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Sue military for vaccinations issue?

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Ace M

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I was discharged from BMT in 09 when all of a sudden i lost all my strength, became fatigued and had pain all over. I was given cervical and lumbar strain for a total of 20% about a yr after my discharge. I have not been able to work a job since my discharge. I have not been able to attend college. I have SSI and receive around $900 total. I have been going to the VA for treatment this entire time and test after test they could not find anything. In 2016 a neurologist diagnosed me with fibromyalgia.

If i file a claim now and i do get compensation but that wont help me from 09 to 2018. My life was destroyed in 09 and my medical issues were a mystery for almost a decade.

Do i have any legal options? Or was it when i signed the papers to enlist i gave all my rights away? If its the latter, i understand and will simply make a claim but for missing out on compensation from 09 to 2018 is a huge sting especially since the doctors simply did not diagnose me. Even though i went to every single test and continued to go on a regular basis.

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  • HadIt.com Elder

AceM

You Need your C-FILE to see whats in it, you could be totally surprised as to whats in it to help substantiate  your claim or claim's     

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"I was advised that it may not be the best idea to claim it because I could get a higher rating with the cervical and lumbar strains. If fibro was approved the strains would be covered by the fibro diagnosis."

My reply was too abrupt-I had to leave the PC suddenly-it is Very Hot here in the NY Allegheny Plauteau- and I had to cover my porch cushions - we are set for a thunderstorm- by 2 PM EST

I hope anyone affected that this extraordinary heat wave is staying cool and drinking a lot of water- wea re under a High heat alert until maybe Tuesday

"Does the 30% non service connected depression count towards TDIU?"

No.

Is it possible your depression could be somehow service connected?

Also- you mentioned the 20% SC lumbar situation

"My NOD was filed back in 2015 for the cervical and lumbar strain increase and ebenefits shows it under active appeals." Have they set you for a C & P exam yet on that?

A vet I know got 10% for back injury in service many years ago, He never appealed or applied for a higher rating and now he can barely walk. VA showed him X ray of his hip and it was full of arthritis and they told him they could not give him a hip replacement??? but I dont know if that is a medical fact-again I urged him to re- open his claim because he say VA calls the 10% DDD- Degenerative Disc disease-but I am not sure of that-he does'nt explain things too well-still-

my point is any lumbar or anatomical disability that affects some joints, or some cervical conditions, in time, is probably going to get a lot worse....and can often at some point warrant TDIU.

It could also cause depression as  secondary to similar lumbar- cervical issues with a strong IMO/IME-

 

Do you have documentation in your medical Records of these work up results?

 

"Additionally, the medical professional noted that you were extensively worked up by

neurology, rheumatology, and rehabilitation medicine over the years since military discharge

with no evidence for fibromyalgia and no discussion of it being a possible etiology for your

complaints. "

 

 

 

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just to add- Dont give up on this----

 

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