Getting Out After 10 Years, Need Advice!

[R&H]

Morning all,

I'm not sure that this is the place for this, but the almost ridiculous security here prevents me from asking anywhere else.

I'm ETS'ing after ten years of service. I was injured in Iraq nearly 5 years ago and now I have had to have surgery to remove some chunks of memory. While doing this the doctors gave me a spinal anesthetic which they screwed up. Now I walk like egor and at a 30 degree angle. Since my ETS is right here a medical chapter was forgone.

Anyway, I have done my part 1 VA physical, given 24 x-rays, all the samples and my what is now list of issues. No doctor seems to want to actually give a label to what is wrong with my spinal cord so I have no idea what to say there. They did an MRI as well and somebody, somewhere said it was normal?

My question to all of you is this. In general what advice do you have for going through this part 2 physical? What are the right and wrong things to say? Maybe what would you have done different? Lastly, where do I stand and what do I do about the fact that nobody will fess up to the fact that my back is screwed, even though I can barely walk on my left leg and can't pick up my friggin' cat?

Obviously my back is my primary complaint and would see the highest disability(since it is). If they base my percentage on anything else to start, I am going to lose on this BIG TIME!

Thank you all for any input and help!

Ray

[Testvet]

I don't quite comprehend are you telling us they are putting you out without a medical board even though you are claiming medical issues? If I was you I would get copies of all the surgical records, treatment records, copies of everything from your regular medical records to all hospital records you have. I think I would fight being discharged until they did a medical board review for a medical retirement. I understand the desire to ETS but if you can't even pick up your cat you must have some sort of profiles to keep you from doing PT etc I would definately get copies of those if you have them, most bases have VA claim centers on them so you can start the VA claims process before you even leave active duty, I don't know if you have to have your ETS orders in hand before you can do it, but you have to file within 12 months of discharge in order for them to pay you disability retoactively to your date of discharge if you go past the year mark then your claim date becomes whatever month you file the claim. My best advice is to keep appealing whatever decision they make until you get the rating you feel your injury deserves. They do try and low ball the award percentage to see if you can be bought off cheap it took me over 3 years from Nov 02 until May 05 they gave me 50% then I kept appealing it and am now 100% P&T do not expect anyone else like the service officers from the Service organizations to bust their butt for you, most won't they are overworked have to many active cases, if you need paperwork you chase it down, it is your claim you are you best advocate the good thing is you knew enough to come ask questions and we are always here and someone usuallu knows the answers, Rick54, Vike17, Berta, of course T Bird, John999 and many others I am having CRS with right now Pete 53 etc they have been doing this longer than me and I feel like an old timer and I have only been on the board since Nov 2002. You will get to the point you think this claim is a full time job before it is over welcome to Hadit and the only dumb question is the one you don't ask

[betrayed]

steal your service medical records and any xrays you can get your hands on, thats my first advice, PM me if you want more

[Sarah]

One thing I did that made a huge difference was get everything you can possibly get your hands on. All medical records, evaluations, and documentation about your conditions. Start a journal, write it in daily on how your feeling and what your conditions are like each day. Don't tell someone your fine or great if your not. It can come back to haunt you later. I know it's not a task everyone can do, but I took my military records to a private doctor, had him transcribe them into layman terms for me. I found lots of little notes indicating disability but weren't visible to the layman eye. Research, Research, Research! Ask questions, expect answers.

[Pete53]

R&H:

Welcome to Hadit. Unfortunately the security is necessary because there are a couple of sicko's who like to attack this Board.

You need copies of everything that you ca get your hands on.

Good Luck

[Philip Rogers]

I'd get an attorney specializing in military law. Anything they do will be in their best interest, not yours, and once it's done probably can't be rescinded. jmo

pr

[Berta]

If the Mil screwed up the Feres Doctrine says you cant sue the Mil for malpractice-

If VA screws up medically you can.

I am confused-

you had brain surgery-or spinal cord surgery ?

you have resulting lifting, gait, and back problems? due to the surgery?

which is still due to being injured in Iraq- the nexus-meaning the established link to your service- this is what needed for your VA disability claim- so you have all that-

And like these guys say- leave the Mil with everything you can -SMRs and even perosnnel records.

