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In 2004, I was medically separated from the Army due to knee injuries sustained in the line of duty. After my second surgery, I was given a P3 profile, and subsequently sent to the MEB. <div>It was determined that because of the knee issues, I was medically unfit for duty.</div><div>I was separated with a rating of 0%.</div><div>When I went to the VA, I was rated with a 10% disability. I have gone back for follow-ups every year for the past 9 years, and still only have a 10% rating, even though my knee has continued to deteriorate. I will be 41 in March, and I am looking at a complete knee replacement in the fall.</div><div><br></div><div>Anyone else have a similar story or an even better story about you overcame what appears to be a faulty evaluation process? </div>
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Medical
Medical Board
Medical Medical Board
Posted 10 y ago
Responses: 10
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<p>I think it is only getting worse with the more claims being filed from the veterans from the OEF/OIF era, and anyone that wasn't given fair ratings the 1st time around are having an even more difficult time getting help and assistance as their appeals are being pushed further to the back burner as the VA tries to show they are processing claims faster than the backlog shows. If they give quick evaluation ratings, they can then claim they are processing faster, and then no one knows about the fact that most of the initial claims are turning into appeals at a much higher rate than the initial claims that was first submitted. At least that has been my personal experience and what I have been informed from friends, colleagues and former Soldiers over the last 4-5 years.</p><p><br></p><p>My current appeal has been in for almost 3 years already and I expect it to continue that way since I have not any contact from a VA representative in almost a year no matter how many messages or letters I have written or left.</p>
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SPC Clyde B Smith Jr
My fellow army brother I'm having the same issue so a friend of mines Son told me that if I go through the DAV office at the Dallas VA that they could push it through more faster than we could so this is what I did. I filed my claim in July of 2011 and they gave me a 0% rating as well , keep fighting and don't give up...I'm going to fight them until Jesus come back ..
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SGT Mitch McKinley
Gentlemen, I am obviously in the same boat. I wish you luck, and please keep me posted on the outcome.
And Clyde...I too will fight this until He comes back.
And Clyde...I too will fight this until He comes back.
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PO1 (Join to see)
SFC Baber
Have you gone to the VA's Release of Information office and requested your entire file? Doing so might give you some insight as to the current status - it won't tell you what is going on, but will tell you what files they are looking at. Also - get that Advocate assigned and then contact them - they can look at your file and you can communicate with them.
Have you gone to the VA's Release of Information office and requested your entire file? Doing so might give you some insight as to the current status - it won't tell you what is going on, but will tell you what files they are looking at. Also - get that Advocate assigned and then contact them - they can look at your file and you can communicate with them.
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I may sound like a broken record here - and some of you on this thread may already be doing this - but get yourself an advocate. To do this simply assign one of many Veteran Service Organizations - mine is VFW - to oversee and double check your paperwork as it processes through appeals. The assigned advocate will have authority to look at your submitted paperwork and the VA's commentary before the file goes up for adjudication - if there are glaring errors the advocate will have the authority to speak out on your behalf.
Additionally, find a Veteran Service Officer and sit down with them WITH your entire medical record military and civilian after you got out. Your military medical file can be found via the VA website - I downloaded mine, compared it to what I had copied while on Active duty - turns out I had a few pages the VA did not. Using your military/civilian medical file, see if there are other things that might be compensable through the VA system. There are a whole host of things that might be helpful.
Remember, when appealing the VA's decision - counter their arguments with civilian doctors assessments. If you don't have the money for the experts go back to the Veterans Service Organizations - ask for help.
Ladies/Gents: It's not a perfect system, not by a long shot, but imagine what you'd have if there were no VA system to bitch and compliain and fight? Stay in the fight - leave your ego at the door - ask for help.
Additionally, find a Veteran Service Officer and sit down with them WITH your entire medical record military and civilian after you got out. Your military medical file can be found via the VA website - I downloaded mine, compared it to what I had copied while on Active duty - turns out I had a few pages the VA did not. Using your military/civilian medical file, see if there are other things that might be compensable through the VA system. There are a whole host of things that might be helpful.
Remember, when appealing the VA's decision - counter their arguments with civilian doctors assessments. If you don't have the money for the experts go back to the Veterans Service Organizations - ask for help.
Ladies/Gents: It's not a perfect system, not by a long shot, but imagine what you'd have if there were no VA system to bitch and compliain and fight? Stay in the fight - leave your ego at the door - ask for help.
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SGT Mitch McKinley
Great advice. I actually went to a veterans service officer from another county in the area, as the Dallas County re is overwhelmed. The guy I went to has been fantastic.
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PO1 (Join to see)
There are Veterans Service Organizations and Veterans Service Officers everywhere - sometimes when the county types are overwhelmed I send Veterans to the VSO's from DAV, VFW, etc.....all you have to do is go to a VFW building and ask - they'll find someone. Should you go to a VFW officer and ask for assistance and they don't move heaven and hell to get someone to you...get their names and positions....let me know about the situation and I'll knock on some doors myself.
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SPC Clyde B Smith Jr
Thanks for the info, it just dazzles me that they could consider you disable and then rate you at 0% , that's a slap in the face and a kick in the balls. Why isn't no one kicking and screaming about the comp n pen as they are about getting appointments to see the Dr's. The comp and pen is important as well and should be looked at the same way. Why should a Veteran continue to get the run around about something the military caused in the first place. Any helpful info would be greatly appreciated.
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PO1 (Join to see)
The military's rating and the VA's rating don't even talk to each other. With a rating of 0% by the VA you can still get medical and can continue to argue with the VA. I can tell you that you're not unique. I would strongly suggest you contact a VSO and sit down with the Service Officer.
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If you do not mind me asking (I am currently in medboard process for back injury), how did you only get rated with 0%?
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SGT Mitch McKinley
I wish I knew. To me, a 0% disability would equate to 100% ability.
But the docs at Landstuhl still deemed me unfit. I actually appealed the findings and was sent to Walter Reed For two weeks and met with the Chief of Orthopedic Surgery for the DOD. He completely listened to my appeal, and sympathized with it, but said based on regulations, his hands were tied.
Please keep me posted on your MEB. I am interested to see how it goes.
If you don't mind me asking, how did you hurt your back? I see you are at Bragg, was it from jumping?
But the docs at Landstuhl still deemed me unfit. I actually appealed the findings and was sent to Walter Reed For two weeks and met with the Chief of Orthopedic Surgery for the DOD. He completely listened to my appeal, and sympathized with it, but said based on regulations, his hands were tied.
Please keep me posted on your MEB. I am interested to see how it goes.
If you don't mind me asking, how did you hurt your back? I see you are at Bragg, was it from jumping?
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PO1 (Join to see)
SPC O.
Have you been in contact with Base/unit legal regarding what the Med Board is doing?
Have you been in contact with Base/unit legal regarding what the Med Board is doing?
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SPC (Join to see)
Yeah I'm currently going for a spinal injury. My battle just got out for his knees and got like 40%.. I'd imagine they rated you on range of motion? Which if you didn't have any loss they would give you a 0 rating.. Maybe you agreed to something that was wrong in the paperwork? 0% after surgery sounds ridiculous unless they expected a 100% recovery
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