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.