OK I am a civilian so I dont know how this goes- do you expect a disability retirement from the military-

showing that you are leaving the mil due to disability-

with an Honorable Discharge? Do you have the DD 214 yet? or are you still technically still in-

Correct me guys if I am saying it wrong-

I am trying to determine your status- as to being a vet yet-or still active mil-

However- if you are unemployable due to this disability I suggest you file a TDIU form- this is for 100% compensation due to unemployability due to service disability.It would be determined by medical evidence.

Do you have a service org representing you yet?

I am still stuck wondering if you have mustered fully out yet?

I can recommnd a good IMO doctor with expertise in what appears to be your field of disability if you need an independent medical opinion-

his rates are high- but you might have some 'muster out' pay that would cover the expense of an IMO-

It concerns me greatly that they havent diagnosed you specifically yet-

as to what exactly is wrong- another reason to think about an IMO-

If the mil screwed up and they (VA) or whoever still cannot define your disability I guess that would take a Real doctor to determine.

[mountain tyme]

I agree with the other members..except for you don't have to steal those records...if you are still active duty just go up to medical records and ask them for a copy of all your medical records...and if they ask why tell them because you need a copy to keep with you in the event you go on leave home...then go to exray and ask them for a copy of any films they may have tell them the same thing if they ask..

This is the best time for you to start a time line...with all information about who, what, and where,

Also get address of all buddies that have knowledge of what happened if possible get them to write out a letter now...while you are still in...now if they give you an address...it might be a good idea to get a permant address like that of there folks...someone who will know where they are just in case.

If you have any photographs of where you have been that can be added to your timeline...

PLEASE I hope you are keeping a daily diary on how you are feeling...

and for goodness sake if they ask you HOW DO YOU FEEL TODAY...tell them the truth...first if I didn't feel like s@#t I wouldn't be here talking to you!

If you are married perhaps your wife would be a better one to keep a diary on how your days are going...she would be more to the point...*smile*

I would definaly request a Medical Review in writing and KEEP A COPY OF IT FOR YOURSELF AND WHO SIGNED IT...if you hand it in have it time and date stamped and get a copy of that...things tend to disapear once you get out of the Active Service..

Don't let anyone tell you well once you get out you have a year to file...

YOU WANT IT TO BE LOOKED INTO NOW...NOT TOMORROW...

You did not enlist broken...like that sign say's "if you break it you brought it"

same goes here...if they broke you they have to fix you...and if they can't they need to compensate you...

MT

[john999]

I agree with Phil to get a military lawyer if you can because from what I know the disability boards in the military are very adversarial and they just want to get rid of you as cheaply as possible. Much worse than the VA because they really want to screw you and the process is stacked against you. Get a consult with a civilian military lawyer. It will be worth the money you pay him.

[Philip Rogers]

Sometimes when they med board you out they'll give you a lump sum but remember before you'll get any money from VA that lump sum gets paid back to the VA. So don't be blinded by any "lump sum" offer. I still say check with a civilian military law attorney before you do anything. jmo

pr

[Guest Dataman]

Ok I understand your enlistment is up.

You were hurt and surgery made it worse.

Me I would want copies of all records.

Part of the Final Outprocessing should include Physical. Make sure they do this and not pencil whip it.

I would ask for MEB myself. I would think (Guess) the VA would give you 40% at least for the back if you cannot stand straight. I got 40% and I am not bad off.

Only problem with getting MEB is it takes forever nowdays and you remain on Active Duty. Apply for SSA Disability as soon as your off Active Duty (termal level etc).

Talk to DAV or someone local!!!!

Don't rely on just us know it alls on this BBS (Sorry).

I went thru 2 MEB's and retired in 1996 (MEB 1993, returned to Duty, Code 20 - No Overseas or Deployments, they never got rid of my AFSC unless you Died)

List every little thing wrong with you on your VA Form. Make sure every thing about you that's wrong is in your medical records!

Wish you luck!

