Posted on Jun 30, 2020
PO3 Amy Teachman
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New to this platform. I filed an intent to file a disability claim and I have no clue what I’m supposed to do next. Located in Utah. Please provide helpful information/advice? I appreciate your time and assistance in advance. Respectfully, Amy
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Responses: 4
SPC Nancy Greene
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Hello & welcome aboard!
Don’t be discouraged if it takes a little while for you to receive responses. Try ‘connecting’ with individual people and build your support group. (that’s what I did)
COL Mikel Burroughs is a good man to start with...
As for your disability question: please stay extremely proactive for yourself! Claims take forever and you usually have to be your own advocate. If you have a Congressman who actually does something, you might want to contact him as he can assist. Veterans Service Officers are supposed to assist...my best advice is to stay on top of your request, file your claim, and bother your regional office until they tire if you and do something!
Good Luck!
Nancy
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PO3 Jay Rose
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Edited 4 y ago
My very first question for you is that I see you have OSW tagged, is it in your records that you served in OSW? I am asking because if you served in OSW, certain comorbidities almost automatically will get you benefits through the VA, primarily having a diagnosis of ME/CFS (Chronic Fatigue Syndrome). Sure, it requires a 10% disability rating along-side, but if you suffer from ME/CFS, it should not be hard to get approved at the 10% level! Take a look at this link, and let me know, I myself am going through this process:

https://www.publichealth.va.gov/exposures/gulfwar/chronic-fatigue-syndrome.asp

One more thing, documentation is going to be your ‘golden ticket’ especially while trying to prove any links between your time in service, and now. So, you will need to request your service medical records, and gather up everything else you have between now and then. This is truly step one. Even if you do qualify under some of the newer rules, the more connections that you can show, the better odds you will have at a higher disability rating. Furthermore, NOTHING is going to be irrelevant in your medical records, you really do need EVERYTHING! We can touch on that later though.
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PO3 Amy Teachman
PO3 Amy Teachman
4 y
Dude, thank you so much! I knew after I saw 0SW and reading all of the different symptoms, that it is me to a T! Honestly I was like is there something wrong with me and nobody can figure it out?! Now I have to have disc replacement surgery in my neck I mean this is crazy. I am literally just overwhelmed. I have all my medical records. I got copies of them before I left the military plus I have them on a disk that I requested. I have all my other medical records to tie everything back thank God! Who should I get in touch with? Somebody mentioned reaching out to my congressman so I actually emailed the representative to see if I can get in contact with someone I hope that’s the right step?
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PO3 Jay Rose
PO3 Jay Rose
4 y
You are very welcome! There are TONS of medical issues that have been reported by vets that have served in OSW, and subsequently in the “Southwest Asia theater of military operations” in general (see: https://www.publichealth.va.gov/exposures/gulfwar/military-service.asp), and the VA is finally starting to acknowledge those links! More importantly, the VA is finally DOING SOMETHING for those of us that have overwhelming evidence of certain illnesses alongside serving in the Middle East! That being said, there are multiple illnesses that the government has theorized came-to-be as a direct result of serving in OSW and the like. You’ve probably heard of “Gulf War Syndrome,” the ‘requirements’ for disability are pretty much identical to the disorders that present in us OSW vets, to include ME/CFS, Fibromyalgia, Functional Gastrointestinal Disorders, and a catch-all known as “Undiagnosed Illness” (see: https://www.publichealth.va.gov/exposures/gulfwar/medically-unexplained-illness.asp).

So far, it sounds like you are going in a good direction. You have the desire to fight, which is the biggest part as it’s going to take copious amounts of both time and energy that you probably don’t have, but you will nevertheless have to push through. It really is daunting being a “Full-time Patient,” and is a very sobering reality that we now have to deal with. At least the VA has gotten much better at streamlining disability requirements for folks like us! It still does feel like a kick-in-the-face that it has taken this long to see something tangible finally being done about it, but as they say “better late than never.”

