Claim took 28 days from submission to ruling

[E1toO4]

I've been lurking this forum during my entire last year on active duty, which recently ended. I served well north of 20 years on active duty in the military. I paid attention in TAPS class, especially during the VSO (AMVETS) portion. I took notes.  I began seeing my military doctor a year prior to retirement regarding issues I'd concealed and downplayed as not to hold my active duty career at risk (military job required strict medical physicals, high clearance, etc).

At the advice of my VSO, I came completely clean from head to toe on all issues to my military doctor. I immediately lost my eligibility for my active duty job in doing this, but it was a calculated decision. I spent the next year fitting in medical appointments while still on active duty. I met with my VSO on three seperate occasions before submitting my claim. I listened to everything he said and followed his council exactly (he recommended I go back to my active duty doctor for clarification on a few issues he discovered in my active duty MTF records). I requested two certified copies of my MTF and it took about two weeks to get them from the hospital (I was still on active duty so I was able to come in every day and apply pressure to the records people). I went through each of the 800 pages of my record with sticky notes and a highlighter before turning them into my VSO (AMVETS) to help him arrange my paperwork. I finally felt that I'd reached the point of submitting my claim, two weeks prior to my last day on active duty. 

My claim was submitted (in eBenefits) on 01AUG2017, and finalized on 29AUG2017 at the final rating of 90%.

According to eBenefits, I was awarded 50, 30, 20, 20, 10, 10, 10, 10 for various issues and a few 0% service connected ratings which surprised me as one of the zeros causes great pain and suffering in my daily life.

I just wanted to share my story of going through this process methodically and honestly during my last year on active duty.  I'd also like to say that although I feel I have PTSD, I did not claim it as I don't want to lose my firearms or effect any future gainful employment. I know that some of you will say that it would have no effect on my constitutional rights, but I worry about what the laws will be tomorrow, not today.

Thank you, E1toO4

Edited September 1, 2017 by E1toO4
Grammar, spelling

[pwrslm]

Great job getting all of it in before your got out.

Now, the part that fixes the errors. The ones you got that are at 0% you noted. The basic rule is that if it causes pain, they are supposed to give you the minimum rating, which is the lowest (paid) percentage in the books. This could give you a 10% for each one. The pain should be noted in your medical file.

The next thing, go here. Look at see what the rating is that you were awarded. Then look at the next higher rating and compare it to your symptoms. If the symptoms resemble closer to the next higher rating, appeal that. Do this for all of your conditions.

Last, but not least, check the claim. A lot of the time you will put in multiple claims, and they just sort of forget that one or two or three are there, and they dont rule on them. Its nice to think that they will, but I am not a betting man...and a lot of vets get screwed out of the rating because they dont appeal it. If you put in a claim, they must give you an answer. Sit down with your VSO, go over the claim you put in, and insure that the VBA gave you a response for every issue you raised.

When you file an appeal they will do a De Novo review of your claim and if you document the errors they made, they will correct them and the appeal for that issue will be dropped. A senior examiner can fix the error in the review. The alternative is that you take what you got and run with it, no matter if the RO made an error or not. As it is, it appears that you are at  about 86-87% that rounds up to 90%. It would take some doing to get over 95% (that rounds up to 100%) but if you do that, it will be a huge jump in your disability benefits.

[E1toO4]

PWRSLM— thank you very much for your informative response. As it sits now, I'm shell shocked that I got to 90%. I'm going to let it simmer for a week or two before I decide what to do. My gut says take the 90 and feel fortunate that I got it.  The zero rating that surprised me the most is the bilateral pes planus (both flat feet). It causes sever pain in my feet and ankle joints and was noted in my medical record for decades and at my C&P exam. I've had to wear insoles to function and it's gotten more painful the past 5 years as noted in my active duty medical record.  Even if I got a maximum rating on that, I don't believe it would get me to 95%.  I'm not nearly as intelligent on this as most of you. Thanks for responding to my post, I greatly appreciate it!

Edited September 2, 2017 by E1toO4

[Tbird]

@E1toO4 Outstanding!!!

[pwrslm]

http://www.militarydisabilitymadeeasy.com/search.php

 

I left this link out.  This place does a great job helping ID symptoms and ratings for all the conditions the VA defined.

Being happy is good. You dont want to rest on your laurels with this though. The VA history screams loudly that they will and do take advantage of us often by lowballing and ignoring claims. If you have children or a spouse, it can make a huge difference. Benefits for dependents usually kick in over 100%, and  if/when they determine your conditions to be permanent, then they will provide health care as well. 100% P&T does not mean you can not hold a job unless they give you individual unemployable at a lower rating that boosts you to 100%. With the P&T you r spouse is also eligible for CH 35 benefits. This sends her to college for free, your kids too...

IF you do settle with this, its ok. I waited 35 years before my spine became a jigsaw puzzle before I went back. You have 1 year free run without the hassle after discharge because it is assumed to be SC automatically. If it is a condition that is SC at 0%, its much easier to get an increase in than prove SC in 20-30 years.

Edited September 2, 2017 by pwrslm

[killemall]

90% is a great start!!!