ptsd n tbi claim

rum

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I just met with legal n my peblo n was told that tbi is not a disability so I can't claim it. My ptsd they said isn't bad enough. I was sexually assaulted my by one of my ncos n my unit protected him n made my life miserable while we were deployed n when we got back. My pa sent me to mental health cuz he felt I was suicidal. My unit wouldn't let me receive mental care when we got back. When they finally alowwed me it was for that. Now the meb is telling me I'm not that bad to get a disability. Please help me
 

ranger2992

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Ok first you need to take care of yourself! It sounds like you have a lot of stuff going on and you need to get some help for that immediately. It sounds like you have been blown off and belittled and need help now.

If you are not getting assistance by medical at your post, I suggest you call MilitaryOneSource as soon as you read this. They are going to have trained professionals who can help you right away. They can also get you up to 10 counseling sessions offpost with a civilian provider at no cost to you.

http://www.militaryonesource.mil/help

As far as the rape, contact your division victom advocate. This is going to be a civilian who can help address the rape that happened downrange. They have an obligation to investigate no matter what your unit says.

http://www.preventsexualassault.army.mil/content/ALARACT_advocates.cfm Look at the POC info at the bottom.

When you say the MEB is not helping you, do you mean your primary care doctor, or the actual MEB Dr? Have you started IDES? TBI will generate other issues that are compensatable such as, PTSD, cognitive disorders, depression and anxiety just to name a few.
 

ranger2992

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SEXUAL ASSAULT PREVENTION AND RESPONSE PROGRAM (SAPRP)
SAPRP provides 24/7 crisis intervention and support services to victims of sexual assault. Sexual assault is defined as intentional sexual contact and is characterized by use of force, physical threat or abuse of authority or when the victim does not or cannot consent. It can occur without regard to gender, spousal relationship or age of victim. Sexual assault includes:
Rape - sexual intercourse by force and without consent
Forcible Sodomy - oral or anal sex by force and without consent
Indecent Assault - unwanted, inappropriate sexual contact or fondling
Carnal Knowledge - sexual intercourse with a child under age 16
Upon receipt of a report, the Sexual Assault Response Coordinator (SARC) will assign a Unit or Installation Victim Advocate (UVA/IVA) who will offer services to the victim. It is the victim’s choice whether or not to accept or decline services. An active duty victim may choose:
RESTRICTED Reporting - Does not initiate an investigation. Offers the victim confidentiality with only the following four people: SARC, UVA/IVA, Military Medical Treatment Provider and the Chaplain or
UNRESTRICTED Reporting - Does initiate an investigation, possible forensic examination, legal action and communication with the chain of command and other agencies on a need to know basis.
All soldiers have a duty to report all incidents of sexual assault to their chain of command within 24 hours. The UVA/IVA will accompany their client to medical visits, court proceedings and other appointments as requested, helping them receive services and providing information so they can make informed choices each step of the way. *Army Regulation 27-10 Chapter 18 outlines th rights of crime victims. SAPRP also provides education and awareness training's to active duty members, dependents of active duty members and civilian contract personnel on how to stay safe and what to do if assaulted.
Army Regulation 600-20 - *Acrobat Reader Required
DoD DTM - Confidentiality Policy for Victims of Sexual Assault - *Acrobat Reader Required
Visit the U.S. Army Sexual Assault and Response Program
 

rum

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I did file the report with cid but my unit filed reports saying I made it up n these forms were put in my file with the report from my witness. During n after the investigation my unit harrassed me n I reported it to victims advocate n she said they couldn't do anything to help me. I never received a copy of my file, case. I had to go through tbi to get mental help without my unit knowing. When they did find out they refered me but not for sexual assault but that I was crazy.
The tbi in my last duty station said I had tbi but when I got to my new duty station I started my tbi appts again. When they found out I was going through the meb they claimed I didn't have tbi n that I making up my injuries even though I was hospitalized cuz I was knocked out
 

ranger2992

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You should go up the victim advocate chain. Go to a higher level and remember, it is never too late to report this stuff. Did CID provide you with results of their investigation? If not, start requesting. This is also something the higher level advocate can help with.

