How do I get my Discharge changed to Medical Retirement over 8 years of service and was misdiagnosed by Tampa VA?

PO3 Timothy Thomas — Thu, 02 Jan 2020 09:18:46 -0500

After my discharge, over 8 years of service. I requested a C&P exam at the Tampa FL VA Hospital. Received a 30% rating.
There were no instructions, no details of what that meant to me as a veteran and NO compensation benefits paid to me.
Met a couple VETS outside a Walmart in 2010, during the conversation they asked me my disability rating and how much I was getting. NOTHING.
I was convinced to request VA care and a NEW C&P exam. From there it went from 30-40-90-100 Individual Unemployable.
I requested retroactive to the date of DISCHARGE -- DECLINED. That's July 1987- 2010. They never paid me for a very serious injury.
I was misdiagnosed during the initial exam in 1987. I requested for and received a CARE exam at the Miami VA, Orthopedic surgeon, neurologist, neurosurgeon, hand surgeon and 2 other Doctors from the Miami Hospital nearby.
It was 3 1/2 hours of them studying ME and my CT scans, X-RAYS, MRI's, and a full body scan from nuclear imaging.
Original diagnosis, neuropathy, Tampa, 1987= torn nerve to my left trapezius muscle 30% disability.
WOW! The New diagnosis included details of my original injury that I never knew about.
Neuropathy left shoulder, yep knew about that one.
TWO broken ribs, by and under left scapula. Still separated and rub the bone and CUT me internally.
Torn back muscles, lower left and near left armpit. Didn't know about.
Dislocated left shoulder, pops out occasionally.
Chip out of left radial bone at elbow. Knew about the limited rotation, but bone chip seen on the X-ray.
Can't close left hand, VA test 19 pounds of grip strength. Bones in wrist dislocated. Pops when rotated. Occasionally get ganglion cysts.
And last, torn tendon under my left armpit connects to the left chest muscles. If I lean forward or try to carry more than 20 pounds, the shoulder has fallen down and collar bone lands on the rib cage. When that happens I can't breathe.
With those 6 Doctors, 2 computers and the 3 1/2 hour exam this was my answer.
"Mr. Thomas. We can't repair a severed nerve. We don't fix broken ribs unless they threaten to puncture a lung. The torn tendon under your armpit has curled up in a ball and cannot be reattached. The back muscles are working to hold your shoulder up and they will continue to strain. We showed you the bone fragment of your elbow. We can't fix it because the muscles and tendons deformed to the new position of the bone." And the last one was the Hand Surgeon. "Mr. Thomas. Some of the bones muscles and tendons of your wrist have deformed to their new relative positions. If I do surgery no I'm afraid we will make it worse.
And that's it. Meeting over. Analysis complete. My head spinning. Broken ribs? Broken elbow? Dislocated wrist? The list repeating in my head ALL the way home.
Realization, THEY CAN'T FIX ME!
Before I left one of them even suggested that I MOVE to Texas because that's where the best COMBAT Surgeons are.
So I asked that this REAL diagnosis be made retroactive, along with the rating and compensation. In trying to raise my Children and take care of my family. I have eaten a bottle of Tylenol every 2 weeks for decades. It caused a fatty liver and 3-5 pounds of weight gain a year.
I've lost 90+ and have 35 to go. Now that I know. I'm fighting it.
But I still believe that I should have been Medically Discharged. Served an additional 3 1/2 YEARS with this injury. I loved being in the Navy and wanted to stay. Waiting for someone to fix me.
If someone, anyone, can get me the compensation, the REAL medical discharge I deserved. It would be appreciated.
I was ignored in 1987.
I was misdiagnosed in 1987.
And with everything that WAS wrong with me then, is still the same now, just weaker every day.
After EIGHT years of service, this should have been a Medical Discharge.
Sent a request through Congressman Deutsch, was declined.
Will keep asking.

Response by SrA John Monette made Jan 2 at 2020 10:29 AM

SrA John Monette — Thu, 02 Jan 2020 10:29:00 -0500

keep appealing the decisions

Response by SFC Private RallyPoint Member made Jan 2 at 2020 11:25 AM

SFC Private RallyPoint Member — Thu, 02 Jan 2020 11:25:46 -0500

You probably cannot. A 100% VA disability rating does not equal a 30% or more Active Duty disabled rating.

But, if you want to try, you have to appeal your discharge to the board of corrections. For the Army, it's called the Army Board of Corrections. I'm sure the Navy has a similar term for theirs. It usually takes years and they may simply reject or decline your case, especially if you can't prove that you were qualified as at least 30% disabled when you were discharged.

Response by MAJ Ken Landgren made Jan 2 at 2020 12:17 PM

MAJ Ken Landgren — Thu, 02 Jan 2020 12:17:06 -0500

I believe if you are medically retired with less than 20 years the source of compensation will be the VA.

Response by CPL Gary Pifer made Jan 2 at 2020 6:04 PM

CPL Gary Pifer — Thu, 02 Jan 2020 18:04:34 -0500

SSDI and get Medicare...

Response by SSG Private RallyPoint Member made Jan 3 at 2020 12:55 AM

SSG Private RallyPoint Member — Fri, 03 Jan 2020 00:55:13 -0500

Ok, there is clearly information being left out here, like how the injury occurred.

This seems to be the information that you are leaving out which would likely be the reason for your failed attempts to seek a medical discharge.

I honestly have never heard of any individual winning that battle

Response by SGT James Wright made Jul 19 at 2021 10:16 AM

SGT James Wright — Mon, 19 Jul 2021 10:16:37 -0400

Try this guy ( Dr Ellis, he is the best in the country) he is located in Oklahoma [login to see] . (Look him up on google, it is the Ellis clinic and they have a complete website that talks about what they do)He has the ability to recreate the entire scenario of what caused your injuries. He asks you for your records and some other things to see if he can help you or not, at least it’s a place to start bro... good luck ( he wouldn’t help me ) but you may have better luck

Response by PO2 Matthew Trahan made Feb 10 at 2022 8:48 PM

PO2 Matthew Trahan — Thu, 10 Feb 2022 20:48:35 -0500

No the statue of limitations is 15 years