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Just Separated, Need Help

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Bluegrass30

Question

I just separated after and I am starting my first claim and need some advice. First some background:

On my separation physical the Dr. noted the following under Summary of Defects and Diagnoses:

1.Shin Splints (s/p Right Tibia Stress Fx)

2.GERD

3.Tinnitus

4.High Frequency Hearing Loss Both ears

5. Right Shoulder pain, s/p Weaver Dunn procedure for Grade V A-C separation.

On the Report of Medical History (separate form), I noted all of the above and in addition I noted knee pain. The doctor commented in the notes section on each one and just put "noted" for the knee pain but did not list it under Summary of Defects and Diagnoses. I also have a copy of my medical record so making any SC connection should not be an issue.

General Questions

1. Should I go see a private doc to document everything again?

2. Should I file for everything at once?

Specific Question:

1.Shin splints- When filling out the form should I list each leg separately for shin splints and another for residual pain from stress fracture or just lump everything together? Also my last treatment was 2005 but they are still jacked up, so should I go see a private doc before I file?

2.GERD-First diagnosed on separation physical and prescribed meds that just ran out. Should I go see a private doc for this before filing?

3.Tinnutius- Should be fine here.

4. HFHL-From what I have read here this is a long shot.

5. Pain from shoulder surgery- Last surgery was a couple months before I separated so this should be good but once again wondering if I should get it evaluated by private doc?

6.Knee pain- Only item in medical records was from 1999 (trauma to left knee). They both hurt like hell but always just "sucked it up and moved on" while I was active duty. Any suggestions here since it was "noted" by the Dr. but not listed a defect?

7.Other joint pain- (Ankles and bad elbow) The are not listed in my medical or separation physical but someone told me to go ahead and list them on the claim in case they get worse later in life. That way it is already SC? What is your thoughts on this?

PTSD Question:

I was in OIF and after reading this board and other veteran sites I realize I fit the symptoms to a tee (and my wife agrees). I am planning on seeing a private shrink to see what they say but I am pretty sure I will be diagnosed with PTSD. Should I hold off until that is done and if necessary file later or file including PTSD now?

Also any other tips or advice would be helpful. I plan on talking to a VSO but this board has been a great resource.

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Guest rickb54
I just separated after and I am starting my first claim and need some advice. First some background:

On my separation physical the Dr. noted the following under Summary of Defects and Diagnoses:

1.Shin Splints (s/p Right Tibia Stress Fx)

2.GERD

3.Tinnitus

4.High Frequency Hearing Loss Both ears

5. Right Shoulder pain, s/p Weaver Dunn procedure for Grade V A-C separation.

On the Report of Medical History (separate form), I noted all of the above and in addition I noted knee pain. The doctor commented in the notes section on each one and just put "noted" for the knee pain but did not list it under Summary of Defects and Diagnoses. I also have a copy of my medical record so making any SC connection should not be an issue.

General Questions

1. Should I go see a private doc to document everything again?

2. Should I file for everything at once?

Specific Question:

1.Shin splints- When filling out the form should I list each leg separately for shin splints and another for residual pain from stress fracture or just lump everything together? Also my last treatment was 2005 but they are still jacked up, so should I go see a private doc before I file?

2.GERD-First diagnosed on separation physical and prescribed meds that just ran out. Should I go see a private doc for this before filing?

3.Tinnutius- Should be fine here.

4. HFHL-From what I have read here this is a long shot.

5. Pain from shoulder surgery- Last surgery was a couple months before I separated so this should be good but once again wondering if I should get it evaluated by private doc?

6.Knee pain- Only item in medical records was from 1999 (trauma to left knee). They both hurt like hell but always just "sucked it up and moved on" while I was active duty. Any suggestions here since it was "noted" by the Dr. but not listed a defect?

7.Other joint pain- (Ankles and bad elbow) The are not listed in my medical or separation physical but someone told me to go ahead and list them on the claim in case they get worse later in life. That way it is already SC? What is your thoughts on this?

PTSD Question:

I was in OIF and after reading this board and other veteran sites I realize I fit the symptoms to a tee (and my wife agrees). I am planning on seeing a private shrink to see what they say but I am pretty sure I will be diagnosed with PTSD. Should I hold off until that is done and if necessary file later or file including PTSD now?

Also any other tips or advice would be helpful. I plan on talking to a VSO but this board has been a great resource.

You should follow up on all of your treatment, but since you just seperated you should not have any problems getting service connected for anything that is in your medical records. Submit you claim asap, the sooner submited, the sooner you will be compensated, Best of luck

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  • HadIt.com Elder

Bluegrass30,

You should file for everything all at once; bi-lateral shin splints, GERD, bi-lateral hearing loss, bi-lateral tinnitus, right shoulder condition, right or left elbow (you didn't say which one), Bi-lateral ankle condition, and PTSD.

As far as the one elbow and ankle conditions, if they aren't listed in your SMR's, they still may warrant service-connection under the 'presumption' if there is arthritis in those joints at a degree of at least 10% disabiling. Since you are filing your claim withing one year of your disacharge, you should claim thses also. With regard to the PTSD, you should go see a shrink and have an official diagnosis done to help your claim along. You should also make sure any documentation regarding your 'stressors' is obtainable from your unit if you still have any contact with them. The longer you wait on this, the harder it will be to get any of the needed records ect...

