What should I do?

L

lilshames

New Member
Registered Member
Hey guys, this is my first time ever posting on here and it was recommended to me by someone on Reddit.

My situation is I’m 23, bi-lateral labrum tears in my hips, diagnosed with MDD, GAD, & PTSD, I also had a broken collarbone that didn’t heal correctly, nerve damage on my knee from my right hip surgery, MST from sexual harassment, service dog to help with my mobility issues, I have to be on weight loss medication because I can’t exercise to lose weight and I’ve gotten fat, and lower back pain.

I can NEVER walk normal again. I’m going to need a cane by the time I’m 28. My ortho surgeon put in my notes that they don’t believe I will ever make a full recovery.

Now onto my issue… the VA is only trying to give me 60%…. Even though I can barely walk. Only because they apparently just base it off “range of motion measurements.” I asked for a reconsideration and sent in 326 pages of evidence, along with a letter referencing 38 CFR disabilities and their supposed ratings.

Why the heck am I supposed to just keep fighting for someone to take my disabilities seriously. I will never be normal again. Do you guys think that all the new evidence I turned in and the letter will be enough push for a reconsideration to at least 90%??
 
Sorry to hear you're having a hard time with the process: could you let us know where you're at in the process? I know you've submitted for reconsideration with new evidence, but you can do this post-service so I just wanna get some more perspective on it all.
 
thanks4urhelp said:
Sorry to hear you're having a hard time with the process: could you let us know where you're at in the process? I know you've submitted for reconsideration with new evidence, but you can do this post-service so I just wanna get some more perspective on it all.
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I just turned in for reconsideration, my PEBLO says I should be out of the Army within 2ish months. But I haven’t been able to talk to my lawyer cause she’s been on maternity leave so I’ve been doing everything myself until she gets back the 5th. So I’m almost completely done with the process and just waiting to see if the VA reconsiders
 
I'm assuming you submitted all records of off base treatment in this reconsideration request. For what it's worth, what you did made sense. You won't have much but silence until your lawyer gets back, and you likely gave the perfect delay since it will take some time for the VA and whoever they are contracting to examine you to process your submission.

I opted against this, but you can also hire personal legal counsel if you'd like. You're so late in the process I'm not sure you'd be accepted, but you may get your desired outcome with your IDES attorney once she's back on track. I'm honestly a bit surprised you didn't get reassigned to a different lawyer.

Did you get your proposed DoD rating as well? From how it was explained to me, reconsideration is a double edged sword. There can be as much evidence against you as there is for you.

I ask you these things because each timeline that was given to me by DoD explaining this process, your position is after the informal PEB/VA proposed rating. Have you considered your lawyer suggesting formal board?
 
thanks4urhelp said:
I'm assuming you submitted all records of off base treatment in this reconsideration request. For what it's worth, what you did made sense. You won't have much but silence until your lawyer gets back, and you likely gave the perfect delay since it will take some time for the VA and whoever they are contracting to examine you to process your submission.

I opted against this, but you can also hire personal legal counsel if you'd like. You're so late in the process I'm not sure you'd be accepted, but you may get your desired outcome with your IDES attorney once she's back on track. I'm honestly a bit surprised you didn't get reassigned to a different lawyer.

Did you get your proposed DoD rating as well? From how it was explained to me, reconsideration is a double edged sword. There can be as much evidence against you as there is for you.

I ask you these things because each timeline that was given to me by DoD explaining this process, your position is after the informal PEB/VA proposed rating. Have you considered your lawyer suggesting formal board?
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Ya I submitted literally everything from doctors notes, to physical therapy records, off base behavioral health, profiles, MRI records, Steroid shot records, surgery records, etc. my DOD rating is 20% which I’m fine with the severance pay cause it will give me a little help when I get out up front, it does suck I have to pay it back over the years though.

I actually did request to have a formal board, my zoom meeting was supposed to be April 17th but then after going back and forth in my head and weighing my options I decided to go the other route since all the formal board does is add to your DOD rating and not your VA.

I have heard it’s definitely double edged sword. I just feel like no matter how much I put into this I’m not going to get what I deserve. It’s just a waiting game at the moment but I just wanted to see if there was anything else that could sway their decision to reconsider.
 
lilshames said:
Ya I submitted literally everything from doctors notes, to physical therapy records, off base behavioral health, profiles, MRI records, Steroid shot records, surgery records, etc. my DOD rating is 20% which I’m fine with the severance pay cause it will give me a little help when I get out up front, it does suck I have to pay it back over the years though.

I actually did request to have a formal board, my zoom meeting was supposed to be April 17th but then after going back and forth in my head and weighing my options I decided to go the other route since all the formal board does is add to your DOD rating and not your VA.

I have heard it’s definitely double edged sword. I just feel like no matter how much I put into this I’m not going to get what I deserve. It’s just a waiting game at the moment but I just wanted to see if there was anything else that could sway their decision to reconsider.
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I would hold onto your cards and discuss everything with your lawyer. I know you feel an innate call to action since DoD wide you're trained to hurry up and wait if there's a problem at hand, but no amount of hurry up and wait pushes this process to an ending sadly. A lot of what's been taking the edge off for myself and some other service members is maintaining a timeline on here that could help people in the future, and often times people will chime in with their own case notes and responses to your timeline. Keeping something like that up to date can help take the edge off while helping others: I suggest you give that a go, never know what ideas might sprout up if you retrace your steps and look into the instructions behind the processes you're going through.

The whole process breeds anxiety since it is hardly transparent in nature, and most of it is waiting in the dark and randomly getting life changing news. Would be nice if there was some sort of tracker reflecting where our cases are in as much detail as our PEBLO, attorney, and MSC see.

You're back in review, so take this time to craft the best strategy you can with some legal advice.
 
Both the DoD and VA rate your current level of disability. The DoD rate will not change once all appeals… are exhausted and must be based on the VA rating for your unfit condition(s). If your conditions worsen you can apply to the VA for a higher rating.

What is your branch of service?
 
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