Posted on Jan 2, 2020
How do I get my Discharge changed to Medical Retirement over 8 years of service and was misdiagnosed by Tampa VA?
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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.
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.
Posted in these groups: 
Medical
Department of Veterans Affairs (VA)
Medical Department of Veterans Affairs (VA)
Posted 6 y ago
Responses: 5
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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.
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.
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SFC (Join to see)
PO3 Timothy Thomas I don't know why you're trying to argue with me or convince me. I have provided the information you'll need and the relevant information about how rating works.
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PO3 Timothy Thomas
SFC (Join to see) Didn't know that I was doing either of those things. Like I said before I don't know the requirements for the medical Retireme are.
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COL Vincent Stoneking
SFC (Join to see) Just a minor point of correction - IDES does use the VA ratings - IF (big if) IDES finds you unfit for a condition, it will apply the VA rated percentage[1].
That said, your basic point is correct. Unless the discharge was invalid/incorrect, very little chance of reversing it at this point. Based on the 8 years, it appears that it was a normal ETS discharge. The bar would be pretty high. In-Service medical records would have to clearly show, beyond a doubt, that he SHOULD have gone through the IDES (or whatever was in its place back then) by the regulations then in effect. It's been a while, so I'm not sure the exact standard, but I expect this would require "clear and unmistakeable evidence of error." The hard part is really that it's not enough to prove that the injuries occurred during service, but ALSO that the service NEW it, AND ALSO that they rendered the servicemember UNFIT[2] for service AT THAT TIME.
I'm not saying that it's unwinnable, but definitely a very long shot, especially as a congressional didn't move the needle. I'd guess (but I'm not a lawyer) that the Army Board for Corrections is the only venue left.
[1] The normal IDES flow is that you go from the MEB to the PEB, the PEB makes a determination on each condition. The PEB then requests the VA to rate the conditions adjudicated to be unfitting. At that point, the VA will then rate (there is a slight difference in rated or "proposed rated" between AC and RC troops, but it's really inside baseball) ALL conditions it believes to be VA ratable. The VA returns the full ratings to the PEB. The PEB extracts the ratings for the unfitting conditions and applies them, using "VA Math" (which isn't as hard as people make it out to be), and calculates an IDES disability rating which is then used for separation payment or retirement.
[2] Often lost in the sauce, and why there are different ratings, VA rates disability, IDES rates for disability that makes you UNFIT for service. VA rating is almost always higher.
That said, your basic point is correct. Unless the discharge was invalid/incorrect, very little chance of reversing it at this point. Based on the 8 years, it appears that it was a normal ETS discharge. The bar would be pretty high. In-Service medical records would have to clearly show, beyond a doubt, that he SHOULD have gone through the IDES (or whatever was in its place back then) by the regulations then in effect. It's been a while, so I'm not sure the exact standard, but I expect this would require "clear and unmistakeable evidence of error." The hard part is really that it's not enough to prove that the injuries occurred during service, but ALSO that the service NEW it, AND ALSO that they rendered the servicemember UNFIT[2] for service AT THAT TIME.
I'm not saying that it's unwinnable, but definitely a very long shot, especially as a congressional didn't move the needle. I'd guess (but I'm not a lawyer) that the Army Board for Corrections is the only venue left.
[1] The normal IDES flow is that you go from the MEB to the PEB, the PEB makes a determination on each condition. The PEB then requests the VA to rate the conditions adjudicated to be unfitting. At that point, the VA will then rate (there is a slight difference in rated or "proposed rated" between AC and RC troops, but it's really inside baseball) ALL conditions it believes to be VA ratable. The VA returns the full ratings to the PEB. The PEB extracts the ratings for the unfitting conditions and applies them, using "VA Math" (which isn't as hard as people make it out to be), and calculates an IDES disability rating which is then used for separation payment or retirement.
[2] Often lost in the sauce, and why there are different ratings, VA rates disability, IDES rates for disability that makes you UNFIT for service. VA rating is almost always higher.
