Is anyone in the Fort Worth area that help increase my VA disability claim?

2023-01-12T14:57:24-05:00

Retired in jan 2002 healthy, 2009 had herniated disc, surgeries later I am left with chronic back pain. Been fighting this battle since 2009. VA reps says they can’t help as it was not service related. It takes everything I have just to work 40 hours a week and it’s showing with my work performance. I can’t afford to fully retire with 50% disability but if I could get VA to consider my back I would qualify for most likely 100% disability from the VA. Is there anyone in Fort Worth Texas? that can help me? If so please advise

Response by SGT Private RallyPoint Member made Jan 12 at 2023 5:51 PM

2023-01-12T17:51:06-05:00

Should the VA rate the condition if it’s not service related?

Response by SGM Private RallyPoint Member made Jan 12 at 2023 9:17 PM

2023-01-12T21:17:26-05:00

If it's not service connected, it's not VA.
But VA is not the only disability benefit...

https://www.disabilitycarecenter.org/state-resources/texas-social-security-disability/

https://www.hhs.texas.gov/services/disability

How To Apply for Disability in Texas | Disability Care Center

Find your local Social Security office in Texas. Receive assistance with Social Security Disability benefits through your local office.

Response by SSgt Christophe Murphy made Jan 12 at 2023 9:40 PM

2023-01-12T21:40:11-05:00

So is this a service related injury?
Do you have anything in your medical record that can be connected to back issues?
Do you have any other issues, injuries or illness you have issues from your service?

The bottom line is that you have to have documentation in your military medical record that can be connected to current medical issues.

Response by CSM Darieus ZaGara made Jan 13 at 2023 2:05 PM

2023-01-13T14:05:15-05:00

If it is not proven to be service connected you have no extra claim. Your medical records and physical did not show this damage or have listed an original complaint against your back you will not be able to combat the decision.

Herniated discs are very common among the civilian population as well as the military.

Contact the DAV and see what they have to say. They will ask questions and look at your records to tell you more precisely

We ar only doing off the paragraph you have provided.

Response by COL Randall C. made Jan 16 at 2023 1:04 PM

2023-01-16T13:04:44-05:00

As others have said, if there's no evidence of it being caused by your service in the military then there is no reason your military service should be 'held responsible' for your injury*. However, is there evidence of it being caused or aggravated elsewhere? Is it possible you have a workmen's compensation claim?

Social Security Disability Insurance (SSDI) is an all or nothing - you can work (doing something you've done in the past or you're able to adjust to other work) or you can't. That doesn't sound like your situation, but you can try that route.

Bottom line: If your condition can't be linked to work (either military or civilian), then it's unlikely that there is any type of disability income that you're eligible for.
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* Since you said the VA rep said they can't help because it wasn't service related, I assume if you had some type of injury while in the military related to your back you would have presented it to them.

Response by CSM Darieus ZaGara made Jan 16 at 2023 2:31 PM

2023-01-16T14:31:08-05:00

Contact SS Administration as indicated. They will put you through the ringer for eavaluation, but it is thurough and provides you with what your SS would be at retirement age for your year group. It is not likely that the VA will accept something isentified 7 plus years after separation. You can always contact the DAV, they are experts in VA evaluations.