As to the TBI, I am confused. I understand it happened while assigned to another unit, but where does the MEB come into play? Who referred you for MEB? and what was the referred condition? Your CoC can not deny you medical attention no matter what their opinion is. Also if you are already in the MEB process, it's not up to them to decide what is real and what is not real. That is what C&P exams and medical professionals do.
 

rum

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ok I. Will check into that. Do u know if this is a disability? SA part.

I was refered to MEB through my foot specialist. Fractured foot n back pain. I was diagnosed with tbi in my last duty station n was being treated for it. Now at my new duty station I had started the process to keep getting treated. This was about 8mos ago. I was sent to the MEB in sept. Once the tbi clinic found out I was going through the MEB they changed n claimed nothing was wrong. They went as far as putting that in my report for the MEB. When I met with legal they showed me the report n told me that not to even fight it cuz tbi isn't a disability n neither was sexual assault
 

grizz13

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TBI is a disability claim, I have 2 proven TBI's and both the Army and VA rated me on it. Who ever the idiot is in the MEB is telling you this stuff needs to be reported to patient advocacy YESTERDAY!!! You are not being treated correctly, you need to keep an eye out on HIPPA violations too.
 

rum

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Thank u both for all the information u have provided. Now I just don't understand how to fight it. I filed my 1st appeal on Monday arguing that my knee should be a disability cuz I can't run jump or even climb stairs. Legal told me cuz I hadn't had a resent profile for it n I explained cuz my pa said my profile for my back n foot covered more. I also appealed that the cammanders report was false cuz he knew of my injuries n even would pull me out of stuff do to them. I didn't appeal the tbi or ptsd cuz she told me tbi wasn't a disability n ptsd didn't wasn't enough cuz it was regarding sexual assault. my back is only 20% cuz I'm not using crutches yet I explained that I become bedridden cuz the crutches make my back hurt worse.
Legal also said if I get injured or something else comes up while I'm going through the meb, even if its a claimable disability I wouldn't be able to claim it through the army but could with va.
Sorry one more thing my peblo made me sign no for requesting an outside doctor to review my records. Is this normal?
 

grizz13

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Sorry one more thing my peblo made me sign no for requesting an outside doctor to review my records. Is this normal?
No that is not correct and not normal, your PEBLO did the wrong thing. You always have the right for a second opinion no matter what, they violated your rights. Usually when dealing with something like this you need to do an Independent Medical Review (IMR) to ensure that you are being treated fairly by the MEB doctor that you have, which you are not.
 

rum

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I don't understand... I thought the PEBLO is supposed to help us out n watch our backs to make sure we r being treated right. I trusted him n thought he was doing me right. Something just didn't feel right when he made me sign it but I didn't know that's why I asked for help through here. I thought maybe I was just over reacting. Now that I know its wrong is there something I can do? Is there someone I can get to help me?
 

ranger2992

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I don't want to sound mean or cruel, but feel it has to be said. You are responsible for everything you sign. Nobody can force you to do anything. A PEBLO is not your patient advocate, or Ombudsman. They are there to make sure your board flows in a timely manner, to ensure you get counseled on the process, and to communicate results. It is up to you to make these choices. Did the PEBLO not tell you the you had 7 days to consider and review the information?

The only way you are going to make the right choice is if you get smart on this stuff. Researching here is a great start, but get in and read the regulations and talk to people who have gone through it. There are a lot of check points you can throw the BS flag, but you are never going to know unless you learn this stuff. It is very hard for me to understand how people trust that somebody else is going to make sure you get everything you deserve.

This board you are going through right now is a tryout for life. If you can't push back, or make choices about this stuff, the civilian world will eat you up and spit you out. I can see by what you have posted that you have had an extremely tough time. You relied on leaders that let you down and hurt you. The time to rely on yourself is now. If you don't like an answer you get, or you sense it needs more time, ask for it.

The good news is there are other levels of appeal in this process. When the PEB rates you and sends you decision back, you will again have the right to dispute it. If they missed stuff in the MEB, you can appeal to the Formal PEB and get that stuff looked at. Again, it will fall on you to load the gun, cock the hammer and pull the trigger. Nobody else will do that for you. No matter how frustrated you are with your unit and the process, take your time and have multiple people review your packet before you sign.