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SFC (Join to see)
COL Vincent Stoneking thank you. I was trying to keep it brief and IDES, MEB, and Army Corrections Board are so complicated and technical there's never really a one size fits all answer. Thank you for the clarification
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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
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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
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
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PO3 Timothy Thomas
I will gladly share the details with you, but it will probably not make a difference in my case.
So. Here's what happened.
While stationed aboard the USS South Carolina (CGN-37). "Prepared in Mind and Resources".
I was a Radio and Satellite Communication Electronics Technician. We were in the North Atlantic and outside was a huge storm. Anyone can look up the cruise schedule 1984. We took lots of 20-30 degree rolls. The sea kept shifting direction.
On this day I was heading to the Radio Room to do a PM on an R1051DURR, a 1.999 to 30 MHZ HF receiver, #12, bottom of the second equipment rack and right in front of the RM-1 Wilson's desk.
Spoiler: Before getting there, ET shop on 01 level aft. Had to go down 2 decks, below Officers Quarters, past midships back up 1 arriving at the Radio Room.
In the middle of ALL that, I was walking on the bulkhead for the first time EVER.
Instead of going UP, I went down. The HT's have a watch station there and a Sight Bubble.
HT-2 Creech was on duty. I went in, kinda excited and asked him how big was our roll. He told me that we hit 43 degrees, the largest ever since the Ship was commissioned.
That's the Nor-Eastern I was working in.
Anchovies and crackers were eaten in front of every GREEN face.
I diverge in my tale. It was one wild ride to Wilhelm shaven (guessed spelling) Germany.
This PM can be done in an hour. The RM kept going back and forth. The Signal Test Rack, to my left and to the right of the desk behind me.
They received an order to change frequency for a broadcast fleet message. It was happening a lot during the Storm. He would verify on a TR Receiver or Spectrum Analyzer.
One hour became almost 2. It only took that long my first time doing the PM.
His last trip past me, I pushed the radio into the cabinet box, same way as every other time.
This instance, I put my hands behind me, cross-legged. And in an instant my left hand was pinned down under his boondocker (steel toe boots).
Yelling for him to lift his foot. Finally he looked down, loud blower motors, then it was TOO late to do anything.
I was facing PORT (left) and the bow (front of the Ship) was to my right.
The whole bow plummeted into the trough. Don't know how far the bow fell.
But RM1 Wilson, facing the starboard side held onto the Test Rack and shifted most of his weight to the left foot and my HAND.
The next thing I knew was that my ass was a few feet to the right-Bow. And POP-POP-POP.
Every injury I listed happened in that moment. They gave me a wrist brace and sling. Sent me to the hospital when we returned to Norfolk VA. And put the wrist in a cast.
The Nurse couldn't figure out how to get a cast on me because the hand was not only crooked but the DR just popped a giant ganglion cyst and all the fluid was still there.
The way the Pain Clinic works is that you have to explain the reason for the injury to a DR. doing his/her clinical/fellowship, the examination and more pain when these Students try to manipulate my left arm and hand.
They report their findings to my regular DR. It's only then, that I get the trigger Injections and occipital nerve block.
I've told this story for the last 8-9 years. For them, they see a drawing of the day, hear my wrist and rib bones under my scapula clicking or grinding on the inside of the scapula.
I didn't tell it initially because it's easier visually and they have access to the documented 3 1/2 hour exam and the electronic images.
In this forum this is what you get.
Your comment was a challenge to the validity of the incident. RM1 Wilson apologized at the behest of our DO, LT Eugene Winston, whom I've called friend.
For the record, and if that Radioman ever reads this. I don't blame, nor do I have any Ill feeling about this.
We were in the middle of a terrible storm. A third of the crew were strapped into their bunks.
We, Salty Dogs, took up the slack for the ones too sick to be of help.