[Philip Rogers]

Talk to the DAV and kiss your claim and benefits good-bye. How could anyone recommend them with the sh*t they're pulling on this new lawyer law stuff? jmo

pr

[Berta]

Dataman -I like what you said:

"Don't rely on just us know it alls on this BBS (Sorry"

I am not offended at all by what you said-you are right--these are new situations that many of us- as well as seasoned vet reps are unfamiliar with-

Veteran -I mean service man----the point this vet made is that you need someone on your side there NOW-

Any vet rep-or military liason to disability benefits- who comprehends your problem-dont they have some sort of transition teams?

The VA Secretary claims you men and women are getting exempliary medical care as well as faster claims processing-

I sure wonder about that.Are you at all ambulatory?

Do you have phone access in your room in the Hosp?

The DAV and AL etc should be coming around the halls from time to time -

or might have a temporary room they use for claims advise there-

the patients rep could advise you when they are there.

I am not sure what the situation you are in really is-Military Hospital? I bet the operator there could switch your call to those who can help you.

like someone said the lump sum is just that and not negotiable-

they could give 40% SC as a lump sum when a VA claim could generate 100%

instead.With date of discharge as the EED.

Edited March 22, 2007 by Berta (see edit history)

[john999]

Terry

The military boards and the review boards lie like dogs. It is 100% adversarial. You might get 30% from a military board and be 100% from the VA. Of course the vet will probably choose the VA disability. How can a vet go from say 30% to 100% in the time it takes to be discharged. In my case I got out with no disability and my VA disability was retro to one day after my discharge. I filed within one year of discharge for VA disability. I know the rules are different but they are unjust as well.

[betrayed]

I agree with the other members..except for you don't have to steal those records...if you are still active duty just go up to medical records and ask them for a copy of all your medical records...and if they ask why tell them because you need a copy to keep with you in the event you go on leave home...then go to exray and ask them for a copy of any films they may have tell them the same thing if they ask..

This is the best time for you to start a time line...with all information about who, what, and where,

Also get address of all buddies that have knowledge of what happened if possible get them to write out a letter now...while you are still in...now if they give you an address...it might be a good idea to get a permant address like that of there folks...someone who will know where they are just in case.

If you have any photographs of where you have been that can be added to your timeline...

PLEASE I hope you are keeping a daily diary on how you are feeling...

and for goodness sake if they ask you HOW DO YOU FEEL TODAY...tell them the truth...first if I didn't feel like s@#t I wouldn't be here talking to you!

If you are married perhaps your wife would be a better one to keep a diary on how your days are going...she would be more to the point...*smile*

I would definaly request a Medical Review in writing and KEEP A COPY OF IT FOR YOURSELF AND WHO SIGNED IT...if you hand it in have it time and date stamped and get a copy of that...things tend to disapear once you get out of the Active Service..

Don't let anyone tell you well once you get out you have a year to file...

YOU WANT IT TO BE LOOKED INTO NOW...NOT TOMORROW...

You did not enlist broken...like that sign say's "if you break it you brought it"

same goes here...if they broke you they have to fix you...and if they can't they need to compensate you...

MT

OK steal was a bad choice of words but when you walk into the VA with original SMR's in hand it makes your claim go faster. When I did my retirement physical I went through my smr and noted everything and made copies (3), then I listed all the stuff I found and put in my notes on form DD 2807-1, JUL 2001 (this is the questionaire they give you when you take a physical, and answer yes or no to allot of questions)then you have to explain in box 29. I typed it in box 29 with a old fashioned typwriter in block 30 is basically a empty page and I typed block 29 continued.I took my physical, I went in to see the doctor he looked everything over and filled out a form that gets sent to the VA I will remember the name of it b4 I finish typing. He handed everything to me shook my hand and said good luck and I walked out of the clinic and never walked back in. The form is called Report of Medical Assessment. You fill out the front the doc fills out the back, the original gets sent to the VA except in my case LOL. It says right acros the top this form will be released to the DVA. I am telling you get your hands on everything you can. It has been invaluable to me. A recent note from a VA examiner to a Doctor stated about me in writing "He is shown to be a very accurate historian with regard to his various medical conditions" Get your stuff read it and read it again and then read it again, know it inside out. Like the motto of this website states "Knowledge is Power"