Posted on Feb 10, 2020
SPC Infantryman
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Greetings to all who read this.
Long story short...shipped to basic on Nov. 19 and after a month and a half I got hurt bad (I slipped 2 times during a 7 mile ruck) after that, sever joint pain on my neck, shoulders and upper back, along with headaches. The sick call Ibuprofen and “walk it off, drink water cure” didn’t help. After another month I got chaptered out with “arthralgia” EPTS and ELS. No mentioning off my neck, back and shoulder pain on my military medical records, just the “arthralgia”. I’ve never in my life suffered from “arthralgia”, neck, shoulder or back pain. Went home, visited a Doctor, got x-rays and got diagnosed with Muscle Spasms, Cervical Kyphosis and chronic tension-type headaches. Doc back at home said I don’t have arthralgia and unlikely to develop it at my age. My contract says that I was in complete health and fit for service before basic. Now, a 25 year old man, can’t even carry 20 pounds because of what happed to me over at the ruck. So, Why was I miss diagnosed with arthralgia? And can I start a claim for my Cervical Kyphosis with an uncharacterized discharge? I got all the medical evidence and documentation.
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SGT Robert Pryor
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SPC (Join to see) As one who has actually worked in this field (VA benefits), both as a paid professional and volunteer, I can tell you there is some sage advice offered in this thread. First I will explain a few things. When determining service connection, the VA ONLY considers if the claimed condition was caused or aggravated by your military service. Having a preexisting or congenital medical problem is not a bar to benefits if it can be shown that the condition was made worse by your service. The fact that you were misdiagnosed on active duty may be a problem when not fought through VA as soon as possible following separation. See comment from SFC Melvin Brandenburg, time is of the essence. VA gives infinitely more weight to accurate and current diagnoses than something that can be shown to have been an erroneous diagnosis in your service medical records. See advice from SPC Celestino Alicea. Another factor the VA will consider is were you on active pay status at the time the claimed condition was incurred or aggravated. From what you wrote, I'd say the answer is "yes," you were on pay status at the time of your ruck march. They also consider if it was due your own willful misconduct. I don't see any indication of that here. Length of service is NOT germane to your claim, nor is your uncharacterized discharge. That matters to DOD, but not to the Department of Veterans Affairs. Those departments have different and unrelated standards, so don't get them confused. Your next steps should be:
1. Follow the advice of PO3 Donald Murphy and do not file with VA directly.
2. Google, or use the VA website va.gov, the location of your nearest VA Regional office.
3. With that information Google the contact information for a nationally accredited Veterans Organization (DAV, VFW, AMVETS, The American Legion, MOPH, etc.) colocated at the VARO. It is probably best not to go to the local Chapter or Post -- go directly to a National Service Officer.
4. Contact the the National Service Office of your choice.
5. File your claim with that NSO.
6. Follow the National Service Officer's advice on how to best develop your claim, some of which has been correctly summarized in other messages here.
7. Quit reading this and get started!
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1SG Civil Affairs Specialist
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Note - MOPH no longer exists. The others are perfectly good resources.
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SGT Robert Pryor
SGT Robert Pryor
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1SG (Join to see) - I knew they were having trouble, but I did not know they folded. Thanks for the heads up.
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1SG Civil Affairs Specialist
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SGT Robert Pryor - They still exist, but no longer function as a VSO for claim purposes. They have been sending letters to all of their claimants since 1 February.
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SFC Melvin Brandenburg
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see a veterans service organization ASAP, and get documentation from medical providers that show there was no previous evidence of your conditions.
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SPC Infantryman
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what about my contract? It says that I was in complete health and fit for duty before shipping to basic. Since it’s a military medical document I’m assuming it’s good evidence.
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SFC William Farrell
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SPC (Join to see) I’d listen to PO3 Donald Murphy get an outside doctor to do your evaluation. I’d also check with your own doctors from when you were younger to see if any of that is in your record. My spine is a mess due to service connected issues and I had to fight them every step of the way.
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