Now, the most important thing that you will need to stress during this process are those medical conditions that you now have, that you did not have before enlistment. If you have anything on those lists that I shared, those do not require proof that they were caused as a result of military service, and stressing those should be at the top of your list. There are going to be other things, things you may consider small, that escalate after leaving the service, and could be proven to be a direct result as well! Please keep that in mind, everything adds up, and the more you show the higher your disability rating could be!

The VERY NEXT THING YOU NEED TO DO (now that you have all the records) is to file the appropriate paperwork, and schedule a “Comp & Pensions Exam” at the VA. This will be an exam where a VA doctor that only does these exams will evaluate you and your illnesses, and will make a recommendation if you are or are not disabled according to VA regulations. It will also show how much of your disabilities are service-connected, and could be used to get a higher disability rating. This step gets the “ball rolling,” so please DON’T DELAY.

BEFORE going to your exam, or even filling out the paperwork, YOU MUST HAVE A PLAN!!! Read over everything I sent, and then read it again, follow the links, do searches, and ask people any and all questions that you may have! This is vital as you will want to focus on those areas that will help you, and NOT SAY TOO MUCH if it could derail you. Think of it like talking to the police, or being in court. Sure, they may say that they “want to help you,” but they have a job to do, and that is to discount anything that they believe is not a bona fide disability or something that could exclude you from getting your disability. You’re probably thinking “but I served” or “I paid into it” or even “it’s my disability”, and all of those are true, but you will be dealing with a bureaucracy, and they do not share in the physical pain or emotional involvement that you certainly do!

While on the note of bureaucracies, did you also apply for SSDI (if you qualify)? You CAN get BOTH, and they are ran by two independent bodies, so one claim has nothing to do with the other. The point is, why file a single claim when you could file two, and have a shot at each one?! Take a look at this link for more on the subject: https://www.ssa.gov/benefits/disability/

Regarding WHO can help you, first and foremost, YOU ARE ALWAYS YOUR OWN BEST ADVOCATE! However, if you do need help, especially an ‘official’ advocate, the DAV is the best place to go (hands down). I wouldn’t even personally bother with contacting a congressman, senator, or the like, not at this point anyway because getting approved for disability is a process, it requires medical exams, reviews, etc., and a phone call from a politician will 100% NOT speed this along as they CAN’T just tell them to approve it and be done. Maybe if you run into issues later on, or if you have to file an appeal, or start exhausting options, then perhaps they can help ‘push things along,’ but you haven’t gotten they’re yet. On that note, if you get to a position like that much later on, the news will ALWAYS be better than a congressional representative since the VA try’s VERY HARD to make “bad news” go away!

Finally, the stuff you said, it sounds all too eerily familiar to me! The fact that I waited decades to even start getting answers, the fact that I too had spinal surgery (lower back in my case), the fact that you and I have a multitude of symptoms. Part of my issue could be answered with eventually finding out that I had a rare congenital disease called Ehlers-Danlos Syndrome - Hypermobility Type (EDS-HT), however I got a waiver at MEPS for a femur that broke a couple years prior. As they waived me, and more symptoms started showing, it was the governments responsibility to take care of me, and that’s where I am at now. The only problem is that I didn’t get a proper diagnosis until 2 years ago when I was 39 (because most doctors never even heard of it)! Regarding my ME/CFS, it is even puzzling my specialists, but it’s pretty damn severe, and also directly linked to OSW! If you would like to share more, even via private message, I am very curious how much we have in common medically as we both served in the same general area, and I imagine around the same time!

I just realized that I wrote a ton! I hope this too helps, and feel free to ask anything else you’d like. Like I said, I’m going through what seems to be the same exact process, so I’m happy to share with you anything that I am learning along the way!

Best regards,

Jay
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SGT Herbert Bollum
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Remember you have one year to keep the intent open.
Do your due diligence on each issue you have.
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