We Are All Broken

–Earnest Hemingway

Everyone who joins the military is forever changed. While talking to a Master Sergeant he is the one who told me the Hemingway quote. We are all broken. It doesn’t matter if you were in combat or not, you are forever changed.

First a DISCLAIMER: I am not a lawyer. I am not dispensing legal advice. The only people who can represent you before the VA, VHA, and BVA are 1) YOURSELF, 2) a lawyer who is certified in VA law, and 3) a veterans service organization representative (legion, amvets, VFW, DAV, and they are not versed in the law at all). All I am doing is telling you what I did and that I believe most people can do the same thing.

Beware of Fraud

It is illegal to claim something from the VA that you are not entitled to. Lets be real. We have all seen the YouTube videos. How to get a 100% total disability from the VA. Claim sleep apnea, if you have a cpap thats an automatic 50%. Claim tetanitis thats an automatic 10%. All you have to do is see one of these doctors and get a NEXUS letter (more on a NEXUS later). By stacking your claims they can eventually all add up to 100%

Getting a doctor to say that something was more than likely to be caused by your military service, when you know it was not, is fraud. If you are caught (many people have been prosecuted lately) you will face criminal penalties. Don’t claim something you are not entitled to.

What I did

When I left the military in 1990, I had copies of all my medical records (thanks to a Chief Warrant Officer). I had a separation of my right shoulder. The surgical repair failed and my shoulder sublaxed every time I raised my arm. The VA gave me a 0% rating for scaring. They claimed my medical records were missing (thank you chief). I then presented them with my medical records and was rated at 10% without filing a claim.

I have been seeing the VA ever since (this is important). Because of being unable to keep work as a mechanic because of my shoulder (restrictions on lifting). I filed for an increase with letters from potential employers and was granted a 20% disability with VOC Rehab.

Then I got smart and read the rating system for my shoulder condition. Then I realized that I couldn’t raise my arm more than 33 degrees without it sublaxing. I filed a claim for an increase and their own doctors measured it at 28 degrees before sublaxing. This increased me to 40%

100%

Now here is where seeing the VA regularly since leaving the military becomes important. I started having panic attacks. The VA psychiatrist started treating me. He then sent me to a psychologist who treated me for a year. With her diagnosis, I filed a claim and using her records and another VA psychologist exam I received 100% just for the panic attacks.

Because the VA diagnosed me, examined me, and treated me, I never had to file an appeal on any claim I put in. People make the mistake of only seeing the VA when they have a complaint. Then they have to go through the process of proving their claims. If they had been diagnosed by the VA and treated by the VA their medical problems would already be on file.

If the VA or your military record has not already diagnosed you then you will have to get a NEXUS letter from a private doctor stating that your condition was more than likely caused by your military service. You will most likely need buddy statements and family statements attesting to the condition and when it started.

Summary

Use the VA doctors. Let them diagnose you. Let them treat you for your conditions. Then file your claims and use the VA medical records to support your claims. You can find all the files online and fill them out yourself. If denied you can file your own appeals. Don’t give up and don’t file false claims in an effort to reach 100%.

See my blog on 22 a day to see how I represented myself on an emergency room bill, with the VA, VHA, and BVA all without a lawyer or representative.