Why is it so difficult to prove service-related injuries?

2019-01-19T19:03:19-05:00

How are you supposed to use your medical records as evidence of service related injuries when it was nearly impossible ( well made very difficult by 1SG) to go on sick call, seeking medical attention was made inconvenient?

Response by MAJ Ken Landgren made Jan 19 at 2019 7:13 PM

2019-01-19T19:13:14-05:00

I don't know the answer, however, units should support their soldiers.

Response by Lt Col Charlie Brown made Jan 19 at 2019 7:14 PM

2019-01-19T19:14:00-05:00

Get an appointment not just sick call. And remember to tell the medical folks everything at your separation physical

Response by SFC Private RallyPoint Member made Jan 19 at 2019 8:19 PM

2019-01-19T20:19:46-05:00

Because illness is inconvenient and soldiers like to use it as an excuse not to do PT. When I was a medic and we switched our sick call hours to after PT, our sick call load dropped about 90%.

Its not difficult to establish service related injuries with any sort of documentation. The problem is that people will attempt to claim things after service to raise their rating and so the VA has to have some standard of proof. Not everyone walking through the doors of the VA is a trustworthy veteran. Not everyone walking in is even a veteran. There are always fakers and scam artists around.

As for your 1SG, well that's just poor leadership. The VA can't account for poor leadership and you had every right to go to sick call and should have exercised that right.

Response by Capt Daniel Goodman made Jan 19 at 2019 8:42 PM

2019-01-19T20:42:58-05:00

First, use the eVetRecs site with its Java applet to get all your personnel and clinical stuff from NPRC, then, aside from vet groups and vet law clinics at law schools, look up and/or call NOVA, the Natl Org of Vet Advocates, http://www.vetadvocates.org, we used them for my stuff, which had been horrendously complex, we lucked out, our guy needed $500 for the initial consult, we signed over his share, what VA allows, he had here years prior and had done VA-disabiloty law for 35-40 yrs, they're the top of the VA-disabiloty food chain, check their search engine and/or call their office for who's near you, he took mine over from a vet group, they were god, however, mine was far too involved and highly specialized, just pay what they say, get them all your NPRC and/or VA records, then do exactly what they say, mine took six and half years from start to finish, so don't expect it to go fast, it won't, we did it all, notices of disagreement (NODs), decision review officer (DRO) reviews, and, finally seeing a VA admin law judge (ALJ) with the traveling team from the Board of Veterans Appeals (BVA), plus all three Congress offices helping, plus, yours might need to go higher to the Court of Appeals of Veterans Claims (CAVC), which does use mediation, at their level, above them, it:s the Federal circuit court of appeals and the Supreme Court, trust me, don't even think of tryun it yourself pro se, as such amateur efforts are called, such law is very definitely NOT amateur night, believe me, my wife and I have been through virtually every disability garbage type you can think of, there's a real reason, as we, esp I, found out, as to why God invented attorneys, trust me on that, if you want more help, just ask, I'm Jere, no rush, hope all that helps, gimme your thoughts, I'd be most eager to hear more, whenever convenient, OK?

Home

Response by Capt Daniel Goodman made Jan 19 at 2019 8:57 PM

2019-01-19T20:57:49-05:00

And please do trust what I told you, I assure you, as I'd said, my wife and I have been through virtually the whole thing, promise, if you need help, ask, I'll try to help you from the user perspective, so far as I might be able, OK?

Response by 1SG Private RallyPoint Member made Jan 20 at 2019 1:28 AM

2019-01-20T01:28:37-05:00

If you failed to seek medical treatment during service, buddy statements are an option.
Google CFR 38 Part 4, 4.3-4.6.
If you never received treatment for a medical condition, but it WAS noted on your ETS physical, OR another physical (not your initial enlistment physical) while on active duty, you have a stronger case.
If the condition was diagnosed by the VA or another health care professional within 1 year of your ETS, it should be presumed SC (of course this would exclude conditions cause by post service trauma).
Further, if the condition was NOT noted on your initial enlistment physical, AND you have a combination of the examples above, and you add buddy statements, now you should have reached the level of evidence required to be SC.
Continuing treatment is not a negative, absence of continued treatment is.

Response by 1SG Private RallyPoint Member made Jan 20 at 2019 1:31 AM

2019-01-20T01:31:06-05:00

BTW, dont pay a dime until you've tried using the folks here or your local Veterans Service Organization.

Response by SGT Private RallyPoint Member made Jan 20 at 2019 4:26 AM

2019-01-20T04:26:37-05:00

When did you get out? Documentation is key.
Request all your med records, if you do not already have them, and check every page for completeness.

Anything that you feel that should have made it into the the record, but did not, you will have to document in other ways. Buddy statements can help establish the time frame, IE: Bunk mates state that you started snoring while stationed together, which helps establish the possibility of a Sleep Apnea service connection. However you also should acquire diagnosis, if there is none, and statements from your Doctor that it is "at least as likely as not" that your condition was caused, or aggravated, by your service. With timeline, diagnosis, and probable cause established, you should find your case rapidly settled by the VA.

I waited over 20 years before filing for any benefits. My first filing was settled in 4 months, with half of my claims accepted giving me a 50% rating, and my second filing was settled in similar time frame after visits to their doctors, with the rest of my claims accepted giving me a 100% rating.

If you want specific advice on how to proceed with your specific issues, feel free to message me.

Response by A1C David Hendrickson made Jan 20 at 2019 8:56 AM

2019-01-20T08:56:46-05:00

The #1 way is getting it documented in your med records.
Training MWD's it was no blood no ER which left me with about 30 bites not recorded, back strains, separated shoulder, twisted knees all dont count because of the no blood rule.

Response by SMSgt Lawrence McCarter made Jan 20 at 2019 5:37 PM

2019-01-20T17:37:07-05:00

I only went to sick call once and it turned out I had a temperature of 102 and the Doctor ordered Me to bed in writing. My Supervisor had told Me If I wasn't dead I was going to work, I went to sick call, He could not stop that. That was the one and only time I ever called in sick in over 20 years of service. Once I returned from the hospital the Supervisor never raised the subject again. I never wanted anyone to pick up the slack for Me because I wasn't there and also as a Civilian Police Officer I again never missed My shifts and only once called in sick and was always early for work just as I had been in the service. (that doesn't count one short period on the Police Dept. for an injured on duty leave which didn't last long, I wanted to return to work ASAP ) Other times I was injured I never missed a day for that either, i was in good shape and always recovered quickly. Most the people I worked with did exactly the same as Me and didn't abuse that sick time. Part of being a team is carrying Your own load and not having other fill in for You.

Response by CPL Jason Skinner made Jan 22 at 2019 9:50 PM

2019-01-22T21:50:42-05:00

if you get medical documentation of a diagnosis of a chronic nature that has reached 10% within one year of getting out it can be presumed to be casued by military service. A good service officer can help you with evidence standards. You can get a buddy statement on a va form 21-4138 that can establish your military nexus.