hours, 2 blood transfusion, placed in a chemically induced coma and placed on a ventilator and life support. I spent two weeks in ICU. While recovering I had to re-learn how to eat, talk and walk. I some how turned into a vegetable. With this being the first time I've every had to go to the hospital I was traumatized by the visit. At the time I was 19. Since this was ADT, and not AD a LOD was done and found "NOT IN THE LINE OF DUTY." "NOT DUE TO OWN MISCONDUCT." Because I was receiving treatment before going on active duty. I was doing Honor Guard for deceased veterans. When the funding became available I was placed on an ADT status. 

6 months after this incident I was deployed to Afghanistan. While there I was always short of breath. I continually coughed of blood and phlegm. I was medevac to a larger base that had better medical equipment to find what was wrong with me. I was diagnosed with bronchitis and given an antibiotic. It felt like I could never breath in enough oxygen. I stayed at a FOB that was in the middle of a village. Every couple of days the would dump human waste in the holes the locals dug and burn it along with other chemicals and material.

I have been filling for asthma since I returned home from Afghanistan. At the C&P exam I did when I first filled back in 2011, the decision letter stated "The provider referred to a period of inactive duty."  Service connect was denied. Which was a true state, but the provider never mention any of the incidents I had while on active duty in Afghanistan. With that a CUE claim has been filed and I now had another C&P exam coming up. I had PFT test done then and I had one done today. My question is which one will they use, and what if i run in to the same situation at the C&P exam. I have been on an albuterol inhaler since Ive been back I still continue to cough up phlegm and i constantly get respiratory infections. Im still always short of breath to where it affects my daily activates. It has gotten to the point where I become depressed because I'm not able to have fun with my two boys, as any father would and having to explain to them why I can't  run or why I can't wrestle with them is heartbreaking. Any advice would be helpful!

 

Respectfully,

Army Veteran 2008


 

 

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My whole reply vanished????????

"With that a CUE claim has been filed and I now had another C&P exam coming up."

Good for you...It sounds like a violation of 38 CFR 4.6.

7 hours ago, Army Veteran 2008 said:

My question is which one will they use, and what if i run in to the same situation at the C&P exam.

CUE them again!!!!!!!!!!!!!!I

had referred you to the link in this post.

What a shit.....that last post was detailed......maybe I can find it again

 

 

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OK, I found it, I knew I posted it:

http://community.hadit.com/topic/68271-respiratory-conditions/#comment-420139

It helps to stay in one forum at a time......this question was posted in 2 different forums.

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Hi Berta,

No ma'am I am not unemployed. I have not considered TDIU because if my age. I'm only 25. I am really bad with acronyms SMR's?? What would the second CUE be for? This CUE Claim is for Pneumothorax, Hemothroax, Decortication and Thoracotomy with concurrent claims of Respiratory Conditions, Sleep Apnea, and Chronic Fatigue. The CUE claim and Asthma and Costrochondritis have been reopened twice and denied both times since coming back from Afghanistan. No new appointments were made after the first denial. This is the first appointment I have had since the last denied reopened claims. I also have an appeal going for Asthma, and Costrochondritis. All of my treatments have been at the VA, except for the incident in 2010 while on ADT, which has been given to the VA to include with my medical history. 

 

The CUE reads,  I am making a CUE ("clear unmissable error") claims for asthma, costrochondritis, pneumothorax, decortication, hemothorax and the thoracotomy. The VA committed legal error when it denied these claims on August 2013.

The VA's 2013 denials do not mention my service on active duty in 2011. the army issued active duty orders in August of 2011 and I was sent to Afghanistan. I have enclosed copies of those orders. Because I was on activity, I am entitled to the presumptions of soundness and aggravation; 38 USC 1111 & 1153.

When the VA over looked the presumption of soundness and aggravation it committed CUE.

 

 

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you want to delete your previous post or the entire topic?

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