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Spinal Cord Injury

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Healer

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Healer Rookie

Healer

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A soldier was shot in the neck by another soldier which left him paralized from the neck down, except for the use of one arm. Question: Would he be rated at 100%, if not, who should the family turn to ensure that he gets 100%?

He is currently at a center in Richmond Va. but only for 6-8 months. Also, he is still receiving his active pay, but the family is worried that after he is discharged that he will not receive disability compensation (service connected).

Is there anything they can do? Your help is appreciated.

Thanks,

Healer

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Berta

Berta

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This vet sounds catastrophically disabled and certainly appears unemployable-and should-if that is the case- receive 100% plus any SMC that might be due him too as additional benefits.

It sounds like he will not be able to attend the briefings they give service men.women near their discharge date now as to VA benefits and filing claims etc-

is this a VA medical Center he is in?

I would think he should apply for TDIU now and any other benefits he might be eligible for such as SMC.

VA claims these new disabled combat vets are receicing expeditious claims care- I hope that is so-

He needs a good service representative to check whether he could begin VA claims process now-(I am not sure on that but he will most likely be discharged by time VA gets to his claim)

and this veteran needs obviously a lot of help with the 21-526 form etc.

I have assumed something-

I have assumed that this vet was wounded due to friendly fire.

If this was result of some bar room brawl- whole different ball-game there-willful misconduct etc etc lots of issues in that regard.

Please clarify.

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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Healer Rookie

Healer

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This vet sounds catastrophically disabled and certainly appears unemployable-and should-if that is the case- receive 100% plus any SMC that might be due him too as additional benefits.

It sounds like he will not be able to attend the briefings they give service men.women near their discharge date now as to VA benefits and filing claims etc-

is this a VA medical Center he is in?

I would think he should apply for TDIU now and any other benefits he might be eligible for such as SMC.

VA claims these new disabled combat vets are receicing expeditious claims care- I hope that is so-

He needs a good service representative to check whether he could begin VA claims process now-(I am not sure on that but he will most likely be discharged by time VA gets to his claim)

and this veteran needs obviously a lot of help with the 21-526 form etc.

I have assumed something-

I have assumed that this vet was wounded due to friendly fire.

If this was result of some bar room brawl- whole different ball-game there-willful misconduct etc etc lots of issues in that regard.

Please clarify.

Thanks for your insight. yes, this vet is currently at:Hunter Holmes McGuire VA Medical Center in richmond va. The shooting incident is still being investigated by the Army. A social worker at the center told the family that it might be unlikely that he gets a 100%. i am still trying to find out if it was a brawl fight. what i do know so far is, the other soldier said he would shoot him and he did.

I believe that the form 21-526 was filled out and sent in. Can you tell me what is: TDIU? I know that SMC is Special Merit Compensation right?

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Berta

Berta

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TDIU -Total Disability Due To Unemployability.

VA form 21-8940.

If a veteran is unable to work due to service connected disabilities, they can receive TDIU.

It is the 100% rate of monthly comp.

Glad you are checking into this- I hope I didn't sound negative-

I just would not want the vet or their family to think 100% or any SC rating is in the bag.

Depends on the circumstances here.

I have been around a long time. This is why I asked.

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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Healer Rookie

Healer

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TDIU -Total Disability Due To Unemployability.

VA form 21-8940.

If a veteran is unable to work due to service connected disabilities, they can receive TDIU.

It is the 100% rate of monthly comp.

Glad you are checking into this- I hope I didn't sound negative-

I just would not want the vet or their family to think 100% or any SC rating is in the bag.

Depends on the circumstances here.

I have been around a long time. This is why I asked.

Berta,

You didn't sound negative AT ALL. I am glad you are honest, and I am definately appreciate your knowledge (experience), that's why I asked. We have to ensure that our veterans get the real info regarding their rights. If you don't mind, can I keep in touch as I get additional info or have additional questions?

Thanks so much.

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Pete53 Grand Master

Pete53

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If the Veteran has not done so he needs to apply for Cocial Security Disability today. His family should see if the Hospital has someone to help him also. I mean a Socail Worker.

Thanks for helping Veterans

Veterans deserve real choice for their health care.

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