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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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    • Howdy all,

      The VA DRO denied my claim for an earlier effective date for my sleep apnea. They originally denied it in 2008 but granted it in Nov 2019 secondary to my GERD. I was rated for GERD in 2001. So I had it in 2008. I have attached the 2008 denial, 2018 approval, and the NOD SOC. All of my medical files and the medical articles and VA Citations referenced were in existence in or before Jan 2008. The only new items were the NEXUS letter from Dr Bash and a few extra buddy letters. The original denial states that my medical records show no diagnosis or treatment and only isolated complaints of symptoms. The denial does not even list my wife's or my lay statements as evidence reviewed. I have symptoms listed numerous times in my SMRs:

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Ric

EPTS, Permanently aggravated by service condition

Question

Hello Brother & Sister Veterans. I have a question that has caused me some concern, every since I finally received all my medical records from the NPRC, addressing when I separated from the Military in 1992. I was directed by an MNRB TO MEB. Diagnosis was :Symptomatic pes planus , condition EPTS , the  Doc stated" Due to the pain in both feet, the patient is unable to run, participate in physical training, or stand in formation, and is unable to perform in MOS, in spite of permanent profile given in 1990:. The MEBD form states" permanently aggravated by service."

Question is this, if that condition existed, and the documents support a permanently aggravated by service" condition/disability, should my discharged have been a medical?

Btw, I just  signed and sent off a 20-0995, the claim was closed, but I received additional medical records from being stationed AT SHAPE & EUCOM, Not going to complain, just thankful it came in. Still need an answer for the above question., Thanks  

 Thanks in advance for any insight and recourse. I am a a disabled Vet, served both USMC and USARMY.

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Short answer?  

Im not sure it matters, whether your discharge was "medical", honorable, etc., it sounds like it was good enough to get benefits since you are SC.  

Remember, if you applied within a year of discharge, you should get an effective date back to the day after discharge.  

Maybe you know something about "medical discharges" that I dont know (that is entirely possible) that would make the type of discharge relevant.  

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Medically discharge or not  you still qualify for all benefits.

especially if they said in your medical records

'' and the documents support a permanently aggravated by service"

That is the opening the door for service connection.

The only bad discharge would be of course Dishonorable or Desertion discharge

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17 hours ago, Ric said:

Hello Brother & Sister Veterans. I have a question that has caused me some concern, every since I finally received all my medical records from the NPRC, addressing when I separated from the Military in 1992. I was directed by an MNRB TO MEB. Diagnosis was :Symptomatic pes planus , condition EPTS , the  Doc stated" Due to the pain in both feet, the patient is unable to run, participate in physical training, or stand in formation, and is unable to perform in MOS, in spite of permanent profile given in 1990:. The MEBD form states" permanently aggravated by service."

Question is this, if that condition existed, and the documents support a permanently aggravated by service" condition/disability, should my discharged have been a medical?

Btw, I just  signed and sent off a 20-0995, the claim was closed, but I received additional medical records from being stationed AT SHAPE & EUCOM, Not going to complain, just thankful it came in. Still need an answer for the above question., Thanks  

 Thanks in advance for any insight and recourse. I am a a disabled Vet, served both USMC and USARMY.

Thanks brothers, that helped some of my thought process on issues of disability ion my feet. My next question is this? Since the Army has shown a condition permanently aggravated by service, why didn't they notify me of it  then and  my options? They completely skipped that part when I separated, and why after so many years of fighting the VA, who allegedly  has access to my military records, made me fight for that particular disability benefit when I claimed it?   Should I try to appeal that overlooked aspect of my disability  from the Army. I was just curious if any one else had a similar situation? and is it worth  attempting to recoup benefits from the Army and VA, back to that time of my Army separation in 92? I think I have exhausted all disabilities, after my discharge from the Marine Corps in 72 . They completely  deny my claims of TOXIC exposure first at Camp LeJeune and then Fort McClellan, so I'm trying for secondary claims. Any help is greatly appreciate, thanks again. Sorry if it sounds like whining, I am try to avoid ambulance chasers on my claims.

 

Edited by Ric

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I would suggest that you contact a good lawyer to consider if you have any case. It goes back quite a while so any award for back pay would be signifcant. Not being a lawyer, though, my question is how can you win an award if you never submitted a claim? That is why you would need a lawyer. They have to have something to use for you being denied "due process." IMO. As to Camp Lejeune and injuries, we would have to see details.

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    • Howdy all,

      The VA DRO denied my claim for an earlier effective date for my sleep apnea. They originally denied it in 2008 but granted it in Nov 2019 secondary to my GERD. I was rated for GERD in 2001. So I had it in 2008. I have attached the 2008 denial, 2018 approval, and the NOD SOC. All of my medical files and the medical articles and VA Citations referenced were in existence in or before Jan 2008. The only new items were the NEXUS letter from Dr Bash and a few extra buddy letters. The original denial states that my medical records show no diagnosis or treatment and only isolated complaints of symptoms. The denial does not even list my wife's or my lay statements as evidence reviewed. I have symptoms listed numerous times in my SMRs:

      a. Medical visit dated 24 Feb 76 for problem sleeping and depression.
      b. Physical exam dated 24 Jan 79 listed frequent/severe headaches" dizziness, and
      nervousness.
      c. Physical exam dated 07 Nov 83 listed frequent/severe headaches.
      d. Physical exam dated 16 Jan 85 listed frequent/severe headaches.
      e. Admitted to hospital 05 Aug 86 for chest pains and anxiety.
      f. Medical visit dated 14 Jul 87 for problem sleeping and morning confusion.
      g. Physical exam dated 25 Feb 88 listed dizziness.
      h. Physical exam dated 07 Oct 91 listed frequent/severe headaches
      i. Physical exam dated 25 Aug 93 listed headache.
      j. Hernia repair surgery dated 22 Ang 94 surgeon had to insert devices of some
      kind in each of my nostrils that went down into my throat to keep rny airway
      open and stop my disruptive snoring.
      k. Physical exam dated 29 Sep 99 listed frequent/severe headaches.

      So could you all take a look and let me know what you think.

      Redacted VA NOD SOC 04-09-2020.pdf
      VA 2008 Denial of OSA Redacted.pdf
      VA Claim Decision Ltr 08 Nov 2018 Redacted.PDF
      • 3 replies
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