Again, I am sorry for what you have faced. Please make learning and mastering this process your fulltime job between now and when your PEB decision comes back. You also need to use some of those resources I mentioned earlier. Militaryonesource is a great place to start.
 

rum

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Thank u so much. Unfortunately I didn't get time to let anyone see it because right after I met with legal I had to turne the paperwork over to my PEBLO n that's when he made me sign the paperwork stating that I could only say no because I was appealing the rating. Not till after I left did I get to have someone view it n they said it was wrong but didn't have help on what to do next. That's why I came here to see if someone could at least point in some direction. Thank u for all ur help n advice n I will from here on out make sure before I sign anything that its what I want.

Oh n I don't care if u think u sounded mean. I would rather u sound mean and be straight with me then sugar coat it n I end up missing the important stuff. U don't understand how much this has helped me because I've been asking for help but no one seems to know or where to go for answers or help. I'm glad u were kind enough to take the time to answer my questions n to give other suggestions as well. Thank u all again
 

grizz13

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Thank u so much. Unfortunately I didn't get time to let anyone see it because right after I met with legal I had to turne the paperwork over to my PEBLO n that's when he made me sign the paperwork stating that I could only say no because I was appealing the rating. Not till after I left did I get to have someone view it n they said it was wrong but didn't have help on what to do next. That's why I came here to see if someone could at least point in some direction. Thank u for all ur help n advice n I will from here on out make sure before I sign anything that its what I want.

Oh n I don't care if u think u sounded mean. I would rather u sound mean and be straight with me then sugar coat it n I end up missing the important stuff. U don't understand how much this has helped me because I've been asking for help but no one seems to know or where to go for answers or help. I'm glad u were kind enough to take the time to answer my questions n to give other suggestions as well. Thank u all again
Keep us posted on how things are going, and if you have a question ask it, I'd rather you get an answer without having any info to go by.
 

rum

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Thank u so much! This has been hard to deal with cuz it seems like no one knows or they just don't want to be honest with me. I was looking @ other blogs n I have learned of other things as well. I'm so glad to have ran across this forum. U guys have been really helpful n willing to share ur knowledge. I'm very thankful that there r still people like u out there.
And yes I will definately keep u posted as I'm going through this.
 

No Slack Bayonet

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I had a tbi too , now how i got rated wasn't the tbi itself but what came from it, IE cognitive deficits, headaches things like that, the residuals are what you will get rated for. I had a big blow out with my doc and he explained it and they gave me the cognitive deficits and the headaches as residual from tbi! Ofcourse i had to go to fort sam for a week and see the head of neuropsychology for a ton of ridiculous tests but it was worth it!
 

rum

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Thank u so much! This has been hard to deal with cuz it seems like no one knows or they just don't want to help. I will definately keep posting as I go along cuz I'm sure I will be having many more questions. Thanks again
 

No Slack Bayonet

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Oh and for the ptsd, what helped me was my commanders letter. It took me about 6 months my therapist was totally against diagnosing PTSD but when i brought the commanders letter forward and showed her it was a different story, but then i had to take it to the chief of mental health at the hospital then on his call i was given the permanent PTSD profile. Dont take any of it sitting down if you want it you have to get it yourself!
 

rum

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Thank u so much! This has been hard to deal with cuz it seems like no one knows or they just don't want to help. I will definately keep posting as I go along cuz I'm sure I will be having many more questions. Thanks again
 

rum

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i met with legal and they told me that they are only looking at my PTSD for the sexual assault and not for trama during deployments. i told her that i lost several friends and i even saw 2 of them get blown up. we received small arms fire n called for fire n watched insurgents get blown away. she said i dont have proof to claim it. how can i show proof to such a thing. sorry i didnt want to be so detailed but since then those incidents all happened around the same time they are only looking at it that only this causing PTSD is the sexual assault.
 

rum

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regarding my TBI i was diagnosed with vertigo in 2006 because when i would lean backwards like getting ready to lie down to go to sleep i would pass out before hitting the pillow. i kept going to the tmc for 3 months because the PA kept saying it would go away. i went to several PAs when finally one looked up my symptoms and actually helped me out. when i came back from my 2nd deployment i was sent to tbi n they acknowledged i had tbi and they were treating me for memory loss, vertigo, speach therapy and hearing loss. all this was in my medical records. my new duty station tbi claimed i didnt have any of it as soon as they found out i was going through the MEB. legal said that they are going the current assessment. how can i fight this
 
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