I'm not bitter. It happened. I've suffered for it. Many others lost more than me, even their lives.
They
So. Here's what happened.
While stationed aboard the USS South Carolina (CGN-37). "Prepared in Mind and Resources".
I was a Radio and Satellite Communication Electronics Technician. We were in the North Atlantic and outside was a huge storm. Anyone can look up the cruise schedule 1984. We took lots of 20-30 degree rolls. The sea kept shifting direction.
On this day I was heading to the Radio Room to do a PM on an R1051DURR, a 1.999 to 30 MHZ HF receiver, #12, bottom of the second equipment rack and right in front of the RM-1 Wilson's desk.
Spoiler: Before getting there, ET shop on 01 level aft. Had to go down 2 decks, below Officers Quarters, past midships back up 1 arriving at the Radio Room.
In the middle of ALL that, I was walking on the bulkhead for the first time EVER.
Instead of going UP, I went down. The HT's have a watch station there and a Sight Bubble.
HT-2 Creech was on duty. I went in, kinda excited and asked him how big was our roll. He told me that we hit 43 degrees, the largest ever since the Ship was commissioned.
That's the Nor-Eastern I was working in.
Anchovies and crackers were eaten in front of every GREEN face.
I diverge in my tale. It was one wild ride to Wilhelm shaven (guessed spelling) Germany.
This PM can be done in an hour. The RM kept going back and forth. The Signal Test Rack, to my left and to the right of the desk behind me.
They received an order to change frequency for a broadcast fleet message. It was happening a lot during the Storm. He would verify on a TR Receiver or Spectrum Analyzer.
One hour became almost 2. It only took that long my first time doing the PM.
His last trip past me, I pushed the radio into the cabinet box, same way as every other time.
This instance, I put my hands behind me, cross-legged. And in an instant my left hand was pinned down under his boondocker (steel toe boots).
Yelling for him to lift his foot. Finally he looked down, loud blower motors, then it was TOO late to do anything.
I was facing PORT (left) and the bow (front of the Ship) was to my right.
The whole bow plummeted into the trough. Don't know how far the bow fell.
But RM1 Wilson, facing the starboard side held onto the Test Rack and shifted most of his weight to the left foot and my HAND.
The next thing I knew was that my ass was a few feet to the right-Bow. And POP-POP-POP.
Every injury I listed happened in that moment. They gave me a wrist brace and sling. Sent me to the hospital when we returned to Norfolk VA. And put the wrist in a cast.
The Nurse couldn't figure out how to get a cast on me because the hand was not only crooked but the DR just popped a giant ganglion cyst and all the fluid was still there.
The way the Pain Clinic works is that you have to explain the reason for the injury to a DR. doing his/her clinical/fellowship, the examination and more pain when these Students try to manipulate my left arm and hand.
They report their findings to my regular DR. It's only then, that I get the trigger Injections and occipital nerve block.
I've told this story for the last 8-9 years. For them, they see a drawing of the day, hear my wrist and rib bones under my scapula clicking or grinding on the inside of the scapula.
I didn't tell it initially because it's easier visually and they have access to the documented 3 1/2 hour exam and the electronic images.
In this forum this is what you get.
Your comment was a challenge to the validity of the incident. RM1 Wilson apologized at the behest of our DO, LT Eugene Winston, whom I've called friend.
For the record, and if that Radioman ever reads this. I don't blame, nor do I have any Ill feeling about this.
We were in the middle of a terrible storm. A third of the crew were strapped into their bunks.
We, Salty Dogs, took up the slack for the ones too sick to be of help.
I'm not bitter. It happened. I've suffered for it. Many others lost more than me, even their lives.
They
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PO3 Timothy Thomas
I am 100% total and permanent, plus SSD, Medicare and get all of my RX from the VA. All of that is done.
I just wanted to get it retroactive on paper. The initial diagnosis was incomplete.
I just wanted to get it retroactive on paper. The initial diagnosis was incomplete.
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