I hope this helps.

Vike 17

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Guest fla_viking

Dear Bluegrass

I was within one year of service when I took the VA's MMPI tests and got counseling. Im 100% now after 25 years of them destroying the tests results and refusing examinatons. Be very careful on how they may try to play down your psych problems and even discourge you from treatments. IF that is the case and you can afford private Dr's Do that just to document your disablitys.

I hear they still are playing that slap the vet with personality disorder which does not pay anything. If you get one of those, relax everyone knows its phoney but you do need to get honest diagnosis of your disablity.

Be very agressive in documenting your diablitys within one year and keep all documents you have that prove that. the VA will loose your proof if you rley on them soly for custody of your records.

Terry Higgins

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  • HadIt.com Elder

Bluegrass 30, Welcome aboard.

These folks offer excellent advice.

1) I want to add to the mix by advising you to go to the nearest VA to enroll in healthcare. Take a copy of your DD 214. Once your enrolled, they will give you a primary care Doc.

What is the closest VA to you?

2) Check up on your VSO before you sign their POA.

A Veteran is a person who served this country. Treat them with respect.

A Disabled Veteran is a person who served this country and bears the scars of that service regardless of when or where they served.

Treat them with the upmost respect. I do. Rejection is not a sign of failure. Failure is not an option, Medical opinions and evidence wins claims. Trust in others is a virtue but you take the T out of Trust and you are left with Rust so be wise about who you are dealing with.

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Great advise here-

Welcome Home veteran-

You sure are getting your ducks in a row- and that year after service can easily slip away fast so it is important to file this claim ASAP.

The initial 21-526 claim form is at the VA web site- but a Vet rep has this form too-

and if the rep fills it out ask him /her for a copy of it and you can refer them to an additional page if need to make sure all your conditions are claimed.

One thing about the VA -make sure you get proof of mailing Everything- and send them copies- not originals-

I recommend paying extra for a tracking slip-

this means- whether you mail the stuff Certified or Priority-you can track it on the USPS web site and get hard copy proof that they have received it.

You sound well organized. Nothing better than having manila folders marked as to their specific contents as to any mail received from the VA, evidence for each specific claim, etc-

and a folder with names and addys of anyone in your unit who could possibly be needed for a buddy statement.

"Also my last treatment was 2005 but they are still jacked up, so should I go see a private doc before I file" I would not want you to needlessly incur the expense of an IMO yet- unless this doc might well give you one for free-

if you consider that any IMO has a specific criteria- that the doc must follow- lots here in prior posts on hadit on the IMO format-under the search feature.

I am not sure what you mean by "still jacked up"- you could send them a photo of the splints on your legs and have someone state that they have witnessed these splints jacked up continually since 2005 and the photo of your shins with the splints is a true and accurate and current representation of them.

'

As Vike said- file for 'bilateral' shin splints and any residuals from them.

Edited by Berta

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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Also.. I would advise that you actually look up CFR 38 and look up the actual disabilities you are claiming... quite often the civilian term is different than the VA one. Also, you can see what the VA considers when it rates the disability, so you know better exactly HOW to describe how the disability affects your function. For example you ankle injuries cause pain, but are mainly rated upon loss of ability to rotate without painful motion, and to what degree you can rotate the joint (as already stated in an earlier post). Then when the VA schedules your C&P exams (which they will probably do, reguardless the recent exam) you know exactly what to emphasize to the doctor and how to phrase your description....

Now I am not saying OVER emphasize your description... nor am I saying that you should out and out lie... however using the terms that the rater will use to DESCRIBE your pain, and making sure that an accurate picture is portrayed is absolutely necessary...

We all have a tendency to underemphasize our symptoms... its a military thing, but you cannot do this during your C&P exam... further you cannot describe HOW you feel under medication - that does NOT provide a real, or realistic picture of the extent of the injury... I normally counsel my vets to tell the doctors their symptoms taking into consideration their pain medication and the effects they would have WITHOUT it....

Compensation is for the injury sustained and the normal loss of function - nowhere in there did I ever read... function after taking 10 mg of hydrocodone...etc. So, to give an ACCURATE picture of the actual injury sustained, and the actual effect it has, you must take into account the affect that your medication has... and describe the injury in a NATURAL state.

Now some people will take exception to this and disagree with me... well, all I can say is that compensation is payed for actual injuries sustained, and not the resultant level of functionality while using artificial enhancement... it'd be the same as saying "well Mr Smith, we cut off your leg, but simce you actually funtion almost as well with the prosthetic, well we are only going to compensate you for a small knee injury"

There are exceptions to this, mainly in the MENTAL or MOOD behavior area, and there all I can say is go with your conscience... but again theres always exceptions...

Further... I would claim everything that you actually believe was an injury, evidence or no... again its your call, and your conscience, but I know of a great many instances I or my soldiers just sucked up something (like your knees)... thats why there is a 1 year presumption of military service connection if an injury or illness is actually diagnosed (unless theres clear other cause AFTER service- like a car accident etc).. and the VA will schedule a C&P exam to determine the extent of the injury, or diagnose it properly and ensure that it does in fact exist... so the ball is quite properly in their court after that...

I probably have raised a bit of a stink in saying this... but its what I believe the regualtory guidance to state... and what I think is FAIR and JUST...

Bob Smith

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