Posted on Jun 8, 2020
Did you wait till you were out to get your disability rating? If so, how long before you made your first claim?
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How many of you are rated through the VA If so did you wait till you were out or did it while still in If you waited how long were you out when you made your first claim?
Posted >1 y ago
Responses: 758
I retired in 1983 with a 10% disability back then we didn’t know it was called PTSD and we didn’t know about traumatic brain injury are a lot of other things my first application to increase my disability was in 2006 buy 2008 I had to fight several different legal battles and got my rating up to 50% it’s now at 80% From my head my arm my diabetes and my PTSD my final rule in Kane in 2013
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Make sure everything that is wrong with you is in your records before you get out. Make sure you do your first claim (and any more claims that you need) within the first year you get out and prior to your year anniversary, this will make you eligible to possibly (depending on what you are claiming) get the effective date of the day after you are released. I would also recommend putting a claim in prior to getting out about 3 months in advanced, but it is up to you. I made my first claim while I was still in as I medboarded. My second claim was within my year of getting out. Get into the manual for the va and see what applies to you, keep your records, and keep fighting the va if they deny you when you are within the criteria. Direct service connection is directly related to service. Secondary SC is when one of your issues that is rated as a Direct SC has caused another issue, the issue that is new is Secondary SC. Buddy statements (statements from battle buddies you served with that witnessed your particular problem that is not of record) can help if there aren't a record of what you are claiming. Don't be afraid to go to the BVA. They can grant more things that are on the fence that the VA denied. Attorneys usually will hold your claim for up to the year mark to make more money if they get something granted and will also usually get paid before you do. VSOs are paid by the state to be your representative for the VA and will help you for free so any money you get will be yours. Whoever you have represent you make sure they know what they are doing or if you only want to represent yourself then make sure you read the regulations to see what you are actually eligible for. Reach out if you need help. Some people in the VA are willing to help as well.
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Make your claim lonnng before you get out. In fact, make it paramount that the military holds a med board to put you out.
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I made my first claim during out-processing for a medical discharge (no board) in mid-2007. I received my first SC rating fairly quickly but it was low and missing most of the issues I had. They refused to officially diagnose my PTSD and Spinal trauma/TBI at that time and instead claimed it was depression. I did not receive a 70% rating until 2010 after I went to a civilian doctor to gather evidence and submitted it. I did not finally receive my SC rating of 100% total and permanent until late 2016. Even so, my SC ratings are all FUBAR as they have me rated for the wrong things and even not rated for things I should be. I have been unable to correct it as I have lived overseas since the end of 2015 and they refuse to allow me to go anywhere but a VA medical clinic in America. I even offered to pay the way to Germany or another U.S. military base myself but they refuse.
They also kicked me out of the medical system and refuse to send me replacement parts for my SC medical equipment. I tried to get them to do Telehealth to get me back in the system but they refuse stating it is against VA policy despite the federal law regarding Telehealth saying "regardless of where the patient resides". I am enrolled in the Foreign Medical Program (FMP) but they only reimburse about 8-10% of my claims despite them all being SC-related and VA policy requiring 100% reimbursement. Letters to the VA go unanswered.
I worked for the VA as a police officer and deputy emergency manager for a few years after my military discharge and the unwritten rule we had was to minimize claims as much as possible and never SC permanent issues like PTSD if possible. The VA is absolutely broken and corrupt but unfortunately, it is the best we have.
My recommendation would be to literally photocopy or scan every single page of your military medical record before discharge. It is your right and if you do not then you will be at the mercy of the VA once you are out. I have been trying to track down my military medical record as evidence for about 13 years but the VA claims the military has it and the military claims the VA has it. Tried the National Archives too but no joy. Good luck!
They also kicked me out of the medical system and refuse to send me replacement parts for my SC medical equipment. I tried to get them to do Telehealth to get me back in the system but they refuse stating it is against VA policy despite the federal law regarding Telehealth saying "regardless of where the patient resides". I am enrolled in the Foreign Medical Program (FMP) but they only reimburse about 8-10% of my claims despite them all being SC-related and VA policy requiring 100% reimbursement. Letters to the VA go unanswered.
I worked for the VA as a police officer and deputy emergency manager for a few years after my military discharge and the unwritten rule we had was to minimize claims as much as possible and never SC permanent issues like PTSD if possible. The VA is absolutely broken and corrupt but unfortunately, it is the best we have.
My recommendation would be to literally photocopy or scan every single page of your military medical record before discharge. It is your right and if you do not then you will be at the mercy of the VA once you are out. I have been trying to track down my military medical record as evidence for about 13 years but the VA claims the military has it and the military claims the VA has it. Tried the National Archives too but no joy. Good luck!
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About 6 or 7 years at I prior job cause I honestly didn't think I was considered a veteran until I met an Air Force guy that had just got out. Still fighting it 15 years later.
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In addition after you get out you aren't cemented in to what the military has given you. What I mean is that I was diagnosed with diabetes which got me an initial 20%. Years later I developed heart and kidney problems. Even though I did not have them when I was first diagnosed I got them as a result of having diabetes. The heart problems associated with diabetes jumped me up to 100%. Keep track of what you was originally diagnosed with while in the service and anything you get afterwards see if it relates.
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I wasn't even 25 years old when I was getting out so I didn't really think much about going to the va or even filing anything but I started having problems not even two years after getting out. I had a situation in which my neck completely locked up on me and I had to have someone drive me over 100 miles to the nearest va er facility because I could not move my head at all. The doctor flat out said that I was too young to be having the symptoms I was describing and just blew me off with more motrin. Not long after that another va doctor actually told me I needed to file and so began my now over ten year ongoing battle with the va because I keep finding out that things I have been experiencing are actually things that I could have claimed all this time but of course nobody from the va is going to tell you that, but even though I have been claiming all of my issues over the past few years the va has simply been denying all of them or putting them at 0% so they don't have to pay me anything even though in their own statements of the case it clearly states that I have enough evidence to warrant presumptive service connection. The bottom line is that if the va decides they want to screw with you then there is absolutely nothing you can do but hold on because they are allowed to do whatever they want for as long as they might want to and no legal office can help you and no congressman or senator will help you either.
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