Posted on Apr 19, 2015
SSG Dave Rogers
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After years on Active Duty I moved to AGR to be closer to my family and to finish college, than in 2001 I moved back to NY in order to take up a job with the NYARNG AGR. Just 3 weeks after moving back the WTC attacks happened and I found myself with my new unit in support of the WTC. While down there I was injured. Shortly after returning to duty I was once again on AGR and working with the NYARNG. While on service my condition got worse requiring me to get neck surgery for my injury from the WTC and my lungs continued to get bad. Than in 2003 when my unit was deploying to Iraq I went to the mobilization processing center and since I was still on profile for not wearing a helmet from my neck injury I was declared unfit to deploy and the Army started my out processing for medical reasons. So I figured well it sucks but I had everything documented so I should be fine. Well I was not, while at the WTC the GOV of NY placed our unit on State Orders not Federal, so even though I was injured while serving my country I was working for the state.

For years I tried to get it worked out. When I was evaluated by the VA my records stated that I was able to receive treatment for my service at the WTC because congress passed a law that all first responders at the WTC could receive treatment at the VA, but than went on to say that some of my illness and injuries were not covered by the VA because I was not serving my country at the time. What made it even more of a problem was I was I had my surgery for my neck at Walter Reed Medical Center. 13 years of fighting the VA, the NYARNG, the State of NY and Congress.

At times things were rough, the State still does not recognize certain illness I have, even though the WTC health organization has certified them as being related to the WTC, and the VA is treating them. The VA treats them, but sometimes the doctors get confused about it because they are not listed as service related issues.

The problem with getting these issues resolved is that even though I was serving my country, my orders were for the state, and sadly there are no state programs like DAV, VFW. I think for me the hardest part was being told that because I was on state orders I was not serving my country. After 13 years what I end up with is equal to 100% money wise, but a split between NY and VA in rating, so while I am okay money wise, there are many things I miss out on if I had a 100% from the VA. I also have to get reevaluated every 4-5 years and if my condition gets better I can lose my benefits from the state.

Please know that I am putting this out there, not for sympathy, nor am I asking for anything, I want soldiers out there to know that it is not always easy to get your benefits and you may not always get what you deserve, but if you keep up the fight, eventually you will get what you need.
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Responses: 3
SGT Steven Eugene Kuhn MBA
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First off thank you for your service, it seems that so often those who deserve compensation do not receive it and vice-verse. I could tell stories of Soldiers who never deployed and call themselves "Gulf War Era Veterans" are at 100% and permanent non-employable, receiving the full Social Security benefits as well...at the age of 34...then my SF buddy who deployed 9 times, got shot twice, blown up once and is all messed up including having his spine fused and a gallbladder removed, is only at 30%.
All I can say is keep fighting and find a way, often it is now how much you try, it is who you reach and can connect with in the VA...sad but true.
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SSG Dave Rogers
SSG Dave Rogers
9 y
Thanks.. Yeah it is not always easy. I know a veteran who has a plate in his head and gets 40%, he gave up fighting after 10 years. For me I keep on doing what I have to do, I never want the non-employable, just what I should be getting, but most of all would like to have it from one source, and not split between two. Like I said there are certain things that you get with 100% from the VA that you don't get from a split like this. Like dental. Because of my lung issues and issues with my pancreas, I throw up a lot, it has caused me to have problems with my teeth, but because it is related to the WTC and not considered service related I can not get dental, so I have to pay for it out of pocket. It is not expensive as I have dental insurance on my own, but it would just be nice to not to have to worry about those kind of things, or have to pay a co-pay for them. When it is from a condition caused by my service to my country.
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MAJ Ken Landgren
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The state received federal funds for you to work for them in the NG.
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SSG Dave Rogers
SSG Dave Rogers
9 y
Not talking about working for them, talking about disability payments like VA pension, that comes from the state and I won't even go into the problems with that.. I could write a book on what is wrong with state disability pensions for veterans..
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SSG (ret) William Martin
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Many of us already know the government is not very good at taking care of their own.
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SSG Dave Rogers
SSG Dave Rogers
9 y
I just wish they had organizations that served state issues as well. Congressman can't influence state and most state senators don't care. Than again, the WTC should have been covered under the VA, as it was an act of war on the US, and all soldiers in support of the mission should have been called in on federal orders.
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SSG Richard Hackwith
SSG Richard Hackwith
9 y
You could try to get one of your congress people to try to sponsor a bill to get all state active duty in support of the WTC to be reclassified as federal active duty. Is there any organized group of NG personnel that were involved in the WTC? If not start one and get more people involved.
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